20.10.2009   

EN

Official Journal of the European Union

L 274/1

20.10.2009   

EN

Official Journal of the European Union

L 274/3

(1)

Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs (2) establishes a Community list of monomers and other starting substances, which may be used for the manufacture of plastic materials and articles. Recently additional monomers and starting substances have received a favourable scientific evaluation by the European Food Safety Authority (the Authority) and should now be added to the existing list.

(2)

Directive 2002/72/EC also contains a Community list of additives which may be used for the manufacture of plastic materials and articles. Recently additional additives have received a favourable scientific evaluation by the Authority and should now be added to the existing list.

(3)

Directive 2002/72/EC should therefore be amended accordingly.

(4)

According to Article 4(1) of Directive 2002/72/EC, the Community list of additives contained in Annex III to that Directive will become a positive list from 1 January 2010. Consequently, the titles in Annex III to that Directive should no longer refer to an ‘incomplete’ list of additives.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

20.10.2009   

EN

Official Journal of the European Union

L 274/9

(1)

Directive 2007/2/EC lays down general rules for the establishment of the Infrastructure for Spatial Information in the European Community. Member States are required to establish and operate a network of services for the spatial data sets and services for which metadata have been created in accordance with that Directive.

(2)

In order to ensure the compatibility and usability of such services on the Community level, it is necessary to lay down the technical specifications and minimum performance criteria for those services with regard to the themes listed in Annexes I, II and III to Directive 2007/2/EC.

(3)

In order to ensure that public authorities and the third parties are given the technical possibility to link their spatial data sets and services to the Network Services, it is necessary to lay down the appropriate requirements for those services.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,

1.

‘initial operating capability’ means the ability of a Network Service to provide full functionality without guaranteeing quality of service in conformity with the rules set out in Annex I to this Regulation or access to the service for all users through the INSPIRE geo-portal;

2.

‘performance’ means the minimal level by which an objective is considered to be attained representing the fact how fast a request can be completed within an INSPIRE Network Service;

3.

‘capacity’ means limit of the number of simultaneous service requests provided with guaranteed performance;

4.

‘availability’ means probability that the Network Service is available;

5.

‘response time’ means the time measured at the Member State service location, in which the service operation returned the first byte of the result;

6.

‘service request’ means a single request to a single operation of an INSPIRE Network Service;

7.

‘INSPIRE metadata element’ means a metadata element set out in Part B of the Annex to Regulation (EC) No 1205/2008;

8.

‘publish’ means the operation to insert, delete or update INSPIRE metadata elements of resources in the Discovery Service

9.

‘natural language’ means a language that is spoken, written, or signed by humans for general-purpose communication;

10.

‘collect’ means an operation to pull INSPIRE metadata elements of resources from a source Discovery Service and to allow to create, delete or update the metadata of these resources in the target Discovery Service;

11.

‘layer’ means a basic unit of geographic information that may be requested as a map from a server in accordance with EN ISO 19128.

(a)

as concerns the Discovery Services, the specific requirements and characteristics set out in Annex II;

(b)

as concerns the View Services, the specific requirements and characteristics set out in Annex III.

20.10.2009   

EN

Official Journal of the European Union

L 274/19

(1)

By virtue of the first subparagraph of Article 11(1) of Regulation (EC) No 509/2006, the Commission has examined the Netherlands’ application for approval of an amendment to the specification of the traditional speciality guaranteed ‘Boerenkaas’, registered by Commission Regulation (EC) No 149/2007 (2).

(2)

The purpose of the application is to amend the specification so that when the production is seasonal, the checks are carried out once every six to eight weeks during the production period. Where annual ‘Boerenkaas’ production in an undertaking is below 25 000 kilograms, the checks are carried out twice a year. These changes are proposed to prevent the small undertakings being faced with high control costs.

