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ISSN 1977-0677 |
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Official Journal of the European Union |
L 334 |
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English edition |
Legislation |
Volume 64 |
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(1) Text with EEA relevance. |
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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
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22.9.2021 |
EN |
Official Journal of the European Union |
L 334/1 |
COMMISSION DELEGATED REGULATION (EU) 2021/1691
of 12 July 2021
amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the requirements for record-keeping for operators in organic production
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (1), and in particular Article 34(8) thereof,
Whereas:
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(1) |
Annex II to Regulation (EU) 2018/848 sets out some requirements to keep records concerning certain specific production rules. Records can be relevant for traceability purposes, internal quality control and for the assessment of compliance with the detailed organic production rules set out in that Annex. |
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(2) |
Notwithstanding the provisions on keeping records set out in Article 9(10), point (c), Article 34(5) and Article 39(1) point (a) of Regulation (EU) 2018/848, it is necessary to detail further the minimum record-keeping requirements in each production area covered by the various parts of Annex II to that Regulation. |
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(3) |
It is also necessary to introduce certain specific elements to ensure consistency and a harmonised basis for record-keeping, which is considered crucial to allow operators to provide evidence of the effective application of the organic production rules. |
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(4) |
The amendments made by this Regulation are without prejudice to the record-keeping requirements set out in other Union acts such as those concerning food and food safety, feed and feed safety, animal health and welfare, plant health, plant protection and plant reproductive material. Hence, for the purposes of Regulation (EU) 2018/848, only the complementary elements which allow verification of compliance with the organic production rules will have to be recorded by those operators already fulfilling the record-keeping requirements under other Union acts, without the need to duplicate them. Nevertheless, certain record-keeping requirements are repeated in Annex II to Regulation (EU) 2018/848 as amended by this Regulation, because they are relevant for operators in third countries. |
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(5) |
As regards plant production rules, for the purpose of recording data on the use of fertilisers and soil conditioners, it is necessary to include certain application parameters given that the use of fertilisers in organic production is subject to both quantitative and qualitative restrictions, which have to be taken into account when agronomical measures are not sufficient to fulfil the nutritional needs of plants. |
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(6) |
The use of plant protection products and of cleaning and disinfection products, such as biocides and detergents, is subject to restrictions in organic production and is limited to cases where preventive measures did not impede the occurrence and spread of pests and diseases and in all cases to products and substances approved pursuant to Article 24 of Regulation (EU) 2018/848. Without prejudice to the requirements on record-keeping set out in Regulations (EC) No 1107/2009 (2) and (EC) No 852/2004 (3)of the European Parliament and of the Council, it is necessary to require that operators record the detailed application conditions when having to resort to the use of a plant protection product, a biocide or a detergent in order to demonstrate, where relevant, compliance with the applicable restrictions, the respect of the recommended frequency and the pre-harvest period. |
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(7) |
As land parcels can have different characteristics and host different crops, agronomic conditions can vary. This implies that, when external inputs are applied, their use differs from parcel to parcel. Therefore, external inputs should be recorded in relation to the parcel where the input is used to allow operators to monitor the efficacy and provide appropriate records for traceability purposes and, where relevant, documentary evidence related to any derogation from plant production rules obtained in accordance with point 1.8.5 of Part I of Annex II to Regulation (EU) 2018/848. |
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(8) |
When collecting wild plants and their products, it is necessary to require operators to keep records of the species concerned and quantities and periods of collection in a specific natural habitat to allow traceability and verification of compliance with natural habitat conditions. |
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(9) |
As regards livestock production rules, in view of possible derogations from those rules granted under points 1.3.4.3, 1.3.4.4, 1.7.5, 1.7.8, 1.9.3.1(c) and 1.9.4.2(c) of Part II of Annex II to Regulation (EU) 2018/848, operators should keep available documentary evidence related to such derogations to allow for traceability and control of compliance with the applicable conditions. |
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(10) |
Without prejudice to the requirements of Regulation (EC) No 852/2004 and Regulation (EU) 2016/429 of the European Parliament and of the Council (4), operators should keep detailed records on the origin of animals introduced in the holding and their relevant former veterinary records in order to be able to ensure traceability and to demonstrate compliance with the specific conditions set out in Parts II and III of Annex II to Regulation (EU) 2018/848. |
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(11) |
In addition, in order to document compliance with the species-specific nutritional needs and the relevant nutrition rules set out for the different groups of animals in Part II of Annex II to Regulation (EU) 2018/848, operators should keep detailed records of the feeding regime and the grazing periods. |
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(12) |
Without prejudice to the record-keeping and identification requirements set out in Regulations (EC) No 852/2004 and (EU) 2016/429, Regulation (EC) No 1760/2000 of the European Parliament and of the Council (5) and Directive 2001/82/EC of the European Parliament and of the Council (6), in view of the specific limitations set under organic production rules, it is appropriate to lay down some specific requirements for record- keeping of the veterinary treatments and of cleaning and disinfection of the buildings, installations and animals in order to enable operators to demonstrate to the competent authority or control body that the relevant requirements are being fulfilled while allowing to verify efficacy and the respect of specific withdrawal periods. |
