ISSN 1977-0677
Official Journal
of the European Union
L 288
English edition
Legislation
Volume 65
9 November 2022
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 288 |
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English edition |
Legislation |
Volume 65 |
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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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9.11.2022 |
EN |
Official Journal of the European Union |
L 288/1 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/2179
of 8 November 2022
implementing Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (1), and in particular Article 12(5) 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 28 September 2017, the Council adopted Regulation (EU) 2017/1770. |
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(2) |
On 5 October 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 2374 (2017) updated the information relating to three individuals subject to restrictive measures. |
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(3) |
Annex I to Regulation (EU) 2017/1770 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) 2017/1770 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, 8 November 2022.
For the Council
The President
Z. STANJURA
ANNEX
In Annex I to Regulation (EU) 2017/1770 under heading ‘List of natural or legal persons, entities and bodies referred to in Article 2a’, entries 3, 4 and 5 are replaced by the following:
‘3. MAHRI SIDI AMAR BEN DAHA (alias: a) Yoro Ould Daha b) Yoro Ould Daya c) Sidi Amar Ould Daha d) Yoro)
Designation: Deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao
Date of birth: 1 Jan. 1978
Place of birth: Djebock, Mali
Nationality: Mali
National identification no: 11262/1547
Address: Golf Rue 708 Door 345, Gao, Mali
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)
Other information: Mahri Sidi Amar Ben Daha is a leader of the Lehmar Arab community of Gao and military chief of staff of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze). Reportedly deceased in February 2020.
Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link:
https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals
Additional information
Mahri Sidi Amar Ben Daha is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement.
Ben Daha was a high-ranking officer of the Islamic police operating in Gao when the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO) (QDe.134) controlled the town from June 2012 to January 2013. Ben Daha currently is deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao.
On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly.
From 14 to 18 November 2018, dozens of MAA-Plateforme combatants together with those of the CMFPR factions obstructed the holding of regional consultations. Operating under the instruction and with the participation of Ben Daha, at least six pick-up truck vehicles from the Mouvement Arabe de l’Azawad (MAA-Plateforme) were positioned in front of the Gao governorate and its vicinity. Two MOC vehicles attributed to MAA-Plateforme were also observed at the scene.
On 17 November 2018, an incident took place between armed elements blocking access to the governorate and a FAMa patrol passing by the area, but was diffused before it could escalate and constitute a cease-fire violation. On 18 November 2018, a total of twelve vehicles and armed elements lifted the blockade of the governorate following a latest round of negotiations with the governor of Gao.
On 30 November 2018, Ben Daha organised an inter-Arab meeting in Tinfanda to discuss security and administrative restructuring. The meeting also included sanctioned individual Ahmoudou Ag Asriw (MLi.001) whom Ben Daha supports and defends.
Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ben Daha has obstructed the implementation of the Peace and Reconciliation Agreement. In addition, Ben Daha supports an individual identified as threatening the implementation of the Agreement through his involvement in ceasefire violations and organised criminal activity.
4. MOHAMED BEN AHMED MAHRI (alias: a) Mohammed Rougi b) Mohamed Ould Ahmed Deya c) Mohamed Ould Mahri Ahmed Daya d) Mohamed Rougie e) Mohamed Rouggy f) Mohamed Rouji)
Date of birth: 1 Jan. 1979
Place of birth: Tabankort, Mali
Nationality: Mali
Passport no: a) AA00272627 b) AA0263957 c) AA0344148, issued on 21 March 2019 (date of expiration: 20 March 2024)
Address: Bamako, Mali
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)
Other information: Mohamed Ben Ahmed Mahri is a businessman from the Arab Lehmar community in Gao region who previously collaborated with the Mouvement pour l’unicité et le Jihad en Afrique de l’Ouest (MUJAO) (QDe.134). Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze).
Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link:
https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals
Additional information
Mohamed Ben Ahmed Mahri is being listed pursuant to paragraph 8 (c) of resolution 2374 (2017) for acting for or on behalf of or at the direction of or otherwise supporting or financing individuals and entities identified in paragraphs 8 (a) and (b) of resolution 2374 (2017), including through the proceeds from organised crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property.
Between December 2017 and April 2018, Mohamed Ben Ahmed Mahri commanded a trafficking operation of over 10 tons of Moroccan cannabis, moved in cooling trucks through Mauretania, Mali, Burkina Faso and Niger. In the night of 13 to 14 June 2018 a quarter of the shipment was confiscated in Niamey, while a rival group had allegedly stolen the remaining three quarters during the night of 12 and 13 April 2018.
In December 2017, Mohamed Ben Ahmed Mahri was in Niamey with a Malian national to prepare the operation. The latter was arrested in Niamey after he had flown in from Morocco with two Moroccan and two Algerian Nationals on 15 and 16 April 2018 to try and recuperate stolen cannabis. Three of his associates were also arrested, including a Moroccan national, who had been sentenced in Morocco in 2014 to five months imprisonment for drug trafficking.
Mohamed Ben Ahmed Mahri commands trafficking of cannabis resin to Niger straight through northern Mali, making use of convoys led by members of the Groupe d’autodéfense des Touaregs Imghad et leurs allies (GATIA), including sanctioned individual Ahmoudou Ag Asriw (MLi.001). Mohamed Ben Ahmed Mahri compensates Asriw for the use of these convoys. These convoys frequently generate clashes with competitors associated with the Coordination des Mouvements de l’Azawad (CMA).
Using his financial gains made in narcotics trafficking, Mohamed Ben Ahmed Mahri lends his support to terrorist armed groups, notably the sanctioned entity Al-Mourabitoun (QDe.141), attempting to bribe officials to release arrested combatants and facilitating fighters to integrate in the Mouvement Arabe pour l’Azawad (MAA) Plateforme.
Therefore, through the proceeds from organised crime, Mohamed Ben Ahmed Mahri supports an individual identified under paragraph 8(b) of resolution 2374 (2017) as threatening the implementation of the Agreement on Peace and Reconciliation in Mali, in addition to a terrorist group designated under resolution 1267.
