11.11.2008

Official Journal of the European Union

L 300/1

COUNCIL REGULATION (EC) No 1110/2008

of 10 November 2008

amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,

Having regard to Common Position 2008/652/CFSP of 7 August 2008 amending Common Position 2007/140/CFSP concerning restrictive measures against Iran (1),

Having regard to the proposal from the Commission,

Whereas:

(1)

Common Position 2008/652/CFSP provides for additional restrictive measures concerning, inter alia, persons and entities subject to an assets freeze, the withholding of public financial support, including export credits, guarantees and insurance, in order to avoid any financial support that could contribute to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems, and the inspection of cargoes to and from Iran by aircraft and vessels owned or operated by Iran Air Cargo and Islamic Republic of Iran Shipping Line provided there are reasonable grounds to believe that the aircraft or vessel is transporting goods prohibited by that Common Position. Common Position 2008/652/CFSP also provides for a prohibition of the supply, sale or transfer of certain items, materials, equipment, goods and technology that could contribute to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems.

(2)

Common Position 2008/652/CFSP also calls upon all the Member States to exercise vigilance over the activities of financial institutions within their jurisdiction with banks domiciled in Iran and their branches and subsidiaries abroad, in order to prevent such activities from contributing to proliferation-sensitive nuclear activities or to the development of nuclear weapons delivery systems. To that end, certain provisions of the said Common Position relate to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2).

(3)

It should be clarified that submitting and forwarding the necessary documents to a bank for the purpose of their final transfer to a person, entity or body that is not listed in order to trigger payments allowed under Article 9 of Regulation (EC) No 423/2007 (3) does not constitute the making available of funds within the meaning of Article 7(3) of that Regulation.

(4)

Regulation (EC) No 423/2007 imposed certain restrictive measures against Iran, in line with Common Position 2007/140/CFSP. As a result, economic operators are exposed to the risk of claims and it is therefore necessary to protect such operators permanently against claims in connection with any contract or other transaction the performance of which was affected by reason of the measures imposed by that Regulation.

(5)	These measures fall within the scope of the Treaty establishing the European Community and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary in order to implement them in the Community.

(6)	The reference to Article 5(1)(c) in Article 12(2) of Regulation (EC) No 423/2007 should be modified in order to take account of the amendment made by Council Regulation (EC) No 618/2007 of 5 June 2007 amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran (4).

(7)	Regulation (EC) No 423/2007 should therefore be amended accordingly.

(8)	In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 423/2007 is hereby amended as follows:

(a)

the following points shall be added to Article 1:

‘(l)

“contract or transaction” means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose “contract” includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

(m)	“claim” means any claim for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably any claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form;

(n)

“person, entity or body in Iran” means:

(i)	the State of Iran or any public authority thereof;

(ii)	any natural person in, or resident in, Iran;

(iii)

any legal person, entity or body having its registered office in Iran;

(iv)	any legal person, entity or body controlled directly or indirectly by one or more of the above mentioned persons or bodies.’;

(b)

the following point shall be added to Article 2 point (a):

‘(iii)

certain other goods and technology that could contribute to enrichment-related, reprocessing or heavy-water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding. These goods and technology are listed in Annex IA.’;

(c)

the following paragraph shall be added to Article 3:

‘1a For all exports for which an authorisation is required under this Regulation, such authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be in accordance with the detailed rules laid down in Article 7 of Regulation (EC) No 1334/2000. The authorisation shall be valid throughout the Community.’;

(d)	Article 4 shall be replaced by the following: ‘It shall be prohibited to purchase, import or transport the goods and technology listed in Annexes I and IA from Iran, whether the item concerned originates in Iran or not.’;

(e)

the following Article is inserted:

‘Article 4a

In order to prevent the transfer of goods and technology that are listed in Annexes I and IA, cargo aircraft and merchant vessels owned or operated by Iran Air Cargo and Islamic Republic of Iran Shipping Line shall be required to submit pre-arrival or pre-departure information, for all goods brought into or out of the Community, to the competent customs authorities of the Member State concerned.

The rules governing the obligation to provide pre-arrival and pre-departure information, in particular time limits to be respected and data to be required, shall be as laid down in the applicable provisions concerning entry and exit summary declarations as well as customs declarations in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (5) and in Commission Regulation (EC) No 1875/2006 of 18 December 2006 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Regulation (EEC) No 2913/92 (6).

In addition, Iran Air Cargo and Islamic Republic of Iran Shipping Line and or their representatives shall declare whether the goods are covered by Regulation (EC) No 1334/2000 or by this Regulation and, if their export is subject to authorisation, specify the particulars of the export licence granted.

Until 30 June 2009, the entry and exit summary declarations and the additional elements required as referred to above may be submitted in written form using commercial, port or transport information, provided that it contains the necessary particulars. In the case of an export declaration, the particulars set out in Annex 30A of Regulation (EC) No 1875/2006 are not required until 30 June 2009.

As from 1 July 2009, the additional elements required, as referred to above, shall be submitted either in written form or using the entry and exit summary declarations as appropriate.

(f)

Article 5(1) shall be replaced by the following:

‘1. It shall be prohibited:

(a)

to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union, or related to the provision, manufacture, maintenance and use of goods included in that list, to any natural or legal person, entity or body in, or for use in, Iran;

(b)

to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annexed I and IA, or related to the provision, manufacture, maintenance and use of goods listed in Annexes I and IA, to any natural or legal person, entity or body in, or for use in, Iran;

(c)	to provide investment to enterprises in Iran engaged in the manufacture of goods and technology listed in the Common Military List of the European Union or in Annexes I and IA;

(d)

to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List of the European Union or in Annexes I and IA, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any natural or legal person, entity or body in, or for use in, Iran;

(e)	to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) to (d).’;

(g)

Article 7(1) shall be replaced by the following:

‘1. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex IV shall be frozen. Annex IV shall include the persons, entities and bodies designated by the United Nations Security Council or by the Sanctions Committee in accordance with paragraph 12 of United Nations Security Council Resolution 1737 (2006) and paragraph 7 of United Nations Security Council Resolution 1803 (2008).’;

(h)

the following Articles shall be inserted:

‘Article 11a

1. Credit and financial institutions which come within the scope of Article 18 shall, in their activities with credit and financial institutions referred to in paragraph 2, and in order to prevent such activities contributing to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems:

(a)	exercise continuous vigilance over account activity, particularly through their programmes on customer due diligence and under their obligations relating to money laundering and financing of terrorism;

(b)	require that in payment instructions all information fields which relate to the originator and beneficiary of the transaction in question be completed and if that information is not supplied, refuse the transaction;

(c)	maintain all records of transactions for a period of five years and make them available to national authorities on request;

(d)

if they suspect or have reasonable grounds to suspect that funds are related to proliferation financing, promptly report their suspicions to the financial intelligence unit (FIU) or to another competent authority designated by the Member State concerned, as indicated on the websites listed in Annex III, without prejudice to Articles 5 and 7. The FIU or such other competent authority will serve as a national centre for receiving and analysing suspicious transaction reports regarding potential proliferation financing. The FIU or such other competent authority shall have access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to properly undertake this function, including the analysis of suspicious transaction reports.

2. The measures set out in paragraph 1 shall apply to credit and financial institutions in their activities with:

(a)	credit and financial institutions domiciled in Iran, in particular with Bank Saderat;

(b)	branches and subsidiaries, where they come within the scope of Article 18, of credit and financial institutions domiciled in Iran, as listed in Annex VI;

(c)	branches and subsidiaries, where they do not come within the scope of Article 18, of credit and financial institutions domiciled in Iran, as listed in Annex VI;

(d)	credit and financial institutions that are neither domiciled in Iran nor come within the scope of Article 18 but are controlled by persons and entities domiciled in Iran, as listed in Annex VI.

Article 11b

1. Bank Saderat branches and subsidiaries that come within the scope of Article 18 shall notify the competent authority of the Member State where they are established, as indicated on the websites listed in Annex III, of all transfers of funds carried out or received by them, the names of the parties, the amount and the date of the transaction, within five working days after carrying out or receiving the transfer of funds concerned. If the information is available, the notification must specify the nature of the transaction and, where appropriate, the nature of the goods covered by the transaction and must, in particular, state whether the goods are covered by Regulation (EC) No 1334/2000 or by this Regulation and, if their export is subject to authorisation, indicate the number of the licence granted.

2. Subject to, and in accordance with, the information-sharing arrangements, the other notified competent authorities shall without delay transmit these data, as necessary, in order to prevent any transaction that could contribute to proliferation-sensitive nuclear activities or to the development of nuclear weapons delivery systems, to the competent authorities of other Member States where the counterparts to such transactions are established.’;

(i)

Article 12(2) is replaced by the following:

‘2. The prohibitions set out in Article 5(1)(d) and Article 7(3) shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe these prohibitions.’;

(j)

the following paragraph shall be added to Article 12:

‘3. The disclosure in good faith, as provided for in Articles 11a and 11b, by an institution or by a person covered by this Regulation or an employee or director of such an institution, of the information referred to in Articles 11a and 11b shall not involve the institution or person or its directors or employees in liability of any kind.’;

(k)

the following Article shall be inserted:

‘Article 12a

1. No claim for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, made by:

(a)	designated persons, entities or bodies listed in Annexes IV, V and VI;

(b)	any other person, entity or body in Iran, including the Iranian government;

(c)	any person, entity or body acting through or on behalf of one of these persons or entities

in connection with any contract or transaction the performance of which would have been affected, directly or indirectly, wholly or in part, by the measures imposed by this Regulation shall be satisfied.

2. The performance of a contract or transaction shall be regarded as having been affected by the measures imposed by this Regulation where the existence or content of the claim results directly or indirectly from those measures.

3. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.’;

(l)

the following point shall be added in Article 15(1):

‘(d)	amend Annex VI on the basis of decisions taken in respect of Annexes III and IV to Common Position 2008/652/CFSP.’;

(m)	the text in Annex I to this Regulation shall be inserted as Annex IA;

(n)	Annex II shall be replaced by the text in Annex II to this Regulation;

(o)	Annex III shall be replaced by the text in Annex III to this Regulation;

(p)	the text in Annex IV to this Regulation shall be added as Annex VI.

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, 10 November 2008.

For the Council

The President

B. KOUCHNER

(1) OJ L 213, 8.8.2008, p. 58.

(2) OJ L 309, 25.11.2005, p. 15.

(3) OJ L 103, 20.4.2007, p. 1.

(4) OJ L 143, 6.6.2007, p. 1.

(5) OJ L 117, 4.5.2005, p. 13.

(6) OJ L 360, 19.12.2006, p. 64.’;

ANNEX I

"ANNEX IA

"Goods and technology referred to in Article 2(1) point (a)(iii)"

INTRODUCTORY NOTES

1.	Unless otherwise stated, reference numbers used in the column entitled "Description" refer to the descriptions of dual-use items and technology set out in Annex I to Regulation (EC) No 1334/2000.