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(13) |
Without prejudice to the traceability requirements set out in Regulation (EC) No 178/2002 of the European Parliament and of the Council (7), in order to allow traceability and verification of compliance with organic production rules, including those on the conversion periods for the various species, it is necessary that operators keep detailed records on any animal coming to or leaving the holding. |
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(14) |
Among the housing and husbandry requirements for poultry, there are specific requirements that apply to certain rearing systems as regards the respect of a period of emptiness. The relevant documentary evidence should be kept to allow proper monitoring. |
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(15) |
Given the relevance of the position of apiaries in areas that should ensure availability of nectar and pollen from organically produced crops or from natural uncontaminated areas or from crops under low environmental impact methods to avoid any contamination of apiaries, it is necessary that operators keep a map of the areas used as well as records of any external input used and operations performed on the beehives. |
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(16) |
As regards production rules for aquaculture animals, in view of possible derogations from those rules granted under points 3.1.2.1(d) and (e) of Part III of Annex II to Regulation (EU) 2018/848, operators should keep documentary evidence related to such derogations to allow for traceability and control of compliance with the applicable conditions. |
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(17) |
In particular, the use of external inputs is subject to restrictions under Regulation (EU) 2018/848 and is to be recorded as in the case of fertilisers or nutrients used in organic algae production, which can only be used when authorised pursuant to Article 24 of that Regulation and which are limited to indoor facilities and to be applied under certain conditions. Therefore, operators should record such uses to demonstrate compliance with the applicable conditions. |
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(18) |
It is also necessary to set record-keeping requirements in respect of the specific provisions for juveniles for breeding and on-growing purposes, in particular as regards the precise time of their occurrence during the cycle of production of animals and an initial period of conversion. |
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(19) |
The feeding regimes of aquaculture animals are intended to address the specific nutritional needs of each species at the various stages of development. Therefore, considering the detailed provisions on authorised feed materials, including when from non-organic origin, records of the feeding regime should be kept for each species concerned, with data for the various stages of development. |
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(20) |
The health care of aquaculture animals is based on prevention and monitoring the wellbeing of the animals. Therefore, it is necessary to keep records of the various actions put in place to limit as much as possible the recourse to veterinary treatments, which are subject to strict limitations in terms of frequency and number depending on the duration of the life cycle of the species concerned. The corresponding record-keeping requirements need to be laid down. |
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(21) |
Proper husbandry practices determine the wellbeing of animals. In the context of aquaculture, the quality of water and the limits for stocking densities and relevant chemical-physical parameters are fundamental for animal welfare. Therefore, it is necessary to have records of such data as well as of the type and time of interventions carried out to monitor the maintaining of the best conditions for aquaculture animals and the measures taken to respect organic production rules in the different stages of development of those animals. In organic aquaculture, the use of aeration is allowed, but oxygen use is limited to specific cases. Therefore, records should be kept on these types of intervention. |
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(22) |
Without prejudice to the record-keeping requirements under Regulation (EC) No 852/2004, operators producing organic processed food and/or organic processed feed should keep detailed records to demonstrate compliance with organic production rules, in particular concerning precautionary measures put in place to ensure the integrity of organic products, the specific conditions for the use of external inputs and of cleaning and disinfection products. Moreover, to allow the proper verification of input and output balance, operators should keep available data on the input used and in case of composite products, the complete recipes/formulae as well as, where applicable, documentary evidence on authorisations for the use of non-organic agricultural ingredients in accordance with Article 25 of Regulation (EU) 2018/848. |
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(23) |
Without prejudice to the record-keeping requirements under Regulation (EC) No 852/2004, operators producing organic wine should keep detailed records to demonstrate compliance with the organic production rules, in particular with respect to any external product and substance used in the wine production and for cleaning and disinfection. |
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(24) |
Without prejudice to the record-keeping requirements under Regulation (EC) No 852/2004, operators producing organic yeast should keep detailed records to demonstrate compliance with the organic production rules, in particular with respect to the products and substances used in the yeast production and for cleaning and disinfection. |
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(25) |
Annex II to Regulation (EU) 2018/848 should therefore be amended accordingly. |
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(26) |
In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) 2018/848 is amended in accordance with the Annex 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.
It shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 150, 14.6.2018, p. 1.
(2) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(3) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
(4) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) (OJ L 84, 31.3.2016, p. 1).
(5) Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).
