ISSN 1725-2555
doi:10.3000/17252555.L_2009.270.eng
Official Journal
of the European Union
L 270
English edition
Legislation
Volume 52
15 October 2009
|
ISSN 1725-2555 doi:10.3000/17252555.L_2009.270.eng |
||
|
Official Journal of the European Union |
L 270 |
|
|
|
||
|
English edition |
Legislation |
Volume 52 |
|
Contents |
|
I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory |
page |
|
|
|
REGULATIONS |
|
|
|
|
||
|
|
|
||
|
|
|
||
|
|
|
||
|
|
* |
||
|
|
* |
|
|
|
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
|
|
|
|
DECISIONS |
|
|
|
|
Commission |
|
|
|
|
2009/756/EC |
|
|
|
* |
||
|
|
|
2009/757/EC |
|
|
|
* |
|
|
|
III Acts adopted under the EU Treaty |
|
|
|
|
ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
|
|
|
|
2009/758/CFSP |
|
|
|
* |
|
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/1 |
COMMISSION REGULATION (EC) No 956/2009
of 14 October 2009
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 15 October 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 October 2009.
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 |
MA |
69,8 |
|
MK |
24,5 |
|
|
TR |
64,0 |
|
|
ZZ |
52,8 |
|
|
0707 00 05 |
TR |
133,3 |
|
ZZ |
133,3 |
|
|
0709 90 70 |
TR |
112,6 |
|
ZZ |
112,6 |
|
|
0805 50 10 |
AR |
90,1 |
|
CL |
83,5 |
|
|
TR |
79,0 |
|
|
US |
79,7 |
|
|
UY |
55,5 |
|
|
ZA |
66,8 |
|
|
ZZ |
75,8 |
|
|
0806 10 10 |
BR |
216,3 |
|
TR |
118,0 |
|
|
US |
186,7 |
|
|
ZZ |
173,7 |
|
|
0808 10 80 |
AU |
175,3 |
|
CL |
86,9 |
|
|
CN |
78,6 |
|
|
NZ |
71,3 |
|
|
ZA |
71,4 |
|
|
ZZ |
96,7 |
|
|
0808 20 50 |
CN |
58,3 |
|
TR |
92,6 |
|
|
ZA |
89,8 |
|
|
ZZ |
80,2 |
|
(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’.
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/3 |
COMMISSION REGULATION (EC) No 957/2009
of 14 October 2009
establishing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2010 under certain GATT quotas
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 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products (2), and in particular Article 25(1) and (3) thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 671/2009 of 24 July 2009 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2010 under certain GATT quotas (3) opens the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2010 under the GATT quotas referred to in Article 23 of Regulation (EC) No 1282/2006. |
|
(2) |
Applications for export licences for certain quotas and product groups exceed the quantities available for the 2010 quota year. Allocation coefficients as provided for in Article 25(1) of Regulation (EC) No 1282/2006 should therefore be established. |
|
(3) |
In the case of product groups and quotas for which the applications lodged are for quantities less than those available, it is appropriate, in accordance with Article 25(3) of Regulation (EC) No 1282/2006, to provide for the allocation of the remaining quantities to the applicants in proportion to the quantities applied for. The allocation of such further quantities should be conditional upon the competent authority being notified of the quantities accepted by the operator concerned and upon the interested operators lodging a security. |
|
(4) |
Given the time limit for carrying out the procedure for establishing those coefficients, as provided for in Article 4 of Regulation (EC) No 671/2009, this Regulation should apply as soon as possible, |
HAS ADOPTED THIS REGULATION:
Article 1
Applications for export licences lodged pursuant to Regulation (EC) No 671/2009 in respect of the product groups and quotas identified by 16-Tokyo, 16-, 17-, 18-, 20- and 21-Uruguay, and 25-Tokyo in column 3 of the Annex to this Regulation shall be accepted, subject to the application of the allocation coefficients in column 5 of that Annex.
Article 2
Applications for export licences lodged pursuant to Regulation (EC) No 671/2009 in respect of the product groups and quotas identified by 22-Tokyo, 22- and 25-Uruguay in column 3 of the Annex to this Regulation shall be accepted for the quantities requested.
Export licences may be issued for further quantities distributed in accordance with the allocation coefficients in column 6 of the Annex, after acceptance by the operator within one week of publication of this Regulation and subject to the lodging of the security applicable.
Article 3
This Regulation shall enter into force on the day 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, 14 October 2009.