(3)

The Commission has examined the amendment in question and decided that it is justified. Since the amendment is minor within the meaning of the fourth subparagraph of Article 11(1) of Regulation (EC) No 509/2006, the Commission may approve it without recourse to the procedure in Article 8(2) and Article 9,

20.10.2009   

EN

Official Journal of the European Union

L 274/25

(1)

Council Directive 87/372/EEC (3), complemented by Council Recommendation of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (4) and by Council Resolution of 14 December 1990 on the final stage of the coordinated introduction of pan-European land-based public digital mobile cellular communications in the Community (GSM) (5), recognised the need to use the resources offered by modern telecommunications networks to the full, in particular mobile radio, in the interests of the economic development of the Community. The unique opportunity offered by the move to the second generation cellular digital mobile communications system in order to establish truly pan-European mobile communications has also been recognised.

(2)

The 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the so-called extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band.

(3)

Since 1987, new digital radio technologies capable of providing innovative pan-European electronic communications have been developed, which can coexist with GSM in the 900 MHz band in a more technologically neutral regulatory context than before. The 900 MHz band has good propagation characteristics, covering greater distances than higher frequency bands and allowing modern voice, data and multimedia services to be extended to less populated and rural areas.

(4)

In order to contribute to the objectives of the internal market and of the Commission Communication of 1 June 2005 entitled ‘i2010 initiative — A European Information Society for growth and employment’, while maintaining the availability of GSM for users throughout Europe, and to maximise competition by offering users a wide choice of services and technologies, the use of the 900 MHz band should be available to other technologies for the provision of additional compatible and advanced pan-European services that would coexist with GSM.

(5)

The future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market. It should be examined together with other issues concerning the Community’s wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (6). Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group (RSPG) established by Commission Decision 2002/622/EC (7).

(6)

The liberalisation of the use of the 900 MHz band could possibly result in competitive distortions. In particular, where certain mobile operators have not been assigned spectrum in the 900 MHz band, they could be put at a disadvantage in terms of cost and efficiency in comparison with operators that will be able to provide 3G services in that band. Under the regulatory framework on electronic communications, and in particular Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (8), Member States can amend and/or review rights of use of spectrum and thus have the tools to deal, where required, with such possible distortions.

(7)

Within six months of the entry into force of this Directive, Member States should transpose Directive 87/372/EEC as amended. While this does not in itself require Member States to modify existing rights of use or to initiate an authorisation procedure, Member States must comply with the requirements of Directive 2002/20/EC once the 900 MHz band has been made available in accordance with this Directive. In doing so, they should in particular examine whether the implementation of this Directive could distort competition in the mobile markets concerned. If they conclude that this is the case, they should consider whether it is objectively justified and proportionate to amend the rights of use of those operators that were granted rights of use of 900 MHz frequencies and, where proportionate, to review these rights of use and to redistribute such rights in order to address such distortions. Any decision to take such a course of action should be preceded by a public consultation.

(8)

Any spectrum made available under this Directive should be allocated in a transparent manner and in such a way as to ensure no distortion of competition in the relevant markets.

(9)

In order for other systems to coexist with GSM systems in the same band, harmful interference should be avoided by applying technical usage conditions applicable to technologies other than GSM using the 900 MHz band.

(10)

Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (9) allows the Commission to adopt technical implementing measures to ensure harmonised conditions for the availability and efficient use of radio spectrum.

(11)

As requested by the Commission, the European Conference of Postal and Telecommunications Administrations (CEPT) has produced technical reports demonstrating that UMTS systems (Universal Mobile Telecommunications System) could coexist with GSM systems in the 900 MHz band. The 900 MHz band should therefore be opened to UMTS, a system that can coexist with GSM systems, as well as to other systems as soon as it can be demonstrated that they can coexist with GSM systems in accordance with the procedure laid down in the Radio Spectrum Decision for the adoption of harmonised conditions for the availability and efficient use of radio spectrum. Where a Member State decides to assign rights of use for systems using the UMTS 900 specification, the application of the Radio Spectrum Decision, and the provisions of Directive 2002/21/EC, will ensure that such systems are protected from harmful interference from other systems in operation.