(6) Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (OJ L 311, 28.11.2001, p. 1).
(7) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
ANNEX
Annex II to Regulation (EU) 2018/848 is amended as follows:
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1. |
Part I is amended as follows:
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2. |
Part II is amended as follows:
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3. |
Part III is amended as follows:
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4. |
Part IV is amended as follows:
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5. |
Part V is amended as follows:
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6. |
in Part VI, the following point 2.3 is inserted:
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7. |
in Part VII, the following point 1.5 is inserted:
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22.9.2021 |
EN |
Official Journal of the European Union |
L 334/9 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1692
of 21 September 2021
amending Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 as regards the entries for Botswana in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat and meat products from poultry and game birds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 230(1) thereof,
Whereas:
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(1) |
Regulation (EU) 2016/429 lays down, inter alia, the animal health requirements for the entry into the Union of consignments of animals, germinal products and products of animal origin, and it applies from 21 April 2021. One of those animal health requirements is that those consignments must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation. |
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(2) |
Commission Delegated Regulation (EU) 2020/692 (2) supplements Regulation (EU) 2016/429 as regards the animal health requirements for the entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories or zones thereof, or compartments thereof in the case of aquaculture animals. Delegated Regulation (EU) 2020/692 provides that consignments of animals, germinal products and products of animal origin falling within its scope may only be permitted to enter into the Union if they come from a third country or territory or zone or compartment thereof, listed for the particular species and categories of animals, germinal products and products of animal origin in accordance with the animal health requirements laid down in that Delegated Regulation. |
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(3) |
Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, territories, or zones or compartments thereof, from which the entry into the Union of those species and categories of animals, germinal products and products of animal origin, that fall within the scope of Delegated Regulation (EU) 2020/692, is permitted. |
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(4) |
More particularly, Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, territories, or zones thereof authorised for the entry into the Union respectively of consignments of poultry, germinal products of poultry, and fresh meat and meat products from poultry and game birds. |
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(5) |
On 6 September 2021, Botswana notified an outbreak of highly pathogenic avian influenza (HPAI) to the World Organisation for Animal Health (OIE). That outbreak is located in Kgatleng district of that third country, and was confirmed on 27 August 2021 by laboratory analysis (RT-PCR). |
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(6) |
The lists of third countries, territories, or zones thereof set out in Parts 1 of Annexes V and XIV and in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 specify that the entry into the Union from Botswana of consignments of poultry, germinal products of poultry, and fresh meat and meat products of poultry and game birds are authorised. In addition, Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 does not currently require any risk-mitigating treatments for the entry into the Union of consignments of meat products of ratites from that third country. |
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(7) |
Due to the risk of the introduction of HPAI into the Union linked with the entry of consignments of poultry, germinal products of poultry, and fresh meat and meat products of poultry and game birds from Botswana, and in the absence of guarantees allowing for regionalisation of that third country, the entry into the Union of such consignments should no longer be authorised. In addition, the risk mitigating treatment D, in accordance with Annex XXVI to Delegated Regulation (EU) 2020/692, should be required for the entry into the Union of consignments of meat products of ratites from that third country. |
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(8) |
The entries for Botswana in the lists of third countries, territories, or zones thereof set out in the tables in Parts 1 of Annexes V and XIV and in the table in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the current epidemiological situation in that third country. |
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(9) |
Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly. |
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(10) |
Taking into account the current epidemiological situation in Botswana as regards HPAI, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency. |
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(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 are amended in accordance with 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, 21 September 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(3) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (OJ L 114, 31.3.2021, p. 1).
ANNEX
Annexes V, XIV and XV to the Implementing Regulation (EU) 2021/404 are amended as follows:
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(1) |
In Annex V, in Part 1, the entry for Botswana is replaced by the following:
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(2) |
In Annex XIV, in Part 1, the entry for Botswana is replaced by the following:
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(3) |
In Annex XV, in Part 1, in Section A, the entry for Botswana is replaced by the following:
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DECISIONS
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22.9.2021 |
EN |
Official Journal of the European Union |
L 334/12 |
COUNCIL DECISION (CFSP) 2021/1693
of 21 September 2021
amending Decision (CFSP) 2018/2010 in support of countering illicit proliferation and trafficking of small arms, light weapons (SALW) and ammunition and their impact in Latin America and the Caribbean in the framework of the EU Strategy against Illicit Firearms, Small Arms & Light Weapons and their Ammunition ‘Securing Arms, Protecting Citizens’
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty of the European Union, and in particular Articles 28(1) and 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 17 December 2018, the Council adopted Decision (CFSP) 2018/2010 (1). |
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(2) |
Decision (CFSP) 2018/2010 provides for a 36-month implementation period for the activities referred to in Article 1 of that Decision from the date of the conclusion of the financing agreement referred to in Article 3(3) of that Decision. |
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(3) |
The Organization of American States (OAS) requested an extension of the implementation period of Decision (CFSP) 2018/2010 by 5 months, until 31 May 2022, to take into account the delay in the implementation of project activities under Decision (CFSP) 2018/2010 due to the impact of the COVID-19 pandemic. |
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(4) |
The continuation of the activities referred to in Article 1 of Decision (CFSP) 2018/2010 until 31 May 2022 can be performed without any consequences as regards financial resources. |
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(5) |
Decision (CFSP) 2018/2010 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Article 5, paragraph 2 of Decision (CFSP) 2018/2010 is replaced by the following:
‘2. This Decision shall expire on 31 May 2022.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 21 September 2021.