2.	A reference number in the column entitled "Related item from Annex I to Regulation (EC) No 1183/2007" means that the characteristics of the item described in the column "Description" lie outside the parameters set out in the description of the dual-use entry referred to.

3.	Definitions of terms between ‧single quotation marks‧ are given in a technical note to the relevant item.

4.	Definitions of terms between "double quotation marks" can be found in Annex I to Regulation (EC) No 1183/2007.

General Notes

The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plant) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

N.B.:

In judging whether the prohibited component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the prohibited component or components as the principal element of the goods being procured.

2.	Goods specified in this Annex include both new and used goods.

General Technology Note (GTN)

(To be read in conjunction with Section IA.B.)

1.	The sale, supply, transfer or export of "technology" which is "required" for the "development", "production" or "use" of goods the sale, supply, transfer or export of which is prohibited in Part A (Goods) below, is prohibited in accordance with the provisions of Section IA.B.

2.	The "technology""required" for the "development", "production" or "use" of prohibited goods remains under prohibition even when applicable to non-prohibited goods.

3.	Prohibitions do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited or the export of which has been authorised in accordance with Regulation (EC) No 423/2007.

4.	Prohibitions on "technology" transfer do not apply to information "in the public domain", to "basic scientific research" or to the minimum necessary information for patent applications.

IA.A. GOODS

A0. Nuclear Materials, Facilities, and Equipment

Description

Related item from Annex I to Regulation (EC) No 1183/2007

IA.A0.001

Hollow cathode lamps as follows:

a.	Iodine hollow cathode lamps with windows in pure silicon or quartz

b.	Uranium hollow cathode lamps

–

IA.A0.005

Nuclear reactor vessel components and testing equipment, other than those specified in 0A001, as follows:

Seals

2.	Internal components

3.	Sealing, testing and measurement equipment

0A001

IA.A0.006

Nuclear detection systems for detection, identification or quantification of radioactive materials and radiation of nuclear origin and specially designed components thereof other than those specified in 0A001.j. or 1A004.c.

0A001.j

1A004.c

IA.A0.007

Bellows-sealed valves made of aluminium alloy or stainless steel type 304, 304L or 316L.

Note: This item does not cover bellow valves defined in 0B001.c.6 and 2A226.

0B001.c.6

2A226

IA.A0.012

Shielded enclosures for the manipulation, storage and handling of radioactive substances (Hot cells).

0B006

IA.A0.013

"Natural uranium" or "depleted uranium" or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing, other than those specified in 0C001.

0C001

A1. Materials, chemicals, "microorganisms" and "toxins"

Description

Related item from Annex I to Regulation (EC) No 1183/2007

IA.A1.001

Bis(2-ethylhexyl) phosphoric acid (HDEHP or D2HPA) CAS 298-07-7 solvent in any quantity, with a purity greater than 90 %.

–

IA.A1.002

Fluorine gas (Chemical Abstract Number (CAS): 7782-41-4), with a purity of at least 95 %.

–

IA.A1.005

Electrolytic cells for fluorine production with an output capacity greater than 100 g of fluorine per hour.

Note: This item does not cover electrolytic cells defined in item 1B225.

1B225

IA.A1.008

Magnetic metals, of all types and of whatever form, having an initial relative permeability of 120 000 or more and a thickness between 0,05 and 0,1 mm.

1C003.a

IA.A1.009

"Fibrous or filamentary materials" or prepregs, as follows:

Carbon or aramid "fibrous or filamentary materials" having either of the following characteristics:

1.	A "specific modulus" exceeding 10 × 106 m; or

2.	A "specific tensile strength" exceeding 17 × 104 m;

Glass "fibrous or filamentary materials" having either of the following characteristics:

1.	A "specific modulus" exceeding 3,18 × 106 m; or

2.	A "specific tensile strength" exceeding 76,2 × 103 m;

c.	Thermoset resin-impregnated continuous "yarns", "rovings", "tows" or "tapes" with a width of 15 mm or less (once prepregs), made from carbon or glass "fibrous or filamentary materials" other than those specified in II.A1.010.a. or b.

Note: This item does not cover fibrous or filamentary materials defined in items 1C010.a, 1C010.b, 1C210.a and 1C210.b.

1C010.a

1C010.b

1C210.a

1C210.b

IA.A1.010

Resin-impregnated or pitch-impregnated fibres (prepregs), metal or carbon-coated fibres (preforms) or "carbon fibre preforms", as follows:

a.	Made from "fibrous or filamentary materials" specified in II.A1.009 above;

b.	Epoxy resin "matrix" impregnated carbon "fibrous or filamentary materials" (prepregs), specified in 1C010.a, 1C010.b or 1C010.c, for the repair of aircraft structures or laminates, of which the size of individual sheets does not exceed 50 cm × 90 cm;

c.	Prepregs specified in 1C010.a, 1C010.b or 1C010.c, when impregnated with phenolic or epoxy resins having a glass transition temperature (Tg) less than 433 K (160 °C) and a cure temperature lower than the glass transition temperature.

Note: This item does not cover fibrous or filamentary materials defined in item 1C010.e.

1C010.e.

1C210

IA.A1.011

Reinforced silicon carbide ceramic composites usable for nose tips, re-entry vehicles, nozzle flaps, usable in "missiles", other than those specified in 1C107.

1C107

IA.A1.012

Maraging steels, other than those specified in 1C116 or 1C216, ‧capable of‧ an ultimate tensile strength of 2 050 MPa or more, at 293 K (20 °C).

Technical note: The phrase ‧maraging steel capable of‧ encompasses maraging steel before or after heat treatment.

1C216

IA.A1.013

Tungsten, tantalum, tungsten carbide, tantalum carbide and alloys, having both of the following characteristics:

a.	In forms having a hollow cylindrical or spherical symmetry (including cylinder segments) with an inside diameter between 50 mm and 300 mm; and

b.	A mass greater than 5 kg.

Note: This item does not cover tungsten, tungsten carbide and alloys defined in item 1C226.

1C226

A2. Materials Processing

Description

Related item from Annex I to Regulation (EC) No 1183/2007

IA.A2.001

Vibration test systems, equipment and components thereof, other than those specified in 2B116:

a.	Vibration test systems employing feedback or closed loop techniques and incorporating a digital controller, capable of vibrating a system at an acceleration equal to or greater than 0,1g rms between 0,1 Hz and 2 kHz and imparting forces equal to or greater than 50 kN, measured ‧bare table‧;

b.	Digital controllers, combined with specially designed vibration test "software", with a real-time bandwidth greater than 5 kHz designed for use with vibration test systems specified in a.;

c.	Vibration thrusters (shaker units), with or without associated amplifiers, capable of imparting a force equal to or greater than 50 kN, measured ‧bare table‧, and usable in vibration test systems specified in a.;

d.	Test piece support structures and electronic units designed to combine multiple shaker units in a system capable of providing an effective combined force equal to or greater than 50 kN, measured ‧bare table‧, and usable in vibration systems specified in a.

Technical note: ‧Bare table‧ means a flat table, or surface, with no fixture or fittings.

2B116

IA.A2.004

Remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, other than those specified in 2B225, having either of the following characteristics:

a.	A capability of penetrating a hot cell wall of 0,3 m or more (through the wall operation); or

b.	A capability of bridging over the top of a hot cell wall with a thickness of 0,3 m or more (over the wall operation).

Technical note: Remote manipulators provide translation of human operator actions to a remote operating arm and terminal fixture. They may be of master/slave type or operated by joystick or keypad.

2B225

IA.A2.011

Centrifugal separators, capable of continuous separation without the propagation of aerosols and manufactured from:

1.	Alloys with more than 25 % nickel and 20 % chromium by weight;

2.	Fluoropolymers;

3.	Glass (including vitrified or enamelled coating or glass lining);

4.	Nickel or alloys with more than 40 % nickel by weight;

5.	Tantalum or tantalum alloys;

6.	Titanium or titanium alloys; or

7.	Zirconium or zirconium alloys.

Note: This item does not cover centrifugal separators defined in item 2B352.c.

2B352.c

IA.A2.012

Sintered metal filters made of nickel or nickel alloy with more than 40 % nickel by weight.

Note: This item does not cover filters defined in item 2B352.d.

2B352.d

A3. Electronics

Description

Related item from Annex I to Regulation (EC) No 1183/2007

IA.A3.001

High voltage direct current power supplies having both of the following characteristics:

a.	Capable of continuously producing, over a time period of eight hours, 10 kV or more, with output power of 5 kW or more with or without sweeping; and

b.	Current or voltage stability better than 0,1 % over a time period of four hours.

Note: This item does not cover power supplies defined in items 0B001.j.5 and 3A227.

3A227

IA.A3.002

Mass spectrometers, other than those specified in 3A233 or 0B002.g, capable of measuring ions of 200 atomic mass units or more and having a resolution of better than 2 parts in 200, as follows, and ion sources thereof:

a.	Inductively coupled plasma mass spectrometers (ICP/MS);

b.	Glow discharge mass spectrometers (GDMS);

c.	Thermal ionisation mass spectrometers (TIMS);

d.	Electron bombardment mass spectrometers which have a source chamber constructed from, lined with or plated with "materials resistant to corrosion by uranium hexafluoride UF6";

Molecular beam mass spectrometers having either of the following characteristics:

1.	A source chamber constructed from, lined with or plated with stainless steel or molybdenum and equipped with a cold trap capable of cooling to 193 K (– 80°C) or less; or

2.	A source chamber constructed from, lined with or plated with "materials resistant to corrosion by uranium hexafluoride (UF6)";

f.	Mass spectrometers equipped with a microfluorination ion source designed for actinides or actinide fluorides.

3A233

A6. Sensors and Lasers

Description

Related item from Annex I to Regulation (EC) No 1183/2007

IA.A6.001

Yttrium aluminium garnet (YAG) rods

–

IA.A6.003

Wave front corrector systems for use with a laser beam having a diameter exceeding 4 mm, and specially designed components thereof, including control systems, phase front sensors and "deformable mirrors" including bimorph mirrors.

Note: This item does not cover mirrors defined in 6A004.a, 6A005.e and 6A005.f.

6A003

IA.A6.004

Argon ion "lasers" having an average output power equal to or greater than 5 W.

Note: This item does not cover argon ion "lasers" defined in items 0B001.g.5, 6A005 and 6A205.a.

6A005.a.6

6A205.a

IA.A6.006

Tunable semiconductor "lasers" and tunable semiconductor "laser" arrays, of a wavelength between 9 μm and 17 μm, as well as array stacks of semiconductor "lasers" containing at least one tunable semiconductor "laser" array of such wavelength.

