ISSN 1977-0677
Official Journal
of the European Union
L 148
English edition
Legislation
Volume 65
31 May 2022
|
ISSN 1977-0677 |
||
|
Official Journal of the European Union |
L 148 |
|
|
|
||
|
English edition |
Legislation |
Volume 65 |
|
|
|
|
|
(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. |
I Legislative acts
REGULATIONS
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/1 |
REGULATION (EU) 2022/838 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 May 2022
amending Regulation (EU) 2018/1727 as regards the preservation, analysis and storage at Eurojust of evidence relating to genocide, crimes against humanity, war crimes and related criminal offences
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 85 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
|
(1) |
Regulation (EU) 2018/1727 of the European Parliament and of the Council (2) established Eurojust and sets out its tasks, competence and functions. |
|
(2) |
Article 3(1) of Regulation (EU) 2018/1727 provides that Eurojust is competent with respect to the forms of serious crime listed in Annex I to that Regulation, which include genocide, crimes against humanity and war crimes. Pursuant to Article 3(4) of Regulation (EU) 2018/1727, Eurojust’s competence also covers criminal offences related to the criminal offences listed in Annex I to that Regulation. |
|
(3) |
On 24 February 2022, the Russian Federation began a military aggression against Ukraine. There is a reasonable basis to believe that crimes against humanity and war crimes have been and are being committed in Ukraine in the context of the current hostilities. |
|
(4) |
In view of the gravity of the situation, the Union should take all the necessary measures, as a matter of urgency, to ensure that those who commit crimes against humanity and war crimes in Ukraine are held responsible. |
|
(5) |
Prosecution services in several Member States and in Ukraine have started investigations concerning the events in Ukraine, relying, where appropriate, on the support of Eurojust. On 27 June 2016, Eurojust concluded an agreement on cooperation with Ukraine. In accordance with that agreement, Ukraine has posted a liaison prosecutor to Eurojust to facilitate the cooperation between Eurojust and Ukraine. |
|
(6) |
Pursuant to the Rome Statute of the International Criminal Court (‘ICC’) of 17 July 1998, the ICC has the power to exercise its jurisdiction over persons responsible for the most serious crimes of international concern, as referred to therein. The jurisdiction of the ICC is complementary to national criminal jurisdictions. The Office of the Prosecutor of the ICC has announced that it has opened an investigation into the situation in Ukraine. |
|
(7) |
Due to the application of the principle of universal jurisdiction in several Member States and the complementary nature of the ICC’s jurisdiction, it is important to coordinate and exchange evidence between national investigating and prosecuting authorities in different jurisdictions and with the ICC or any other court, tribunal or mechanism established for that purpose in order to ensure the effectiveness of investigations and prosecutions of genocide, crimes against humanity, war crimes and related criminal offences, including those that might be committed in Ukraine in the context of the current hostilities. |
|
(8) |
To ensure that evidence and best practices relating to the prosecution of genocide, crimes against humanity, war crimes and related criminal offences are shared with competent national authorities and international judicial authorities, Eurojust should enhance its cooperation with criminal courts, tribunals and mechanisms established to address breaches of international law. For that purpose, Eurojust should establish close cooperation with the ICC and any other court, tribunal or mechanism that aims to address crimes that affect international peace and safety. Accordingly, Eurojust should facilitate the execution of requests for judicial cooperation from the ICC or special criminal courts, tribunals or mechanisms concerning evidence related to genocide, crimes against humanity, war crimes and related criminal offences. |
|
(9) |
There is a risk that evidence related to genocide, crimes against humanity, war crimes and related criminal offences cannot be safely stored on the territory where the hostilities take place. That is also the case with evidence connected with the ongoing hostilities in Ukraine. Therefore, it is appropriate to establish a central storage facility at a safe place. A central storage facility might also be necessary for evidence collected by Union bodies, offices and agencies, international authorities or third parties such as civil society organisations so that evidence is accessible to competent national authorities and international judicial authorities. |
|
(10) |
Eurojust has the expertise and experience to support investigations and prosecutions of cross-border crimes, including genocide, crimes against humanity, war crimes and related criminal offences. Such support includes the preservation, analysis and storage of evidence as far as its admissibility before courts and its reliability are concerned. |
|
(11) |
By preserving, analysing and storing evidence related to genocide, crimes against humanity, war crimes and related criminal offences and, when necessary and appropriate, by enabling its exchange in accordance with the applicable Union data protection rules, Eurojust can support case building in national and international investigations and provide additional support to the competent national authorities and international judicial authorities. Such analysis might be especially valuable for the purposes of ascertaining the reliability of witness testimonies or to establish any relevant links. However, this Regulation does not introduce any obligation on national authorities to share evidence with Eurojust. |
|
(12) |
A new temporary storage facility allowing for the preservation, analysis and storage of evidence related to genocide, crimes against humanity, war crimes and related criminal offences should be established. As the need to store such evidence is urgent, it is necessary for Eurojust to store it in an automated data management and storage facility separate from the case management system established under Article 23 of Regulation (EU) 2018/1727 (‘automated data management and storage facility’). The proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards the digital information exchange in terrorism cases contains provisions concerning the establishment of a new case management system. Once that new case management system is established, the operational data temporarily processed in the automated data management and storage facility should be integrated into it. The general rules set out in Chapter IX of Regulation (EU) 2018/1725 of the European Parliament and of the Council (3) should apply without prejudice to the specific data protection rules set out in Regulation (EU) 2018/1727. |
|
(13) |
The preservation, analysis and storage of evidence relating to genocide, crimes against humanity, war crimes and related criminal offences in the automated data management and storage facility, and the accessibility of that evidence, whenever necessary and appropriate, by the competent national authorities and international judicial authorities, should comply with the highest standards of cyber security and data protection, in accordance with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, Regulation (EU) 2018/1725, in particular Article 91 thereof, and the specific data protection rules set out in Regulation (EU) 2018/1727. |
|
(14) |
Satellite images, photographs, videos and audio recordings can be useful for demonstrating the commission of genocide, crimes against humanity, war crimes and related criminal offences. Therefore, Eurojust should be able to process and store satellite images, photographs, videos and audio recordings for that purpose. |
|
(15) |
Eurojust and Europol should closely cooperate in the context of their respective mandates, taking into account the need to avoid duplication of effort and their respective operational capacity, in particular as regards the processing and analysis of information in the context of Europol’s existing dedicated system on international crimes, referred to as ‘Analysis Project Core International Crimes’, to support competent authorities in investigating and prosecuting genocide, crimes against humanity, war crimes and related criminal offences. Therefore, Eurojust should be able to transmit to Europol information that it receives in the performance of its operational function, under Regulation (EU) 2018/1727, of supporting Member States’ action in combating genocide, crimes against humanity, war crimes and related criminal offences. Such cooperation should include a regular joint evaluation of operational and technical issues. |