For the Council
The President
G. DOVŽAN
(1) Council Decision (CFSP) 2018/2010 of 17 December 2018 in support of countering illicit proliferation and trafficking of small arms, light weapons (SALW) and ammunition and their impact in Latin America and the Caribbean in the framework of the EU Strategy against Illicit Firearms, Small Arms & Light Weapons and their Ammunition ‘Securing Arms, Protecting Citizens’ (OJ L 322, 18.12.2018, p. 27).
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22.9.2021 |
EN |
Official Journal of the European Union |
L 334/14 |
COUNCIL DECISION (CFSP) 2021/1694
of 21 September 2021
in support of the universalisation, implementation and strengthening of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
The 2016 Global Strategy for the European Union’s Foreign and Security Policy (the ‘EU Global Strategy’) emphasises that the Union will step up its contribution to collective security. |
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(2) |
The EU Global Strategy notes that the Union strongly supports the universalisation, full implementation and enforcement of multilateral disarmament, non-proliferation and arms control treaties and regimes. |
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(3) |
One such instrument, namely the United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (the ‘CCW’), regulates the use in armed conflict of certain conventional arms considered to cause excessive suffering to combatants or indiscriminate harm to civilian populations. |
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(4) |
The Union wishes to contribute to the universalisation, implementation and strengthening of the CCW so that it remains a strong and effective part of the multilateral disarmament, non-proliferation and arms control system. |
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(5) |
The Sixth Review Conference of the CCW, scheduled for December 2021, is to determine the CCW’s priorities for the next few years, as well as the strategies and the mechanisms to translate such priorities into action. |
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(6) |
The Union wishes to contribute to the efficient implementation of the recommendations and decisions of the Sixth Review Conference of the CCW, |
HAS ADOPTED THIS DECISION:
Article 1
The Union shall support the following projects:
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(1) |
Preparation for and follow-up to the Sixth CCW Review Conference; |
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(2) |
Support for the universalisation of the CCW; |
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(3) |
Facilitation of discussions on under-explored, emerging and cross-cutting issues of relevance to the CCW. |
A detailed description of those projects is set out in the Annex to this Decision.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) shall be responsible for implementing this Decision.
2. The technical implementation of the projects referred to in Article 1 shall be carried out by the United Nations Office for Disarmament Affairs (UNODA).
UNODA shall perform its task under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with UNODA.
Article 3
1. The financial reference amount for the implementation of the projects referred to in Article 1 shall be EUR 1 603 517,64.
2. The expenditure financed by the financial reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 2. For that purpose, it shall conclude the necessary agreement with UNODA. That agreement shall stipulate that UNODA is to ensure the visibility of the Union contribution in a manner appropriate to the size of that contribution.
4. The Commission shall endeavour to conclude the agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in doing so and of the date of conclusion of that agreement.
Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular quarterly reports prepared by UNODA. Those reports shall form the basis of an evaluation to be carried out by the Council.
2. The Commission shall report to the Council on the financial aspects of the projects referred to in Article 1.
Article 5
This Decision shall enter into force on the day of its adoption.
It shall expire 24 months after the date of conclusion of the agreement referred to in Article 3(3). However, it shall expire six months after the date of its entry into force if no such agreement has been concluded within that period.
Done at Brussels, 21 September 2021.
For the Council
The President
G. DOVŽAN
ANNEX
PROJECT DOCUMENT
Project in support of the universalization, implementation and strengthening of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW) – HR(2021) 124
RATIONALE AND BACKGROUND
More commonly known as the “Convention on Certain Conventional Weapons,” the 1980 Convention on Prohibitions or Restrictions of the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW) entered into force on 2 December 1983. The Secretary-General of the United Nations is the Depositary of the Convention and its annexed Protocols.
The CCW is a key instrument of international humanitarian law, composed of an umbrella convention that sets out the general scope and rules of operation and five annexed protocols, each of which prohibits or regulates a specific type of weapons. Each protocol is also a stand-alone legal instrument with its own membership and, in certain cases, implementation machinery.