5. MOHAMED OULD MATALY
Designation: Member of Parliament
Date of birth: 1958
Nationality: Mali
Passport no: a) D9011156, b) AA0260156, issued on 3 August 2018 (date of expiration: 2 August 2023)
Address: a) Golf Rue 708 Door 345, Gao, Mali b) Almoustarat, Gao, Mali
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)
Other information: Mohamed Ould Mataly is the former Mayor of Bourem and current Member of Parliament for Bourem’s constituency, part of the Rassamblement pour le Mali (RPM, President Ibrahim Boubacar Keita’s political party). He is from the Lehmar Arab community and an influential member of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze).
Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link:
https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals
Additional information
Mohamed Ould Mataly is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement.
On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly.
His close associate Mahri Sidi Amar Ben Daha, alias Yoro Ould Daha, who resides in his property in Gao, participated in the blockade of the venue of the consultation at the Governor’s office during this period.
Furthermore, on 12 July 2016 Ould Mataly was also one of the instigators of demonstrations hostile to the implementation of the Agreement.
Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ould Mataly has obstructed and caused delays to the implementation of the Peace and Reconciliation Agreement.
Lastly, Ould Mataly has pleaded for the release of members of his community captured in counter-terrorist operations. Through his involvement in organised crime and association with terrorist armed groups, Mohamed Ould Mataly threatens the implementation of the Agreement.’
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9.11.2022 |
EN |
Official Journal of the European Union |
L 288/5 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/2180
of 8 November 2022
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(5) 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 30 August 2017, the Council adopted Regulation (EU) 2017/1509. |
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(2) |
On 14 September 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to two entities subject to restrictive measures. |
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(3) |
Regulation (EU) 2017/1509 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex XIII to Regulation (EU) 2017/1509 is 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, 8 November 2022.
For the Council
The President
Z. STANJURA
ANNEX
In Annex XIII to Regulation (EU) 2017/1509 under the heading ‘(b) Legal persons, entities and bodies’, entries 36 and 74 are replaced by the following:
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Name |
Alias |
Location |
Date of UN designation |
Other information |
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‘36. |
Singwang Economics and Trading General Corporation |
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Address: DPRK |
30.11.2016 |
Is a DPRK firm for trading in coal. DPRK generates a significant share of the money for its nuclear and ballistic missile programmes by mining natural resources and selling those resources abroad. |
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74. |
Weihai World-Shipping Freight |
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Address: 419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China; IMO number: 5905801 |
30.3.2018 |
Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK, on 27 October 2017 and had an ETA of 14 November 2017 to Cam Pha, Vietnam, but it did not arrive.’ |
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9.11.2022 |
EN |
Official Journal of the European Union |
L 288/7 |
COMMISSION DELEGATED REGULATION (EU) 2022/2181
of 29 June 2022
supplementing Regulation (EU) 2021/1139 of the European Parliament and of the Council on the European Maritime, Fisheries and Aquaculture Fund as regards the starting dates and time periods for the inadmissibility of applications for support
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (1), and in particular Article 11(4) thereof,
Whereas:
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(1) |
An application for support from the European Maritime, Fisheries and Aquaculture Fund (EMFAF) submitted by an operator will be inadmissible for an identified period of time if the competent authority has determined the occurrence of the situations referred to in Article 11(1) and (3) of Regulation (EU) 2021/1139. |
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(2) |
To ensure the conditional nature of EMFAF support, it is appropriate to lay down the necessary provisions ensuring that operators applying for EMFAF support comply with the admissibility conditions for EMFAF support in relation to all fishing vessels under their effective control. |
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(3) |
Article 11(4) of Regulation (EU) 2021/1139 empowers the Commission to adopt delegated acts identifying the threshold for triggering, and the period of time of the inadmissibility, which should be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud committed, and should be of at least 1 year’s duration. The Commission should monitor the rules for the inadmissibility of applications for support established in this act to ensure that all situations referred to in Article 11(1) and (3) of Regulation (EU) 2021/1139 are covered. |
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(4) |
It is therefore necessary to lay down rules for calculating the duration and identifying the relevant starting and ending dates of the inadmissibility period and the conditions for increasing or reducing that period. It is also appropriate to lay down rules on revising the inadmissibility period where further serious infringements are committed by an operator during the inadmissibility period. |
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(5) |
An automatic trigger of inadmissibility for EMFAF funds is also necessary in the case of certain serious infringements that are particularly damaging due to their nature and seriousness. |
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(6) |
It is also appropriate to lay down rules for triggering inadmissibility and calculating the duration of the inadmissibility period in cases where a single operator owns or controls more than one fishing vessel. These rules should ensure that EMFAF support for other vessels of the operator does not indirectly benefit fishing vessels that were used to commit serious infringements |
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(7) |
In accordance with Article 92(4) of Council Regulation (EC) No 1224/2009 (2), if no other serious infringement is committed within 3 years of the date of the last serious infringement, all points should be deleted. Consequently, infringement points remain present on an operator’s licence for at least 3 years. In order to ensure continuity with the system in place as well as proportionality and legal certainty, only serious infringements committed as from 1 January 2013 in accordance with Article 92 of Regulation (EC) No 1224/2009 and for which assigned points have not been deleted from an operator’s licence should be taken into account when calculating the inadmissibility period. |
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(8) |
In accordance with Article 47 of Council Regulation (EC) No 1005/2008 (3), legal persons shall be held liable for serious infringements where such infringements have been committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person. |
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(9) |
Rules should be laid down to ensure fair treatment of operators who become new owners of fishing vessels following a sale or other type of transfer of ownership while at the same time not undermining the Union system for control, inspection and enforcement laid down in Regulation (EC) No 1224/2009 on fisheries control, which is necessary to achieve the objectives of the CFP. Should an operator’s fishing licence be permanently withdrawn due to the frequency and gravity of the infringements committed, access to EMFAF support should be refused until the end of the period of eligibility of expenditure for an EMFAF contribution laid down in Article 63(2) of Regulation (EU) 2021/1060 of the European Parliament and of the Council (4) in order to safeguard the financial interests of the Union and of its taxpayers. Such inadmissibility should apply even if according to the calculation method laid down in this Regulation the inadmissibility period ends before the end of the eligibility period. |
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(10) |
Article 11(4) of Regulation (EU) 2021/1139 empowers the Commission to adopt delegated acts on the arrangements for recovering the aid granted if serious infringements or environmental offences occurred during the period referred to in Article 11(2) of that Regulation. It is therefore necessary to lay down arrangements for recovering the aid granted. |
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(11) |
To enable the prompt application of the measures provided for in this Regulation, and given the importance of ensuring harmonised and equal treatment of operators in all Member States from the start of the programming period, this Regulation should enter into force on the day following that of its publication and should apply from the first day of the period of eligibility of expenditure for an EMFAF contribution, namely 1 January 2021. Such retroactive application does not affect the principle of legal certainty and protection of legitimate expectations, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
This Regulation applies to applications for support from the European Maritime, Fisheries and Aquaculture Fund (EMFAF) and specifies the period of time during which such applications submitted by operators who have carried out any of the actions referred to in Article 11(1) or Article 11(3) of Regulation (EU) 2021/1139 shall be inadmissible.