|
(16) |
In view of the urgent need to set up an automated data management and storage facility at Eurojust to deal with evidence relating to genocide, crimes against humanity, war crimes and related criminal offences with a view to ensuring accountability for such crimes committed in Ukraine, it is considered to be appropriate to invoke the exception to the eight-week period provided for in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union (TEU), to the Treaty on the Functioning of the European Union (TFEU) and to the Treaty establishing the European Atomic Energy Community. |
|
(17) |
In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified its wish to take part in the adoption and application of this Regulation. |
|
(18) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
|
(19) |
Since the objectives of this Regulation, namely to allow Eurojust to preserve, analyse and store evidence relating to genocide, crimes against humanity, war crimes and related criminal offences, to enable the exchange of such evidence and to establish an automated data management and storage facility separate from Eurojust’s existing case management system, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
|
(20) |
The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 and delivered an opinion on 13 May 2022. |
|
(21) |
This Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union in order to urgently make available a new automated data management and storage facility at Eurojust allowing for the preservation, analysis and storage of evidence relating to genocide, crimes against humanity, war crimes and related criminal offences with a view to ensuring accountability for such crimes committed in Ukraine, |
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) 2018/1727
Regulation (EU) 2018/1727 is amended as follows:
|
(1) |
in Article 4(1), the following point is added:
|
|
(2) |
in Article 80, the following paragraph is added: ‘8. By way of derogation from Article 23(6), Eurojust may establish an automated data management and storage facility separate from the case management system referred to in Article 23 for the purposes of processing operational personal data for the performance of the operational function referred to in Article 4(1), point (j) (‘automated data management and storage facility’). The automated data management and storage facility shall comply with the highest standards of cyber security. Notwithstanding Article 90 of Regulation (EU) 2018/1725, Eurojust shall consult the EDPS prior to the operation of the automated data management and storage facility. The EDPS shall deliver an opinion within two months of the receipt of a notification from the Data Protection Officer. The notification from the Data Protection Officer referred to in the third subparagraph shall contain at least the following elements:
The provisions on data protection laid down in this Regulation and in Regulation (EU) 2018/1725 shall apply to the processing of data in the automated data management and storage facility insofar as they do not directly relate to the technical set-up of the case management system. Access rights and time limits for the data stored in the automated data management and storage facility shall be in accordance with the applicable rules on access to the temporary work files in support of which the data are stored, and with the respective time limits, in particular those set out in Article 29 of this Regulation. The derogation provided for in this paragraph shall apply as long as the case management system composed of temporary work files and of an index remains in place.’; |
|
(3) |
Annex II is amended as follows:
|
Article 2
Entry into force
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, 30 May 2022.
For the European Parliament
The President
R. METSOLA
For the Council
The President
B. LE MAIRE
(1) Position of the European Parliament of 19 May 2022 (not yet published in the Official Journal) and decision of the Council of 25 May 2022.
(2) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).
(3) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/6 |
REGULATION (EU) 2022/839 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 May 2022
laying down transitional rules for the packaging and labelling of veterinary medicinal products authorised or registered in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 168(4), point (b), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
|
(1) |
Regulation (EU) 2019/6 of the European Parliament and of the Council (3) began to apply on 28 January 2022. |
|
(2) |
Marketing authorisation holders and registration holders of veterinary medicinal products authorised or registered under Directive 2001/82/EC of the European Parliament and of the Council (4) or under Regulation (EC) No 726/2004 of the European Parliament and of the Council (5) are not able to comply, by 28 January 2022, with the requirements set out in Articles 10 to 16 of Regulation (EU) 2019/6. Furthermore, competent authorities are not in a position to process all the necessary variations, as defined in Article 4, point (39), of Regulation (EU) 2019/6, of marketing authorisations granted in accordance with either Directive 2001/82/EC or Regulation (EC) No 726/2004, and thereby to ensure compliance with Articles 10 to 16 of Regulation (EU) 2019/6 in a timely manner. |
|
(3) |
Therefore, it is necessary to provide for transitional rules for the packaging and labelling of veterinary medicinal products authorised or registered in accordance with either Directive 2001/82/EC or Regulation (EC) No 726/2004 to ensure the continued availability of those veterinary medicinal products in the Union and to establish legal certainty. The transitional rules should be limited to veterinary medicinal products that do not comply with the packaging and labelling requirements of Regulation (EU) 2019/6 but comply with all other provisions of Regulation (EU) 2019/6. |
|
(4) |
Regulation (EC) No 726/2004 does not lay down specific requirements for labelling and packaging. However, it follows from Article 31(1), Article 34(1), point (c), Article 34(4), point (e), and Article 37(1), second subparagraph, of Regulation (EC) No 726/2004, in the version applicable on 27 January 2022, that products authorised under that Regulation are to comply with Articles 58 to 64 of Directive 2001/82/EC. |
|
(5) |
This Regulation lays down transitional rules, which should apply from the date of application of Regulation (EU) 2019/6, that is from 28 January 2022. Therefore, this Regulation should apply from that date. |
|
(6) |
Since the objectives of this Regulation cannot be sufficiently achieved by the Member States, but can rather, by reason of its effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
|
(7) |
This Regulation should enter into force as a matter of urgency on the day of its publication in the Official Journal of the European Union, |
HAVE ADOPTED THIS REGULATION:
Article 1
Definitions
For the purposes of this Regulation, the following definitions apply:
|
(1) |
‘veterinary medicinal product’ means a veterinary medicinal product as defined in Article 4, point (1), of Regulation (EU) 2019/6; |
|
(2) |
‘labelling’ means labelling as defined in Article 4, point (24), of Regulation (EU) 2019/6; |
|
(3) |
‘package leaflet’ means a package leaflet as defined in Article 4, point (27), of Regulation (EU) 2019/6; |
|
(4) |
‘placing on the market’ means placing on the market as defined in Article 4, point (35), of Regulation (EU) 2019/6. |
Article 2
Transitional rules
Veterinary medicinal products which were authorised or registered in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004 and which comply with Articles 58 to 64 of Directive 2001/82/EC, in the version applicable on 27 January 2022, may be placed on the market until 29 January 2027, even if their labelling and, where applicable, package leaflet are not in compliance with Articles 10 to 16 of Regulation (EU) 2019/6.
Article 3
Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 28 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 2022.
For the European Parliament
The President
R. METSOLA
For the Council
The President
B. LE MAIRE
(1) Opinion of 23 March 2022 (not yet published in the Official Journal).
(2) Position of the European Parliament of 5 May 2022 (not yet published in the Official Journal) and decision of the Council of 16 May 2022.