The Convention has proven to be a flexible mechanism that can address a wide range of emerging challenges in the means and methods of warfare, thus contributing to the codification and progressive development of International Humanitarian Law (IHL). In particular, this flexibility has allowed the Convention to add new protocols – Protocol IV on blinding laser weapons in 1996 and Protocol V on explosive remnants of war in 2003 – to the original three that were adopted in 1980. Furthermore, in 2001, the scope of the Convention and its protocols was broadened to apply to non-international armed conflicts. In addition, various issues not covered by the protocols have been discussed in the format of a Group of Governmental Experts, the most recent of which are emerging technologies in the area of lethal autonomous weapons systems (LAWS).
1. PROJECTS
1.1. Project 1: Preparation for and follow-up to the Sixth Review Conference
1.1.1. Project purpose
The Sixth CCW Review Conference, scheduled to take place in December 2021, provides the High Contracting Parties with the opportunity to conduct a comprehensive review of the operation and status of the Convention and its protocols, as well as to assess progress made in the implementation of recent decisions. The High Contracting Parties are also expected to determine the Convention’s priorities for the next few years, as well as the strategies and the mechanisms to translate such priorities into action. Many consider 2021 a critical moment to determine the way ahead for the CCW.
The limited number of days allocated to the Preparatory Committee meeting and the Conference itself, the wide range of issues relevant to the Convention and that could be addressed by the Conference, combined with the fact that the COVID-19 pandemic impacted the possibility of pursuing the usual consultative process in preparation for such an important milestone as a Review Conference, all underline the need for support to the substantive preparatory work for the Conference that complements the formal process. Furthermore, the variety of sectors (military, humanitarian, diplomatic, scientific) involved in ensuring compliance with the CCW implementation also render multi-stakeholder dialogues that incorporate expertise at the national and regional level prior to the Conference, not only desirable but necessary to a meaningful Review Conference.
In order to maintain momentum for a substantive preparation for the Sixth Review Conference, this pillar aims, in close coordination with CCW officeholders in Geneva, at taking stock of the work undertaken in recent years, including an assessment of progress achieved and outstanding issues. Activities in this direction would be of support to the High Contracting Parties to: i) gain up-to-date knowledge of developments of relevance to the Convention and each of its protocols, ii) identify gaps and challenges in CCW implementation and ways to address them, iii) define in a timely manner possible topics that could be considered at the Review Conference and iv) develop related national and regional positions, as well as possible proposals for consideration at the Conference. The objective is to maximize the opportunity for more informed and in-depth discussions and, consequently, substantive outcomes at the Sixth Review Conference.
In addition, the Review Conference is also an occasion to assess and further develop existing tools, information sources and mechanisms for the implementation of the CCW, such as the national annual reports on the overall Convention, Amended Protocol II and Protocol V. Recognizing the value of the reports in providing information on country-level policy and action, as well as international co-operation and assistance, the Fifth Review Conference of 2016 tasked the Chairpersons of the annual Meetings of the High Contracting Parties to encourage higher rates of reporting. The rates, however, usually remain below 60 per cent, while a systematic and qualitative analysis of the reports remains outstanding. Another example is the strategy to promote international technical assistance and strengthen national capacities to counter the threats of Improvised Explosive Devices (IED). This comprises the 2015 voluntary Questionnaire, a revised version of which is to be presented in 2021, and the 2016 Declaration on IEDs, with focus on prevention, information exchange, threat mitigation and risk education.
In the aftermath of the Review Conference, discussions to elaborate on strategies and follow-up actions to implement the decisions taken at the Conference will be held in close coordination with the CCW officeholders. Such discussions will seek to support the High Contracting Parties in identifying practical ways to monitor national and regional implementation efforts for the five-year period until the Seventh Review Conference.
1.1.2. Expected results of the project
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a) |
Multi-stakeholder dialogues to share a wide range of views with regard to compliance with the CCW. |
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b) |
Shared understanding by the High Contracting Parties of the priority areas for the preparation of the Review Conference. |
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c) |
Increased awareness and contributions by national experts of the CCW. |
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d) |
Deeper understanding by CCW delegates of the implementation challenges at the national and regional level and ways to address such difficulties. |
|
e) |
Opportunities for High Contracting Parties to develop and clarify proposals to be introduced at the Sixth Review Conference. |
|
f) |
Support to officeholders in the substantive preparation of the Sixth Review Conference and in the implementation of the decisions of the Conference. |
1.1.3. Project description
Up to four thematic meetings will be held prior to, and following, the Sixth Review Conference on:
|
i) |
issues discussed since the last Review Conference in 2016 that require further analysis; |
|
ii) |
recent developments of relevance to key articles and the five protocols of the CCW; |
|
iii) |
options to assist office holders in the implementation of decisions reached during the Sixth Review Conference. |
Prior consultations with CCW office holders and the High Contracting Parties will be held to determine the focus of each meeting. The meetings will aim to facilitate dialogue among High Contracting Parties. The meetings will include expert presentations and provide an opportunity for representatives of diverse sectors, including Government, civil society and academia to exchange views. In particular, meetings on the second set of topics will help High Contracting Parties prepare for the review of each article and protocol of the Convention to be held at the Review Conference. More concretely, High Contracting Parties will be provided with the elements to determine whether any article of the Convention or its protocols would benefit from a closer review, follow-up action or amendment, in light of current trends and challenges. A summary of the discussions will be drafted after each meeting.