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 234, 29.8.2006, p. 4.
(3) OJ L 194, 25.7.2009, p. 47.
ANNEX
|
Identification of group in accordance with Additional Notes in Chapter 4 of the Harmonised Tariff Schedule of the United States |
Identification of group and quota |
Quantity available for 2010 (in tonnes) |
Allocation coefficient provided for under Article 1 |
Allocation coefficient provided for under Article 2 |
|
|
Note No |
Group |
||||
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
16 |
Not specifically provided for (NSPF) |
16-Tokyo |
908,877 |
0,2475189 |
|
|
16-Uruguay |
3 446,000 |
0,1468871 |
|
||
|
17 |
Blue Mould |
17-Uruguay |
350,000 |
0,0806452 |
|
|
18 |
Cheddar |
18-Uruguay |
1 050,000 |
0,2685422 |
|
|
20 |
Edam/Gouda |
20-Uruguay |
1 100,000 |
0,1510989 |
|
|
21 |
Italian type |
21-Uruguay |
2 025,000 |
0,0887769 |
|
|
22 |
Swiss or Emmenthaler cheese other than with eye formation |
22-Tokyo |
393,006 |
|
2,6200400 |
|
22-Uruguay |
380,000 |
|
3,8000000 |
||
|
25 |
Swiss or Emmenthaler cheese with eye formation |
25-Tokyo |
4 003,172 |
0,9702307 |
|
|
25-Uruguay |
2 420,000 |
|
1,5765472 |
||
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/5 |
COMMISSION REGULATION (EC) No 958/2009
of 14 October 2009
fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar
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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 7e in conjunction with Article 9(1) thereof,
Whereas:
|
(1) |
According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007 the sugar produced during the marketing year in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit fixed by the Commission. |
|
(2) |
Commission Regulation (EC) No 274/2009 of 2 April 2009 fixing the quantitative limit for the exports of out-of-quota sugar and isoglucose until the end of the 2009/10 marketing year (3) sets the above mentioned limits. |
|
(3) |
The quantities of sugar covered by applications for export licences exceed the quantitative limit fixed by Regulation (EC) No 274/2009. An acceptance percentage should therefore be set for quantities applied for on 5, 6, 7, 8 and 9 October 2009. All export-licence applications for sugar lodged after 9 October 2009 should accordingly be rejected and the lodging of export-licence applications should be suspended, |
HAS ADOPTED THIS REGULATION:
Article 1
1. Export licences for out-of-quota sugar for which applications were lodged from 5 October to 9 October 2009 shall be issued for the quantities applied for, multiplied by an acceptance percentage of 17,275689 %.
2. Applications for out-of-quota sugar export licences submitted on 12 October, 13 October, 14 October, 15 October and 16 October 2009 are hereby rejected.
3. The lodging of applications for out-of-quota sugar export licences shall be suspended for the period 19 October to 30 September 2010.
Article 2
This Regulation shall enter into force on the 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, 14 October 2009.
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 178, 1.7.2006, p. 24.
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/6 |
COMMISSION REGULATION (EC) No 959/2009
of 14 October 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year
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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
|
(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 955/2009 (4). |
|
(2) |
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 15 October 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 October 2009.
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 178, 1.7.2006, p. 24.
(3) OJ L 253, 25.9.2009, p. 3.
(4) OJ L 269, 14.10.2009, p. 23.
ANNEX
Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 15 October 2009
|
(EUR) |
||
|
CN code |
Representative price per 100 kg net of the product concerned |
Additional duty per 100 kg net of the product concerned |
|
1701 11 10 (1) |
35,44 |
0,65 |
|
1701 11 90 (1) |
35,44 |
4,27 |
|
1701 12 10 (1) |
35,44 |
0,52 |
|
1701 12 90 (1) |
35,44 |
3,98 |
|
1701 91 00 (2) |
38,78 |
5,84 |
|
1701 99 10 (2) |
38,78 |
2,70 |
|
1701 99 90 (2) |
38,78 |
2,70 |
|
1702 90 95 (3) |
0,39 |
0,29 |
(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.
(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.
(3) Per 1 % sucrose content.