(3) Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
(4) 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).
(5) Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).
II Non-legislative acts
REGULATIONS
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/8 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/840
of 30 May 2022
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
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 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 18 January 2012, the Council adopted Regulation (EU) No 36/2012, concerning restrictive measures in view of the situation in Syria. |
|
(2) |
On the basis of a review of the measures, the entries for 18 natural persons and 13 entities in the list of natural and legal persons, entities or bodies set out in Annex II to Regulation (EU) No 36/2012 should be updated and amended. |
|
(3) |
The entries for two deceased individuals should be deleted from the list set out in Annex II to Regulation (EU) No 36/2012. |
|
(4) |
The entry for one individual should be deleted from the list set out in Annex II to Regulation (EU) No 36/2012 following a judgement of the General Court on 16 March 2022. |
|
(5) |
Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 36/2012 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, 30 May 2022.
For the Council
The President
C. COLONNA
ANNEX
Annex II to Regulation (EU) No 36/2012 is amended as follows:
|
(1) |
in Section A (Persons), the following entries are deleted:
|
|
(2) |
in Section A (Persons), the following entries replace the corresponding entries in the list:
|
|
(3) |
in Section B (Entities), the following entries replace the corresponding entries in the list:
|
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/21 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/841
of 24 May 2022
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Bolandin’ (PDO)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
Whereas:
|
(1) |
In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Bolandin’ forwarded by Spain and has published it in the Official Journal of the European Union (2). |
|
(2) |
No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
|
(3) |
In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Bolandin’ should be protected and entered in the register referred to in Article 104 of that Regulation. |
|
(4) |
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
The name ‘Bolandin’ (PDO) is hereby protected.
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, 24 May 2022.
For the Commission,
On behalf of the President,
Janusz WOJCIECHOWSKI
Member of the Commission
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/22 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/842
of 24 May 2022
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Abadía Retuerta’ (PDO)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
Whereas:
|
(1) |
In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Abadía Retuerta’ forwarded by Spain and has published it in the Official Journal of the European Union (2). |
|
(2) |
No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
|
(3) |
In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Abadía Retuerta’ should be protected and entered in the register referred to in Article 104 of that Regulation. |
|
(4) |
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
The name ‘Abadía Retuerta’ (PDO) is hereby protected.
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, 24 May 2022.
For the Commission,
On behalf of the President,
Janusz WOJCIECHOWSKI
Member of the Commission
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/23 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/843
of 24 May 2022
approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication [‘Colli Berici’ (PDO)]
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
Whereas:
|
(1) |
The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Colli Berici’, forwarded by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013. |
|
(2) |
The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013. |
|
(3) |
No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
|
(4) |
The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013. |
|
(5) |
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
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Colli Berici’ (PDO) are hereby approved.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 2022.
For the Commission,
On behalf of the President,
Janusz WOJCIECHOWSKI
Member of the Commission
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/24 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/844
of 30 May 2022
correcting the Swedish language version of Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23(1) and 27(1) thereof,
Whereas:
|
(1) |
The Swedish language version of Commission Regulation (EU) No 1178/2011 (2) contains an error in Annex I (Part-FCL), Subpart A, point FCL.010, as an incorrect term was used for one of the concepts defined in that point. That error affects the substance of the provisions where the relevant term is used. |
|
(2) |
The Swedish language version of Regulation (EU) No 1178/2011 contains an additional minor error in Annex I, Appendix 5, point 14 c ‘Phase 3 – Intermediate’, first indent, as regards the incorrect term used for the definition. |
|
(3) |
The Swedish language version of Regulation (EU) No 1178/2011 should therefore be corrected accordingly. The other language versions are not affected. |
|
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee provided for in Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
(Does not concern the English language.)
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, 30 May 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/26 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/845
of 30 May 2022
amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of 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 Articles 230(1), 232(1) and 232(3) thereof,
Whereas:
|
(1) |
Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union. |
|
(2) |
Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements with which 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, must comply with in order to enter the Union. |
|
(3) |
Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted. |
|
(4) |
More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat from poultry and game birds. |
|
(5) |
The United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry: one outbreak is located in the state of Idaho, United States and the other in the state of Michigan, United States and they were confirmed on 10 May 2022 by laboratory analysis (RT-PCR). |
|
(6) |
In addition, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the state of Minnesota, United States, and was confirmed on 11 May 2022 by laboratory analysis (RT-PCR). |
|
(7) |
Moreover, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the state of Wisconsin, United States, and was confirmed on 13 May 2022 by laboratory analysis (RT-PCR). |
|
(8) |
Additionally, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the state of Pennsylvania, United States, and was confirmed on 14 May 2022 by laboratory analysis (RT-PCR). |
|
(9) |
The veterinary authorities of the United States established a 10 km control zone around the affected establishments and implemented a stamping-out policy in order to control the presence of highly pathogenic avian influenza and limit the spread of that disease. |
|
(10) |
The United States have submitted information to the Commission on the epidemiological situation on their territory and the measures they have taken to prevent the further spread of highly pathogenic avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation and in order to protect the animal health status of the Union, the entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat from poultry and game birds from the areas under restrictions established by the veterinary authorities of the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised. |
|
(11) |
Moreover, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to six outbreaks of HPAI in poultry establishments: two outbreaks near Leeming Bar, Hambleton, North Yorkshire, England, United Kingdom, confirmed on 14 and 24 November 2021, two outbreaks near Willington, South Derbyshire, Derbyshire, England, United Kingdom, confirmed on 19 November 2021 and 11 December 2021, one outbreak near Clitheroe, Ribble Valley, Lancashire, England, United Kingdom, confirmed on 28 November 2021 and one outbreak near Watlington, King’s Lynn and West Norfolk, Norfolk, England, United Kingdom, confirmed on 26 December 2021. The United Kingdom has also submitted the measures it has taken to prevent the further spread of that disease. In particular, following these outbreaks of HPAI, the United Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, the United Kingdom completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the infected poultry establishments on its territory. |
|
(12) |
The Commission has evaluated the information submitted by the United Kingdom and concluded that the HPAI outbreaks near Leeming Bar, Hambleton, North Yorkshire, England, United Kingdom, near Willington, South Derbyshire, Derbyshire, England, United Kingdom, near Clitheroe, Ribble Valley, Lancashire, England, United Kingdom and near Watlington, King’s Lynn and West Norfolk, Norfolk, England, United Kingdom in poultry establishments have been cleared and that there is no longer any risk associated with the entry into the Union of poultry commodities from the zones of the United Kingdom from which the entry into the Union of poultry commodities have been suspended due to these outbreaks. |
|
(13) |
Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly. |
|
(14) |
Taking into account the current epidemiological situation in the United States as regards highly pathogenic avian influenza and the serious risk of its introduction into the Union, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency. |
|
(15) |
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 and XIV 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, 30 May 2022.