If time permits prior to the Review Conference, regional or sub-regional workshops will be organized to allow for national practitioners to engage in follow-up discussions on the takeaways from the thematic meetings in a smaller-group setting. The target audience will be diplomats, representatives of the defence sector and national mine action agencies of the High Contracting Parties. Regional organizations and signatory States will also be invited. Particular outreach to High Contracting Parties that have not participated in recent CCW processes will also be considered, to maximize the inclusion of different positions and obtain a better understanding of the challenges faced by those States. The workshops seek to foster common understandings on key issues and share information on national and regional efforts for CCW implementation, which may contribute to the conceptualization of proposals for consideration at the Review Conference. (1)
Furthermore, the workshops could assist the High Contracting Parties in assessing the efficiency of the existing tools or guides for CCW implementation and determining the need for new ones to further support national efforts in this regard, including a more active exchange of information among States. For example, sessions can be devoted to exploring the commonalities and trends among the national annual reports on CCW compliance, Amended Protocol II and Protocol V, as well as ways to contribute to a matching between States in need of technical assistance and those willing to provide it. In addition, the sessions could review the effectiveness and possible gaps in the counter-IED strategy in the framework of the CCW, based on the identification of challenges in national and regional regulation, preparedness and capacity to address the threat of IED. In this regard, this project will strive to improve systematization and digitalization of standardized information provided in national reports, which can increase accessibility of information and transparency, as well as data-based analysis and decision-making.
1.2. Project 2: Support for universalization
1.2.1. Project purpose
The CCW has 125 High Contracting Parties, and four States (Egypt, Nigeria, Sudan and Viet Nam) which have signed but not ratified the Convention. Despite its adaptability and relevance to a broad set of pressing global issues, the universalization rate of the CCW is below 50 per cent in certain regions, limiting the geographical reach of adherence to its norms and impacting the inclusiveness and diversity of perspectives in key discussions.
The Plan of action to promote the universality of the CCW adopted by the Third Review Conference was successfully supported by the EU Joint Action 2007/528/CFSP of 23 July 2007, which resulted in the increase in the number of High Contracting Parties to the CCW from 100 in 2006 to 110 in 2009. (2) At the Fifth Review Conference in 2016, the CCW High Contracting Parties recognized that universalization is critical to the success of the Convention and mandated the officeholders to consider developing a new action plan (CCW/CONF.V/10). This project aims to support States that are not party in gaining a more in depth understanding of the purpose and functioning of the Convention, as well as of the benefits of joining and to encourage them to become more involved in CCW meetings and relevant activities. It seeks to analyse the challenges to the promotion of universality of the Convention and assist officeholders and States in conducting outreach in a coordinated, sustained and innovative manner. Furthermore, the project expects to broaden and sustain the network of experts and practitioners at the national level who will continue to engage with the CCW community beyond the project cycle. This would allow them to raise awareness and understanding of the CCW in the regional and domestic fora, including to capitalize on opportunities for non-High Contracting Parties to adhere to the Convention. In turn, such network will expand the pool of speakers to draw from for CCW expert meetings.
Considering that the requirement for States to consent to being bound by at least two of the Protocols when joining the Convention makes the membership of each Protocol different, this project will also support the universalization of the Convention’s protocols. (3)
1.2.2. Expected results of the project
|
a) |
Contribution to the establishment of a coordinated, strategic approach among officeholders and the High Contracting Parties to universalization. |
|
b) |
Deeper understanding of the CCW among relevant national authorities and experts. |
|
c) |
Creation of a network of experts and practitioners for continued engagement in the framework of CCW universalization and implementation efforts at the country or regional level. |
|
d) |
Increased number of non-High Contracting Parties committed to joining the CCW and engaging in CCW activities. |
|
e) |
More geographically balanced adherence to the CCW and its protocols. |
|
f) |
Development of elements for consideration by officeholders for a possible elaboration of an updated Action Plan on universalization. |
1.2.3. Project description
Up to six sub-regional universalization workshops will be held. In accordance with the latest Plan of Action on universalization, (4) States not party that are affected by mines and explosive remnants of war and regions with low levels of adherence will be priority, as suggested below:
|
Region |
Targeted Subregions |
|
Africa |
All |
|
Asia and the Pacific |
Southeast Asia The Pacific |
|
Eastern Europe |
The Caucasus |
|
Latin America and the Caribbean |
The Caribbean |
The duration and the content of the workshops will be tailored to the sub-regional contexts, priorities and capacities, including the impact of different types of weapons under the purview of the CCW. The project will be implemented in close coordination with UNODA’s three regional centers in Africa, Asia and the Pacific and Latin America and the Caribbean.