Article 2
Definition
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (5) apply. In addition, the following definition apply:
‘infringement points’ means the points assigned to an operator for a Union fishing vessel under the point system for serious infringements set out in Article 92 of Regulation (EC) No 1224/2009.
CHAPTER II
THRESHOLD FOR AND DURATION OF INADMISSIBILITY
Article 3
Inadmissibility of applications submitted by operators who have committed or are held liable for serious infringements under Article 42(1) of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009
1. An application for support submitted by an operator shall be inadmissible for a period of time established pursuant to Annex I where the competent authority has determined in a decision that the operator submitting the application has committed or is held liable for serious infringements under Article 42(1) of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009.
2. For the purpose of triggering inadmissibility and calculating the duration of the inadmissibility period, only serious infringements committed as from 1 January 2013 and for which a decision was taken within the meaning of paragraph 1, shall be taken into account.
3. Notwithstanding paragraph 2, for the purposes of paragraph 1 only serious infringements whose points have not been deleted pursuant to Article 92(4) of Regulation (EC) No 1224/2009 shall be taken into account.
4. The starting date of the inadmissibility period shall be the date of the decision taken by the competent authority within the meaning of paragraph 1.
Article 4
Inadmissibility of applications submitted by operators whose vessel is included in the Union IUU vessel list or whose vessel is flagged to a non-cooperating third country
1. An application for support submitted by an operator shall be inadmissible for a period of time established pursuant to Annex II if the competent authority has determined in a decision that:
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(a) |
that operator has been involved in the operation, management or ownership of a fishing vessel included in the Union IUU vessel list as set out in Article 27 of Regulation (EC) No 1005/2008; or |
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(b) |
that operator has been involved in the operation, management or ownership of a vessel flagged to a country included in the list of non-cooperating third countries provided for in Article 33 of Regulation (EC) No 1005/2008. |
2. The starting date of the inadmissibility period shall be the date of the decision taken by the competent authority within the meaning of paragraph 1.
Article 5
Inadmissibility of applications submitted by operators in the aquaculture sector who have committed or are held liable for environmental offences
1. If a competent authority has determined in a decision that an operator has committed or is held liable for one of the offences set out in Article 3 and Article 4 of Directive 2008/99/EC (6)of the European Parliament and of the Council, applications for support from the EMFAF made by that operator pursuant to Article 27 of Regulation (EU) 2021/1139 shall be inadmissible pursuant to Annex III.
2. The starting date of the inadmissibility period shall be the date of the decision by a competent authority determining that an offence set out in Article 3 or Article 4 of Directive 2008/99/EC was committed.
3. For the purposes of triggering inadmissibility and calculating the duration of the inadmissibility period, only offences committed as from 1 January 2013 and for which a decision was adopted within the meaning of paragraph 1 shall be taken into account.
Article 6
Inadmissibility of applications submitted by operators who have committed or are held liable for fraud in the context of the EMFF or the EMFAF
1. If a competent authority determines that an operator committed or is held liable for fraud in the context of the European Maritime and Fisheries Fund (EMFF) or EMFAF, all applications for EMFAF support submitted by that operator shall be inadmissible pursuant to Annex IV.
2. The inadmissibility period shall start from the date of the final decision determining the commission of a fraud as defined in Article 3 of Directive (EU) 2017/1371 of the European Parliament and of the Council (7).
CHAPTER III
COMMON PROVISIONS
Article 7
Determination of the threshold triggering inadmissibility and of the duration of inadmissibility
1. If an operator has committed or is held liable for any of the actions referred to in Articles 3, 4, 5 and 6, the Member State concerned shall determine if the threshold triggering inadmissibility is reached. This determination shall be carried out by the Member State pursuant to column (a) of Annexes I, II, III or IV to this Regulation.
2. If the Member State concerned has determined pursuant to paragraph 1 that the threshold triggering inadmissibility is reached, it shall then determine the corresponding duration of inadmissibility pursuant to:
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(a) |
column (b) of Annexes I, II, III or IV to this Regulation; and |
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(b) |
where applicable, columns (c) and (d) of Annexes I or III to this Regulation. |
Article 8
Determination of threshold triggering inadmissibility where the operator owns or controls more than one fishing vessel
1. If an operator owns or controls more than one fishing vessel, the inadmissibility period of an application for support submitted by that operator shall be determined separately for each individual fishing vessel, in accordance with Article 3 or Article 4.