1.	Semiconductor "lasers" are commonly called "laser" diodes.

2.	This item does not cover semiconductor "lasers" defined in items 0B001.h.6 and 6A005.b

6A005.b

IA.A6.008

Neodymium-doped (other than glass) "lasers", having an output wavelength greater than 1 000 nm but not exceeding 1 100 nm and output energy exceeding 10 J per pulse.

Note: This item does not cover neodymium-doped (other than glass) "lasers" defined in item 6A005.c.2.b.

6A005.c.2

IA.A6.010

Radiation-hardened cameras, or lenses thereof, other than those specified in 6A203.c., specially designed, or rated as radiation-hardened, to withstand a total radiation dose greater than 50 × 103 Gy(silicon) (5 × 106 rad (silicon)) without operational degradation.

Technical note: The term Gy(silicon) refers to the energy in Joules per kilogram absorbed by an unshielded silicon sample when exposed to ionising radiation.

6A203.c

IA.A6.011

Tunable pulsed dye laser amplifiers and oscillators, having all of the following characteristics:

1.	Operating at wavelengths between 300 nm and 800 nm;

2.	An average output power greater than 10 W but not exceeding 30 W;

3.	A repetition rate greater than 1 kHz; and

4.	Pulse width less than 100 ns.

1.	This item does not cover single mode oscillators.

2.	This item does not cover tunable pulsed dye laser amplifiers and oscillators defined in item 6A205.c, 0B001.g.5 and 6A005.

6A205.c

IA.A6.012

Pulsed carbon dioxide "lasers" having all of the following characteristics:

1.	Operating at wavelengths between 9 000 nm and 11 000 nm;

2.	A repetition rate greater than 250 Hz;

3.	An average output power greater than 100 W but not exceeding 500 W; and

4.	Pulse width less than 200 ns.

Note: This item does not cover pulsed carbon dioxide laser amplifiers and oscillators defined in item 6A205.d., 0B001.h.6. and 6A005.d.

6A205.d

IA.B. TECHNOLOGY

No	Description	Related item from Annex I to Regulation (EC) No 1183/2007
IA.B.001	Technology required for the development, production, or use of the items in Part IA.A. (Goods) above.	–"

ANNEX II

"ANNEX II

Goods and technology referred to in Article 3

INTRODUCTORY NOTES

1.	Unless otherwise stated, reference numbers used in the column below entitled "Description" refer to the descriptions of dual use items and technology set out in Annex I to Regulation (EC) No 1334/2000.

2.	A reference number in the column below entitled "Related item from Annex I to Regulation (EC) No 1183/2007" means that the characteristics of the item described in the "Description" column lie outside the parameters set out in the description of the dual use entry referred to.

3.	Definitions of terms between ‧single quotation marks‧ are given in a technical note to the relevant item.

4.	Definitions of terms between "double quotation marks" can be found in Annex I to Regulation (EC) No 1183/2007.

General Notes

The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components is/are the principal element of the goods and can feasibly be removed or used for other purposes.

N.B.:

In judging whether the controlled component or components is/are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured.

2.	Goods specified in this Annex include both new and used goods.

General Technology Note (GTN)

(To be read in conjunction with Section II.B)

1.	The sale, supply, transfer or export of "technology" which is "required" for the "development", "production" or "use" of goods the sale, supply, transfer or export of which is controlled in Part A (Goods) below, is controlled in accordance with the provisions of Section II.B.

2.	The "technology""required" for the "development", "production" or "use" of goods under control remains under control even when it is applicable to non-controlled goods.

3.	Controls do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or the export of which has been authorised in accordance with Regulation (EC) No 423/2007.

4.	Controls on "technology" transfer do not apply to information "in the public domain", to "basic scientific research" or to the minimum necessary information for patent applications.

II.A. GOODS

A0. Nuclear Materials, Facilities, and Equipment

Description

Related item from Annex I to Regulation (EC) No 1183/2007

II.A0.002

Faraday isolators in the wavelength range 500 nm – 650 nm

–

II.A0.003

Optical gratings in the wavelength range 500 nm – 650 nm

–

II.A0.004

Optical fibres in the wavelength range 500 nm – 650 nm coated with anti-reflecting layers in the wavelength range 500 nm – 650 nm and having a core diameter greater than 0,4 mm but not exceeding 2 mm

–

II.A0.008

Plane, convex and concave mirrors, coated with high reflecting or controlled multi-layers in the wavelength range 500 nm – 650 nm

0B001.g.5

II.A0.009

Lenses, polarisers, half-wave retarder plates (λ/2 plates), quarter-wave retarder plates (λ/4 plates), laser windows in silicon or quartz and rotators, coated with anti-reflecting layers in the wavelength range 500 nm – 650 nm

0B001.g

II.A0.010

Pipes, piping, flanges, fittings made of, or lined with nickel, or nickel alloy containing more than 40 % nickel by weight, other than those specified in 2B350.h.1.

2B350

II.A0.011

Vacuum pumps other than those specified in 0B002.f.2. or 2B231, as follows:

—	Turbomolecular pumps having a flowrate equal to or greater than 400 l/s,

—	Roots type vacuum roughing pumps having a volumetric aspiration flowrate greater than 200 m3/h.

Bellows-sealed, scroll, dry compressor, and bellows-sealed, scroll, dry vacuum pumps.

0B002.f.2

2B231

A1. Materials, Chemicals, "Micro-organisms" and "Toxins"

Description

Related item from Annex I to Regulation (EC) No 1183/2007

II.A1.003

Seals and gaskets made of any of the following materials

a.	Copolymers of vinylidene fluoride having 75 % or more beta crystalline structure without stretching;

b.	Fluorinated polyimides containing 10 % by weight or more of combined fluorine;

c.	Fluorinated phosphazene elastomers containing 30 % by weight or more of combined fluorine;

d.	Polychlorotrifluoroethylene (PCTFE, e.g. Kel-F ®);

e.	Viton fluoro-elastomers;

f.	Polytetrafluoroethylene (PTFE).

II.A1.004

Personal equipment for detecting radiation of nuclear origin, including personal dosimeters

Note: This item does not cover nuclear detection systems defined in item 1A004.c.

1A004.c

II.A1.006

Platinised catalysts, other than those specified in 1A225, specially designed or prepared for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water and substitutes thereof.

1B231, 1A225

II.A1.007

Aluminium and its alloys, other than those specified in 1C002.b.4 or 1C202.a, in crude or semi-fabricated form having either of the following characteristics:

a.	Capable of an ultimate tensile strength of 460 MPa or more at 293 K (20 °C); or

b.	Having a tensile strength of 415 MPa or more at 298 K (25 °C).

1C002.b.4

1C202.a

A2. Materials Processing

Description

Related item from Annex I to Regulation (EC) No 1183/2007

II.A2.002

Machine tools for grinding having positioning accuracies with "all compensations available" equal to or less (better) than 15 μm according to ISO 230/2 (1988) (1) or national equivalents along any linear axis.

Note: This item does not cover machine tools for grinding defined in items 2B201.b and 2B001.c.

2B201.b

2B001.c

II.A2.002a

Components and numerical controls, specially designed for machine tools specified in 2B001, 2B201, or II.A2.002 above.

II.A2.003

Balancing machines and related equipment as follows:

Balancing machines, designed or modified for dental or other medical equipment, having all the following characteristics:

1.	Not capable of balancing rotors/assemblies having a mass greater than 3 kg;

2.	Capable of balancing rotors/assemblies at speeds greater than 12 500 rpm;

3.	Capable of correcting unbalance in two planes or more; and

4.	Capable of balancing to a residual specific unbalance of 0,2 g × mm per kg of rotor mass;

b.	Indicator heads designed or modified for use with machines specified in a. above.

Technical note: Indicator heads are sometimes known as balancing instrumentation.

2B119

II.A2.005

Controlled atmosphere heat treatment furnaces, as follows:

Furnaces capable of operation at temperatures above 400 °C.

2B226, 2B227

II.A2.006

Oxidation furnaces capable of operation at temperatures above 400 °C

2B226, 2B227

II.A2.007

"Pressure transducers", other than those defined in 2B230, capable of measuring absolute pressures at any point in the range 0 to 200 kPa and having both of the following characteristics:

a.	Pressure sensing elements made of or protected by "Materials resistant to corrosion by uranium hexafluoride (UF6)", and

Having either of the following characteristics:

1.	A full scale of less than 200 kPa and an ‧accuracy‧ of better than ± 1 % of full scale; or

2.	A full scale of 200 kPa or greater and an ‧accuracy‧ of better than 2 kPa.

Technical note: For the purposes of 2B230, ‧accuracy‧ includes non-linearity, hysteresis and repeatability at ambient temperature.

2B230

II.A2.008

Liquid-liquid contacting equipment (mixer-settlers, pulsed columns, centrifugal contactors); and liquid distributors, vapour distributors or liquid collectors designed for such equipment, where all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:

1.	Alloys with more than 25 % nickel and 20 % chromium by weight;

2.	Fluoropolymers;

3.	Glass (including vitrified or enamelled coating or glass lining);

4.	Graphite or ‧carbon graphite‧;

5.	Nickel or alloys with more than 40 % nickel by weight;

6.	Tantalum or tantalum alloys;

7.	Titanium or titanium alloys;

8.	Zirconium or zirconium alloys; or

9.	Stainless steel.

Technical note: ‧Carbon graphite‧ is a composition consisting of amorphous carbon and graphite, in which the graphite content is 8 % or more by weight.

2B350.e

II.A2.009

Industrial equipment and components, other than those specified in 2B350.d, as follows:

Heat exchangers or condensers with a heat transfer surface area greater than 0,05 m2, and less than 30 m2; and tubes, plates, coils or blocks (cores) designed for such heat exchangers or condensers, where all surfaces that come in direct contact with the fluid(s) are made from any of the following materials:

1.	Alloys with more than 25 % nickel and 20 % chromium by weight;

2.	Fluoropolymers;

3.	glass (including vitrified or enamelled coating or glass lining);

4.	Graphite or ‧carbon graphite‧;

5.	Nickel or alloys with more than 40 % nickel by weight;

6.	Tantalum or tantalum alloys;

7.	Titanium or titanium alloys;

8.	Zirconium or zirconium alloys;

9.	Silicon carbide;

10.	Titanium carbide; or

11.	Stainless steel.

Note: This item does not cover vehicle radiators.

2B350.d

II.A2.010

Multiple-seal, and seal-less pumps, other than those specified in 2B350.i, suitable for corrosive fluids, with manufacturer's specified maximum flow-rate greater than 0,6 m3/hour, or vacuum pumps with manufacturer's specified maximum flow-rate greater than 5 m3/hour [measured under standard temperature (273 K or 0 °C) and pressure (101,3 kPa) conditions]; and casings (pump bodies), preformed casing liners, impellers, rotors or jet pump nozzles designed for such pumps, in which all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:

1.	Stainless steel,

2.	Aluminium alloy.

A6. Sensors and Lasers

Description

Related item from Annex I to Regulation (EC) No 1183/2007

II.A6.002

Infrared optics in the wavelength range 9 μm – 17 μm and components thereof, including cadmium telluride (CdTe) components.