Given the relevance of military expertise and humanitarian action to the implementation of the Convention, representatives from the defence sector and national demining and anti-explosive agencies will also be invited, in addition to diplomatic policy experts. The workshops will also seek the participation of CCW High Contracting Parties from the respective region to allow for a “peer-to-peer” exchange, as well as representatives from regional organizations. Where possible, CCW officeholders and Geneva-based delegates of the corresponding States not party will be invited.
For non-High Contracting Parties who demonstrate interest in joining the CCW during the sub-regional workshops, a country-specific dialogue can be organized, with a larger group of stakeholders. In addition, all participants of the workshops will be contacted again towards the end of the project to seek feedback and review progress.
In addition, small-group discussions between High Contracting Parties to a given protocol and those that are parties to the Convention but have not joined the protocol will be organized, so that the former can respond to the latter’s concerns and questions on national implementation and compliance. This is to promote the universality of not only the CCW as a whole but also the protocols.
Various educational and outreach materials on the CCW will be compiled or developed and be made available on the project page of the UNODA website. This project will build on the success and lessons learned from universalization activities conducted in the framework the 2007 Joint Action of the Council of the European Union in support of the CCW (2007/528/CFSP), as well as similar efforts by other Geneva-based disarmament conventions.
1.3. Project 3: Facilitation of discussions on under-explored, emerging & cross-cutting issues of relevance to the CCW
1.3.1 Project purpose
This project aims to identify and discuss, in close coordination with CCW officeholders, under-explored, emerging and cross-cutting issues of relevance to the Convention to complement the formal process. Activities will provide the High Contracting Parties to the CCW with an informal forum, based in Geneva, to explore these issues through a multi-stakeholder exchange to lead to a better understanding of the linkages between different issues and ensure complementarity of efforts within and across sectors.
1.3.2. Expected results of the project:
|
a. |
Comprehensive and cross-regional multi-stakeholder dialogues to follow-up on issues that are under-explored during CCW meetings and other fora. |
|
b. |
Development of results and outcome documents setting out matters raised and discussed and, as applicable, including objectives and recommendations for further action to provide substantive input to the CCW meetings, in particular the expert meetings. |
|
c. |
Creation of a network of experts, practitioners, international and regional organizations, academia, civil society, industry, and youth to engage in CCW discussions. |
|
d. |
Dissemination of initiatives, events and analytical findings related to, and of relevance to the CCW within the network and to a wider audience. |
|
e. |
promotion of greater gender diversity among experts participating in CCW meetings and related discussions. |
1.3.3. Project description
A number of activities can already be identified while others will emerge as a result of the decisions of the Sixth Review Conference once the project is underway. Proceeding from this, the project will identify issues that are currently still underexplored, but merit further analysis and discussion. On the basis of this process, a series of academia and industry led hybrid round tables and seminars/webinars for expert and practitioner discussions will be held to highlight and examine these issues further. Topic suggestions include, inter alia, the evolution of the Convention, innovative approaches to fulfil the purpose and objectives of the Convention and its protocols, as well as women’s meaningful participation in disarmament, policy and programming decisions. In addition, and as possible, side events will be organised on these topics in Geneva in the margin of the CCW meetings.
Furthermore, key actors in Governments, international and regional organizations, academia, civil society, youth groups and industry, as well as their existing and planned initiatives that may enrich deliberations on the CCW will be mapped to assist in future implementation efforts. Drawing on this, information on upcoming events and initiatives organized by key actors, as well as of findings and conclusions of studies and research of relevance to the CCW will be collected and disseminated.
The results and outcomes of all activities under this project will be compiled, where possible and deemed useful translated, and made available to the public, inter alia, to engage new stakeholders in a geographically and linguistically inclusive manner. Furthermore, if possible and appropriate, follow-up activities will be designed, in the process of which key stakeholders such as current and previous CCW officeholders will be consulted.
2. METHODOLOGY
The activities of this project will be conducted mainly online, and materials will be developed and distributed digitally. Notable exceptions are activities for which physical presence is possible and not replaceable by remote modalities, or for which an in-person format would be more cost effective than virtual ones. Additionally, summaries of thematic meetings and expert discussions will be compiled and made available to the CCW High Contracting Parties and other interested actors on the project website.