2. In addition, applications for support submitted by that operator shall also be inadmissible:
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(a) |
if applications in relation to more than half of the fishing vessels owned or controlled by that operator are inadmissible for support pursuant to Article 3 or Article 4, or |
|
(b) |
where infringement points have been assigned for serious infringements pursuant to Article 42(1)(a) of Regulation (EC) No 1005/2008 or Article 90(1)(a) and (c) of Regulation (EC) No 1224/2009, if the average number of infringement points assigned per fishing vessel owned or controlled by that operator equals or exceeds 7 points. |
Article 9
Transfer of ownership
1. If an operator is subject to an inadmissibility period pursuant to Articles 3, 4 and 6, the inadmissibility period resulting from serious infringements committed prior to the change of ownership shall not be transferred to the new operator in the case of sale or transfer of ownership of the fishing vessel.
2. By way of derogation from paragraph 1, where, in accordance with the point system established by Article 92 of Regulation (EC) No 1224/2009, infringement points are assigned for serious infringements committed under Article 42(1)(a) of Regulation (EC) No 1005/2008 or Article 90(1)(a) and (c) of Regulation (EC) No 1224/2009 prior to the change of ownership of the fishing vessel, those infringement points shall be taken into account for the purposes of triggering the inadmissibility and calculating the duration of the inadmissibility period of the new operator pursuant to Article 3 and Article 8(2) only when the new operator commits, after the change of ownership, a serious infringement under Article 42(1)(a) of Regulation (EC) No 1005/2008 or Article 90(1)(a) and (c) of Regulation (EC) No 1224/2009.
Article 10
Permanent withdrawal of the fishing licence
Applications for support submitted by an operator whose fishing licence has been permanently withdrawn for any of the fishing vessels owned or controlled by that operator shall be inadmissible from the date of withdrawal of the fishing licence until the end of the period of eligibility of expenditure for an EMFAF contribution referred to in Article 63(2) of Regulation (EU) 2021/1060, if that fishing licence was withdrawn:
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(a) |
in accordance with Article 92(3) of Regulation (EC) No 1224/2009 and Article 129(2) of Commission Implementing Regulation (EU) No 404/2011 (8); or, if applicable, |
|
(b) |
as a result of sanctions for serious infringements imposed by the Member States in accordance with Article 45 of Regulation (EC) No 1005/2008. |
Article 11
Arrangements for recovering aid
1. If any of the situations referred to in Article 11(1) of Regulation (EU) 2021/1139 occur between the date the operator submitted the application and 5 years after the final payment, the support paid from EMFAF relating to that application shall be subject to a financial correction by the Member State concerned in accordance with Article 44 of Regulation (EU) 2021/1139 and Article 103(1) of Regulation (EU) 2021/1060.
2. The amount to be recovered shall be proportionate to the nature, gravity, duration and repetition of the situations referred to in Article 11(1) of Regulation (EU) 2021/1139.
Article 12
Transitional provisions
This Regulation shall not affect the continuation or modification of inadmissibility periods of applications for EMFF support granted under Commission Delegated Regulation (EU) 2015/288 (9).
Article 13
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.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 247, 13.7.2021, p. 1.
(2) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, (OJ L 343, 22.12.2009, p. 1).
(3) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1).
(4) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
(5) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(6) Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
(7) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(8) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).
(9) Commission Delegated Regulation (EU) 2015/288 of 17 December 2014 supplementing Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the period of time and the dates for the inadmissibility of applications (OJ L 51, 24.2.2015, p. 1).
ANNEX I
Threshold triggering inadmissibility and time period of inadmissibility for operators who have committed serious infringements under Article 42 of Regulation (EC) No 1005/2008 or Article 90 of Regulation (EC) No 1224/2009
|
Categories of serious infringements |
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
(c) Conditions for an increased period of inadmissibility |
(d) Conditions for a reduced period of inadmissibility |
|
Serious infringements of categories 1 and 2 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011 (*1) |
A total of 9 infringement points, irrespective of the number of serious infringements |
12 months |
1 additional month of inadmissibility per additional infringement point above the threshold |
If two infringements points are deleted pursuant to Article 133(3) of Implementing Regulation (EU) No 404/2011, the period of inadmissibility is reduced by four months |
|
All serious infringements as defined in Article 42 of Regulation (EC) No 1005/2008 and in Article 90 of Regulation (EC) No 1224/2009, with the exception of serious infringements of categories 1 and 2 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011 |
1 serious infringement |
12 months per serious infringement |
2 additional months of inadmissibility per serious infringement of category 7, 9, 10, 11 or 12 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011. If during the inadmissibility period the operator commits or is held liable for a serious infringement of category 1 or 2 as referred to in Annex XXX to Implementing Regulation (EU) No 404/2011, the period of inadmissibility is extended by one month for each infringement point assigned for those serious infringements |
(*1) This row applies if only serious infringements of category 1 or 2 were committed. If other serious infringements were committed before, simultaneously or after serious infringements of category 1 or 2, and during the same inadmissibility period, serious infringements of category 1 or 2 shall be taken into account only for the purpose of columns (c) and (d) of the second row.
