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Official Journal of the European Union |
L 47 |
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Legislation |
Volume 62 |
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Commission Delegated Regulation (EU) 2019/280 of 3 December 2018 amending Regulation (EC) No 138/2004 of the European Parliament and of the Council as regards references to the European system of national and regional accounts in the European Union ( 1 ) |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/1 |
COUNCIL REGULATION (EU) 2019/278
of 18 February 2019
amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision (CFSP) 2019/284 of 18 February 2019 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1) |
Council Regulation (EC) No 314/2004 (2) gives effect to several measures provided for by Decision 2011/101/CFSP (3), including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies. |
(2) |
On 18 February 2019, the Council adopted Decision (CSFP) 2019/284 removing the name of two persons from Annex II to Decision 2011/101/CFSP. |
(3) |
Annex IV to Regulation (EC) No 314/2004 should be amended accordingly. |
(4) |
This Regulation must enter into force on the day following that of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IV to Regulation (EC) No 314/2004 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 2019.
For the Council
The President
F. MOGHERINI
(1) See page 38 of this Official Journal.
(2) Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (OJ L 55, 24.2.2004, p. 1).
(3) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
ANNEX
‘ANNEX IV
List of persons referred to in Article 6(4)
Persons
|
Name (and any aliases) |
3. |
Chiwenga, Constantine |
4. |
Shiri, Perence (a.k.a. Bigboy) Samson Chikerema |
5. |
Sibanda, Phillip Valerio (a.k.a. Valentine) |
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/4 |
COUNCIL IMPLEMENTING REGULATION (EU) 2019/279
of 18 February 2019
implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 11(4) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 1 August 2011 the Council adopted Regulation (EU) No 753/2011. |
(2) |
On 30 January 2019 the United Nations Security Council (‘UNSC’) Committee established pursuant to paragraph 30 of UNSC Resolution 1988 (2011) updated the information relating to two persons subject to restrictive measures. |
(3) |
Annex I to Regulation (EU) No 753/2011 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 753/2011 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 2019.
For the Council
The President
F. MOGHERINI
ANNEX
The entries concerning the persons listed below are replaced by the following entries:
‘(42) Jalaluddin Haqqani (alias: (a) Jalaluddin Haqani, (b) Jallalouddin Haqqani, (c) Jallalouddine Haqani).
Title: Maulavi. Grounds for listing: Minister of Frontier Affairs under the Taliban regime. Date of birth: (a) Approximately 1942, (b) Approximately 1948. Place of birth: (a) Garda Saray area, Waza Zadran District, Paktia Province, Afghanistan, (b) Neka District, Paktika Province, Afghanistan. Nationality: Afghanistan. Date of UN designation: 31.1.2001.
Other information: Father of Sirajuddin Jallaloudine Haqqani, Nasiruddin Haqqani and Badruddin Haqqani (deceased). Brother of Mohammad Ibrahim Omari and Khalil Ahmed Haqqani. He is an active Taliban leader. Believed to be in Afghanistan/Pakistan border area. Head of the Taliban Miram Shah Shura as at 2008. Belongs to Zadran tribe. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 27 Jul. 2010. Reportedly deceased as of September 2018. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1427400
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Jalaluddin Haqqani has close relations with Mohammed Omar and had close relations with Usama bin Laden (deceased). He is the father of Sirajuddin Jallaloudine Haqqani, Nasiruddin Haqqani and Badruddin Haqqani (deceased), and the brother of Mohammad Ibrahim Omari and Khalil Ahmed Haqqani. He is an active Taliban leader. Jalaluddin Haqqani was also the liaison between Al-Qaida and the Taliban in 2007. He was Chairman of the Taliban ‘Miram Shah Council’ as at June 2008.
He was originally a commander for the Mwalawi Hezbi Islami Party in Khost, Paktika and Paktia provinces. Later he joined the Taliban and was appointed as Minister of Frontier Affairs. Following the collapse of the Taliban regime, along with Taliban and Al-Qaida elements, he escaped to northern Waziristan and started to regroup his militias for the fight against the Government of Afghanistan.
Haqqani has been accused of involvement in the bombing of the Indian Embassy in Kabul in 2008 and the attempt to assassinate President Karzai during a military parade in Kabul earlier the same year. Haqqani was also implicated in an attack on ministry buildings in Kabul in February 2009.
Jalaluddin Haqqani is the founder of the Haqqani Network.’