(12)

Appropriate protection should be ensured between users of the bands covered by this Directive and for existing users in adjacent bands. Furthermore, prospective systems for aviation communications above 960 MHz, which help fulfil Community policy objectives in this sector, should be taken into account. CEPT has produced technical advice in this respect.

(13)

Flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that those systems can coexist with GSM systems.

(14)

In order to allow new digital technologies to be deployed in the 900 MHz band in coexistence with GSM systems, Directive 87/372/EEC should be amended and the exclusive reservation of this band for GSM should be removed,

1.

Article 1 shall be replaced by the following:

‘Article 1

1.   Member States shall make the 880-915 MHz and 925-960 MHz frequency bands (the 900 MHz band) available for GSM and UMTS systems, as well as for other terrestrial systems capable of providing electronic communications services that can coexist with GSM systems, in accordance with technical implementing measures adopted pursuant to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (10);

2.   Member States shall, when implementing this Directive, examine whether the existing assignment of the 900 MHz band to the competing mobile operators in their territory is likely to distort competition in the mobile markets concerned and, where justified and proportionate, they shall address such distortions in accordance with Article 14 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (11).

2.

Article 2 shall be replaced by the following:

‘Article 2

For the purposes of this Directive, the following definitions shall apply:

3.

Article 3 shall be replaced by the following:

‘Article 3

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 May 2010. They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States;

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.’;

4.

Article 4 shall be deleted.

20.10.2009   

EN

Official Journal of the European Union

L 274/28

(1)

The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

(2)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 500 million.

(3)

Spain submitted an application to mobilise the EGF, in respect of redundancies in the textiles sector, on 29 December 2008. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 3 306 750.

(4)

Portugal submitted an application to mobilise the EGF, in respect of redundancies in the textiles sector, on 23 January 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 832 800.

(5)

The EGF should, therefore, be mobilised in order to provide a financial contribution for the applications submitted by Spain and Portugal,

20.10.2009   

EN

Official Journal of the European Union

L 274/30

(1)

According to Article 6(2)(b) of Directive 1999/62/EC, Member States may apply reduced rates or exemptions for vehicles which travel only occasionally on the public roads of the Member State of registration and are used by natural or legal persons whose main occupation is not the carriage of goods, provided that the transport operations carried out by these vehicles do not cause distortions of competition. This reduction or exemption is subject to the Commission’s agreement.

(2)

France has requested the Commission to renew until 31 December 2014 its agreement on the exemption provided in Commission Decision 2005/449/EC (2) from the vehicle tax according to Directive 1999/62/EC for vehicles of 12 tonnes or more, which are used exclusively in connection with public and industrial works in France.

(3)

The conditions foreseen by Article 6(2)(b) of Directive 1999/62/EC are fulfilled, as these vehicles do not permanently use public roads, are not used to carry goods and furthermore as exempting these vehicles from vehicle tax does not cause a distortion of competition because they cannot be used for carriage of any goods other than those permanently installed at the vehicle and used for their own activity.

(4)

In order to enable the Commission to review the exemption from the vehicle tax rules, the agreement should be given for a limited time.

(5)

The exemption requested by France should therefore be approved,

1.

self-propelled lifting and handling gear (cranes mounted on road chassis);

2.

mobile pumps or pumping stations permanently mounted on road chassis;

3.

mobile motor compressor sets permanently mounted on road chassis;

4.

concrete mixers and pumps permanently mounted on road chassis (except drum vehicles for transporting concrete);

5.

mobile generating sets permanently mounted on road chassis;

6.

mobile drilling machines permanently mounted on road chassis.