ANNEX II
Threshold triggering inadmissibility and time period of inadmissibility for operators whose vessel is included in the Union IUU vessel list or whose vessel flies the flag of a non-cooperating third country
|
Type of infringement |
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
|
The operator has been involved in the operation, management or ownership of a fishing vessel included in the Union IUU vessel list as set out in Article 27 of Regulation (EC) No 1005/2008 |
1 infringement |
The whole period during which the fishing vessel is included in the Union IUU vessel list and, in any event, not less than 24 months |
|
The operator has been involved in the operation, management or ownership of a vessel flagged to a country included in the list of non-cooperating third countries provided for in Article 33 of Regulation (EC) No 1005/2008 |
1 infringement |
The whole period during which that country is included in the list of non-cooperating third countries and, in any event, not less than 12 months |
ANNEX III
Threshold triggering inadmissibility and time period of inadmissibility for operators who have committed the environmental offences set out in Articles 3 and 4 of Directive 2008/99/EC
|
Environmental offence |
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
(c) Conditions for an increased period of inadmissibility |
(d) Conditions for a reduced period of inadmissibility |
|
Offences set out in Article 3 of Directive 2008/99/EC, for which the competent authority has determined that the offence was committed with serious negligence |
1 offence |
12 months per offence |
6 additional months if the competent authority has explicitly referred to the presence of aggravating circumstances or has determined that an offence committed by the operator was carried out over a period of more than one year |
Provided that the inadmissibility period lasts at least 12 months in total, reduction by 6 months if the competent authority has explicitly referred to the presence of mitigating circumstances |
|
Offences set out in Article 3 of Directive 2008/99/EC, for which the competent authority has determined that the offence was committed intentionally |
1 offence |
24 months per offence |
||
|
Offences set out in Article 4 of Directive 2008/99/EC |
1 offence |
24 months per offence |
ANNEX IV
Threshold triggering inadmissibility and time period of inadmissibility for operators who have committed fraud in the context of the EMFF or the EMFAF
|
(a) Threshold triggering inadmissibility |
(b) Period of time of inadmissibility |
|
Any fraud committed by the operator in the context of the EMFF or EMFAF |
From the date of the final decision determining the commission of a fraud as defined in Article 3 of Directive (EU) 2017/1371 until the end of the period of eligibility of expenditure for an EMFAF contribution referred to in Article 63(2) of Regulation (EU) 2021/1060 |
|
9.11.2022 |
EN |
Official Journal of the European Union |
L 288/18 |
COMMISSION DELEGATED REGULATION (EU) 2022/2182
of 30 August 2022
amending Delegated Regulation (EU) 2017/1798 as regards the lipid and magnesium requirements for total diet replacement for weight control
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (1), and in particular Article 11(2) thereof,
Whereas:
|
(1) |
Commission Delegated Regulation (EU) 2017/1798 (2) lays down, inter alia, specific compositional requirements for total diet replacement for weight control that are based on the latest scientific advice (3) of the European Food Safety Authority (‘the Authority’) on the matter. |
|
(2) |
Delegated Regulation (EU) 2017/1798 provides that total diet replacement for weight control is to contain at least 11g linoleic acid and 1,4 g alpha-linolenic acid for the total daily ration and that it is not to contain more than 250 mg of magnesium for the total daily ration, as set out in points 4.1, 4.2 and 6 of Annex I to that Regulation. |
|
(3) |
On 7 November 2019, the Commission received a request, accompanied by a list of new scientific evidence, from Total Diet & Meal Replacements Europe for the revision of the compositional requirements of linoleic acid, alpha-linolenic acid and magnesium in Delegated Regulation (EU) 2017/1798. On 10 March 2020, the Commission requested the Authority to assess the submitted scientific evidence together with any other relevant new scientific evidence available and, if necessary, to update the conclusions of its latest scientific opinion (4) as regards the minimum levels of linoleic acid and alpha-linolenic acid as well as the maximum level of magnesium in total diet replacement for weight control. |
|
(4) |
In its statement of 15 April 2021 on the additional scientific evidence in relation to the essential composition of total diet replacement for weight control (5), the Authority concluded that there is no need to add linoleic acid to total diet replacement for weight control, as the amount released from the adipose tissue during weight loss when consuming total diet replacement for weight control is sufficient to cover the adequate intake for linoleic acid. The Authority further concluded that, while around 40 % of the adequate intake of alpha-linolenic acid could be provided by the release of alpha-linolenic acid from the adipose tissue during weight loss in overweight or obese individuals consuming total diet replacement for weight control, a minimum of 0,8 g/day needs to be supplied by total diet replacement for weight control in order to meet the adequate intake for alpha-linolenic acid. The Authority also concluded that an increase of the total maximum magnesium content in total diet replacement for weight control to 350 mg/day is not of concern. Even if magnesium may induce diarrhoea, the likelihood that magnesium-induced diarrhoea would occur as a result of such intake at a severity that may be considered of concern for overweight or obese individuals consuming total diet replacement for weight control is low, considering that those individuals more often suffer from constipation than diarrhoea. |
|
(5) |
On the basis of the conclusions of the Authority, and in order to take into account scientific progress, it is appropriate to abolish the requirement on linoleic acid in Delegated Regulation (EU) 2017/1798, to lower the minimum alpha-linolenic acid content required under that Delegated Regulation and to increase the maximum magnesium content permitted for those products. |
|
(6) |
Annex I to Delegated Regulation (EU) 2017/1798 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Delegated Regulation (EU) 2017/1798 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 August 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 181, 29.6.2013, p. 35.
(2) Commission Delegated Regulation (EU) 2017/1798 of 2 June 2017 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for total diet replacement for weight control (OJ L 259, 7.10.2017, p. 2).
(3) EFSA NDA Panel (EFSA Panel on Dietetic Products, Nutrition and Allergies), 2015. Scientific Opinion on the essential composition of total diet replacement for weight control, EFSA Journal 2015;13(1):3957, and EFSA NDA Panel (EFSA Panel on Dietetic Products, Nutrition and Allergies), 2016. Scientific Opinion on the Dietary Reference Values for choline, EFSA Journal 2016;14(8):4484.
(4) EFSA Journal 2016;14(8):4484.
(5) EFSA NDA Panel (EFSA Panel on Nutrition, Novel Foods and Food Allergens), 2021. Statement on additional scientific evidence in relation to the essential composition of total diet replacement for weight control. EFSA Journal 2021;19(4):6494.