‘(135) Torek Agha (alias: (a) Sayed Mohammed Hashan, (b) Torak Agha, (c) Toriq Agha, (d) Toriq Agha Sayed).
Title: Haji. Address: Pashtunabad, Quetta, Baluchistan Province, Pakistan. Date of birth: (a) 1960, (b) 1962, (c) Approximately 1965. Place of birth: (a) Kandahar Province, Afghanistan, (b) Pishin, Baluchistan Province, Pakistan. National identification No: Pakistani 5430312277059 (fraudulently obtained and since cancelled by the Government of Pakistan). Date of UN designation: 2.11.2015.
Other information: Key commander for Taliban military council involved in fundraising from Gulf-based donors. Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Reportedly deceased as of November 2018. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/ notice/search/un/5905294
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
A senior Taliban leader as of late 2014, Torek Agha (Torek) has served on the Taliban's ‘Quetta shura’, a regional body that directs Taliban activities in southern and western Afghanistan, and played a role in raising funds from Gulf-based donors.
As of late 2014, Torek was a member of a group responsible for the Taliban leadership's strategic planning and logistics operations and also operated as a key commander and member of the Taliban's military council, and authorized and facilitated Taliban military operations. The Taliban military council is one of three command level councils and is responsible for overseeing Taliban operations and approving appointments of Taliban military leadership.
Over the years, Torek was involved in authorizing the assassination of numerous Afghan Government officials and tribal elders. Additionally, as early as 2012, he was one of four senior Taliban commanders who authorized the use of an unidentified chemical powder to assassinate senior Afghan Government officials.
After being instructed in mid-2011 by a Taliban senior leader to travel to Saudi Arabia during Ramadan to arrange external funding, in 2012 Torek and several other Taliban ‘Quetta shura’ members selected mullahs to travel to Saudi Arabia and other Arab countries to collect financial donations on the Taliban's behalf from both Afghan businessmen and smugglers. As of early 2012, Torek received a donation from an unidentified Arab donor with instructions to pass the money to the Taliban's provincial shadow governor of Uruzgan Province, Afghanistan, for assassination operations.
Torek collected approximately USD 4 million from Gulf-based donors for the Taliban in 2010, the majority of which he provided to fellow senior leader and Taliban finance collector Gul Agha Ishakzai (Gul Agha). The amounts and sources of Torek's multiple 2010 Taliban fundraising transfers to Gul Agha were as follows: USD 1 million from associates in Saudi Arabia; USD 2 million from donors in Qatar, the United Arab Emirates (UAE), and Saudi Arabia; and USD 600 000 from various Arab donors obtained on a fundraising trip to Qatar.
As of late 2009, Torek held USD 2 million from unidentified Qatar and Saudi Arabia donors intended for the Taliban's ‘Quetta shura’ treasurer. The substantial donations Torek collected for the Taliban ‘Quetta shura’ during Ramadan were held in unidentified Pakistani banks and were under the control of the Taliban's head treasurer.
In mid-2006, Torek assigned Taliban fighters to various operational Taliban commanders. He was one of the main links between the Taliban leadership and groups of Arab fighters arriving in Pakistan and Afghanistan to fight the International Security Assistance Force (ISAF).’
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/7 |
COMMISSION DELEGATED REGULATION (EU) 2019/280
of 3 December 2018
amending Regulation (EC) No 138/2004 of the European Parliament and of the Council as regards references to the European system of national and regional accounts in the European Union
(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 138/2004 of European Parliament and Council of 5 December 2003 on the economic accounts for agriculture in the Community (1), and in particular Article 2(2) and Article 3(3) thereof,
Whereas:
(1) |
Regulation (EU) No 549/2013 of the European Parliament and the Council (2) (‘ESA 2010’) contains the reference framework of common standards, definitions, classifications and accounting rules for drawing up the accounts of the Member States for the statistical requirements of the Union. |
(2) |
The economic accounts for agriculture are satellite accounts of national accounts, as defined by ESA 2010, with the purpose of obtaining results that are harmonised and comparable between the Member States in order to draw up the accounts for the purposes of the Union. |
(3) |
Since ESA 2010 is a revision of ESA 95, the introduction of new references in Annexes I and II to Regulation (EC) No 138/2004 is required. |
(4) |
Annexes I and II to Regulation (EC) No 138/2004 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 138/2004 is amended in accordance with Annex I to this Regulation.
Annex II to Regulation (EC) No 138/2004 is amended in accordance with Annex II to this Regulation.
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, 3 December 2018.
For the Commission
The President
Jean-Claude JUNCKER
(2) Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).