3. REPORTING AND ASSESSMENT
UNODA will submit to the High Representative and to the Commission a final financial and narrative report containing, inter alia, lessons learnt, as well as a brief report every six months on progress made.
4. DURATION
The suggested duration of the implementation of the project is 24 months.
5. EU VISIBILITY
All appropriate measures will be taken to publicise the fact that the activities conducted have been funded by the Union. Such measures will be carried out in accordance with the Commission Communication and Visibility Manual for EU External Actions laid down and published by the European Commission. Visibility of the Union contribution will be ensured with appropriate branding and publicity, highlighting the role of the Union, ensuring the transparency of its actions, and raising awareness of the reasons for this Decision as well as awareness of Union support for this Decision and the results of that support. Material produced by the projects will prominently display the Union flag in accordance with Union guidelines for the accurate use and reproduction of the flag.
6. IMPLEMENTING AGENCY
UNODA will be entrusted with the implementation of this project, in accordance with the contribution agreement to be concluded between the European Commission and the UNODA.
The project will be implemented in close cooperation and coordination with UNODA’s three regional centres in Africa, Asia and the Pacific and Latin America and the Caribbean.. Opportunities for joint or follow-up activities with partners (such as UNIDIR, ICRC and UNMAS) and other organizations as relevant will be actively sought in order to avoid duplication, multiply the impact of each effort and maximize the dissemination of outcomes.
(1) If conditions do not allow for the organization of regional or sub-regional workshops prior to the Review Conference, they will be considered as post-Conference activities to follow up on the implementation of the decisions of the Conference. The conclusions of and suggestions from the regional discussions will be shared with Geneva-based delegates, to contribute to their development of a plan to that end.
(2) Four States from Africa, two from the Middle East and the Mediterranean, one from Central Asia, one from Latin America and the Caribbean and two from Europe.
(3) rotocol I on Non-detectable Fragments (118 High Contracting Parties), Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996 (106 High Contracting Parties), Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons (115 High Contracting Parties), Protocol IV on Blinding Laser Weapons (109 High Contracting Parties) and Protocol V on Explosive Remnants of War (96 High Contracting Parties). The original Protocol II adopted in 1980 is also still in force with 95 High Contracting Parties, whereof a few have not joined its amended version.
(4) “Accelerated Plan of Action on Universalization of the Convention and its annexed Protocols” (CCW/CONF.IV/4/Add.1)
|
22.9.2021 |
EN |
Official Journal of the European Union |
L 334/22 |
COUNCIL DECISION (CFSP) 2021/1695
of 21 September 2021
amending Decision (CFSP) 2019/615 on Union support for activities leading up to the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty of the European Union, and in particular Articles 28(1) and 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 15 April 2019 the Council adopted Decision (CFSP) 2019/615 (1). |
|
(2) |
On 29 June 2020 the Council adopted Decision (CFSP) 2020/906 (2), which amended Decision (CFSP) 2019/615. |
|
(3) |
On 8 April 2021 the Council adopted Decision (CFSP) 2021/579 (3), which amended Decision (CFSP) 2019/615. |
|
(4) |
Decision (CFSP) 2019/615 provides for a 30-month implementation period, beginning on the date of conclusion of the agreement referred to in Article 3(3) thereof, for the activities referred to in Article 1 thereof (‘the implementation period’). |
|
(5) |
The United Nations Office for Disarmament Affairs (UNODA) has requested an additional extension of the implementation period until 15 January 2022 because of the worldwide COVID-19 crisis and its impact on the implementation of the activities referred to in Article 1 of Decision (CFSP) 2019/615. |
|
(6) |
The activities referred to in Article 1 of Decision (CFSP) 2019/615 can be continued until 15 January 2022 without any consequences as regards financial resources. |
|
(7) |
Decision (CFSP) 2019/615 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 5 of Decision (CFSP) 2019/615, paragraph 2 is replaced by the following:
‘2. This Decision shall expire on 15 January 2022.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 21 September 2021.
For the Council
The President
G. DOVŽAN
(1) Council Decision (CFSP) 2019/615 of 15 April 2019 on Union support for activities leading up to the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) (OJ L 105, 16.4.2019, p. 25).
(2) Council Decision (CFSP) 2020/906 of 29 June 2020 amending Decision (CFSP) 2019/615 on Union support for activities leading up to the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) (OJ L 207, 30.6.2020, p. 36).
(3) Council Decision (CFSP) 2021/579 of 8 April 2021 amending Decision (CFSP) 2019/615 on Union support for activities leading up to the 2020 Review Conference of the Parties to the Treaty on the Non-proliferation of Nuclear Weapons (NPT) (OJ L 123, 9.4.2021, p. 21).