ANNEX
Annex I to Delegated Regulation (EU) 2017/1798 is amended as follows:
|
(1) |
point 4.1 is deleted; |
|
(2) |
point 4.2 is replaced by the following: ‘The alpha-linolenic acid contained in total diet replacement for weight control products shall not be less than 0,8 g for the total daily ration.’; |
|
(3) |
in point 6, the second paragraph is replaced by the following: ‘Total diet replacement for weight control products shall not contain more than 350 mg of magnesium for the total daily ration.’. |
|
9.11.2022 |
EN |
Official Journal of the European Union |
L 288/21 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/2183
of 8 November 2022
amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, 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) and 232(1) and (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) |
Canada notified the Commission of ten outbreaks of highly pathogenic avian influenza in poultry in the provinces of Alberta (2), British Columbia (2), Manitoba (2), Ontario (1), Quebec (1) and Saskatchewan (2) in Canada, confirmed between 26 September 2022 and 13 October 2022 by laboratory analysis (RT-PCR). |
|
(6) |
Furthermore, the United Kingdom notified the Commission of 41 outbreaks of highly pathogenic avian influenza in poultry in the counties of Anglesey (2), Cheshire (1), Devon (1), Essex (2), Lancashire (2), Lincolnshire (2), Norfolk (25), Suffolk (2), West Essex (1), and Yorkshire (2) in England, United Kingdom and on Orkney Islands (1), Scotland, United Kingdom, confirmed between 9 October 2022 and 26 October 2022 by laboratory analysis (RT-PCR). |
|
(7) |
Additionally, the United States notified the Commission of 18 outbreaks of highly pathogenic avian influenza in poultry located in the states of Alaska (1), California (1), Colorado (1), Florida (2), Kansas (3), Minnesota (1), Nebraska (1), Nevada (1), Pennsylvania (1) South Dakota (1) and Utah (5), United States, confirmed between 7 October 2022 and 25 October 2022 by laboratory analysis (RT-PCR). |
|
(8) |
Following those outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada, the United Kingdom and the United States established a control zone of at least 10 km 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. |
|
(9) |
Canada, the United Kingdom and 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 of poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada, the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised. |
|
(10) |
Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to four outbreaks of highly pathogenic avian influenza in a poultry establishment in the provinces of British Columbia (1), Alberta (1), Ontario (1) and Quebec (1), Canada, which were confirmed respectively on 8 June 2022, 12 April 2022, 26 April 2022 and 14 April 2022. |
|
(11) |
Canada has also submitted information on the measures they have taken to prevent the further spread of that disease. In particular, following these outbreaks of highly pathogenic avian influenza, Canada has implemented a stamping out policy in order to control and limit the spread of that disease, and have also completed the requisite of cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories. |
|
(12) |
The Commission has evaluated the information submitted by Canada and concluded that the highly pathogenic avian influenza outbreaks 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 Canada from which the entry into the Union of poultry commodities was suspended due to those outbreaks. |
|
(13) |
Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards highly pathogenic avian influenza in Canada, the United Kingdom and the United States. |
|
(14) |
Taking into account the current epidemiological situation in Canada, the United Kingdom and 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) |
Commission Implementing Regulation (EU) 2022/2061 (4) amended Part 1 of Annex V and Part 1 of Annex XIV to Implementing Regulation (EU) 2021/404 by adding the row US-2.296, defining one affected zone in the entries for the United States in Annex V and in Annex XIV. As one error has been detected concerning the date of confirmation of the related outbreak, the rows for the zone US-2.296 in these Annexes should be corrected accordingly. This correction should apply from the date of application of Implementing Regulation (EU) 2022/2061. |
|
(16) |
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
Amendments to Implementing Regulation (EU) 2021/404
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.
Article 2
Correction to Implementing Regulation (EU) 2021/404
1. In Annex V, in Part 1, in the entry for the United States, the rows for the zone US-2.296 are replaced by the following:
|
‘US United States |
US-2.296 |
Breeding poultry other than ratites and productive poultry other than ratites |
BPP |
N, P1 |
|
7.10.2022 |
|
|
Breeding ratites and productive ratites |
BPR |
N, P1 |
|
7.10.2022 |
|
||
|
Poultry intended for slaughter other than ratites |
SP |
N, P1 |
|
7.10.2022 |
|
||
|
Ratites intended for slaughter |
SR |
N, P1 |
|
7.10.2022 |
|
||
|
Day-old chicks other than ratites |
DOC |
N, P1 |
|
7.10.2022 |
|
||
|
Day-old chicks of ratites |
DOR |
N, P1 |
|
7.10.2022 |
|
||
|
Less than 20 heads of poultry other than ratites |
POU-LT20 |
N, P1 |
|
7.10.2022 |
|
||
|
Hatching eggs of poultry other than ratites |
HEP |
N, P1 |
|
7.10.2022 |
|
||
|
Hatching eggs of ratites |
HER |
N, P1 |
|
7.10.2022 |
|
||
|
Less than 20 hatching eggs of poultry other than ratites |
HE-LT20 |
N, P1 |
|
7.10.2022’ |
|
2. In Annex XIV, in Part 1, in the entry for the United States, the rows for the zone US-2.296 are replaced by the following:
|
‘US United States |
US-2.296 |
Fresh meat of poultry other than ratites |
POU |
N, P1 |
|
7.10.2022 |
|
|
Fresh meat of ratites |
RAT |
N, P1 |
|
7.10.2022 |
|
||
|
Fresh meat of game birds |
GBM |
P1 |
|
7.10.2022’ |
|
Article 3
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
However, Article 2 shall apply from 27 October 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 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).
(4) Commission Implementing Regulation (EU) 2022/2061 of 24 October 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 (OJ L 276, 26.10.2022, p. 69).
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
|
9.11.2022 |
EN |
Official Journal of the European Union |
L 288/78 |
COUNCIL DECISION (CFSP) 2022/2184
of 8 November 2022
amending Decision (CFSP) 2019/1296 in support of strengthening biological safety and security in Ukraine in line with the implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery
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 31 July 2019, the Council adopted Decision (CFSP) 2019/1296 (1), which provides for a 36-month implementation period for the projects referred to in Article 1(2) of that Decision (the ‘implementation period’), as from the conclusion of the financing agreement referred to in Article 3(3) thereof. |
|
(2) |
The implementation period is to end on 14 December 2022 with the expiry of Decision (CFSP) 2019/1296. |
|
(3) |
On 12 August 2022, the Conflict Prevention Centre of the Secretariat of the Organization for Security and Co-operation in Europe (OSCE), which is responsible for the technical implementation of the projects referred to in Article 1(2) of Decision (CFSP) 2019/1296, requested a 13-month no-cost extension of the implementation period. That extension would enable the OSCE to carry out the implementation of several of those projects, which was interrupted by the COVID-19 pandemic and the security situation in Ukraine. |
|
(4) |
The extension of the implementation period until 14 January 2024 does not have any implication as regards financial resources. |
|
(5) |
Decision (CFSP) 2019/1296 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Article 5(2) of Decision (CFSP) 2019/1296 is replaced by the following:
‘2. This Decision shall expire on 14 January 2024.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 8 November 2022.