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 of the Council (OJ L 114, 31.3.2021, p. 1).
ANNEX
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:
|
(1) |
Annex V is amended as follows:
|
|
(2) |
in Annex XIV, Part 1 is amended as follows:
|
DECISIONS
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/38 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2022/846
of 18 May 2022
extending the mandate of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (EUBAM Libya/1/2022)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (1), and in particular Article 9(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
Pursuant to Article 9(1) of Decision 2013/233/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EUBAM Libya, including the decision to appoint a Head of Mission. |
|
(2) |
On 14 January 2021, the PSC adopted Decision (CFSP) 2021/59 (2), appointing Ms Natalina CEA as Head of Mission of EUBAM Libya from 1 February 2021 to 30 June 2021. |
|
(3) |
On 18 June 2021, the Council adopted Decision (CFSP) 2021/1009 (3), extending the mandate of EUBAM Libya until 30 June 2023. |
|
(4) |
On 22 June 2021, the PSC adopted Decision (CFSP) 2021/1048 (4), extending the mandate of Ms Natalina CEA as the Head of Mission of EUBAM Libya until 30 June 2022. |
|
(5) |
The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Ms Natalina CEA as Head of Mission of EUBAM Libya from 1 July 2022 to 30 June 2023, |
HAS ADOPTED THIS DECISION:
Article 1
The mandate of Ms Natalina CEA as Head of Mission of EUBAM Libya is hereby extended from 1 July 2022 to 30 June 2023.
Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 July 2022.
Done at Brussels, 18 May 2022.
For the Political and Security Committee
The Chairperson
D. PRONK
(1) OJ L 138, 24.5.2013, p. 15.
(2) Political and Security Committee Decision (CFSP) 2021/59 of 14 January 2021 on the appointment of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (EUBAM Libya/1/2021) (OJ L 26, 26.1.2021, p. 3).
(3) Council Decision (CFSP) 2021/1009 of 18 June 2021 amending Decision 2013/233/CFSP on the European Union Integrated Border Assistance Mission in Libya (EUBAM Libya) (OJ L 222, 22.6.2021, p. 18).
(4) Political and Security Committee Decision (CFSP) 2021/1048 of 22 June 2021 extending the mandate of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (EUBAM Libya/2/2021) (OJ L 228, 28.6.2021, p. 1).
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/40 |
COUNCIL DECISION (CFSP) 2022/847
of 30 May 2022
in support of efforts to prevent and combat illicit proliferation and trafficking of small arms and light weapons (SALW) and ammunition and their impact in the Americas
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:
|
(1) |
On 19 November 2018, the Council adopted the EU Strategy against Illicit Firearms, Small Arms & Light Weapons (‘SALW’) and their Ammunition, entitled ‘Securing Arms, Protecting Citizens’ (the ‘EU SALW Strategy’), which sets the guidelines for Union action in the field of small arms and light weapons (SALW). |
|
(2) |
At regional level, the EU SALW Strategy commits the Union and its Member States to providing assistance to other countries in order to improve the management and security of state-held stockpiles by strengthening national legislative and administrative frameworks and strengthening institutions that regulate the legitimate supply and stockpile management of SALW and ammunition for defence and security forces. |
|
(3) |
The EU SALW Strategy notes that the Union will look for synergy with the relevant American states and regional organisations to reduce the illicit proliferation and trafficking of SALW, with a view to reducing armed violence and criminal activity. |
|
(4) |
Latin America and the Caribbean have been seriously affected by the proliferation and excessive accumulation of SALW. The American hemisphere continues to rank as one of the most violent regions in the world. According to the latest global study on homicides by the United Nations Office on Drugs and Crime (UNODC) in 2017, the region registered a rate of 17,2 homicides per 100 000 inhabitants, almost three times the global average. The vast majority of homicides are perpetrated with the use of firearms, which makes the combating and prevention of the proliferation and illicit trafficking of arms and ammunition as one of the priorities on the inter-American agenda. |
|
(5) |
In line with the EU SALW Strategy, the Union will strengthen its dialogue and cooperation with regional organisations working on SALW control, by aligning its activities with regional strategies and action plans. |
|
(6) |
The Organization of American States (OAS) is the Secretariat for the Inter-American Convention against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (CIFTA), and is coordinating and implementing regional initiatives combatting illicit SALW in the Americas. |
|
(7) |
The Union previously supported OAS activities by means of Council Decision (CFSP) 2018/2010 (1) in support of activities countering illicit proliferation and trafficking of SALW and ammunition and their impact in Latin America and the Caribbean. In that regard, the Union decided to fund that initiative precisely to reduce armed violence and criminal activity. |
|
(8) |
On 30 June 2018, the third United Nations Conference to Review Progress Made in the Implementation of the UN Programme of Action against illicit Small Arms and Light Weapons adopted an outcome document in which States renewed their commitment to preventing and combating the diversion of small arms and light weapons. States reaffirmed their willingness to pursue international cooperation and to reinforce regional cooperation through improved coordination, consultation, information exchange and operational cooperation, involving relevant regional and sub-regional organisations, as well as law enforcement, border control and export and import licensing authorities. |
|
(9) |
The United Nations 2030 Agenda for Sustainable Development affirms that combating the illicit trade in small arms and light weapons is necessary for the achievement of many sustainable development goals, including those relating to peace, justice and strong institutions, poverty reduction, economic growth, health, gender equality and safe cities. Therefore, in Sustainable Development Goal 16.4, all States have committed to significantly reducing illicit financial and arms flows. |
|
(10) |
In his Agenda for Disarmament ‘Securing our Common Future’, that was presented on 24 May 2018, the United Nations Secretary-General called for addressing the excessive accumulation of and illicit trade in conventional arms and for supporting country-level approaches on small arms. |
|
(11) |
The second phase (Phase II), as a continuation of previous Union efforts, maintains the paradigm of multilateralism and synergies between the Union and the OAS, and it complements the global work of the Union in this area by targeting a region seriously affected by the proliferation, excessive accumulation, and trafficking of SALW, |
HAS ADOPTED THIS DECISION:
Article 1
1. With a view to the implementation of the EU SALW Strategy, the purpose of this Decision is to address armed violence in the Americas. To that effect, the Union shall finance the project described in the Annex, the aim of which is to counter the proliferation of and illicit trafficking in firearms and munitions, and preventing engagement with firearms in highly impacted communities.
