ISSN 1977-0677
doi:10.3000/19770677.L_2011.319.eng
Official Journal
of the European Union
L 319
English edition
Legislation
Volume 54
2 December 2011
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ISSN 1977-0677 doi:10.3000/19770677.L_2011.319.eng |
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Official Journal of the European Union |
L 319 |
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English edition |
Legislation |
Volume 54 |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
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2.12.2011 |
EN |
Official Journal of the European Union |
L 319/1 |
COUNCIL DECISION
of 28 November 2011
on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement
(2011/780/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
Annex XIII to the Agreement on the European Economic Area (hereinafter ‘the Agreement’) contains specific provisions and arrangements concerning transport. |
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(2) |
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2) has as its principal objective to establish and maintain a high uniform level of civil aviation safety within the Union. |
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(3) |
The activities of the European Aviation Safety Agency may affect the level of civil aviation safety within the European Economic Area. |
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(4) |
Regulation (EC) No 216/2008 should therefore be incorporated into the Agreement in order to allow for the full participation of the EFTA States in the European Aviation Safety Agency. |
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(5) |
Since Regulation (EC) No 216/2008 repeals Regulation (EC) No 1592/2002 (3), which is incorporated into the Agreement, Regulation (EC) No 1592/2002 should consequently be repealed under the Agreement. |
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(6) |
Annex XIII to the Agreement should be amended accordingly. |
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(7) |
The Union should therefore take the position set out in the attached draft Decision within the EEA Joint Committee, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the European Union in the EEA Joint Committee on the envisaged amendment to Annex XIII (Transport) to the Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 28 November 2011.
For the Council
The President
K. SZUMILAS
(1) OJ L 305, 30.11.1994, p. 6.
(3) Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (OJ L 240, 7.9.2002, p. 1).
DRAFT
DECISION No …/2011 OF THE EEA JOINT COMMITTEE
of …
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area (hereinafter ‘the Agreement’), and in particular Article 98 thereof,
Whereas:
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(1) |
Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1). |
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(2) |
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2) has as its principal objective to establish and maintain a high uniform level of civil aviation safety within the Union. |
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(3) |
The activities of the European Aviation Safety Agency may affect the level of civil aviation safety within the European Economic Area. |
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(4) |
Regulation (EC) No 216/2008 should therefore be incorporated into the Agreement in order to allow for the full participation of the EFTA States in the European Aviation Safety Agency. |
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(5) |
Regulation (EC) No 216/2008 repeals Regulation (EC) No 1592/2002 of the European Parliament and of the Council (3), which is incorporated into the Agreement and which should consequently be repealed under the Agreement, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XIII to the Agreement shall be amended as specified in the Annex to this Decision.
Article 2
The text of Regulation (EC) No 216/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (4).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, …
For the EEA Joint Committee
The President
The Secretaries to the EEA Joint Committee
(1) OJ L ….
(4) [No constitutional requirements indicated.] [Constitutional requirements indicated.]
Declaration by the EFTA States to Decision of the EEA Joint Committee No … incorporating Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC into the Agreement
‘Regulation (EC) No 216/2008 of the European Parliament and of the Council deals among other things with the authority to impose fines and periodic penalty payments in the area of aviation safety. The incorporation of this Regulation is without prejudice to the institutional solutions with regard to future acts conferring powers to impose sanctions.’
ANNEX
To Decision of the EEA Joint Committee No …
Annex XIII to the Agreement shall be amended as follows:
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(1) |
the following indent shall be added to points 66a (Council Regulation (EEC) No 3922/91) and 66r (Directive 2004/36/EC of the European Parliament and of the Council):
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(2) |
the following shall be added to point 68a (Council Directive 91/670/EEC): ‘, as amended by:
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(3) |
the text of point 66n (Regulation (EC) No 1592/2002 of the European Parliament and of the Council) shall be replaced by the following: ‘32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1). The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
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REGULATIONS
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2.12.2011 |
EN |
Official Journal of the European Union |
L 319/8 |
COUNCIL IMPLEMENTING REGULATION (EU) No 1244/2011
of 1 December 2011
implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria (1), and in particular Article 14(1) thereof,
Whereas:
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(1) |
On 9 May 2011, the Council adopted Regulation (EU) No 442/2011 concerning restrictive measures against Syria. |
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(2) |
In view of the gravity of the situation in Syria and in accordance with Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria (2), additional persons and entities should be included in the list of persons, entities and bodies subject to restrictive measures set out in Annex II to Regulation (EU) No 442/2011, |
HAS ADOPTED THIS REGULATION:
Article 1
The persons and entities listed in the Annex to this Regulation shall be added to the list set out in Annex II to Regulation (EU) No 442/2011.