For the Council
The President
Z. STANJURA
(1) Council Decision (CFSP) 2019/1296 of 31 July 2019 in support of strengthening biological safety and security in Ukraine in line with the implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery (OJ L 204, 2.8.2019, p. 29).
|
9.11.2022 |
EN |
Official Journal of the European Union |
L 288/80 |
COUNCIL DECISION (CFSP) 2022/2185
of 8 November 2022
amending Decision (CFSP) 2018/1939 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear terrorism
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 10 December 2018 the Council adopted Decision (CFSP) 2018/1939 (1). |
|
(2) |
On 7 June 2021 the Council adopted Decision (CFSP) 2021/919 (2), amending Decision (CFSP) 2018/1939 and extending the implementation period for the activities referred to in Article 1 thereof until 30 November 2022. |
|
(3) |
On 7 June 2022 and 6 September 2022 the United Nations Office on Drugs and Crime and the United Nations Office on Counter-Terrorism, respectively, in their capacity as implementing agencies, requested a 7-month extension of the implementation period of Decision (CFSP) 2018/1939 until 30 June 2023, in view of the continued delay in the implementation of project activities under Decision (CFSP) 2018/1939 due to the impact of the COVID-19 pandemic. |
|
(4) |
The continuation of the activities referred to in Article 1 of Decision (CFSP) 2018/1939 until 30 June 2023 can be performed without any consequences as regards financial resources. |
|
(5) |
Article 5 of Decision (CFSP) 2018/1939 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 5 of Decision (CFSP) 2018/1939, the second paragraph is replaced by the following:
‘It shall expire on 30 June 2023.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 8 November 2022.
For the Council
The President
Z. STANJURA
(1) Council Decision (CFSP) 2018/1939 of 10 December 2018 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism (OJ L 314, 11.12.2018, p. 41).
(2) Council Decision (CFSP) 2021/919 of 7 June 2021 amending Decision (CFSP) 2018/1939 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism (OJ L 201, 8.6.2021, p. 27).
|
9.11.2022 |
EN |
Official Journal of the European Union |
L 288/81 |
COUNCIL DECISION (CFSP) 2022/2186
of 8 November 2022
amending Decision (CFSP) 2019/1894 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean
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 11 November 2019, the Council adopted Decision (CFSP) 2019/1894 (1) concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean. |
|
(2) |
The Council has reviewed the restrictive measures set out in Decision (CFSP) 2019/1894. Based on that review, those measures should be extended until 12 November 2023. |
|
(3) |
Decision (CFSP) 2019/1894 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Article 8 of Decision (CFSP) 2019/1894 is replaced by the following:
‘Article 8
This Decision shall apply until 12 November 2023 and shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.
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, 8 November 2022.
For the Council
The President
Z. STANJURA
(1) Council Decision (CFSP) 2019/1894 of 11 November 2019 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean (OJ L 291, 12.11.2019, p. 47).
|
9.11.2022 |
EN |
Official Journal of the European Union |
L 288/82 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2022/2187
of 8 November 2022
implementing Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (1), and in particular Article 3(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 28 September 2017, the Council adopted Decision (CFSP) 2017/1775. |
|
(2) |
On 5 October 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 2374 (2017) updated the information relating to three individuals subject to restrictive measures. |
|
(3) |
Annex I to Decision (CFSP) 2017/1775 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision (CFSP) 2017/1775 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, 8 November 2022.
For the Council
The President
Z. STANJURA
ANNEX
In Annex I to Decision (CFSP) 2017/1775, under the heading ‘A. List of persons referred to in Article 1 (1)’, entries 6, 7 and 8 are replaced by the following:
‘6. MAHRI SIDI AMAR BEN DAHA (alias: a) Yoro Ould Daha b) Yoro Ould Daya c) Sidi Amar Ould Daha d) Yoro)
Designation: Deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao
Date of birth: 1 Jan. 1978
Place of birth: Djebock, Mali
Nationality: Mali
National identification no: 11262/1547
Address: Golf Rue 708 Door 345, Gao, Mali
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)
Other information: Mahri Sidi Amar Ben Daha is a leader of the Lehmar Arab community of Gao and military chief of staff of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze). Reportedly deceased in February 2020.
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Additional information
Mahri Sidi Amar Ben Daha is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement.
Ben Daha was a high-ranking officer of the Islamic police operating in Gao when the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO) (QDe.134) controlled the town from June 2012 to January 2013. Ben Daha currently is deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao.
On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly.
From 14 to 18 November 2018, dozens of MAA-Plateforme combatants together with those of the CMFPR factions obstructed the holding of regional consultations. Operating under the instruction and with the participation of Ben Daha, at least six pick-up truck vehicles from the Mouvement Arabe de l’Azawad (MAA-Plateforme) were positioned in front of the Gao governorate and its vicinity. Two MOC vehicles attributed to MAA-Plateforme were also observed at the scene.
On 17 November 2018, an incident took place between armed elements blocking access to the governorate and a FAMa patrol passing by the area, but was diffused before it could escalate and constitute a cease-fire violation. On 18 November 2018, a total of twelve vehicles and armed elements lifted the blockade of the governorate following a latest round of negotiations with the governor of Gao.