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/8 |
COMMISSION REGULATION (EC) No 960/2009
of 14 October 2009
amending Regulation (EC) No 1905/2006 of the European Parliament and of the Council establishing a financing instrument for development cooperation
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (1) (hereinafter referred to as ‘the DCI’), and in particular Article 1(1) and Article 31(1) subparagraph 3 thereof,
Whereas:
|
(1) |
In accordance with Article 1(1) and Article 31(1) of the DCI, Annex II to the DCI contains a list of aid recipients of the Development Assistance Committee of the Organisation for Economic Cooperation and Development (OECD/DAC), which is to be updated in accordance with regular OECD/DAC reviews of its list of aid recipients. |
|
(2) |
Further to an update of the list of aid recipients contained in Annex II to the DCI, the Commission should update its Annex I and inform Council and European Parliament thereof. |
|
(3) |
It is therefore appropriate to delete Saudi Arabia from the list of aid recipients of the OECD/DAC as contained in Annex II to the DCI, and from the list of countries eligible under Article1(1) as contained in its Annex I. |
|
(4) |
It is therefore appropriate to include Kosovo (2) in the list of ODA recipients of OECD/DAC as contained in Annex II to the DCI under the Lower Middle Income Countries and Territories. |
|
(5) |
It is also appropriate to update the footnotes in Annex II to the DCI pursuant to the OECD/DAC reviews. |
|
(6) |
The European Parliament and the Council will be informed accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1905/2006 is amended as follows:
|
1. |
Annex I is replaced by the attached Annex I. |
|
2. |
Annex II is replaced by the attached Annex II. |
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, 14 October 2009.
For the Commission
Karel DE GUCHT
Member of the Commission
(1) OJ L 378, 27.12.2006, p. 41.
(2) Under United Nations Security Resolution 1244/1999.
ANNEX I
Countries eligible under Article 1(1)
Latin America
|
1. |
Argentina |
|
2. |
Bolivia |
|
3. |
Brazil |
|
4. |
Chile |
|
5. |
Colombia |
|
6. |
Costa Rica |
|
7. |
Cuba |
|
8. |
Ecuador |
|
9. |
El Salvador |
|
10. |
Guatemala |
|
11. |
Honduras |
|
12. |
Mexico |
|
13. |
Nicaragua |
|
14. |
Panama |
|
15. |
Paraguay |
|
16. |
Peru |
|
17. |
Uruguay |
|
18. |
Venezuela |
Asia
|
19. |
Afghanistan |
|
20. |
Bangladesh |
|
21. |
Bhutan |
|
22. |
Cambodia |
|
23. |
China |
|
24. |
India |
|
25. |
Indonesia |
|
26. |
Democratic People’s Republic of Korea |
|
27. |
Laos |
|
28. |
Malaysia |
|
29. |
Maldives |
|
30. |
Mongolia |
|
31. |
Myanmar |
|
32. |
Nepal |
|
33. |
Pakistan |
|
34. |
Philippines |
|
35. |
Sri Lanka |
|
36. |
Thailand |
|
37. |
Vietnam |
Central Asia
|
38. |
Kazakhstan |
|
39. |
Kyrgyz Republic |
|
40. |
Tajikistan |
|
41. |
Turkmenistan |
|
42. |
Uzbekistan |
Middle East
|
43. |
Iran |
|
44. |
Iraq |
|
45. |
Oman |
|
46. |
Yemen |
Southern Africa
|
47. |
South Africa |
ANNEX II
OECD/DAC List of ODA recipients
Effective from 2008 for reporting on 2008, 2009 and 2010 flows
|
Least Developed Countries |
Other Low Income Countries (per capita GNI < USD 935 in 2007) |
Lower Middle Income Countries and Territories (per capita GNI USD 936-USD 3 705 in 2007) |
Upper Middle Income Countries and Territories (per capita GNI USD 3 706-USD 11 455 in 2007) |
|