Note: This item does not cover cameras and components defined in item 6A003.

6A003

II.A6.005

Semiconductor "lasers" and components thereof, as follows:

a.	Individual semiconductor "lasers" with an output power greater than 200 mW each, in quantities larger than 100;

b.	Semiconductor "laser" arrays having an output power greater than 20 W.

1.	Semiconductor "lasers" are commonly called "laser" diodes.

2.	This item does not cover "lasers" defined in items 0B001.g.5, 0B001.h.6 and 6A005.b.

3.	This item does not cover "laser" diodes with a wavelength in the range 1 200 nm – 2 000 nm.

6A005.b

II.A6.007

Solid state "tunable""lasers" and specially designed components thereof as follows:

a.	Titanium-sapphire lasers,

b.	Alexandrite lasers.

Note: This item does not cover titanium-sapphire and alexandrite lasers defined in items 0B001.g.5, 0B001.h.6 and 6A005.c.1.

6A005.c.1

II.A6.009

Components of acousto-optics, as follows:

a.	Framing tubes and solid-state imaging devices having a recurrence frequency equal to or exceeding 1 kHz;

b.	Recurrence frequency supplies;

c.	Pockels cells.

6A203.b.4.c

A7. Navigation and Avionics

Description

Related item from Annex I to Regulation (EC) No 1183/2007

II.A7.001

Inertial navigation systems and specially designed components thereof, as follows:

Inertial navigation systems which are certified for use on "civil aircraft" by civil authorities of a State participating in the Wassenaar Arrangement, and specially designed components thereof, as follows:

Inertial navigation systems (INS) (gimballed or strapdown) and inertial equipment designed for "aircraft", land vehicle, vessels (surface or underwater) or "spacecraft" for attitude, guidance or control, having any of the following characteristics, and specially designed components thereof:

1.	Navigation error (free inertial) subsequent to normal alignment of 0,8 nautical mile per hour (nm/hr) ‧Circular Error Probable‧ (CEP) or less (better); or

2.	specified to function at linear acceleration levels exceeding 10 g;

Hybrid Inertial Navigation Systems embedded with Global Navigation Satellite System(s) (GNSS) or with "Data-Based Referenced Navigation" ("DBRN") System(s) for attitude, guidance or control, subsequent to normal alignment, having an INS navigation position accuracy, after loss of GNSS or "DBRN" for a period of up to four minutes, of less (better) than 10 metres ‧Circular Error Probable‧ (CEP);

Inertial Equipment for Azimuth, Heading, or North Pointing having any of the following characteristics, and specially designed components thereof:

1.	Designed to have an Azimuth, Heading, or North Pointing accuracy equal to, or less (better) than 6 arc / minutes RMS at 45 degrees latitude; or

2.	Designed to have a non-operating shock level of at least 900 g at a duration of at least 1 msec.

Note: The parameters of I.a. and I.b. are applicable with any of the following environmental conditions:

Input random vibration with an overall magnitude of 7,7 g rms in the first half hour and a total test duration of one and a half hours per axis in each of the three perpendicular axes, when the random vibration meets the following:

a.	A constant power spectral density (PSD) value of 0,04 g2/Hz over a frequency interval of 15 to 1 000 Hz; and

b.	The PSD attenuates with a frequency from 0,04 g2/Hz to 0,01 g2/Hz over a frequency interval from 1 000 to 2 000 Hz;

2.	A roll and yaw rate equal to or greater than + 2,62 radian/s (150 deg/s); or

3.	According to national standards equivalent to 1. or 2. above.

1.	I.b. refers to systems in which an INS and other independent navigation aids are built into a single unit (embedded) in order to achieve improved performance.

2.	‧Circular Error Probable‧ (CEP) – In a circular normal distribution, the radius of the circle containing 50 percent of the individual measurements being made, or the radius of the circle within which there is a 50 percent probability of being located.

II.	Theodolite systems incorporating inertial equipment specially designed for civil surveying purposes and designed to have an Azimuth, Heading, or North Pointing accuracy equal to, or less (better) than 6 arc minutes RMS at 45 degrees latitude, and specially designed components thereof.

III.	Inertial or other equipment using accelerometers specified in 7A001 or 7A101, where such accelerometers are specially designed and developed as MWD (Measurement While Drilling) sensors for use in downhole well services operations.

7A003, 7A103

II.B. TECHNOLOGY

No	Description	Related item from Annex I to Regulation (EC) No 1183/2007
II.B.001	Technology required for the development, production or use of the items in Part A. II. (Goods) above."

ANNEX III

‘ANNEX III

Web sites for information on the competent authorities referred to in Articles 3(4), 3(5), 4a, 5(3), 6, 8, 9, 10(1), 10(2), 11a, 11b, 13(1) and 17, and address for notifications to the European Commission

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://foreign-affairs.net/home/index.aspx?id=28519

GREECE

http://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

Address for notifications to the European Commission:

European Commission

DG External Relations

Directorate A Crisis Platform — Policy Coordination in Common Foreign and Security Policy (CFSP)

Unit A.2. Crisis Response and Peace Building

CHAR 12/106

B-1049 Bruxelles/Brussel (Belgium)

E-mail: relex-sanctions@ec.europa.eu

Tel.: (32-2) 295 55 85

Fax: (32-2) 299 08 73’

ANNEX IV

‘ANNEX VI

List of credit and financial institutions referred to in Article 11a(2)

Branches and subsidiaries, where they come within the scope of Article 18, of credit and financial institutions domiciled in Iran as referred to in Article 11a(2)(b) (1)

1. BANK MELLI IRAN*

France

43 Avenue Montaigne, 75008 Paris

BIC: MELIFRPP

Germany

Holzbrücke 2, D-20459, Hamburg

BIC: MELIDEHH

United Kingdom

Melli Bank plc

One London Wall, 11th Floor, London EC2Y 5EA

BIC: MELIGB2L

2. BANK SEPAH*

France

64 rue de Miromesnil, 75008 Paris

BIC: SEPBFRPP

Germany

Hafenstraße 54, D-60327 Frankfurt am Main

BIC: SEPBDEFF

Italy

Via Barberini 50, 00187 Rome

BIC: SEPBITR1

United Kingdom

Bank Sepah International plc

5/7 Eastcheap, London EC3M 1JT

BIC: SEPBGB2L

3. BANK SADERAT IRAN

France

Bank Saderat Iran

16 Rue de la Paix, 75002 Paris

BIC: BSIRFRPP

TELEX: 220287 SADER A / SADER B

Germany

Hamburg Branch

P.O. Box 112227, Deichstraße 11, D-20459 Hamburg

BIC: BSIRDEHH

TELEX: 215175 SADBK D

Frankfurt Branch

P.O. Box 160151, Friedensstraße 4, D-60311 Frankfurt am Main

BIC: BSIRDEFF

Greece

Athens Branch

PO Box 4308, 25-29 Venizelou St, GR 105 64 Athens

BIC: BSIRGRAA

TELEX: 218385 SABK GR

United Kingdom

Bank Saderat plc

5 Lothbury, London EC2R 7HD

BIC: BSPLGB2L

TELEX: 883382 SADER G

4. BANK TEJARAT

France

Bank Tejarat

124-126 Rue de Provence, 75008 Paris

BIC: BTEJFRPP

TELEX: 281972 F, 281973 F BKTEJ

5. PERSIA INTERNATIONAL BANK plc

United Kingdom

Head Office and Main Branch

6 Lothbury, London EC2R 7HH

BIC: PIBPGB2L

TELEX: 885426

Branches and subsidiaries, where they do not come within the scope of Article 18, of credit and financial institutions domiciled in Iran and credit and financial institutions that are neither domiciled in Iran nor come within the scope of Article 18 but are controlled by persons and entities domiciled in Iran, as referred to in Article 11a(2)(c) and (d) (2)

1. BANK MELLI*

Azerbaijan

Bank Melli Iran Baku Branch

Nobel Ave. 14, Baku

BIC: MELIAZ22

Iraq

No.111-27 Alley – 929 District – Arasat Street, Baghdad

BIC: MELIIQBA

Oman

Oman Muscat Branch

P.O. Box 5643, Mossa Abdul Rehman Hassan Building, 238 Al Burj St., Ruwi, Muscat, Oman 8 /

P.O. BOX 2643 PC 112

BIC: MELIOMR

China

Melli Bank HK (branch of Melli Bank PLC)

Unit 1703-04, Hong Kong Club Building, 3A Chater Road, Central Hong Kong

BIC: MELIHKHH

Egypt

Representative Office

P.O. Box 2654, First Floor, Flat No 1, Al Sad el Aaly Dokhi.

Tel.: 2700605 / Fax: 92633

United Arab Emirates

Regional Office

P.O. Box: 1894, Dubai

BIC: MELIAEAD

Abu Dhabi branch

Post box No 2656 Street name: Hamdan Street

BIC: MELIAEADADH

Al Ain branch

Post box No 1888 Street name: Clock Tower, Industrial Road

BIC: MELIAEADALN

Bur Dubai branch

Post box No 3093 Street name: Khalid Bin Waleed Street

BIC: MELIAEADBR2

Dubai Main branch

Post box No 1894 Street name: Beniyas Street

BIC: MELIAEAD

Fujairah branch

Post box No 248 Street name: Al Marash R/A, Hamad Bin Abdullah Street

BIC: MELIAEADFUJ

Ras al-Khaimah branch

Post box No 5270 Street name: Oman Street, Al Nakheel

BIC: MELIAEADRAK

Sharjah branch

Post box No 459 Street name: Al Burj Street

BIC: MELIAEADSHJ

Russian Federation

No 9/1 ul. Mashkova, 103064 Moscow

BIC: MELIRUMM

Japan

Representative Office

333 New Tokyo Bldg, 3-1 Marunouchi, 3 Chome, Chiyoda-ku.

Tel.: 332162631. Fax (3)32162638. TELEX: J296687

2. BANK MELLAT

South Korea

Bank Mellat Seoul Branch

Keumkang Tower 13/14th Floor, Tehran road 889-13, Daechi-dong Gangnam-Ku, 135 280, Seoul

BIC: BKMTKRSE

TELEX: K36019 MELLAT

Turkey

Istanbul Branch

1 Binbircicek Sokak, Buyukdere Caddessi Levent -Istanbul

BIC: BKMTTRIS

TELEX: 26023 MELT TR

Ankara Branch

Ziya Gokalp Bulvari No: 12 06425 Kizilay-Ankara

BIC: BKMTTRIS100

TELEX: 46915 BMEL TR

Izmir Branch

Cumhuriyet Bulvari No: 88/A P.K 71035210 Konak-Izmir

BIC: BKMTTRIS 200

TELEX: 53053 BMIZ TR

Armenia

Yerevan Branch

6 Amiryan Str. P.O. Box: 375010 P/H 24 Yerevan

BIC: BKMTAM 22

TELEX: 243303 MLTAR AM 243110 BMTRAM

3. PERSIA INTERNATIONAL BANK plc

United Arab Emirates

Dubai Branch

The Gate Building, 4th Floor, P.O.BOX 119871, Dubai

BIC: PIBPAEAD

4. BANK SADERAT IRAN

Lebanon

Regional Office

Mar Elias – Mteco Center, PO BOX 5126, Beirut

BIC: BSIRLBBE

Beirut Main Branch

Verdun street – Alrose building

P.O. BOX 5126 Beirut / P.O. BOX 6717 Hamra

BIC: BSIRLBBE

TELEX: 48602 – 20738, 21205 – SADBNK

Alghobeiri Branch

No 3528, Alghobeiry BLVD, Jawhara BLDG Abdallah El Hajje str. –Ghobeiri BLVD, Alghobeiri

BIC: BSIRLBBE

Baalbak Branch

No 3418, Ras Elein str., Baalbak

BIC: BSIRLBBE

Borj al Barajneh Branch

No 4280, Al Holam BLDG, Al Kafaat cross, Al Maamoura str., Sahat Mreyjeh, 1st Floor

BIC: BSIRLBBE

Saida Branch

No 4338, Saida – Riad Elsoleh BLVD. Ali Ahmad BLG.