20.10.2009   

EN

Official Journal of the European Union

L 274/32

(1)

The 890-915 and 935-960 MHz frequency bands were reserved and were to be occupied for the public pan-European cellular digital mobile communications service, as provided in each of the Member States to a common specification, identified by Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (2), and complemented by Council Recommendation of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (3) and by Council Resolution of 14 December 1990 on the final stage of the coordinated introduction of pan-European land-based public digital mobile cellular communications in the Community (GSM) (4).

(2)

Directive 2009/114/EC of the European Parliament and of the Council (5) amends Directive 87/372/EEC and opens the 880-915 MHz and 925-960 MHz frequency bands (the 900 MHz band) to the Universal Mobile Telecommunications System (UMTS) and to other terrestrial systems capable of providing electronic communications services that can coexist with the Global System for Mobile communications (GSM), in accordance with technical implementing measures adopted pursuant to Decision No 676/2002/EC (hereinafter the Radio Spectrum Decision). Technical measures should therefore be adopted to allow the coexistence of GSM and other systems in the 900 MHz band.

(3)

The 1 710-1 785 MHz and 1 805-1 880 MHz frequency bands (the 1 800 MHz band) have become available for GSM operation and are currently used by GSM systems across Europe. The 1 800 MHz band should also be opened under the same conditions as the 900 MHz band to other terrestrial systems capable of providing electronic communications services that can coexist with GSM systems.

(4)

The current use of GSM in the 1 800 MHz band should be protected throughout the Community as long as there is reasonable demand for the service, in line with the approach taken to protect the use of GSM in the 900 MHz band by Directive 87/372/EEC.

(5)

Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued a mandate on 5 July 2006 to the European Conference of Postal and Telecommunications Administrations (hereinafter the CEPT) to develop least restrictive technical conditions for frequency bands addressed in the context of WAPECS (wireless access policy for electronic communications services), which include the 900 MHz and 1 800 MHz bands.

(6)

Technological neutrality and service neutrality are policy goals that have been supported by the Member States in the Radio Spectrum Policy Group (hereinafter the RSPG) Opinion on WAPECS of 23 November 2005 to achieve more flexible use of spectrum. The RSPG Opinion on WAPECS considers that these policy goals should be introduced gradually rather than suddenly so as to avoid any disruption of the market. The Commission set out its views on the more flexible use of spectrum in its Communication on ‘Rapid access to spectrum for wireless electronic communications services through more flexibility’ (6), which, inter alia, stresses the need for a consistent and proportionate solution regarding the second and third generation mobile bands in the context of introducing flexible spectrum use for electronic communications services.

(7)

In line with the approach taken to the opening of the 900 MHz band by Directive 87/372/EEC, the 1 800 MHz band currently used for GSM should therefore also be designated for GSM and for other terrestrial systems capable of providing electronic communications services which can coexist with GSM systems, and Member States should take whatever measures are necessary to protect the continued operation of GSM systems from harmful interference.

(8)

Any other system deployed in the 900 MHz and 1 800 MHz bands needs to ensure technical compatibility both with adjacent networks operated by other right holders in these bands and with the use of frequency bands adjacent to the 900 and 1 800 MHz bands.

(9)

For harmonisation measures pursuant to the Radio Spectrum Decision, technical compatibility is demonstrated by compatibility studies performed by the CEPT via a mandate from the Commission. These studies should help to define the technical conditions needed to ensure the coexistence of a growing number of terrestrial systems capable of providing electronic communications services. A list should be established of systems demonstrating such technical compatibility, which the Commission should amend, as appropriate, with the assistance of the Radio Spectrum Committee in line with the WAPECS principles, and thus increase the number of systems with harmonised access to the 900 and 1 800 MHz bands over time.

(10)

Working on the basis of technical investigations, in particular Reports 82 and 96 of the Electronic Communications Committee (ECC) of the CEPT, and on the response to the mandate of 5 July 2006 in CEPT Report 19, the CEPT has concluded that UMTS/900/1 800 networks can be deployed in urban, sub-urban and rural areas in coexistence with GSM/900/1 800 networks, using appropriate values for carrier separation.