ANNEX I
Annex I to Regulation (EC) No 138/2004 is amended as follows:
(1) |
throughout the Annex:
|
(2) |
the ‘Contents’ section is amended as follows:
|
(3) |
the ‘Foreword’ section is replaced by the following: ‘ FOREWORD The revision of the European system of accounts (ESA 2010) (*1) has led to some revisions of the basic methodology used for the EAA, to guarantee consistency with the ESA to allow harmonisation of the EAA both between Member States and with the central framework of the national accounts and to ensure that the changes to be made were feasible. This manual has been drawn up with these considerations in mind as, in addition to the concepts, principles and basic rules for compiling the EAA, it also refers to any adaptations to specific characteristics in the field of agriculture. (*1) European System of National and Regional Accounts — ESA 2010, Luxembourg 2013.’." |
(4) |
Section I is amended as follows:
|
(5) |
Section II is amended as follows:
|
(6) |
Section III is amended as follows:
|
(7) |
In Section IV, in paragraph 4.06 the first sentence is replaced by the following: ‘A description of what total hours worked include and exclude can be found in ESA 2010 (11.27 and 11.28).’. |
(8) |
Section V is amended as follows:
|
(9) |
Section VI is amended as follows:
|
(*1) European System of National and Regional Accounts — ESA 2010, Luxembourg 2013.’.
(*2) It should be pointed out that, although the ESA gives preeminence to local KAUs, the unit best suited to analyses of the production process is the unit of homogeneous production (UHP). This unit is used to analyse inputs and outputs, since it corresponds exactly to a type of activity. Institutional units are thus divided into as many UHPs as there are activities (other than ancillary). By grouping these UHPs it is possible to break down the economy into “pure” (homogeneous) branches. A UHP cannot, as a rule, be directly observed. Therefore, the accounts of homogeneous branches cannot be compiled on the basis of groups of UHPs. The ESA describes a method for compiling these accounts. It involves attributing secondary production and the corresponding costs of activity branches to the appropriate homogeneous branches (ESA 2010, 2.153-2.156, 9.52 to 9.63).’;
(*3) These are small units producing for own consumption, not for selling, carrying out agricultural activities without depending economically on these activities.’;
(*4) The 2008 SNA (10.94), unlike the ESA 2010 (3.140), considers that consumption of fixed capital should be calculated for livestock.’;
(*5) They correspond in particular to wages and salaries which employers continue to pay on a provisional basis to their employees in the event of illness, maternity, accidents at the workplace, invalidity or redundancy, in so far as the amounts concerned can be separately identified.’;
(*6) However, when a grant serves the dual purpose of financing both the amortisation of the debt and the payment of interest on it, and when it is not possible to apportion it between the two elements, the whole of the grant is treated as an investment grant.’;
(*7) Interest receivable corresponds to “Other accounts receivable” (F.8) in the financial account.’;
(*9) This does not preclude the possibility that there may be circumstances in which compilers may judge it preferable to eliminate the discrepancies in order to improve the overall consistency of the data.’;’
(*8) Only interest received by agricultural units organised as companies.’;
ANNEX II
Annex II to Regulation (EC) No 138/2004 is amended as follows:
(1) |
Item 32.2 is replaced by the following:
|
(2) |
Item 33.3 is replaced by the following:
|
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/33 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/281
of 12 February 2019
entering a name in the register of protected designations of origin and protected geographical indications (‘The Vale of Clwyd Denbigh Plum’ (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom's application to register the name ‘The Vale of Clwyd Denbigh Plum’ was published in the Official Journal of the European Union (2). |
(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘The Vale of Clwyd Denbigh Plum’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘The Vale of Clwyd Denbigh Plum’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
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, 12 February 2019.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 303, 29.8.2018, p. 12.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/34 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/282
of 15 February 2019
amending Implementing Regulation (EU) 2016/2080 as regards the periods for the submission of tenders
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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 28 thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure. It provided initially for two partial invitations to tender per month, except for August and December. |
(2) |
Commission Implementing Regulation (EU) 2017/472 (4) amended Implementing Regulation (EU) 2016/2080 by reducing the number of periods during which tenders may be submitted to one per month and eliminating the provision for such a period in the month of August. |
(3) |
Commission Implementing Regulation (EU) 2018/995 (5) amended Regulation (EU) 2016/2080 by increasing the number of periods during which tenders may be submitted to two per month and introducing the provision for such a period in the month of August. |
(4) |
This increased frequency allowed for the sale of significant quantities of skimmed milk powder from public intervention stocks, reducing available quantities to slightly above 22 000 tonnes. |
(5) |
Given the volume of the available quantity and in order to reduce administrative burden, it is appropriate to reduce again the number of periods during which tenders may be submitted to one per month. |
(6) |
Implementing Regulation (EU) 2016/2080 should therefore be amended accordingly. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
Article 2(2) of Implementing Regulation (EU) 2016/2080 is replaced by the following:
‘2. The periods during which tenders may be submitted in response to subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 11.00 (Brussels time) on the third Tuesday of the month. However, in August the period shall end at 11.00 (Brussels time) on the fourth Tuesday and in December the period shall end at 11.00 (Brussels time) on the second Tuesday. If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.’