Article 2
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, 1 December 2011.
For the Council
The President
C. ASHTON
(1) OJ L 121, 10.5.2011, p. 1.
(2) See page 56 of this Official Journal.
ANNEX
Persons and entities referred to in Article 1
A. Persons
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Name |
Identifying information |
Reasons |
Date of listing |
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1. |
Mohammad Al-Jleilati |
DoB 1945, PoB Damascus |
Minister of Finance. Responsible for the Syrian economy. |
1.12.2011 |
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2. |
Dr. Mohammad Nidal Al-Shaar |
DoB 1956, PoB Aleppo |
Minister of Economy and Trade. Responsible for the Syrian economy. |
1.12.2011 |
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3. |
Lt. General Fahid Al-Jassim |
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Chief of Staff. Military official involved in the violence in Homs |
1.12.2011 |
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4. |
Major General Ibrahim Al-Hassan |
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Deputy Chief of Staff. Military official involved in the violence in Homs |
1.12.2011 |
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5. |
Brigadier Khalil Zghraybih |
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14th Division. Military official involved in the violence in Homs |
1.12.2011 |
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6. |
Brigadier Ali Barakat |
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103rd Brigade of the Republican Guard Division. Military official involved in the violence in Homs |
1.12.2011 |
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7. |
Brigadier Talal Makhluf |
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103rd Brigade of the Republican Guard Division. Military official involved in the violence in Homs |
1.12.2011 |
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8. |
Brigadier Nazih Hassun |
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Syrian Air Force Intelligence. Military official involved in the violence in Homs |
1.12.2011 |
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9. |
Captain Maan Jdiid |
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Presidential Guard. Military official involved in the violence in Homs |
1.12.2011 |
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10. |
Muahmamd Al-Shaar |
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Political Security Division. Military official involved in the violence in Homs |
1.12.2011 |
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11. |
Khald Al-Taweel |
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Political Security Division. Military official involved in the violence in Homs |
1.12.2011 |
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12. |
Ghiath Fayad |
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Political Security Division. Military official involved in the violence in Homs |
1.12.2011 |
B. Entities
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Name |
Identifying information |
Reasons |
Date of listing |
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1. |
Cham Press TV |
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Television channel which participates in campaigns to spread disinformation and incite violence against demonstrators |
1.12.2011 |
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2. |
Al Watan |
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Daily newspaper which participates in campaigns to spread disinformation and incite violence against demonstrators |
1.12.2011 |
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3. |
Centre d’études et de recherches syrien (CERS) (a.k.a. CERS, Centre d’Etude et de Recherche Scientifique; a.k.a. SSRC, Scientific Studies and Research Center; a.k.a. Centre de Recherche de Kaboun |
Barzeh Street, PO Box 4470, Damascus |
Provides support to the Syrian army for the acquisition of equipment used directly for the surveillance and repression of demonstrators. |
1.12.2011 |
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4. |
Business Lab |
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Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
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5. |
Industrial Solutions |
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Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
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6. |
Mechanical Construction Factory (MCF) |
P.O. Box 35202, Industrial Zone, Al-Qadam Road, Damascus |
Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
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7. |
Syronics – Syrian Arab Co. for Electronic Industries |
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Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
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8. |
Handasieh – Organization for Engineering Industries |
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Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
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9. |
Syria Trading Oil Company (Sytrol) |
Prime Minister Building, 17 Street Nissan, Damascus, Syria. |
State-owned company responsible for the entire export of oil from Syria. Provides financial support to the regime. |
1.12.2011 |
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10. |
General Petroleum Corporation (GPC). |
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State-owned oil company. Provides financial support to the regime. |
1.12.2011 |
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11. |
Al Furat Petroleum Company |
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Joint venture 50 % owned by GPC. Provides financial support to the regime. |
1.12.2011 |
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2.12.2011 |
EN |
Official Journal of the European Union |
L 319/11 |
COUNCIL IMPLEMENTING REGULATION (EU) No 1245/2011
of 1 December 2011
implementing Regulation (EU) No 961/2010 on restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran (1), and in particular Article 36(2) thereof,
Whereas:
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(1) |
On 25 October 2010, the Council adopted Regulation (EU) No 961/2010 concerning restrictive measures against Iran. |
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(2) |
The Council has carried out a complete review of the list of persons, entities and bodies, as set out in Annex VIII to Regulation (EU) No 961/2010, to which Article 16(2) of that Regulation applies. When doing so, the Council took account of observations submitted by those concerned. |
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(3) |
The Council has concluded that the persons, entities and bodies listed in Annex VIII to Regulation (EU) No 961/2010 should continue to be subject to the specific restrictive measures provided for therein. |
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(4) |
The Council has also concluded that the entries concerning certain entities included in Annex VIII to Regulation (EU) No 961/2010 should be amended. |