Afghanistan |
Côte d’Ivoire |
Albania |
(1) Anguilla |
|
Angola |
Ghana |
Algeria |
Antigua and Barbuda (2) |
|
Bangladesh |
Kenya |
Armenia |
Argentina |
|
Benin |
Korea, Democratic People’s Republic of |
Azerbaijan |
Barbados (3) |
|
Bhutan |
Kyrgyz Rep. |
Bolivia |
Belarus |
|
Burkina Faso |
Nigeria |
Bosnia and Herzegovina |
Belize |
|
Burundi |
Pakistan |
Cameroon |
Botswana |
|
Cambodia |
Papua New Guinea |
Cape Verde |
Brazil |
|
Central African Rep. |
Tajikistan |
China |
Chile |
|
Chad |
Uzbekistan |
Colombia |
Cook Islands |
|
Comoros |
Vietnam |
Congo, Rep. |
Costa Rica |
|
Congo, Dem. Rep. |
Zimbabwe |
Dominican Republic |
Croatia |
|
Djibouti |
|
Ecuador |
Cuba |
|
Equatorial Guinea |
|
Egypt |
Dominica |
|
Eritrea |
|
El Salvador |
Fiji |
|
Ethiopia |
|
Georgia |
Gabon |
|
Gambia |
|
Guatemala |
Grenada |
|
Guinea |
|
Guyana |
Jamaica |
|
Guinea-Bissau |
|
Honduras |
Kazakhstan |
|
Haiti |
|
India |
Lebanon |
|
Kiribati |
|
Indonesia |
Libya |
|
Laos |
|
Iran |
Malaysia |
|
Lesotho |
|
Iraq |
Mauritius |
|
Liberia |
|
Jordan |
(1) Mayotte |
|
Madagascar |
|
Kosovo (4) |
Mexico |
|
Malawi |
|
Marshall Islands |
Montenegro |
|
Maldives |
|
Micronesia, Federated States |
(1) Montserrat |
|
Mali |
|
Moldova, Republic of |
Nauru |
|
Mauritania |
|
Mongolia |
(2) Oman |
|
Mozambique |
|
Morocco |
Palau |
|
Myanmar |
|
Namibia |
Panama |
|
Nepal |
|
Nicaragua |
Serbia |
|
Niger |
|
Niue |
Seychelles |
|
Rwanda |
|
occupied Palestinian Territory |
South Africa |
|
Samoa |
|
Paraguay |
(1) St. Helena |
|
São Tomé and Príncipe |
|
Peru |
St. Kitts-Nevis |
|
Senegal |
|
Philippines |
St. Lucia |
|
Sierra Leone |
|
Sri Lanka |
St. Vincent and Grenadines |
|
Solomon Islands |
|
Swaziland |
Suriname |
|
Somalia |
|
Syria |
Trinidad and Tobago (3) |
|
Sudan |
|
Thailand |
Turkey |
|
Tanzania |
|
The former Yugoslav Republic of Macedonia |
Uruguay |
|
Timor-Leste |
|
(1) Tokelau |
Venezuela |
|
Togo |
|
Tonga |
|
|
Tuvalu |
|
Tunisia |
|
|
Uganda |
|
Turkmenistan |
|
|
Vanuatu |
|
Ukraine |
|
|
Yemen |
|
(1) Wallis and Futuna |
|
|
Zambia |
|
|
|
(1) Territory.
(2) Antigua & Barbuda and Oman exceeded the high income country threshold in 2007. In accordance with the DAC rules for revision of this list, both will graduate from the list in 2011 if they remain high income countries until 2010.
(3) Barbados and Trinidad & Tobago exceeded the high income country threshold in 2006 and 2007. In accordance with the DAC rules for revision of this list, both will graduate from the list in 2011 if they remain high income countries until 2010.
(4) Under United Nations Security Resolution 1244/1999.
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/12 |
COMMISSION REGULATION (EC) No 961/2009
of 14 October 2009
entering a name in the register of protected designations of origin and protected geographical indications (Březnický ležák (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
|
(1) |
Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application to register the name ‘Březnický ležák’ was published in the Official Journal of the European Union (2). |
|
(2) |
As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
Article 2
This Regulation shall enter into force on the 20th 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, 14 October 2009.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12.
(2) OJ C 38, 17.2.2009, p. 16.
ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:
Group 2.1. Beer
CZECH REPUBLIC
Březnický ležák (PGI)
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
DECISIONS
Commission
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/14 |
COMMISSION DECISION
of 9 October 2009
laying down specifications for the resolution and use of fingerprints for biometric identification and verification in the Visa Information System
(notified under document C(2009) 7435)
(Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(2009/756/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (1), and in particular Article 45(2) thereof,
Whereas:
|
(1) |
Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (2) established the VIS as a system for the exchange of visa data between Member States and gave a mandate to the Commission to develop the VIS. |
|
(2) |
Regulation (EC) No 767/2008 defines the purpose and the functionalities of, and the responsibilities for the VIS and establishes the conditions and procedures for the exchange of visa data between Member States to facilitate the examination of visa applications and related decisions. |
|
(3) |
Commission Decision 2006/648/EC of 22 September 2006 laying down the technical specifications on the standards for biometric features related to the development of the Visa Information System (3) states that further specifications will be developed at a later stage. |
|
(4) |
It is now necessary to lay down specifications for the resolution and use of fingerprints for biometric identification and verification in the VIS so that Member States can begin to prepare for the use of biometrics. |
|
(5) |
It is extremely important that biometric data are of a high quality and are reliable. It is therefore necessary to define the technical standards that will make it possible to satisfy the requirements of quality and reliability. Verifications using four fingers have a much lower false rejection rate and failure to acquire rate compared to single finger verifications. The Central Visa Information System (CS-VIS) should therefore be able to perform biometric verifications for accessing data with four fingers flat. |
|
(6) |
This decision does not create any new standards; it is coherent with ICAO standards. |
|
(7) |
In accordance with Article 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark did not take part in the adoption of Regulation (EC) No 767/2008 and is not bound by it or subject to its application. However, given that Regulation (EC) No 767/2008 builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark, in accordance with Article 5 of the Protocol, notified by letter of 13 October 2008 the transposition of this acquis in its national law. It is therefore bound under international law to implement this Decision. |
|
(8) |
In accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (4), the United Kingdom has not taken part in the adoption of Regulation (EC) No 767/2008 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. The United Kingdom is therefore not an addressee of this Decision. |
|
(9) |
In accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (5), Ireland has not taken part in the adoption of Regulation (EC) No 767/2008 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. Ireland is therefore not an addressee of this Decision. |
|
(10) |
This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession. |
|
(11) |
As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (6), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (7). |
|
(12) |
As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8) on the conclusion of that Agreement on behalf of the European Community. |
|
(13) |
As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC (9) of 28 February 2008 on the signature, on behalf of the European Community, and on the provisional application of certain provisions of that Protocol. |
|
(14) |
The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 51(1) of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (10), |
HAS ADOPTED THIS DECISION:
Article 1
The specifications relating to the resolution and use of fingerprints for biometric identification and verification in the Visa Information System shall be as set out in the Annex.
Article 2
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 9 October 2009.
For the Commission
Jacques BARROT
Vice-President
(1) OJ L 218, 13.8.2008, p. 60.
(2) OJ L 213, 15.6.2004, p. 5.
(3) OJ L 267, 27.9.2006, p. 41.
(6) OJ L 176, 10.7.1999, p. 36.
(7) OJ L 176, 10.7.1999, p. 31.
(10) OJ L 381, 28.12.2006, p. 4.
ANNEX
1. Resolution of fingerprints
The Central Visa Information System (CS-VIS) shall receive fingerprint images of ten fingers flat of a nominal resolution only of 500 dpi (with an acceptable deviation of +/– 5 dpi) with 256 grey levels.
2. Use of ten fingerprints for biometric identifications and searches
CS-VIS shall perform biometric searches (biometric identifications) with ten fingers flat. However, when fingers are missing, these shall be identified accordingly as specified by the ANSI/NIST-ITL 1-2000 standard (1) and the remaining fingers, if any, shall be used.
3. Use of four fingerprints for biometric verifications
CS-VIS shall be able to perform biometric verifications for accessing data with four fingers flat.
When available, fingerprints from the following fingers of either the right hand or the left hand shall be used: the index finger (NIST identification 2 or 7), middle finger (NIST identification 3 or 8), ring finger (NIST identification 4 or 9), little finger (NIST identification 5 or 10).
For ergonomic, standardisation and visualisation purposes, fingerprints from the same hand shall be used, starting with the right hand.
The finger-position shall be identified for each individual fingerprint image as specified by the ANSI/NIST-ITL 1-2000 standard.
When such finger-position identification is not possible or it proves to be erroneous, national systems may request verifications in CS-VIS involving the use of ‘permutations’ (2).
Missing or bandaged fingers shall always be identified as specified by the ANSI/NIST-ITL 1-2000 standard and the VIS Interface Control Document.
4. Use of one or two fingerprints for biometric verifications
Member States may decide to use one or two fingerprints flat for biometric verifications, instead of four fingerprints.
The following fingers shall be used by default:
|
(a) |
One finger: index finger (NIST identification 2 or 7), |
|
(b) |
Two fingers: index finger (NIST identification 2 or 7) and middle finger (NIST identification 3 or 8). |
In addition the following fingers may be used:
|
(a) |
One finger: thumb (NIST identification 1 or 6) or middle finger (NIST identification 3 or 8), |
|
(b) |
Two fingers:
|
For ergonomic, standardisation and visualisation purposes, fingerprints from the same hand shall be used, starting with the right hand.