2. Pursuant to paragraph 1, the objectives of this Decision are the following:
|
(a) |
to strengthen the National Firearms Regulatory Framework, considering international normative and good practices; |
|
(b) |
to improve the operational capacity of national authorities to mark, trace, store, and destroy firearms; |
|
(c) |
to optimise small arms control through the use of the Regional Communication Mechanism on Licit Transfers of Firearms and Ammunition (MCTA); |
|
(d) |
to strengthen community resilience to gun violence and reduce access to illicit/and or unwanted firearms; |
|
(e) |
to develop a Central American Firearms Roadmap to equip the countries with a practical and management tool through a regional, coordinated, and evidence based approach. |
3. A detailed description of the project 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 project referred to in Article 1 shall be carried out by the OAS.
3. The OAS shall perform its tasks under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with the OAS.
Article 3
1. The financial reference amount for the implementation of the project financed by the Union shall be 4 240 906 EUR.
2. The expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude the necessary grant agreement with the OAS. The grant agreement shall stipulate that the OAS has to ensure the visibility of the Union’s contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the grant 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 that process and of the date of conclusion of the grant agreement.
Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular narrative reports prepared by the OAS. Those reports shall form the basis of the evaluation to be carried out by the Council.
2. The Commission shall report on the financial aspects of the project referred to in Article 1.
Article 5
1. This Decision shall enter into force on the date of its adoption.
2. This Decision shall expire 36 months after the date of conclusion of the grant agreement referred to in Article 3(3). However, it shall expire six months after the date of its entry into force if no agreement has been concluded within that six-month period.
Done at Brussels, 30 May 2022.
For the Council
The President
C. COLONNA
(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).
ANNEX
PROJECT DOCUMENT
COUNTERING ILLICIT PROLIFERATION AND TRAFFICKING OF SMALL ARMS, LIGHT WEAPONS, AND AMMUNITION AND THEIR IMPACT IN THE AMERICAS
1. Background
The Americas is one of the regions in the world most severely impacted by armed violence: in 2017, it registered the highest regional rate of homicides with 17,2 homicides per 100 000 inhabitants, compared to the global average of 6,1 per 100 000 inhabitants (1). Easy access to and the availability of firearms in many of the countries are key factors to explain those rates. Almost 75 % of the homicides in the region are committed with the use of a firearm (2). The region is also one of the main destinations of firearms for illicit trafficking (3).
In large measure due to those negative trends, the proliferation of firearms and illicit trafficking has become a priority in the citizen security agenda of the region. Countries in the Americas have emphasised the importance of coordination and cross-border strategies considering the increasing complexity and internationalisation of criminal organisations. That commitment was translated into the signing of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) in 1997, the first regional binding agreement of its kind. Ratified by 31 of the 34 Organization of American States (OAS) Member States, CIFTA is a fundamental tool to address the illicit small arms trade in the region.
However, despite the valuable efforts of national authorities, the countries still cannot fully implement CIFTA. The complexity of the organised crime that controls arms trafficking in the region, including specialisation of work, coordination structures, and internationaliszation of operations, poses serious challenges to countries’ ability to investigate and prosecute these crimes. They also struggle to comply with other protocols and to implement strategies that could reduce the proliferation and availability of firearms. Military and security forces do not systematically implement stockpile management protocols, increasing the likelihood of diversion of firearms and ammunition to the illicit market, as well as the risk of unplanned explosions in storage facilities. Marking, recordkeeping, and tracing of firearms are inconsistent in the region, halting criminal investigations that could trace the origin of firearms, connect them to multiple crime scenes, and uncover networks of illicit trafficking. The absence of domestic legislation reflecting CIFTA obligations and mandating these activities compromises the continuation and sustainability of these practices.
On another level, most of the region still faces challenges to promote the wellbeing of its communities, affected by high levels of poverty, unemployment, and lack of access to public services, among other conditions that put them in a situation of vulnerability. Members of these communities are more likely to be victims or perpetrators of armed violence. Hence, to avoid the perpetuation of cycles of violence, it is not sufficient to solely focus on gun-control policies. It is necessary to address these risk factors and strengthen the resilience of community members. The combination of repressive and preventive policies is fundamental to reducing armed violence levels in the region. To answer these challenges, in 2019, OAS Member States have approved the first Hemispheric Plan of Action to Guide the Design of Public Policies to Prevent and Reduce Intentional Homicide, considering the framework of the Inter-American Program to Prevent Violence and Crime. The Plan of Action sets forth a series of 28 recommendations on (1) the production, dissemination, and use of information and scientific evidence; (2) the design and implementation of prevention policies, and (3) criminal justice.
It is in this context that, since 2007, the Department of Public Security of the OAS (DPS/OAS) has provided support to the countries of the Americas to improve their capacity to comply with CIFTA obligations (4) and mandates established to prevent violence and crimes, especially amongst the most vulnerable populations. After a five-year hiatus, the DPS/OAS reactivated its operational programs in 2019, with funding from the European Union. The project ‘Countering Illicit Proliferation and Trafficking of Small Arms, Light Weapons (SALW) and Ammunition and their Impact in Latin America and the Caribbean’, started in 2019 and ended in 2021. It is a comprehensive arms control initiative implemented in the framework of the Program of Assistance on Arms Control and Ammunition (PACAM) of the DPS; it takes into account the lessons learned from previous activities and builds on those successful results to further advance the implementation of CIFTA and crime prevention regional mandates. However, the COVID-19 pandemic and the restrictive measures adopted by countries to address it have directly impacted the implementation of the project, particularly those activities that have to be delivered on-site, with direct training and supervision of officials (such as the destruction and marking of SALW). In addition, government availability to collaborate and participate in project activities was diminished, as efforts were diverted to address the unprecedented sanitary crisis. As a result, the project scope had to be adjusted, with some impact on the expected results.
Considering those challenges, coupled with the growing needs of the countries (which were not expected to be fully addressed in a three-year initiative), Phase II of the project will continue to provide comprehensive support to the countries, aiming at national ownership of these processes. DPS/OAS experience has shown continuous support is necessary to sustain the progress and advancements in terms of firearms control and the prevention of gun violence and crime, and, accordingly, this new phase will take into account the importance of long-term strategies to provide a meaningful and sustainable change in security policies and conditions.
2. Technical Approach
During Phase II, DPS/OAS will continue to invest in a holistic approach that combines repressive and preventive lenses, with normative and operational activities, to address the complex issue of armed violence and illicit trafficking in the region. As has been demonstrated in other regions, a modern, cohesive, and harmonic legislative framework, in compliance with the international normative framework, is the foundation for effective firearms control policies. Legislative changes must be accompanied by improving countries’ capacities to operationalise and implement the law. As such, by working across these two spheres, the project will be able to target simultaneously the needs of the countries and promote long-term and sustainable changes. These activities to strengthen firearms control and to reduce the availability of firearms will be complemented by a preventive approach to reduce demand in communities that are highly impacted by armed violence, with a particular focus on the prevention of gender-based violence related to the misuse of firearms. Actions to promote safe practices among citizens of the communities, as well as conflict resolution, assistance for victims and survivors of violence, and voluntary turn-in of SALW and ammunition seek to improve community resilience to armed violence.