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(5) |
Moreover, in view of the continued concern over the expansion of Iran’s nuclear and missiles programmes expressed by the European Council on 23 October 2011 and in accordance with Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (2), additional persons and entities should be included in the list of persons, entities and bodies subject to restrictive measures as set out in Annex VIII to Regulation (EU) No 961/2010. |
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(6) |
The list of persons, entities and bodies referred to in Article 16(2) of Regulation (EU) No 961/2010 should be updated accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex VIII to Regulation (EU) No 961/2010 shall be amended as set out in the Annex to this Regulation.
Article 2
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, 1 December 2011.
For the Council
The President
C. ASHTON
(1) OJ L 281, 27.10.2010, p. 1.
(2) See page 71 of this Official Journal.
ANNEX
Annex VIII to Regulation (EU) No 961/2010 shall be amended as follows:
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(1) |
the following persons and entities shall be added to the list set out in Annex VIII: I. Persons and entities involved in nuclear or ballistic missiles activities A. Persons
B. Entities
II. Islamic Revolutionary Guard Corps (IRGC) A. Persons
B. Entities
III. Islamic Republic of Iran Shipping Lines (IRISL) A. Persons
B. Entities
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(2) |
the entries for the entities named below shall be replaced by the entries set out below: I. Persons and entities involved in nuclear or ballistic missiles activities B. Entities
III. Islamic Republic of Iran Shipping Lines (IRISL) B. Entities
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2.12.2011 |
EN |
Official Journal of the European Union |
L 319/32 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1246/2011
of 29 November 2011
entering a name in the register of protected designations of origin and protected geographical indications (Mantecados de Estepa (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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:
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(1) |
Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mantecados de Estepa’ was published in the Official Journal of the European Union (2). |
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(2) |
As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore 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, 29 November 2011.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12.
ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:
Class 2.4. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares
SPAIN
Mantecados de Estepa (PGI)
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2.12.2011 |
EN |
Official Journal of the European Union |
L 319/34 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1247/2011
of 29 November 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
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(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
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(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
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(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
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(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
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(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
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, 29 November 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
(2) OJ L 302, 19.10.1992, p. 1.
ANNEX
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Description of the goods |
Classification (CN code) |
Reasons |
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(1) |
(2) |
(3) |
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8538 90 99 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and the wording of CN codes 8538, 8538 90 and 8538 90 99. As the module constitutes an interface between external devices and a numerical control apparatus of heading 8537, classification under heading 8471 as an input unit is excluded. As the module receives, converts, processes and sends electrical signals to the PLC, classification under heading 8536 as a switch or a relay for making connections to or in electrical circuits is excluded. As the module does not control external devices by itself, but only constitutes the interface between such devices and the PLC, classification under heading 8537 as an electric control apparatus is excluded. As the analogue-to-digital conversion is only an intermediate process, classification under heading 8543 as electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85 is excluded. Since the intended use of the module is to receive, convert and process signals representing measurements received from external devices and send them to the PLC, the module is essential for the operation of the PLC of heading 8537. The article is therefore to be classified under heading 8538 as parts of apparatus of headings 8535 to 8537. |
||
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8538 90 99 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and the wording of CN codes 8538, 8538 90 and 8538 90 99. As the module constitutes an interface between external devices and a numerical control apparatus of heading 8537, classification under heading 8471 as an output unit is excluded. As the module receives, processes, converts and sends electrical signals to external devices, classification under heading 8536 as a switch or relay for making connections to or in electrical circuits is excluded. The output connecting points (constituted by electromagnetic relays) are only a part of the module which consists, in addition to the connecting points, of the bus interface, the processor and the digital-to-analogue converter. Moreover, the module does not control external devices by itself, but only constitutes the interface between the PLC and such devices. Classification under heading 8537 as an electric control apparatus is therefore excluded. As the digital-to-analogue conversion is only an intermediate process, classification under heading 8543 as electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85 is excluded. Since the intended use of the module is to receive, process and convert signals representing an On/Off signal received from the PLC and send them to external devices, the module is essential for the operation of the PLC of heading 8537. The article is therefore to be classified under heading 8538 as parts of apparatus of headings 8535 to 8537. |
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/37 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1248/2011
of 29 November 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, pursuant to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
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, 29 November 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
(2) OJ L 302, 19.10.1992, p. 1.