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 February 2019.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 206, 30.7.2016, p. 71.
(3) Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
(4) Commission Implementing Regulation (EU) 2017/472 of 15 March 2017 amending Implementing Regulation (EU) 2016/2080 as regards the periods for the submission of tenders (OJ L 73, 18.3.2017, p. 5).
(5) Commission Implementing Regulation (EU) 2018/995 of 12 July 2018 amending Implementing Regulation (EU) 2016/2080 as regards the periods for the submission of tenders (OJ L 178, 16.7.2018, p. 4).
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/36 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/283
of 18 February 2019
amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,
Whereas:
(1) |
Council Decision 2011/101/CFSP (2) identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision. |
(2) |
Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required. In particular, Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation. |
(3) |
On 18 February 2019, the Council decided to amend the entry for one person and to remove the name of two persons in Annex I to Decision 2011/101/CFSP to whom the restrictions should apply. |
(4) |
Annex III to Regulation (EC) No 314/2004 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 314/2004 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 18 February 2019.
For the Commission,
On behalf of the President,
Head of the Service for Foreign Policy Instruments
(2) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
ANNEX
‘ANNEX III
List of persons and entities referred to in Article 6
I. Persons
Name (and any aliases) |
Identifying information |
Grounds for designation |
||
|
Born 21.2.1924 Passport AD001095 |
Former President and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law. |
||
|
Born 23.7.1965 Passport AD001159 ID 63-646650Q70 |
Former Secretary of the ZANU-PF (Zimbabwe African National Union — Patriotic Front) Women's league, involved in activities that seriously undermine democracy, respect for human rights and the rule of law. Took over the Iron Mask Estate in 2002; alleged to illicitly derive large profits from diamond mining. |
||
|
Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956 Passport AD000263 ID 63-327568M80 |
Member of Joint Operational Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During 2008 elections was a prime architect of the violence associated with the process of the Presidential run-off. |
||
|
Air Marshal (Air Force), born 1.11.1955. ID 29-098876M18 |
Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence, including during the 2008 election in Mashonaland West in Chiadzwa. |
||
|
Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956 or 24.12.1954 ID 63-357671H26 |
Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy. |
II. Entities
Name |
Identifying information |
Grounds for designation |
Zimbabwe Defence Industries |
10th floor, Trustee House, 55 Samora Machel Avenue, PO Box 6597, Harare, Zimbabwe |
Associated with the Ministry of Defence and the ZANU-PF faction of Government. |
DECISIONS
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/38 |
COUNCIL DECISION (CFSP) 2019/284
of 18 February 2019
amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1). |
(2) |
The Council has carried out a review of Decision 2011/101/CFSP, taking into account the political situation in Zimbabwe. |
(3) |
The restrictive measures should therefore be extended until 20 February 2020. The Council should keep them under constant review in the light of political and security developments in Zimbabwe. |
(4) |
The restrictive measures should be renewed for five persons and one entity, and withdrawn for two persons, in Annex I to Decision 2011/101/CFSP. The suspension of the restrictive measures should be renewed for three persons listed in Annex II to Decision 2011/101/CFSP. |
(5) |
Decision 2011/101/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2011/101/CFSP is amended as follows:
(1) |
Article 10 is replaced by the following: ‘Article 10 1. This Decision shall enter into force on the date of its adoption. 2. This Decision shall apply until 20 February 2020. 3. The measures referred to in Article 4(1) and Article 5(1) and (2), in so far as they apply to persons listed in Annex II, shall be suspended until 20 February 2020. 4. This Decision shall be kept under constant review and shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’; |
(2) |
Annex I is amended as set out in Annex I to this Decision; |
(3) |
Annex II is amended as set out in Annex II to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 18 February 2019.