BIC: BSIRLBBE

Oman

BLDG 606, Way 4543, 145 Complex, Ruwi High Street, Ruwi, P.O. BOX 1269, Muscat

BIC: BSIROMR

TELEX: 3146

Qatar

Doha branch

No 2623, Grand Hamad ave., P.O. BOX 2256, Doha

BIC: BSIR QA QA

TELEX: 4225

Turkmenistan

Bank Saderat Iran Ashkhabad branch

Makhtoomgholi ave., No 181, Ashkhabad

TELEX: 1161134-86278

United Arab Emirates

Regional office Dubai

Al Maktoum road, PO BOX 4182 Deira, Dubai

BIC: BSIRAEAD / BSIRAEADDLR / BSIRAEADLCD

TELEX: 45456 SADERBANK

Murshid Bazar Branch

Murshid Bazar P.O. Box 4182

Deira, Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Bur Dubai Branch

Al Fahidi Road

P.O.Box 4182 Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Ajman Branch

No 2900 Liwara street, PO BOX 16, Ajman, Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Shaykh Zayed Road Branch

Shaykh Road, Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Abu Dhabi Branch

No 2690 Hamdan street, PO BOX 2656, Abu Dhabi

BIC: BSIRAEAD

TELEX: 22263

Al Ein Branch

No 1741, Al Am Road, PO BOX 1140, Al Ein, Abu Dhabi

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Sharjah Branch

No 2776 Alaroda road, PO BOX 316, Sharjah

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Bahrain

Bahrein branch

106 Government Road; P.O. Box 825, Block No 316; Entrance No 3; Manama Center; Manama

TELEX: 8363 SADER BANK

OBU

P.O. Box 825 – Manama

TELEX: 8688 SADER BANK

Uzbekian

Bank Saderat Iran Tashkent

10 Tchekhov street, Mirabad district, 100060 Tashkent

BIC: BSIRUZ21

TELEX: 116134 BSITA UZ

5. TEJARAT BANK

Tajikistan

No 70, Rudaki Ave., Dushanbe

P.O. Box: 734001

BIC: BTEJTJ22XXX

TELEX: 201135 BTDIR TJ

China

Representative Office China

Office C208 Beijing Lufthansa Center No 50 Liangmaqiao Road Chaoyang District Beijing 100016

6. ARIAN BANK (also known as Aryan Bank)

Afghanistan

Head Office

House No 2, Street No 13, Wazir Akbar Khan, Kabul

BIC: AFABAFKA

Harat branch

No 14301(2), Business Room Building, Banke Khoon road, Harat

BIC: AFABAFKA

7. FUTURE BANK

Bahrain

Future Bank

P.O. Box 785, Government Avenue 304, Manama

Shop 57, Block No 624 Shaikh Jaber Al Ahmed Al Sabah Avenue-Road No 4203, Sitra

BIC: FUBBBHBM / FUBBBHBMOBU / FUBBBHBMXXX / FUBBBHBMSIT

8. BANCO INTERNACIONAL DE DESARROLLO, SA

Venezuela

Banco internacional de Desarrollo, Banco Universal

Avenida Francisco de Miranda, Torre Dosza, Piso 8, El Rosal, Chacao, Caracas

BIC: IDUNVECAXXX’

(1) Entities marked * are also subject to asset freezing within the meaning of Article 5(1)(a) and (b) of Common Position 2007/140/CFSP.

(2) See footnote 1.

11.11.2008

Official Journal of the European Union

L 300/29

COMMISSION REGULATION (EC) No 1111/2008

of 10 November 2008

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 11 November 2008.

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

Done at Brussels, 10 November 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 350, 31.12.2007, p. 1.

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	AL	34,6
	MA	50,9
	MK	46,2
	TR	69,0
	ZZ	50,2
0707 00 05	JO	175,3
	MA	30,8
	TR	130,0
	ZZ	112,0
0709 90 70	MA	62,9
	TR	128,3
	ZZ	95,6
0805 20 10	MA	83,8
0805 20 10	ZZ	83,8
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90	HR	24,7
	MA	81,0
	TR	82,3
	ZZ	62,7
0805 50 10	AR	82,1
	MA	88,3
	TR	82,2
	ZA	90,0
	ZZ	85,7
0806 10 10	BR	226,4
	TR	109,7
	US	256,2
	ZA	197,4
	ZZ	197,4
0808 10 80	AL	32,1
	AR	75,0
	CA	96,0
	CL	64,2
	MK	37,6
	NZ	104,3
	US	103,1
	ZA	95,8
	ZZ	76,0
0808 20 50	CN	53,6
	TR	124,9
	ZZ	89,3

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

11.11.2008

Official Journal of the European Union

L 300/31

COMMISSION REGULATION (EC) No 1112/2008

of 10 November 2008

amending Regulation (EC) No 1731/2006 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 170 in conjunction with Article 4 thereof,

Whereas:

(1)	Commission Regulation (EC) No 1731/2006 (2) provides for the necessary measures and conditions to guarantee that the preserved products eligible for export refunds are produced solely from beef and veal, and that the meat is of Community origin.

(2)

The constraints imposed by Regulation (EC) No 1731/2006 as regards the presentation of the meat to the customs authorities have proved to create practical and unnecessary problems to the concerned operators. Moreover the constraints imposed by the Regulation as regards the fulfilment of export formalities complicate the tasks of customs authorities in those Member States where electronic customs systems are already applied.

(3)

To make the implementation of Regulation (EC) No 1731/2006 easier, the conditions relating to the presentation of the meat to the customs authorities and the export formalities therein should thus be simplified whilst ensuring the effectiveness and transparency of the control by the customs authorities.

(4)	Regulation (EC) No 1731/2006 should therefore be amended.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1731/2006 is amended as follows:

1.	In Article 3(1), the third subparagraph is replaced by the following: ‘The meat shall be presented and labelled in a manner which ensures it is clearly identifiable and can be easily associated with the accompanying declaration.’

In Article 6, paragraph 1 is replaced by the following:

‘1. Operators shall enter the reference number of the declaration(s) referred to in Article 3(1) of this Regulation on the export declaration(s) referred to in Article 5 of Regulation (EC) No 800/1999 together with the quantities and identification details of the preserved products exported corresponding to each declaration.’

Article 2

This Regulation shall enter into force on the third day following 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, 10 November 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 325, 24.11.2006, p. 12.

11.11.2008

Official Journal of the European Union

L 300/32

COMMISSION REGULATION (EC) No 1113/2008

of 10 November 2008

establishing a prohibition of fishing for common sole in VIIIa and b by vessels flying the flag of Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

(1)

Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008.

(2)	According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.

(3)	It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2008 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

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 all Member States.

Done at Brussels, 10 November 2008.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

(1) OJ L 358, 31.12.2002, p. 59.

(2) OJ L 261, 20.10.1993, p. 1.

(3) OJ L 19, 23.1.2008, p. 1.

ANNEX

No	55/T&Q
Member State	ESP
Stock	SOL/8AB.
Species	Common sole (Solea solea)
Area	VIIIa and b
Date	2.9.2008

11.11.2008

Official Journal of the European Union

L 300/34

COMMISSION REGULATION (EC) No 1114/2008

of 10 November 2008

establishing a prohibition of fishing for common sole in IIIa, EC waters of IIIb, IIIc and IIId by vessels flying the flag of Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

(1)

(2)	According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.

(3)	It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

Article 2

Prohibitions

Article 3

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 all Member States.

Done at Brussels, 10 November 2008.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

(1) OJ L 358, 31.12.2002, p. 59.

(2) OJ L 261, 20.10.1993, p. 1.

(3) OJ L 19, 23.1.2008, p. 1.

ANNEX

No	56/T&Q
Member State	SWE
Stock	SOL/3A/BCD
Species	Common sole (Solea solea)
Area	IIIa, EC waters of IIIb, IIIc and IIId
Date	22.9.2008

11.11.2008

Official Journal of the European Union

L 300/36

COMMISSION DECISION

of 7 November 2008

on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster)

(notified under document number C(2008) 6631)

(2008/840/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the third sentence of Article 16(3) thereof,

Whereas:

(1)

In Section I of Part A of Annex I to Directive 2000/29/EC, Anoplophora malasiaca (Forster) and Anoplophora chinensis (Thomson) are listed. Recent studies have found that those two denominations cover in fact one single species of harmful organism. For the purposes of this Decision it is therefore appropriate to use the single revised scientific denomination Anoplophora chinensis (Forster) to designate what is listed in that Annex as Anoplophora malasiaca (Forster) and Anoplophora chinensis (Thomson).

(2)

Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism whether or not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.

(3)

As a result of the presence of Anoplophora chinensis (Forster) on various host plants in the region of Lombardy, Italy informed the Commission and the other Member States on 23 November 2007 that it had adopted additional measures on 9 November 2007 to prevent the further introduction into and spread within its territory of that organism.

(4)	As a result of findings of Anoplophora chinensis (Forster) on various host plants in the Netherlands, the Commission and other Member States were informed on 21 January 2008 of the measures taken to eradicate that organism in the Netherlands.

(5)

Anoplophora chinensis (Forster) has been recently intercepted on many consignments of plants for planting of Acer spp. originating in third countries. At present, there are no special requirements in relation to this harmful organism for plants of Acer spp., nor for other plants which are amongst the most susceptible hosts plants, originating in third countries or in the Community.