The finger-position shall be identified for each individual fingerprint image as specified by the ANSI/NIST-ITL 1-2000 standard.
When such finger-position identification is not possible or it proves to be erroneous, national systems may request verifications in CS-VIS involving the use of ‘permutations’.
Missing or bandaged fingers shall always be identified as specified by the ANSI/NIST-ITL 1-2000 standard and the VIS Interface Control Document.
(1) ANSI/NIST-ITL 1-2000 Standard ‘Data Format for the Interchange of Fingerprint, Facial, Scar Mark & Tattoo (SMT) Information’, accessible on: http://www.itl.nist.gov/ANSIASD/sp500-245-a16.pdf
(2) Permutations instruct CS-VIS to perform repetitive verification between the source fingerprint(s) (one, two, three or four) and all candidate fingerprints available (mostly ten) until either a positive verification takes place or all candidate fingerprints have been searched without producing a positive verification.
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/18 |
COMMISSION DECISION
of 14 October 2009
on the extension of the mandate of the European Group on Ethics in Science and New Technologies and of the period of appointment of its members
(2009/757/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
|
(1) |
The mandate of the European Group on Ethics in Science and New Technologies (EGE) was renewed by Commission Decision 2005/383/EC (1). |
|
(2) |
The appointment of the members of the EGE was renewed for a period of 4 years by Commission Decision 2005/754/EC (2). |
|
(3) |
The current mandate of the EGE and the current period of appointment of its members therefore come to an end on 20 October 2009. |
|
(4) |
It is appropriate that the new Commission should review both the subject of the mandate of the EGE and the appointment of its members. |
|
(5) |
To enable the EGE to continue to function until new decisions on its mandate and on the appointment of its members are taken, the current mandate of the EGE and the current period of appointment of its members should be extended, |
HAS DECIDED AS FOLLOWS:
Article 1
The current mandate of the EGE, as provided for in Decision 2005/383/EC, is hereby extended until such time as that decision is replaced.
The current period of appointment of the members of the EGE, as provided for in Decision 2005/754/EC, is hereby extended until such time as that decision is replaced.
Article 2
This Decision shall enter into force on 21 October 2009.
Done at Brussels, 14 October 2009.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 127, 20.5.2005, p. 17.
(2) OJ L 284, 27.10.2005, p. 6.
III Acts adopted under the EU Treaty
ACTS ADOPTED UNDER TITLE V OF THE EU TREATY
|
15.10.2009 |
EN |
Official Journal of the European Union |
L 270/19 |
POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/7/2009
of 2 October 2009
amending Political and Security Committee Decision ATALANTA/2/2009 on the acceptance of third States’ contributions to the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and Political and Security Committee Decision ATALANTA/3/2009 on the setting-up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
(2009/758/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,
Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 10 thereof,
Having regard to Political and Security Committee Decision Atalanta/2/2009 (2) and to Political and Security Committee Decision Atalanta/3/2009 (3), and the addendum thereto (4),
Whereas:
|
(1) |
The EU Operation Commander held Force Generation and Manning Conferences on 17 November 2008, 16 December 2008, 19 March 2009 and 3 July 2009. |
|
(2) |
Following the recommendation by the EU Operation Commander and the advice by the European Union Military Committee on a contribution from Montenegro, the contribution from Montenegro should be accepted. |
|
(3) |
In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications, |
HAS DECIDED AS FOLLOWS:
Article 1
Political and Security Committee Decision Atalanta/2/2009 shall be amended as follows:
Article 1 is replaced by the following:
‘Article 1
Third States’ contributions
Following the Force Generation and Manning Conferences, the contributions from Norway, Croatia and Montenegro shall be accepted for the EU military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (“Atalanta”).’.
Article 2
The Annex to Political and Security Committee Decision Atalanta/3/2009 shall be replaced by the text appearing in the Annex to this Decision.
Done at Brussels, 2 October 2009.
For the Political and Security Committee
The Chairperson
O. SKOOG
(1) OJ L 301, 12.11.2008, p. 33.
(2) OJ L 109, 30.4.2009, p. 52.
(4) OJ L 119, 14.5.2009, p. 40.
ANNEX
‘ANNEX
LIST OF THIRD STATES REFERRED TO IN ARTICLE 2(1)
|
— |
Norway, |
|
— |
Croatia, |
|
— |
Montenegro’. |