(11)

The results of the mandate to the CEPT should be made applicable in the Community and implemented by the Member States without delay, given the market demand for the introduction of UMTS in these bands. In addition, Member States should ensure that UMTS gives appropriate protection to existing systems in adjacent bands.

(12)

To increase flexibility while at the same time preserving the necessary pan-European coverage by electronic communications services in harmonised bands, Member States should furthermore have the power to allow the introduction in the 900 and 1 800 MHz bands of other systems alongside GSM and other identified terrestrial systems capable of providing electronic communications services, provided that they ensure the coexistence of such terrestrial systems.

(13)

Radio spectrum technical management includes the harmonisation and allocation of radio spectrum. This harmonisation should reflect the requirements of general policy principles identified at Community level. However, radio spectrum technical management does not cover assignment and licensing procedures (including their timing), or any decision whether to use competitive selection procedures for the assignment of radio frequencies.

(14)

Differences in the existing national situations could result in distortion of competition. The existing regulatory framework gives Member States the tools they need to deal with these problems in a proportionate, non-discriminatory and objective manner, subject to Community law, including Directive 87/372/EEC, Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (7) and Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (8).

(15)

The use of spectrum is subject to the requirements of Community law on public health protection, in particular Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (9) and Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (10). Health protection for radio equipment is ensured by compliance of such equipment with the essential requirements of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (11).

(16)

In order to ensure effective use of the 900 MHz and 1 800 MHz bands also in the longer term, administrations should continue with studies to increase efficiency and innovative use. With a view to reviewing this Decision to cover additional technologies, these and other studies undertaken by the CEPT on the basis of further mandates could demonstrate that systems other than GSM and UMTS are capable of providing terrestrial electronic communications services with pan-European coverage and can ensure technical compatibility with GSM and UMTS by appropriate means.

(17)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

(a)

‘GSM system’ means an electronic communications network that complies with the GSM Standards, as published by ETSI, in particular EN 301 502 and EN 301 511;

(b)

the ‘900 MHz band’ means the 880-915 MHz and 925-960 MHz bands;

(c)

the ‘1 800 MHz band’ means the 1 710-1 785 MHz and 1 805-1 880 MHz bands.

(a)

such systems can coexist with GSM systems;

(b)

such systems can coexist with other systems listed in the Annex, both on their own territory and in neighbouring Member States.

20.10.2009   

EN

Official Journal of the European Union

L 274/36

(1)

The obligations of administrative simplification imposed on Member States in Chapter II of Directive 2006/123/EC, in particular Articles 5 and 8 thereof, include the obligation to simplify the procedures and formalities applicable to the access to and exercise of a service activity and the obligation to ensure that those procedures and formalities may be easily completed by service providers at a distance and by electronic means through the ‘points of single contact’.

(2)

The completion of procedures and formalities through the ‘points of single contact’ must be possible across borders between Member States as set out in Article 8 of Directive 2006/123/EC.

(3)

To comply with the obligation to simplify procedures and formalities and to facilitate the cross-border use of the ‘points of single contact’, procedures by electronic means should rely on simple solutions, including as regards the use of electronic signatures. In cases where, after an appropriate risk assessment of concrete procedures and formalities, a high level of security or equivalence to a handwritten signature is deemed to be necessary, advanced electronic signatures based on a qualified certificate, with or without a secure signature creation device, could be required from service providers for certain procedures and formalities.

(4)

The Community framework for e-signatures was established in Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (2). In order to facilitate effective cross-border use of advanced electronic signatures based on a qualified certificate, trust in these electronic signatures should be enhanced irrespective of the Member State in which the signatory or the certification service provider issuing the qualified certificate is established. This could be achieved by making the information necessary to validate the electronic signatures more easily available in a trustworthy form, in particular information relating to certification service providers who are supervised/accredited in a Member State and to the services they offer.