(6)	A pest risk analysis on Anoplophora chinensis (Forster) was released in 2008 by the Netherlands, which concluded that there is a very high probability of establishment of the organism in the Community and a high potential of economic damage to several host plants.

(7)

It is therefore necessary to take emergency measures against the introduction into and spread within the Community of Anoplophora chinensis (Forster). The measures should apply to a list of plants of any origin, the ‘specified plants’, known to be hosts of Anoplophora chinensis (Forster) and which present the highest risk of being infested.

(8)

Measures should be defined for the import of the specified plants as regards their production in third countries and inspections at entry into the Community. Measures should also be defined for the production, movement and control of the specified plants originating in areas in the Community where the presence of Anoplophora chinensis (Forster) is confirmed.

(9)

Detailed measures should be laid down in areas in the Community where the presence of Anoplophora chinensis (Forster) is confirmed, i.e. the infested zones. In those zones, appropriate measures to eradicate the organism and intensive monitoring of its presence should be applied. In the areas surrounding such areas, i.e. the buffer zones, intensive monitoring for the presence of the organism should take place. In case of the first detection of the organism in an area in the Community, the size of the relevant buffer zone might be reduced to reflect better the more limited risk of spreading.

(10)	A survey to check for the presence or continued absence of Anoplophora chinensis (Forster) should be carried out on host plants in all Member States.

(11)	It is appropriate that the measures be reviewed by 31 May 2009 taking into account the availability, after one growing season, of the results of the official surveys and examinations by Member States of specified plants imported and being moved within the Community under the emergency measures.

(12)	Member States should, if necessary, adapt their legislation in order to comply with this Decision.

(13)	The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purpose of this Decision, the following definitions shall apply:

(a)

‘specified plants’ means plants for planting, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp.;

(b)	‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5 (2).

Article 2

Import of the specified plants

Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present, may only be introduced into the Community if:

(a)	they comply with the specific import requirements in point (1) of Section I of Annex I;

(b)

without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Community they are inspected by the responsible official body in accordance with point (2) of Section I of Annex I to this Decision for the presence of Anoplophora chinensis (Forster), and no signs of that organism have been found.

Article 3

Movement of specified plants within the Community

Specified plants originating in demarcated areas within the Community established in accordance with Article 5 may be moved within the Community only if they meet the conditions set out in point (1) of Section II of Annex I.

Specified plants imported in accordance with Article 2 from third countries where Anoplophora chinensis (Forster) is known to be present, may be moved within the Community only if they meet the conditions set out in point (2) of Section II of Annex I.

Article 4

Surveys

Member States shall conduct official annual surveys for the presence of Anoplophora chinensis (Forster) and for the evidence of infestation by that organism on host plants in their territory.

Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of those surveys, together with the list and delimitation of demarcated areas referred to in Article 5 of this Decision, shall be notified to the Commission and to the other Member States by 30 April of each year.

Article 5

Demarcated areas

When the results of the surveys referred to in Article 4 confirm the presence of Anoplophora chinensis (Forster) in an area, or there is evidence of the presence of that organism by other means, Member States shall define demarcated areas, which shall consist of infested zone and of buffer zone, in accordance with Section 1 of Annex II.

The Member States shall take official measures in the demarcated areas as laid down in Section 2 of Annex II.

Article 6

Compliance

Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of Anoplophora chinensis (Forster) in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Article 7

Review

This Decision shall be reviewed by 31 May 2009 at the latest.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 7 November 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1.

(2) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 by the Secretariat of the International Plant Protection Convention, Rome.

ANNEX I

EMERGENCY MEASURES REFERRED TO IN ARTICLES 2 AND 3

I. Specific import requirements

(1)

Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries where Anoplophora chinensis (Forster) is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that:

(a)

the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or

(b)

the plants have been grown, during a period of at least two years prior to export, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary Measures:

(i)	which is registered and supervised by the national plant protection organisation in the country of origin; and

(ii)	which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; and

(iii)

where the plants have been grown in a site:

—	with complete physical protection against the introduction of Anoplophora chinensis (Forster); or

—

with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and

(iv)	where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.

(2)

Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC (1). Inspection methods applied shall ensure the detection of any signs of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.

II. Conditions for movement

(1)

Specified plants originating in demarcated areas within the Community may be moved within the Community only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC (2) and have been grown during a period of at least two years prior to movement in a place of production:

(i)	which is registered according to Commission Directive 92/90/EEC (3); and

(ii)	which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and

(iii)

where the plants were placed in a site:

—	with complete physical protection against the introduction of Anoplophora chinensis (Forster); or

—

with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.

(2)	Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present in accordance with Section I may be moved within the Community only if they are accompanied by the plant passport referred to in point (1).

(1) OJ L 313, 12.10.2004, p. 16.

(2) OJ L 4, 8.1.1993, p. 22.

(3) OJ L 344, 26.11.1992, p. 38.

ANNEX II

EMERGENCY MEASURES REFERRED TO IN ARTICLE 5

1. Establishment of demarcated areas

(a)

The demarcated areas referred to in Article 5 shall consist of the following parts:

(i)	an infested zone which is the zone where the presence of Anoplophora chinensis (Forster) has been confirmed, and which includes all plants showing symptoms caused by Anoplophora chinensis (Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,

(ii)	a buffer zone with a radius of at least two km beyond the boundary of the infested zone.

(b)

The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology of Anoplophora chinensis (Forster), the level of infestation, the particular distribution of the specified plants in the area concerned and evidence of establishment of the harmful organism. In case of the first detection of the organism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not less than one km beyond the boundary of the infested zone.

(c)	If the presence of Anoplophora chinensis (Forster) is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest freedom of the buffer zone.

(d)	If, based on the annual surveys referred to in point 2(b), Anoplophora chinensis (Forster) is not detected in a demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred to in point 2 shall no longer apply.

2. Measures in demarcated areas

The official measures referred to in Article 5 to be taken in the demarcated areas, shall include at least the following:

(a)	in the infested zone, appropriate measures aiming at eradicating Anoplophora chinensis (Forster), including the felling and destruction of infested plants and plants with signs of Anoplophora chinensis (Forster), including the roots, annually before 30 April;

(b)	in the infested zone and the buffer zone, intensive monitoring for the presence of Anoplophora chinensis (Forster) by inspections carried out annually on host plants of the organism at appropriate times.

11.11.2008

Official Journal of the European Union

L 300/42

COUNCIL FRAMEWORK DECISION 2008/841/JHA

of 24 October 2008

on the fight against organised crime

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 29, 31(1)(e) and 34(2)(b) thereof,

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

The objective of the Hague Programme is to improve the common capability of the Union and the Member States for the purpose, among others, of combating transnational organised crime. This objective is to be pursued by, in particular, the approximation of legislation. Closer cooperation between the Member States of the European Union is needed in order to counter the dangers and proliferation of criminal organisations and to respond effectively to citizens’ expectations and Member States’ own requirements. In this respect point 14 of the conclusions of the Brussels European Council of 4 and 5 November 2004 states that the citizens of Europe expect the European Union, while guaranteeing respect for fundamental freedoms and rights, to take a more effective, combined approach to cross-border problems such as organised crime.

(2)

In its Communication of 29 March 2004 on measures to be taken to combat terrorism and other forms of serious crime, the Commission considered that the facilities available for combating organised crime in the EU needed to be strengthened and stated that it would draw up a Framework Decision to replace Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (2).

(3)

Point 3.3.2 of the Hague Programme states that the approximation of substantive criminal law serves the purpose of facilitating mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters and concerns areas of particularly serious crime with cross-border dimensions and that priority should be given to areas of crime that are specifically mentioned in the Treaties. The definition of offences relating to participation in a criminal organisation should therefore be approximated in the Member States. Thus, this Framework Decision should encompass crimes which are typically committed in a criminal organisation. It should provide, moreover, for the imposition of penalties corresponding to the seriousness of those offences, on natural and legal persons who committed them or are responsible for their commission.

(4)	The obligations arising by virtue of Article 2(a) should be without prejudice to Member States’ freedom to classify other groups of persons as criminal organisations, for example, groups whose purpose is not financial or other material gain.

(5)	The obligations arising by virtue of Article 2(a) should be without prejudice to the Member States’ freedom to interpret the term ‘criminal activities’ as implying the carrying out of material acts.

(6)	The European Union should build on the important work done by international organisations, in particular the United Nations Convention Against Transnational Organised Crime (the ‘Palermo Convention’), which was concluded, on behalf of the European Community, by Council Decision 2004/579/EC (3).

(7)

Since the objectives of this Framework Decision cannot be sufficiently achieved by the Member States, and can therefore, by reason of the scale 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 of the Treaty establishing European Community, as applied by the second paragraph of Article 2 of the Treaty on European Union. In accordance with the principle of proportionality this Framework Decision does not go beyond what is necessary to achieve those objectives.

(8)

This Framework Decision respects the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, and in particular Articles 6 and 49 thereof. Nothing in this Framework Decision is intended to reduce or restrict national rules relating to fundamental rights or freedoms such as due process, the right to strike, freedom of assembly, of association, of the press or of expression, including the right of everyone to form and to join trade unions with others for the protection of his or her interests and the related right to demonstrate.

(9)	Joint Action 98/733/JHA should therefore be repealed,

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Definitions

For the purposes of this Framework Decision:

‘criminal organisation’ means a structured association, established over a period of time, of more than two persons acting in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, to obtain, directly or indirectly, a financial or other material benefit;

2.	‘structured association’ means an association that is not randomly formed for the immediate commission of an offence, nor does it need to have formally defined roles for its members, continuity of its membership, or a developed structure.

Article 2

Offences relating to participation in a criminal organisation

Each Member State shall take the necessary measures to ensure that one or both of the following types of conduct related to a criminal organisation are regarded as offences:

(a)

conduct by any person who, with intent and with knowledge of either the aim and general activity of the criminal organisation or its intention to commit the offences in question, actively takes part in the organisation’s criminal activities, including the provision of information or material means, the recruitment of new members and all forms of financing of its activities, knowing that such participation will contribute to the achievement of the organisation’s criminal activities;

(b)	conduct by any person consisting in an agreement with one or more persons that an activity should be pursued, which if carried out, would amount to the commission of offences referred to in Article 1, even if that person does not take part in the actual execution of the activity.

Article 3

Penalties

1. Each Member State shall take the necessary measures to ensure that:

(a)	the offence referred to in Article 2(a) is punishable by a maximum term of imprisonment of at least between two and five years; or

(b)	the offence referred to in Article 2(b) is punishable by the same maximum term of imprisonment as the offence at which the agreement is aimed, or by a maximum term of imprisonment of at least between two and five years.

2. Each Member State shall take the necessary measures to ensure that the fact that offences referred to in Article 2, as determined by this Member State, have been committed within the framework of a criminal organisation, may be regarded as an aggravating circumstance.