Under the proposed concept for this project, the DPS/OAS, through PACAM, will assume the role of coordinating and implementing agency through a collaborative approach with other agencies in this field and the national authorities. Utilising the political forums and the communication channels of the OAS, DPS/OAS will identify the countries of the region that require support and work with them in the specific agreements necessary to consolidate the assistance. The project will adopt specific and tailored support to each country, considering they might not have the same needs and gaps. Not all of them will be supported in all project components. Rather, DPS/OAS will continue using the previous successful approach of PACAM: mapping and identifying the needs of each country, engaging the authorities and creating a plan of assistance, and deploying the missions. In addition, considering the lessons learned from the adaptation of the project activities during the pandemic, DPS/OAS will seek to optimise resources by using the virtual environment and technological tools, when possible.
Also, considering the different impacts armed violence has on women, men, girls, and boys, as well as in populations in vulnerability, Phase II will continue to have a gender-based and human rights perspective. This includes the incorporation of women at all levels of project implementation, and the encouragement to have a more equal share of participation of women in the project’s activities, as beneficiaries of the interventions. In addition to that, violence prevention activities will focus particular attention on the need of women and girls for security and safety within their communities and for their participation in the search for solutions to these challenges, as well as the incorporation of components focusing exclusively on addressing gender-based violence.
3. Overall Goal
To strengthen the capacity of OAS Member States to address armed violence in the region by supporting measures to counter the proliferation and illicit trafficking in firearms and munitions, and preventing engagement with firearms in highly-impacted communities.
4. Description of Projects’ Intervention Strategies
Objective 1: To Strengthen National Firearms Regulatory Framework, considering international normative and good practices
Activities
|
— |
Identification of countries to be assisted as a matter of priority with legislative review, on the basis of a needs assessment and taking into account countries targeted by operational components of the project; |
|
— |
Technical assistance to countries to review legislation and normative framework considering international standards, and internal harmonisation of mandates, as well as the integration of a gender-based perspective; |
|
— |
Development of regional standards on Physical Security and Stockpile Management, and on Destruction of SALW and Ammunition; |
|
— |
Development of regional recommendations to prevent gender-based violence related to the misuse of firearms; |
|
— |
Development of an electronic database to facilitate access to firearms standards and other relevant guidelines (e.g. CIFTA, model legislation, MOSAIC, and IATG) to facilitate access to and use of the standards for the different areas regarding firearms control by having a search engine and by categorising the standards with tags that would allow the users to quickly find all related rules for an area of interest. |
Outputs
|
— |
Legislative assistance provided to improve national firearms normative framework, considering international standards and gender-based perspective, to at least six countries of the region; |
|
— |
Regional Standards for Physical Security and Stockpile Management (PSSM) developed and disseminated to all OAS Member States; |
|
— |
Regional Standards for Destruction of SALW and Ammunition developed and disseminated to all OAS Member States; |
|
— |
Regional recommendations to prevent gender-based violence related to the misuse of firearms developed and disseminated to all OAS Member States; |
|
— |
Electronic database of SALW standards and guidelines created and made available for countries to use. |
Objective 2: To improve the operational capacity of national authorities to mark, trace, store, and destroy firearms
Activities
|
— |
Development and provision of specialised training for national personnel in PSSM, marking and recordkeeping, and destruction of SALW and ammunition. There will be regional training workshops, where personnel will be able to also share good practices and improve collaboration, and national courses targeting the specific needs of each country; |
|
— |
Advanced explosive ordnance disposal training for technicians from countries in partnership with the Ministry of Defense of Spain; |
|
— |
Technical assistance and resources to implement national plans to destroy weapons, and obsolete, seized, or excess munitions; |
|
— |
Technical assistance and support to mark firearms, and maintain records, including the provision of necessary equipment; |
|
— |
Drawing-up of sustainability plans with countries that receive support through the project. |
Outputs
|
— |
Destruction processes of firearms and ammunition carried out in at least 10 countries, with the destruction of at least 150 tons of ammunition, and 35 000 SALW seized, obsolete, unsafe, and/or in excess; |
|
— |
At least 200 national personnel trained in SALW and ammunition destruction; |
|
— |
Technical assistance on marking and recordkeeping of firearms provided to at least 12 countries; |
|
— |
At least 150 national personnel trained on marking, and recordkeeping; |
|
— |
National Firearms Registration Systems of at least three countries upgraded; |
|
— |
Security of institutional stockpiles improved in at least 10 countries; |
|
— |
Two Regional Seminar on Good Practices of Physical Security and Stockpile Management implemented, with the certification of at least 80 officials from at least 15 countries; |
|
— |
At least 45 personnel from 10 countries certified as explosive ordnance disposal technicians to EOD level 3; |
|
— |
Tools and guidelines for the elaboration of National Actions Plans created and available for the countries assisted by the project; |
|
— |
National Action Plans drafted and validated by national authorities for at least 20 % of the countries that receive assistance. |
Objective 3: To optimise small arms control through the use of Information Technology tools
Activities
|
— |
Programming of the Electronic System for the Regional Communication Mechanism on Licit Transfers of Firearms and Ammunition (MCTA), a regional mechanism for the notification and exchange of information on the licit transfer of firearms, whose framework and technical requirements were developed during Phase I. It mirrors the positive experience of the European Union and will allow countries to quickly identify and communicate about vulnerabilities and diversion risks on the international legal commerce of firearms. Considering almost 50 % of the countries in the region do not have an electronic national licensing system, the possibility of programming the system in a way that allows countries to use it as their domestic systems will be explored; |
|
— |
Deployment of the Electronic System of the MCTA as a pilot phase, with the training of national authorities, and the incorporation of corrections necessary; |
|
— |
Upgrade of the virtual community for information exchange, developed during Phase I, to become a Hemispheric Firearms Knowledge Platform, with functionalities such as (i) automatic submission and tracking of data about firearms control system and the status of CIFTA implementation; (ii) repository of national authorities; (iii) dashboard to visualise the status and the comprehensiveness of the firearms control system; |
|
— |
Update and expansion of the SALW and Ammunition Inventory Control Software to countries in the region that may benefit from this IT solution developed during Phase I. |
Outputs
|
— |
Electronic System for the Regional Communication Mechanism on Licit Transfers of Firearms and Ammunition (MCTA) programmed, and implemented, as a pilot, in 5 countries; |
|
— |
SALW and Ammunition Inventory Control Software improved, based on users' feedback, and implemented in at least four other countries; |
|
— |
Hemispheric Firearms Knowledge Platform developed, with the registration of points of contact of at least for at least 15 countries; |
|
— |
Meetings of the national points of contact held biannually to encourage dialogue and cooperation. |
Objective 4: To strengthen community resilience to gun violence and reduce access to illicit/and or unwanted firearms
Activities
|
— |