For the Council
The President
F. MOGHERINI
(1) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
ANNEX I
(1) |
The entry for the following person set out in Annex I to Decision 2011/101/CFSP is replaced by the entry below.
|
(2) |
In Annex I to Decision 2011/101/CFSP, the following entries are deleted:
|
ANNEX II
In Annex II to Decision 2011/101/CFSP, the following entries are deleted:
‘1. |
Bonyongwe, Happyton Mabhuya |
2. |
Chihuri, Augustine’ |
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/42 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2019/285
of 18 February 2019
implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 5 thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 1 August 2011 the Council adopted Decision 2011/486/CFSP. |
(2) |
On 30 January 2019 the United Nations Security Council (‘UNSC’) Committee established pursuant to paragraph 30 of UNSC Resolution 1988 (2011) updated the information relating to two persons subject to restrictive measures. |
(3) |
The Annex to Decision 2011/486/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2011/486/CFSP is amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 18 February 2019.
For the Council
The President
F. MOGHERINI
ANNEX
The entries concerning the persons listed below are replaced by the following entries:
‘(42) Jalaluddin Haqqani (alias: (a) Jalaluddin Haqani, (b) Jallalouddin Haqqani, (c) Jallalouddine Haqani).
Title: Maulavi. Grounds for listing: Minister of Frontier Affairs under the Taliban regime. Date of birth: (a) Approximately 1942, (b) Approximately 1948. Place of birth: (a) Garda Saray area, Waza Zadran District, Paktia Province, Afghanistan, (b) Neka District, Paktika Province, Afghanistan. Nationality: Afghanistan. Date of UN designation: 31.1.2001.
Other information: Father of Sirajuddin Jallaloudine Haqqani, Nasiruddin Haqqani and Badruddin Haqqani (deceased). Brother of Mohammad Ibrahim Omari and Khalil Ahmed Haqqani. He is an active Taliban leader. Believed to be in Afghanistan/Pakistan border area. Head of the Taliban Miram Shah Shura as at 2008. Belongs to Zadran tribe. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 27 Jul. 2010. Reportedly deceased as of September 2018. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1427400
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Jalaluddin Haqqani has close relations with Mohammed Omar and had close relations with Usama bin Laden (deceased). He is the father of Sirajuddin Jallaloudine Haqqani, Nasiruddin Haqqani and Badruddin Haqqani (deceased), and the brother of Mohammad Ibrahim Omari and Khalil Ahmed Haqqani. He is an active Taliban leader. Jalaluddin Haqqani was also the liaison between Al-Qaida and the Taliban in 2007. He was Chairman of the Taliban ‘Miram Shah Council’ as at June 2008.
He was originally a commander for the Mwalawi Hezbi Islami Party in Khost, Paktika and Paktia provinces. Later he joined the Taliban and was appointed as Minister of Frontier Affairs. Following the collapse of the Taliban regime, along with Taliban and Al-Qaida elements, he escaped to northern Waziristan and started to regroup his militias for the fight against the Government of Afghanistan.
Haqqani has been accused of involvement in the bombing of the Indian Embassy in Kabul in 2008 and the attempt to assassinate President Karzai during a military parade in Kabul earlier the same year. Haqqani was also implicated in an attack on ministry buildings in Kabul in February 2009.
Jalaluddin Haqqani is the founder of the Haqqani Network.’
‘(135) Torek Agha (alias: (a) Sayed Mohammed Hashan, (b) Torak Agha, (c) Toriq Agha, (d) Toriq Agha Sayed).
Title: Haji. Address: Pashtunabad, Quetta, Baluchistan Province, Pakistan. Date of birth: (a) 1960, (b) 1962, (c) Approximately 1965. Place of birth: (a) Kandahar Province, Afghanistan, (b) Pishin, Baluchistan Province, Pakistan. National identification No: Pakistani 5430312277059 (fraudulently obtained and since cancelled by the Government of Pakistan). Date of UN designation: 2.11.2015.
Other information: Key commander for Taliban military council involved in fundraising from Gulf-based donors. Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Reportedly deceased as of November 2018. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/ notice/search/un/5905294
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
A senior Taliban leader as of late 2014, Torek Agha (Torek) has served on the Taliban's ‘Quetta shura’, a regional body that directs Taliban activities in southern and western Afghanistan, and played a role in raising funds from Gulf-based donors.