Article 4

Special circumstances

Each Member State may take the necessary measures to ensure that the penalties referred to in Article 3 may be reduced or that the offender may be exempted from penalties if he, for example:

(a)	renounces criminal activity; and

(b)

provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:

(i)	prevent, end or mitigate the effects of the offence;

(ii)	identify or bring to justice the other offenders;

(iii)

find evidence;

(iv)	deprive the criminal organisation of illicit resources or of the proceeds of its criminal activities; or

(v)	prevent further offences referred to in Article 2 from being committed.

Article 5

Liability of legal persons

1. Each Member State shall take the necessary measures to ensure that legal persons may be held liable for any of the offences referred to in Article 2 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on one of the following:

(a)	a power of representation of the legal person;

(b)	an authority to take decisions on behalf of the legal person; or

(c)	an authority to exercise control within the legal person.

2. Member States shall also take the necessary measures to ensure that legal persons may be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission, by a person under its authority, of any of the offences referred to in Article 2 for the benefit of that legal person.

3. Liability of legal persons under paragraphs 1 and 2 shall be without prejudice to criminal proceedings against natural persons who are perpetrators of, or accessories to, any of the offences referred to in Article 2.

4. For the purpose of this Framework Decision ‘legal person’ shall mean any entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations.

Article 6

Penalties for legal persons

1. Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 5(1) is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties, for example:

(a)	exclusion from entitlement to public benefits or aid;

(b)	temporary or permanent disqualification from the practice of commercial activities;

(c)	placing under judicial supervision;

(d)	judicial winding-up;

(e)	temporary or permanent closure of establishments which have been used for committing the offence.

2. Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 5(2) is punishable by penalties or measures which are effective, proportionate and dissuasive.

Article 7

Jurisdiction and coordination of prosecution

1. Each Member State shall ensure that its jurisdiction covers at least the cases in which the offences referred to in Article 2 were committed:

(a)	in whole or in part within its territory, wherever the criminal organisation is based or pursues its criminal activities;

(b)	by one of its nationals; or

(c)	for the benefit of a legal person established in the territory of that Member State.

A Member State may decide that it will not apply, or that it will apply only in specific cases or circumstances, the jurisdiction rules set out in (b) and (c) where the offences referred to in Article 2 are committed outside its territory.

2. When an offence referred to in Article 2 falls within the jurisdiction of more than one Member State and when any one of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders, with the aim, if possible, of centralising proceedings in a single Member State. To this end, Member States may have recourse to Eurojust or any other body or mechanism established within the European Union in order to facilitate cooperation between their judicial authorities and the coordination of their action. Special account shall be taken of the following factors:

(a)	the Member State in the territory of which the acts were committed;

(b)	the Member State of which the perpetrator is a national or resident;

(c)	the Member State of the origin of the victims;

(d)	the Member State in the territory of which the perpetrator was found.

3. A Member State which, under its law, does not as yet extradite or surrender its own nationals shall take the necessary measures to establish its jurisdiction over and, where appropriate, to prosecute the offence referred to in Article 2, when committed by one of its nationals outside its territory.

4. This Article shall not exclude the exercise of jurisdiction in criminal matters as laid down by a Member State in accordance with its national legislation.

Article 8

Absence of requirement of a report or accusation by victims

Member States shall ensure that investigations into, or prosecution of, offences referred to in Article 2 are not dependent on a report or accusation made by a person subjected to the offence, at least as regards acts committed in the territory of the Member State.

Article 9

Repeal of existing provisions

Joint Action 98/733/JHA is hereby repealed.

References to participation in a criminal organisation within the meaning of Joint Action 98/733/JHA in measures adopted pursuant to Title VI of the Treaty on European Union and the Treaty establishing the European Community shall be construed as references to participation in a criminal organisation within the meaning of this Framework Decision.

Article 10

Implementation and reports

1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision before 11 May 2010.

2. The Member States shall transmit to the General Secretariat of the Council and to the Commission, before 11 May 2010, the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report established using this information and a written report transmitted by the Commission, the Council shall, before 11 November 2012, assess the extent to which Member States have complied with the provisions of this Framework Decision.

Article 11

Territorial application

This Framework Decision shall apply to Gibraltar.

Article 12

Entry into force

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

Done at Luxembourg, 24 October 2008.

For the Council

The President

M. ALLIOT-MARIE

(1) Opinion delivered following non-compulsory consultation (not yet published in the Official Journal).

(2) OJ L 351, 29.12.1998, p. 1.

(3) OJ L 261, 6.8.2004, p. 69.

11.11.2008

Official Journal of the European Union

L 300/46

COUNCIL DECISION 2008/842/CFSP

of 10 November 2008

amending Annexes III and IV of Common Position 2007/140/CFSP concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Common Position 2007/140/CFSP (1), and in particular Article 7(2) thereof,

Whereas:

(1)	On 27 February 2007 the Council adopted Common Position 2007/140/CFSP, which was intended to implement United Nations Security Council Resolution 1737 (2006).

(2)	On 7 August 2008 the Council adopted Common Position 2008/652/CFSP (2) amending Common Position 2007/140/CFSP and intended to implement United Nations Security Council Resolution 1803 (2008).

(3)

Common Position 2008/652/CFSP provides, inter alia, that the Member States shall exercise vigilance over the activities of financial institutions within their jurisdiction with all banks domiciled in Iran, and their branches and subsidiaries abroad, in order to avoid such activities contributing to proliferation sensitive nuclear activities or to the development of nuclear weapon delivery systems.

(4)

The Council has identified the branches and subsidiaries abroad of the banks domiciled in Iran to which Common Position 2008/652/CFSP applies. It should be noted that some of the entities in question are also subject to a freezing of assets under Article 5(1)(a) and (b) of Common Position 2007/140/CFSP.

(5)	Annexes III and IV to Common Position 2007/140/CFSP should accordingly be amended,

HAS DECIDED AS FOLLOWS:

Article 1

Annexes III and IV to Common Position 2007/140/CFSP are hereby replaced by the text in the Annex to this Decision.

Article 2

This Decision shall take effect on the date of its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 10 November 2008.

For the Council

The President

B. KOUCHNER

(1) OJ L 61, 28.2.2007, p. 49.

(2) OJ L 213, 8.8.2008, p. 58.

ANNEX

‘

ANNEX III

Branches and subsidiaries within the jurisdiction of the Member States of banks domiciled in Iran referred to in Article 3b(1)(b) (1)

1. BANK MELLI IRAN*

France

43, avenue Montaigne, 75008 Paris

BIC: MELIFRPP

Germany

Holzbrücke 2, D-20459, Hamburg,

BIC: MELIDEHH

United Kingdom

Melli Bank Plc

One London Wall, 11th Floor, London EC2Y 5EA

BIC: MELIGB2L

2. BANK SEPAH*

France

64, rue de Miromesnil, 75008 Paris

BIC: SEPBFRPP

Germany

Hafenstraße 54, D-60327 Frankfurt am Main

BIC: SEPBDEFF

Italy

Via Barberini 50, 00187 Rome

BIC: SEPBITRR

United Kingdom

Bank Sepah International plc

5/7 Eastcheap, London EC3M 1JT

BIC: SEPBGB2L

3. BANK SADERAT IRAN

France

Bank Saderat Iran

16, rue de la Paix, 75002 Paris

BIC: BSIRFRPP

TELEX: 220287 SADER A / SADER B

Germany

Hamburg Branch

P.O. Box 112227, Deichstraße 11, D-20459 Hamburg

BIC: BSIRDEHH

TELEX: 215175 SADBK D

Frankfurt Branch

P.O. Box 160151, Friedensstraße 4, D-60311 Frankfurt am Main

BIC: BSIRDEFF

Greece

Athens Branch

PO Box 4308, 25-29 Venizelou St, GR 105 64 Athens

BIC: BSIRGRAA

TELEX: 218385 SABK GR

United Kingdom

Bank Saderat plc

5 Lothbury, London EC2R 7HD

BIC: BSPLGB2L

TELEX: 883382 SADER G

4. BANK TEJARAT

France

Bank Tejarat

124-126, rue de Provence, 75008 Paris

BIC: BTEJFRPP

TELEX: 281972 F, 281973 F BKTEJ

5. PERSIA INTERNATIONAL BANK plc

United Kingdom

Head Office and Main Branch

6 Lothbury, London, EC2R 7HH

BIC: PIBPGB2L

TELEX: 885426

ANNEX IV

Branches and subsidiaries, outside the jurisdiction of the Member States, of banks domiciled in Iran as well as financial entities that are neither domiciled in Iran nor within the jurisdiction of the Member States but are controlled by persons and entities domiciled in Iran referred to in Article 3b(1)(c) and (d) (2)

1. BANK MELLI*

Azerbaijan

Bank Melli Iran Baku Branch

Nobel Ave. 14, Baku

BIC: MELIAZ22

Iraq

No. 111—27 Alley — 929 District — Arasat street, Baghdad

BIC: MELIIQBA

Oman

Oman Muscat Branch

P.O. Box 5643, Mossa Abdul Rehman Hassan Building, 238 Al Burj St., Ruwi, Muscat, Oman 8/

P.O. BOX 2643 PC 112

BIC: MELIOMR

China

Melli Bank HK (branch of Melli Bank PLC)

Unit 1703-04, Hong Kong Club Building, 3A Chater Road, Central Hong Kong

BIC: MELIHKHH

Egypt

Representative Office

P.O. Box 2654, First Floor, Flat No 1, Al Sad el Aaly Dokhi.

Tel.: 2700605 / Fax: 92633

United Arab Emirates

Regional Office

P.O. Box:1894, Dubai

BIC: MELIAEAD

Abu Dhabi branch

Post box No 2656 Street name: Hamdan Street

BIC: MELIAEADADH

Al Ain branch

Post box No 1888 Street name: Clock Tower, Industrial Road

BIC: MELIAEADALN

Bur Dubai branch

Post box No 3093 Street name: Khalid Bin Waleed Street

BIC: MELIAEADBR2

Dubai Main branch

Post box No 1894 Street name: Beniyas Street

BIC: MELIAEAD

Fujairah branch

Post box No 248 Street name: Al Marash R/A, Hamad Bin Abdullah Street

BIC: MELIAEADFUJ

Ras al-Khaimah branch

Post box No 5270 Street name: Oman Street, Al Nakheel

BIC: MELIAEADRAK

Sharjah branch

Post box No 459 Street name: Al Burj Street

BIC: MELIAEADSHJ

Russian Federation

No 9/1 ul. Mashkova, 103064 Moscow

BIC: MELIRUMM

Japan

Representative Office

333 New Tokyo Bldg, 3-1 Marunouchi, 3 Chome, Chiyoda-ku

Tel.: 332162631. Fax (3)32162638. TELEX: J296687.