(5)

It is necessary to ensure that Member States make this information publicly available through a common template in order to facilitate its use and ensure an appropriate level of detail allowing the receiving side to validate the electronic signature,

20.10.2009   

EN

Official Journal of the European Union

L 274/38

(1)

The European Central Bank (ECB) participates in TARGET2 in order to process its own payments and the payments of its customers in TARGET2, and to supply through TARGET2 settlement services to clearing and settlement organisations, including entities established outside the European Economic Area (EEA), provided that they are subject to oversight by a competent authority and their access to TARGET2-ECB has been approved by the Governing Council.

(2)

The Executive Board of the ECB adopted Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (1).

(3)

Amendments should be made to Decision ECB/2007/7: (a) in view of the new release of the Single Shared Platform; (b) to clarify the specific oversight location principles that entities offering services in euro are required to comply with; (c) to reflect a number of other technical and editorial improvements and clarifications; and (d) to delete provisions relating to migration to TARGET2 which no longer apply,

‘(c)

supply settlement services to entities managing ancillary systems, including entities established outside the EEA, provided that they are subject to oversight by a competent authority, they comply with the oversight requirements for the location of infrastructures offering services in euro, as amended from time to time and published on the ECB website (2), and their access to TARGET2-ECB has been approved by the Governing Council.

20.10.2009   

EN

Official Journal of the European Union

L 274/45

(1)

On 12 June 2007, the Council adopted Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (1).

(2)

On 23 June 2008, the Council adopted Joint Action 2008/485/CFSP (2) amending and extending Joint Action 2007/405/CFSP until 30 June 2009.

(3)

On 15 June 2009, the Council adopted Joint Action 2009/466/CFSP (3) amending and extending Joint Action 2007/405/CFSP until 30 June 2010. Joint Action 2009/466/CFSP provided that the Council would establish a new financial reference amount in order to cover expenditure related to the mission for the period from 1 November 2009 to 30 June 2010.

(4)

A renewed and stronger effort is needed to combat the persistence of sexual violence and impunity in the Democratic Republic of the Congo, especially in the Eastern Region. To this effect, provision should be made for the mission to deploy specialised personnel to enhance the fight against sexual violence and impunity.

(5)

The mandate of this Mission is being carried out in a security context that is liable to deteriorate and to undermine the objectives of the Common Foreign and Security Policy (CFSP) as defined in Article 11 of the Treaty.

(6)

Joint Action 2007/405/CFSP should be amended accordingly,

1.

Article 2(1) shall be replaced by the following:

‘1.   The mission will support SSR in the field of policing and its interface with the justice system. By means of monitoring, mentoring and advisory action with emphasis on the strategic dimension, EUPOL RD Congo shall:

2.

Article 2(3) shall be replaced by the following:

‘3.   The mission shall have a project cell for identifying and implementing projects. The mission shall advise the Member States and third States and shall coordinate and facilitate, under their responsibility, the implementation of their projects in fields which are of interest to the mission and in furtherance of its objectives’.

3.

Article 3(2) shall be replaced by the following:

‘2.   The mission shall have a permanent presence in Goma and Bukavu, in the eastern part of the DRC, so as to deliver assistance and expertise to the stabilisation process in the Eastern DRC. Additional specialised personnel in the area of criminal investigation, including the fight against sexual violence, shall be deployed to Goma and Bukavu, but their area of competence shall cover the whole territory of the DRC and their duty station may vary according to changes in the local situation and security conditions. They shall be under the direct authority of the Deputy Head of Mission in charge of Operations’.

4.

In Article 3(3) the following point shall be added:

5.

In Article 9(1) the third subparagraph shall be replaced by the following:

‘The financial reference amount intended to cover the expenditure related to the mission for the period from 1 November 2009 to 30 June 2010 shall be EUR 5 150 000’.