Expansion of the OASIS program’s methodology to at least another community highly affected by gun violence. OASIS seeks to promote socially responsible behaviors in communities severely affected by gun violence; it includes an initial assessment of the community, and the available mechanisms to prevent violence and assist victims. The program offers daily extracurricular activities to at-risk youth, and training for local multi-stakeholders in the communities on prevention of violence and assistance to victims; |
|
— |
Creation of a community-based center of reference for the assistance of victims, families, and witnesses of violence and crime committed using firearms to interrupt violence cycles; |
|
— |
Development of a regional educational training program to prevent and address gender-based violence; |
|
— |
Development and implementation of at least two community weapons collection campaigns, including education strategies to sensitise the population and encourage voluntary weapons turn-in. The campaigns will highlight the connection between gender-based violence and the misuse of firearms, as most GBV victims have been intimidated or killed with them (5); |
|
— |
Support for national and local authorities in the collection, storage, transportation, and destruction of SALW and ammunition collected. This will be done in coordination with activities conducted under Objective 2 of the project to optimise resources. |
Outputs
|
— |
Capacities of at least two hotspot communities’ to support at-risk youth, assist victims and survivors, and prevent gun violence improved; |
|
— |
Life-skills of at least 160 students from two hotspot communities improved through training and daily after-school performing activities; |
|
— |
At least 150 policymakers, government officials, services providers, community leaders, teachers, parents, and civil society trained on prevention and interruption of gender-based violence, and assistance to victims; |
|
— |
One center of reference for violence survivors, families, and witnesses created and operational; |
|
— |
At least two community weapons collection campaigns developed and implemented. |
Objective 5: To develop a Central American Firearms Roadmap to equip the countries with a practical and management tool through a regional, coordinated, and evidence-based approach
Activities
|
— |
Elaboration of a methodology to develop the Central American Roadmap, in consultation with experts in the field and with the validation of the countries; |
|
— |
Development of a needs assessment, in consultation with Central American governments; |
|
— |
Development of a draft Central American Firearms Roadmap, taking into account the needs assessment, international legal frameworks, and good practices; |
|
— |
Validation of the draft Roadmap through a round of consultations with countries and stakeholders; and |
|
— |
External communication and outreach to mobilise partners to support the implementation of the Central American Firearms Roadmap. |
Outputs
|
— |
Methodology to develop roadmap elaborated and validated with stakeholders; |
|
— |
Needs assessment developed to determine the principal threats, gaps, vulnerabilities, and priorities of the Central American countries; |
|
— |
Two workshops implemented to collect inputs and feedback to the draft of the Central American Firearms Roadmap, with the participation of national authorities and organisations working in the field; |
|
— |
Central American Roadmap developed and presented to countries of the region; |
|
— |
Communication campaign developed to disseminate the Central American Firearms Roadmap, obtain its political approval, and gather partners’ support for its implementation. |
5. Duration
The total estimated duration of the comprehensive regional Phase II will be 36 months.
6. Technical implementing entity
The technical implementation of this program is entrusted to the Department of Public Security of the General Secretariat of the Organization of American States (DPS/OAS). The DPS/OAS has an advantageous position to support the countries of the Americas considering its double role as a Technical co-Secretariat of CIFTA, and as the technical and operational body of the OAS in this matter. In this role, the OAS-DPS has implemented projects and programs to support OAS Member States in fulfilling their obligations to ensure the security of national firearms stockpiles, to implement legislative measures to establish the illicit manufacturing and trafficking of firearms as criminal offenses under domestic law, to require firearms marking, and to exchange information with other CIFTA signatories concerning tracing information and patterns of illicit trafficking. No other regional or sub-regional organisation covering all of the Americas has the political influence, technical expertise, or geographical reach to be able to support and assist all American states.
During Phase II, the DPS/OAS will also continue coordinating and collaborating with other institutions and organisations during the execution of the project. The DPS/OAS engaged a number of them in Phase I and expects to continue collaborating on specific issues to promote the initiative in the region, including the United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean (UNLIREC), the Caribbean Community Implementation Agency for Crime and Security (CARICOM IMPACS), Inter-American Defence Board, The Ammunition Management Advisory Team of the Geneva International Centre for Humanitarian Demining (AMAT- GICHD), Golden West Humanitarian Foundation, INTERPOL, the US Department of State, and the Humanitarian Demining Training Center of the US Department of Defense. The DPS focuses on establishing a close relationship with all these other entities also working in the field to maximise the benefits of the action by using the complementing expertise of the organisations. Particularly, during Phase II, DPS/OAS will aim to strengthen the collaboration with the sub-regional organisations, such as CARICOM-IMPACS and SICA (Central America Integration System) to support the implementation of the Caribbean Firearms Roadmap, and coordinate the development of the Central-American Firearms Roadmap.
7. Relevance
A. ‘Securing Arms, Protecting Citizens’: EU Strategy against Illicit Firearms, Small Arms and Light Weapons, and their Ammunition, adopted by the Council on 19 November 2018
The objectives, activities, and expected outcomes of this project are aligned to the goals and the approach of the European Union Strategy ‘Securing Arms, Protecting Citizens’. In that regard, the Council of the European Union decided to fund Phase I of this initiative in order to foster multilateralism and synergies between the European Union and the OAS to reduce armed violence and criminal activity, and it contemplated the priorities established in the strategy. Phase II, as a continuation of those efforts, maintains this paradigm and approach, and it complements the global work of the European Union in this area by targeting a region seriously affected by the proliferation, excessive accumulation, and trafficking of SALW.
Specifically, Phase II reflects the following priorities of the Strategy:
|
2.1. |
Strengthening the Normative Framework: The activities of Objective 1 of the Action seek to ensure countries harmonise their legislation to the international standards, and have tools available to better the implementation of the conventions; |
|
2.2.2 |
Controls on the export of firearms and their ammunition: The development of the electronic tool of the MCTA, on Objective 3, addresses the importance of controlling the legal trade to avoid diversions to the illicit market; |
|
2.2.3 |
Secure SALW and ammunition stockpile management: Objective 2 has a series of activities focusing on PSSM, including training of officials, and technical and material assistance for improvement of practices and facilities, following the international standards of MOSAICS and IATGs; |
|
2.2.4 |
Responsible disposal of SALW and their ammunition: Objective 2 includes training, material assistance, supervision, and certification of the destruction processes of firearms and ammunition to countries that so require; |
|
2.2.5 |
Cross-cutting issues: Objective 3 includes a series of IT solutions and tools to foster cooperation and information sharing across the countries of the region. |
To maximise the impact of those activities, DPS/OAS will support complementary activities including the reduction of the demand for firearms by implementing preventing actions, and collection programs, and the development of a Central American Roadmap, as a concrete tool to coordinate and improve efforts in this region.