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
||||||||
|
(1) |
(2) |
(3) |
||||||||
|
A machine for use with lifts, with dimensions of approximately 83 × 70 × 30 cm and a weight of 418 kg (so-called ‘gearless traction machine’), consisting of:
The machine is installed in a lift shaft for lifting and lowering the cabin. |
8425 31 00 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Section XVI and the wording of CN codes 8425 and 8425 31 00. The machine consists of an electric motor and a pulley on the shaft of the motor. Given its characteristics, it is to be considered to be a winch of heading 8425. The presence of a braking system or the absence of a cable or belt does not exclude classification as a winch (see also the HS classification opinion 8425.31/1). The presence of the safety monitoring system does not alter the characteristics of a winch. Classification as a part of a lift under heading 8431 is therefore excluded. The machine is therefore to be classified under CN code 8425 31 00 as a winch powered by an electric motor. |
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2.12.2011 |
EN |
Official Journal of the European Union |
L 319/39 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1249/2011
of 29 November 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, pursuant to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The Customs Code Committee has not issued an opinion within the time limit set by its Chairman, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
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, 29 November 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
(2) OJ L 302, 19.10.1992, p. 1.
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
||||||||||||||
|
(1) |
(2) |
(3) |
||||||||||||||
|
A portable battery-operated apparatus for capturing and recording video, with dimensions of approximately 10 × 5,5 × 2 cm (so-called ‘pocket sized video recorder’) comprising:
The apparatus is only capable of capturing and recording video files in the form of sequences of images in MPEG4-AVI format. Video is recorded in a resolution of 640 × 480 pixels at 30 frames per second for a maximum of 2 hours. Video sequences recorded by the apparatus can either be transferred to an automatic data-processing (ADP) machine, via the USB interface, without modifying the format of the video files, or to a digital video recorder, a monitor or a television set via the AV interface. Video files can be transferred to the apparatus from an ADP machine, via the USB interface. |
8525 80 99 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8525, 8525 80 and 8525 80 99. As the apparatus is only capable of recording video, classification as a digital camera under CN code 8525 80 30 is excluded. Given its characteristics, the apparatus is a video camera recorder. As the apparatus is capable of recording video files from sources other than the incorporated television camera, classification under CN code 8525 80 91 as video camera recorders only able to record sound and images taken by the television camera is excluded. It is therefore to be classified under CN code 8525 80 99 as other video camera recorders. |
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/41 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1250/2011
of 29 November 2011
entering a name in the register of protected designations of origin and protected geographical indications (Πατάτα Νάξου (Patata Naxou) (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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) of Regulation (EC) No 510/2006, Greece’s application to register the name ‘Πατάτα Νάξου’ (Patata Naxou) was published in the Official Journal of the European Union (2). |
|
(2) |
As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore 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, 29 November 2011.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12.
(2) OJ C 91, 23.3.2011, p. 15.