On 30 November 2018, Ben Daha organised an inter-Arab meeting in Tinfanda to discuss security and administrative restructuring. The meeting also included sanctioned individual Ahmoudou Ag Asriw (MLi.001) whom Ben Daha supports and defends.
Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ben Daha has obstructed the implementation of the Peace and Reconciliation Agreement. In addition, Ben Daha supports an individual identified as threatening the implementation of the Agreement through his involvement in ceasefire violations and organised criminal activity.
7. MOHAMED BEN AHMED MAHRI (alias: a) Mohammed Rougi b) Mohamed Ould Ahmed Deya c) Mohamed Ould Mahri Ahmed Daya d) Mohamed Rougie e) Mohamed Rouggy f) Mohamed Rouji)
Date of birth: 1 Jan. 1979
Place of birth: Tabankort, Mali
Nationality: Mali
Passport no: a) AA00272627 b) AA0263957 c) AA0344148, issued on 21 March 2019 (date of expiration: 20 March 2024)
Address: Bamako, Mali
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)
Other information: Mohamed Ben Ahmed Mahri is a businessman from the Arab Lehmar community in Gao region who previously collaborated with the Mouvement pour l’unicité et le Jihad en Afrique de l’Ouest (MUJAO) (QDe.134). Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze).
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Mohamed Ben Ahmed Mahri is being listed pursuant to paragraph 8 (c) of resolution 2374 (2017) for acting for or on behalf of or at the direction of or otherwise supporting or financing individuals and entities identified in paragraphs 8 (a) and (b) of resolution 2374 (2017), including through the proceeds from organised crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property.
Between December 2017 and April 2018, Mohamed Ben Ahmed Mahri commanded a trafficking operation of over 10 tons of Moroccan cannabis, moved in cooling trucks through Mauretania, Mali, Burkina Faso and Niger. In the night of 13 to 14 June 2018 a quarter of the shipment was confiscated in Niamey, while a rival group had allegedly stolen the remaining three quarters during the night of 12 and 13 April 2018.
In December 2017, Mohamed Ben Ahmed Mahri was in Niamey with a Malian national to prepare the operation. The latter was arrested in Niamey after he had flown in from Morocco with two Moroccan and two Algerian Nationals on 15 and 16 April 2018 to try and recuperate stolen cannabis. Three of his associates were also arrested, including a Moroccan national, who had been sentenced in Morocco in 2014 to five months imprisonment for drug trafficking.
Mohamed Ben Ahmed Mahri commands trafficking of cannabis resin to Niger straight through northern Mali, making use of convoys led by members of the Groupe d’autodéfense des Touaregs Imghad et leurs allies (GATIA), including sanctioned individual Ahmoudou Ag Asriw (MLi.001). Mohamed Ben Ahmed Mahri compensates Asriw for the use of these convoys. These convoys frequently generate clashes with competitors associated with the Coordination des Mouvements de l’Azawad (CMA).
Using his financial gains made in narcotics trafficking, Mohamed Ben Ahmed Mahri lends his support to terrorist armed groups, notably the sanctioned entity Al-Mourabitoun (QDe.141), attempting to bribe officials to release arrested combatants and facilitating fighters to integrate in the Mouvement Arabe pour l’Azawad (MAA) Plateforme.
Therefore, through the proceeds from organised crime, Mohamed Ben Ahmed Mahri supports an individual identified under paragraph 8(b) of resolution 2374 (2017) as threatening the implementation of the Agreement on Peace and Reconciliation in Mali, in addition to a terrorist group designated under resolution 1267.
8. MOHAMED OULD MATALY
Designation: Member of Parliament
Date of birth: 1958
Nationality: Mali
Passport no: a) D9011156, b) AA0260156, issued on 3 August 2018 (date of expiration: 2 August 2023)
Address: a) Golf Rue 708 Door 345, Gao, Mali b) Almoustarat, Gao, Mali
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)
Other information: Mohamed Ould Mataly is the former Mayor of Bourem and current Member of Parliament for Bourem’s constituency, part of the Rassamblement pour le Mali (RPM, President Ibrahim Boubacar Keita’s political party). He is from the Lehmar Arab community and an influential member of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze).
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Additional information
Mohamed Ould Mataly is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement.
On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly.
His close associate Mahri Sidi Amar Ben Daha, alias Yoro Ould Daha, who resides in his property in Gao, participated in the blockade of the venue of the consultation at the Governor’s office during this period.
Furthermore, on 12 July 2016 Ould Mataly was also one of the instigators of demonstrations hostile to the implementation of the Agreement.
Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ould Mataly has obstructed and caused delays to the implementation of the Peace and Reconciliation Agreement.
Lastly, Ould Mataly has pleaded for the release of members of his community captured in counter-terrorist operations. Through his involvement in organised crime and association with terrorist armed groups, Mohamed Ould Mataly threatens the implementation of the Agreement.’
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9.11.2022 |
EN |
Official Journal of the European Union |
L 288/86 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2022/2188
of 8 November 2022
implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 27 May 2016, the Council adopted Decision (CFSP) 2016/849. |
|
(2) |
On 14 September 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to two entities subject to restrictive measures. |
|
(3) |
Decision (CFSP) 2016/849 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision (CFSP) 2016/849 is amended in accordance with 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, 8 November 2022.
For the Council
The President
Z. STANJURA
ANNEX
In Annex I to Decision (CFSP) 2016/849, under the heading ‘B. Entities’, entries 36 and 74 are replaced by the following:
|
|
Name |
Alias |
Location |
Date of UN designation |
Other information |
|
‘36. |
Singwang Economics and Trading General Corporation |
|
Address: DPRK |
30.11.2016 |
Is a DPRK firm for trading in coal. DPRK generates a significant share of the money for its nuclear and ballistic missile programmes by mining natural resources and selling those resources abroad. |
|
74. |
Weihai World-Shipping Freight |
|
Address: 419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China; IMO number: 5905801 |
30.3.2018 |
Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK, on 27 October 2017 and had an ETA of 14 November 2017 to Cam Pha, Vietnam, but it did not arrive.’. |