As of late 2014, Torek was a member of a group responsible for the Taliban leadership's strategic planning and logistics operations and also operated as a key commander and member of the Taliban's military council, and authorized and facilitated Taliban military operations. The Taliban military council is one of three command level councils and is responsible for overseeing Taliban operations and approving appointments of Taliban military leadership.
Over the years, Torek was involved in authorizing the assassination of numerous Afghan Government officials and tribal elders. Additionally, as early as 2012, he was one of four senior Taliban commanders who authorized the use of an unidentified chemical powder to assassinate senior Afghan Government officials.
After being instructed in mid-2011 by a Taliban senior leader to travel to Saudi Arabia during Ramadan to arrange external funding, in 2012 Torek and several other Taliban ‘Quetta shura’ members selected mullahs to travel to Saudi Arabia and other Arab countries to collect financial donations on the Taliban's behalf from both Afghan businessmen and smugglers. As of early 2012, Torek received a donation from an unidentified Arab donor with instructions to pass the money to the Taliban's provincial shadow governor of Uruzgan Province, Afghanistan, for assassination operations.
Torek collected approximately USD 4 million from Gulf-based donors for the Taliban in 2010, the majority of which he provided to fellow senior leader and Taliban finance collector Gul Agha Ishakzai (Gul Agha). The amounts and sources of Torek's multiple 2010 Taliban fundraising transfers to Gul Agha were as follows: USD 1 million from associates in Saudi Arabia; USD 2 million from donors in Qatar, the United Arab Emirates (UAE), and Saudi Arabia; and USD 600 000 from various Arab donors obtained on a fundraising trip to Qatar.
As of late 2009, Torek held USD 2 million from unidentified Qatar and Saudi Arabia donors intended for the Taliban's ‘Quetta shura’ treasurer. The substantial donations Torek collected for the Taliban ‘Quetta shura’ during Ramadan were held in unidentified Pakistani banks and were under the control of the Taliban's head treasurer.
In mid-2006, Torek assigned Taliban fighters to various operational Taliban commanders. He was one of the main links between the Taliban leadership and groups of Arab fighters arriving in Pakistan and Afghanistan to fight the International Security Assistance Force (ISAF).’
19.2.2019 |
EN |
Official Journal of the European Union |
L 47/45 |
COMMISSION DECISION (EU) 2019/286
of 12 February 2019
on the proposed citizens' initiative entitled ‘Let's demand smarter vaping regulation!’
(notified under document C(2019) 926)
(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 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative (1), and in particular Article 4 thereof,
Whereas:
(1) |
The subject-matter of the proposed citizens' initiative entitled ‘Let's demand smarter vaping regulation!’ refers to the following: ‘We call on the EU Commission to repeal Article 20 of Directive 2014/40/EU of the European Parliament and of the Council (2) and create bespoke legislation which clearly sets vaping products apart from tobacco & pharmaceutical products.’ |
(2) |
The objectives of the proposed citizens' initiative refer to the following: ‘Remove Article 20 of Directive 2014/40/EU and replace with bespoke scientific, evidence-based legislation in line with the functioning of the internal market that distinguishes vaping products from tobacco & pharmaceutical products; Ensure new legislation based on mandatory compliance with robust product quality, safety & manufacturing standards, together with responsible marketing practices that ensure youth protection; Vaping policy should foster innovation and ensure smokers and vapers have clear information and access to tobacco-free less harmful alternatives.’ |
(3) |
The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative. |
(4) |
To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible. |
(5) |
Legal acts of the Union for the purpose of implementing the Treaties can be adopted:
|
(6) |
For these reasons, the proposed citizens' initiative does not manifestly fall outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation. |
(7) |
Furthermore, the citizens' committee has been formed and the contact persons have been designated in accordance with Article 3(2) of the Regulation and the proposed citizens' initiative is neither manifestly abusive, frivolous or vexatious nor manifestly contrary to the values of the Union as set out in Article 2 TEU. |
(8) |
The proposed citizens' initiative entitled ‘Let's demand smarter vaping regulation!’ should therefore be registered, |
HAS ADOPTED THIS DECISION:
Article 1
The proposed citizens' initiative entitled ‘Let's demand smarter vaping regulation!’ is hereby registered.
Article 2
This Decision shall enter into force on 20 February 2019.
Article 3
This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled ‘Let's demand smarter vaping regulation!’, represented by Mr Dustin DAHLMANN and Mr Mose GIACOMELLO acting as contact persons.
Done at Strasbourg, 12 February 2019.
For the Commission
Frans TIMMERMANS
Vice-President
(2) Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1).