B. EU Council Decision 2011/428/CFSP of 18 July 2011 in support of United Nations Office for Disarmament Affairs activities to implement the United Nations Programme of Actions to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (6)
The Council Decision promotes three principal objectives: (1) the implementation of the UN Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects at both the global and regional levels, (2) support for the implementation of the International Tracing Instrument (ITI), and (3) support for the development and implementation of UN technical guidelines for ammunition stockpile management.
Each of these objectives is consistent with the overall aims of specific provisions of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) and its Courses of Action. CIFTA establishes several mandatory recommendations to State Parties, including the establishment of jurisdiction over criminal offenses; mandatory marking of firearms; maintenance of records for tracing; improvement of transfer controls; and cross-national cooperation. The CIFTA Course of Action 2018-2022 reinforces the aims of the CIFTA States Parties in these areas in consonance with the UN Program of Action and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components, and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.
The DPS/OAS continues to implement operational programs to support countries in building their capacities to comply with their obligations under CIFTA. Phase II was designed to continue this assistance considering the priorities established by CIFTA State Parties in the Course of Action 2018-2022, particularly the following: 1. Firearms Marking and Tracing; 2. Import and Export; 3. Legislative Measures; and 4. Stockpile Management and Destruction.
8. Reporting
The DPS/OAS will prepare regular reports, in line with the negotiated Delegation Agreement.
9. Total cost
The total estimated funding sought from the EU for the implementation of Phase II is EUR – around EUR 4,2 million. The General Secretariat of the OAS will provide in-kind contributions for the execution of the program and will seek other in-kind support (such as the one provided by the Spanish Government in Phase I).
(1) UNODC, Global Study on Homicide. 2019. https://www.unodc.org/unodc/en/data-and-analysis/global-study-on-homicide.html
(2) Ibid.
(3) According to the Global Study of Firearms Trafficking, Central America and South America, together with Western Asia, respond by 80 % of the destinations of firearms trafficking (UNODC, 2020).
(4) From 2007 to 2015, the DPS/OAS has implemented initiatives of the Program of Assistance for Control of Arms and Munitions in the region (PACAM). The 25 OAS Member States were benefited, resulting in the marking of over 290 000 firearms and the destruction of another 60 000 weapons and over 1 700 tons of munitions throughout the region.
(5) https://unoda-web.s3.amazonaws.com/wp-content/uploads/2019/07/MOSAIC-06.10-2017EV1.0.pdf
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/50 |
COUNCIL DECISION (CFSP) 2022/848
of 30 May 2022
amending Decision (CFSP) 2020/1464 on the promotion of effective arms export controls
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:
|
(1) |
On 12 October 2020, the Council adopted Decision (CFSP) 2020/1464 (1). |
|
(2) |
Decision (CFSP) 2020/1464 provides for an implementation period of 24 months for the activities referred to in Article 1 thereof from the date of the conclusion of the financing agreement referred to in Article 3(3) thereof. |
|
(3) |
On 9 February 2022, the Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA), in its capacity as the Implementing Agency, requested the authorisation of the Union to extend the period for the implementation of Decision (CFSP) 2020/1464 to 36 months, until 30 November 2023, due to challenges arising from the continuing COVID-19 pandemic crisis. |
|
(4) |
BAFA also requests adding an additional conference for partner countries with advanced export controls systems, and an additional mid-term assessment event. |
|
(5) |
The continuation of the activities referred to in Article 1 of Decision (CFSP) 2020/1464, including the two additional activities added through this Council Decision, can be performed without any financial resource implication until 30 November 2023. |
|
(6) |
Article 5 of Decision (CFSP) 2020/1464, and sub-sections 5.2.5, 5.2.6 and section 10 of the Annex to that Decision should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision (CFSP) 2020/1464 is hereby amended as follows:
|
(1) |
Article 5 is replaced by the following: “Article 5 This Decision shall enter into force on the date of its adoption and shall expire on 30 November 2023.”; |
|
(2) |
The Annex is amended as follows:
|
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 30 May 2022.
For the Council
The President
C. COLONNA
(1) Council Decision (CFSP) 2020/1464 of 12 October 2020 on the promotion of effective arms export controls (OJ L 335, 13.10.2020, p. 3).
|
31.5.2022 |
EN |
Official Journal of the European Union |
L 148/52 |
COUNCIL DECISION (CFSP) 2022/849
of 30 May 2022
amending Decision 2013/255/CFSP concerning restrictive measures against Syria
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 31 May 2013, the Council adopted Decision 2013/255/CFSP (1). |
|
(2) |
On 27 May 2021, the Council adopted Decision (CFSP) 2021/855 (2), extending the restrictive measures set out in Decision 2013/255/CFSP until 1 June 2022. |
|
(3) |
On the basis of a review of Decision 2013/255/CFSP, the restrictive measures set out therein should be extended until 1 June 2023. |
|
(4) |
The entries for 18 natural persons and 13 entities in the list of natural and legal persons, entities or bodies set out in Annex I to Decision 2013/255/CFSP should be updated and amended. |
|
(5) |
The entries for two deceased individuals should be deleted from the list set out in Annex I to Decision 2013/255/CFSP. |
|
(6) |
The entry for one individual should be deleted from the list set out in Annex I to Decision 2013/255/CFSP following a judgement of the General Court on 16 March 2022. |
|
(7) |
Decision 2013/255/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2013/255/CFSP is amended as follows:
|
(1) |
the title is replaced by the following: ‘Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures in view of the situation in Syria’; |
|
(2) |
Article 34 is replaced by the following: ‘Article 34 This Decision shall apply until 1 June 2023. It shall be kept under constant review. It may be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’; |
|
(3) |
Annex I 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, 30 May 2022.
For the Council
The President
C. COLONNA
(1) Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ L 147, 1.6.2013, p. 14).
(2) Council Decision (CFSP) 2021/855 of 27 May 2021 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 188, 28.5.2021, p. 90).
ANNEX
Annex I to Decision 2013/255/CFSP is amended as follows:
|
(1) |
in Section A (Persons), the following entries are deleted:
|
|
(2) |
in Section A (Persons), the following entries replace the corresponding entries in the list:
|
|
(3) |
in Section B (Entities), the following entries replace the corresponding entries in the list:
|