2. BANK MELLAT

South Korea

Bank Mellat Seoul Branch

Keumkang Tower 13/14th Floor, Tehran road 889-13, Daechi-dong Gangnam-Ku, 135-280,

Seoul

BIC: BKMTKRSE

TELEX: K36019 MELLAT

Turkey

Istanbul Branch

1 Binbircicek Sokak, Buyukdere Caddessi Levent -Istanbul

BIC: BKMTTRIS

TELEX: 26023 MELT TR

Ankara Branch

Ziya Gokalp Bulvari No:12 06425 Kizilay-Ankara

BIC: BKMTTRIS100

TELEX: 46915 BMEL TR

Izmir Branch

Cumhuriyet Bulvari No:88/A P.K 71035210 Konak-Izmir

BIC: BKMTTRIS 200

TELEX: 53053 BMIZ TR

Armenia

Yerevan Branch

6 Amiryan Str. P.O. Box: 375010 P/H 24 Yerevan

BIC: BKMTAM 22

TELEX: 243303 MLTAR AM 243110 BMTRAM

3. PERSIA INTERNATIONAL BANK plc

United Arab Emirates

Dubai Branch

The Gate Building, 4th Floor, P.O.BOX 119871, Dubai

BIC: PIBPAEAD

4. BANK SADERAT IRAN

Lebanon

Regional Office

Mar Elias – Mteco Center, PO BOX 5126, Beirut

BIC: BSIRLBBE

Beirut Main Branch

Verdun street – Alrose building

P.O. BOX 5126 Beirut / P.O.BOX 6717 Hamra

BIC: BSIRLBBE

TELEX: 48602 – 20738, 21205 – SADBNK

Alghobeiri Branch

No 3528, Alghobeiry BLVD, Jawhara BLDG Abdallah El Hajje str. –Ghobeiri BLVD, Alghobeiri

BIC: BSIRLBBE

Baalbak Branch

No 3418, Ras Elein str., Baalbak

BIC: BSIRLBBE

Borj al Barajneh Branch

No 4280, Al Holam BLDG, Al Kafaat cross, Al Maamoura str., Sahat Mreyjeh, 1st Floor

BIC: BSIRLBBE

Saida Branch

No 4338, Saida – Riad Elsoleh BLVD. Ali Ahmad BLG.

BIC: BSIRLBBE

Oman

BLDG 606, Way 4543, 145 Complex, Ruwi High Street, Ruwi, P.O. BOX 1269, Muscat

BIC: BSIROMR

TELEX: 3146

Qatar

Doha branch

No 2623, Grand Hamad ave., P.O. BOX 2256, Doha

BIC: BSIR QA QA

TELEX: 4225

Turkmenistan

Bank Saderat Iran Ashkhabad branch

Makhtoomgholi ave., No 181, Ashkhabad

TELEX: 1161134-86278

United Arab Emirates

Regional office Dubai

Al Maktoum road, PO BOX 4182 Deira, Dubai

BIC: BSIRAEAD / BSIRAEADDLR / BSIRAEADLCD

TELEX: 45456 SADERBANK

Murshid Bazar Branch

Murshid Bazar P.O. Box 4182

Deira, Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Bur Dubai Branch

Al Fahidi Road

P.O.Box 4182 Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Ajman Branch

No 2900 Liwara street, PO BOX 16, Ajman, Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Shaykh Zayed Road Branch

Shaykh Road, Dubai

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Abu Dhabi Branch

No 2690 Hamdan street, PO BOX 2656, Abu Dhabi

BIC: BSIRAEAD

TELEX: 22263

Al Ein Branch

No 1741, Al Am Road, PO BOX 1140, Al Ein, Abu Dhabi

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Sharjah Branch

No 2776 Alaroda road, PO BOX 316, Sharjah

BIC: BSIRAEAD

TELEX: 45456 SADERBANK

Bahrain

Bahrein branch

106 Government Road; P.O. Box 825, Block No 316;Entrance No 3; Manama Center;

Manama

TELEX: 8363 SADER BANK

OBU

P.O. Box 825 - Manama

TELEX: 8688 SADER BANK

Uzbekistan

Bank Saderat Iran Tashkent

10 Tchekhov street, Mirabad district, 100060 Tashkent

BIC: BSIRUZ21

TELEX: 116134 BSITA UZ

5. TEJARAT BANK

Tajikistan

No 70, Rudaki Ave., Dushanbe

P.O. Box: 734001

BIC: BTEJTJ22XXX

TELEX: 201135 BTDIR TJ

China

Representative Office China

Office C208 Beijing Lufthansa Center No 50 Liangmaqiao Road Chaoyang District Beijing 100016

6. ARIAN BANK (also known as Aryan Bank)

Afghanistan

Head Office

House No 2, Street No 13, Wazir Akbar Khan, Kabul

BIC: AFABAFKA

Harat branch

No 14301(2), Business Room Building, Banke Khoon road, Harat

BIC: AFABAFKA

7. FUTURE BANK

Bahrain

Future Bank

P.O. Box 785, Government Avenue 304, Manama

Shop 57, Block No 624 Shaikh Jaber Al Ahmed Al Sabah Avenue-Road No 4203, Sitra

BIC: FUBBBHBM / FUBBBHBMOBU / FUBBBHBMXXX / FUBBBHBMSIT

8. BANCO INTERNACIONAL DE DESARROLLO, SA

Venezuela

Banco internacional de Desarrollo, Banco Universal

Avenida Francisco de Miranda, Torre Dosza, Piso 8, El Rosal, Chacao, Caracas

BIC: IDUNVECAXXX..

’

(1) Entities marked with an asterisk (*) are also subject to a freezing of assets under Article 5(1)(a) and (b) of Common Position 2007/140/CFSP.

(2) Entities marked with an asterisk (*) are also subject to a freezing of assets under Article 5(1)(a) and (b) of Common Position 2007/140/CFSP.

11.11.2008

Official Journal of the European Union

L 300/55

COUNCIL COMMON POSITION 2008/843/CFSP

of 10 November 2008

amending and extending Common Position 2007/734/CFSP concerning restrictive measures against Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1)	On 13 November 2007, the Council adopted Common Position 2007/734/CFSP concerning restrictive measures against Uzbekistan (1).

(2)

In its conclusions of 13 October 2008, the Council welcomed the progress achieved in Uzbekistan in the previous year with regard to respect for the rule of law and protection of human rights. It encouraged Uzbekistan to continue progress in the direction of human rights, democratisation and the rule of law, and also welcomed Uzbekistan's commitment to work with the European Union on a range of questions relating to human rights. In that context, the Council decided not to renew the travel restrictions applying to certain individuals referred to in Common Position 2007/734/CFSP.

(3)

The Council stated that it was nevertheless concerned about the situation of human rights in a number of subject areas in Uzbekistan and urged the authorities of that country to implement their international obligations fully in that regard. In that context, the Council agreed that the arms embargo imposed in Common Position 2007/734/CFSP should be renewed for a period of 12 months,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2007/734/CFSP is hereby extended until 13 November 2009.

Article 2

Articles 3 and 4 of, and Annex II to, Common Position 2007/734/CFSP are hereby repealed.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 10 November 2008.

For the Council

The President

B. KOUCHNER

(1) OJ L 295, 14.11.2007, p. 34.

11.11.2008

Official Journal of the European Union

L 300/56

COUNCIL COMMON POSITION 2008/844/CFSP

of 10 November 2008

amending Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1)	On 10 April 2006, the Council adopted Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus and repealing Common Position 2004/661/CFSP (1).

(2)

On 13 October 2008, the Council agreed that the restrictive measures provided for by Common Position 2006/276/CFSP should be extended for a period of 12 months. However, the Council also decided that the travel restrictions imposed on certain leading figures in Belarus, with the exception of those involved in the disappearances which occurred in 1999 and 2000 and of the President of the Central Electoral Commission, should not apply for a period of six months, which could be renewed, with a view to encouraging dialogue with the Belarusian authorities and the adoption of measures to strengthen democracy and respect for human rights.

(3)

At the end of the aforementioned six-month period, the Council will re-examine the situation in Belarus and evaluate the progress which the Belarusian authorities have made towards reforms of the Electoral Code to bring it into line with OSCE commitments and other international standards for democratic elections. The Council will also consider any other concrete actions to strengthen respect for democratic values, human rights and fundamental freedoms, including freedom of expression and of the media, freedom of assembly and political association and the rule of law. The Council may decide to apply travel restrictions sooner if necessary, in the light of the actions of the Belarusian authorities in the sphere of democracy and human rights.

(4)	Council Common Position 2008/288/CFSP of 7 April 2008 renewing restrictive measures against certain officials of Belarus until 10 April 2009 should be repealed,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2006/276/CFSP is hereby extended until 13 October 2009.

Article 2

1. The measures referred to in Article 1(1)(b) of Common Position 2006/276/CFSP, insofar as they apply to Mr Yuri Nikolaïevich Podobed, are hereby suspended until 13 April 2009.

2. The measures referred to in Article 1(1)(c) of Common Position 2006/276/CFSP are hereby suspended until 13 April 2009.

Article 3

Before 13 April 2009, this Common Position shall be re-examined in the light of the situation in Belarus.

Article 4

Common Position 2008/288/CFSP is hereby repealed.

Article 5

This Common Position shall take effect on the date of its adoption.

Article 6

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 10 November 2008.

For the Council

The President

B. KOUCHNER

(1) OJ L 101, 11.4.2006, p. 5.

11.11.2008

Official Journal of the European Union

L 300/s3

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

		ISSN 1725-2555
Official Journal of the European Union		L 300

English edition	Legislation	Volume 51 11 November 2008

Contents		I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory	page
		REGULATIONS
	*	Council Regulation (EC) No 1110/2008 of 10 November 2008 amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran	1
		Commission Regulation (EC) No 1111/2008 of 10 November 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables	29
	*	Commission Regulation (EC) No 1112/2008 of 10 November 2008 amending Regulation (EC) No 1731/2006 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products	31
	*	Commission Regulation (EC) No 1113/2008 of 10 November 2008 establishing a prohibition of fishing for common sole in VIIIa and b by vessels flying the flag of Spain	32
	*	Commission Regulation (EC) No 1114/2008 of 10 November 2008 establishing a prohibition of fishing for common sole in IIIa, EC waters of IIIb, IIIc and IIId by vessels flying the flag of Sweden	34

	III Acts adopted under the EU Treaty
	ACTS ADOPTED UNDER TITLE V OF THE EU TREATY
*	Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime	42
*	Council Decision 2008/842/CFSP of 10 November 2008 amending Annexes III and IV of Common Position 2007/140/CFSP concerning restrictive measures against Iran	46
*	Council Common Position 2008/843/CFSP of 10 November 2008 amending and extending Common Position 2007/734/CFSP concerning restrictive measures against Uzbekistan	55
*	Council Common Position 2008/844/CFSP of 10 November 2008 amending Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus	56

	II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
	DECISIONS
	Commission
	2008/840/EC
*	Commission Decision of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster) (notified under document number C(2008) 6631)	36