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.6. Fruit, vegetables and cereals, fresh or processed
GREECE
Πατάτα Νάξου (Patata Naxou) (PGI)
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/43 |
COMMISSION REGULATION (EU) No 1251/2011
of 30 November 2011
amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the awards of contract
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services (1), and in particular Article 69 thereof,
Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2), and in particular Article 78 thereof,
Having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (3), and in particular Article 68 thereof,
Whereas:
|
(1) |
By Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) (4) the Council concluded the Agreement on Government Procurement (hereinafter referred to as ‘the Agreement’). The Agreement should be applied to any procurement contract with a value that reaches or exceeds the amounts (hereinafter referred to as ‘thresholds’) set in the Agreement and expressed as special drawing rights. |
|
(2) |
One of the objectives of Directives 2004/17/EC and 2004/18/EC is to allow the contracting entities and the contracting authorities which apply those Directives to comply at the same time with the obligations laid down in the Agreement. To achieve this, the thresholds laid down by those Directives for public contracts which are also covered by the Agreement should be aligned in order to ensure that they correspond to the euro equivalents, rounded down to the nearest thousand, of the thresholds set out in the Agreement. |
|
(3) |
For reasons of coherence, it is appropriate to align also those thresholds in Directives 2004/17/EC and 2004/18/EC which are not covered by the Agreement. At the same time, the thresholds laid down by Directive 2009/81/EC should be aligned to the revised thresholds laid down in Article 16 of Directive 2004/17/EC. |
|
(4) |
Directives 2004/17/EC, 2004/18/EC and 2009/81/EC should therefore be amended accordingly. |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee for Public Contracts, |
HAS ADOPTED THIS REGULATION:
Article 1
Directive 2004/17/EC is amended as follows:
|
(1) |
Article 16 is amended as follows:
|
|
(2) |
Article 61 is amended as follows:
|
Article 2
Directive 2004/18/EC is amended as follows:
|
(1) |
Article 7 is amended as follows:
|
|
(2) |
the first paragraph of Article 8 is amended as follows:
|
|
(3) |
in Article 56, the amount ‘EUR 4 845 000’ is replaced by ‘EUR 5 000 000’; |
|
(4) |
in the first subparagraph of Article 63(1), the amount ‘EUR 4 845 000’ is replaced by ‘EUR 5 000 000’; |
|
(5) |
Article 67(1) is amended as follows:
|
Article 3
Article 8 of Directive 2009/81/EC is amended as follows:
|
(1) |
in point (a), the amount ‘EUR 387 000’ is replaced by ‘EUR 400 000’; |
|
(2) |
in point (b), the amount ‘EUR 4 845 000’ is replaced by ‘EUR 5 000 000’. |
Article 4
This Regulation shall enter into force on the 1 January 2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 134, 30.4.2004, p. 1.
(2) OJ L 134, 30.4.2004, p. 114.
(3) OJ L 216, 20.8.2009, p. 76.
(4) OJ L 336, 23.12.1994, p. 1.
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/45 |
COMMISSION REGULATION (EU) No 1252/2011
of 30 November 2011
establishing a prohibition of fishing for anglerfish in VII by vessels flying the flag of the Netherlands
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
|
(1) |
Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011. |
|
(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 2011. |
|
(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
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 2011 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities 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. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
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, 30 November 2011.
For the Commission, On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
(1) OJ L 343, 22.12.2009, p. 1.
ANNEX
|
No |
76/T&Q |
|
Member State |
The Netherlands |
|
Stock |
ANF/07. |
|
Species |
Anglerfish (Lophiidae) |
|
Zone |
VII |
|
Date |
11.11.2011 |
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/47 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1253/2011
of 1 December 2011
amending Regulations (EC) No 2305/2003, (EC) No 969/2006, (EC) No 1067/2008 and (EC) No 1064/2009 opening and providing for the administration of EU tariff quotas for cereal imports from third countries
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
|
(1) |
Article 1 of Commission Regulation (EC) No 2305/2003 of 29 December 2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries (2) opened an annual tariff quota of 306 215 tonnes for imports of barley falling under CN code 1003 00. |
|
(2) |
Article 1 of Commission Regulation (EC) No 969/2006 of 29 June 2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries (3) opened an annual tariff quota of 242 074 tonnes for maize falling under CN codes 1005 10 90 and 1005 90 00. |
|
(3) |
Article 2 of Commission Regulation (EC) No 1067/2008 of 30 October 2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 (4) opened an annual tariff quota of 2 989 240 tonnes for common wheat falling under CN code 1001 90 99 of a quality other than high quality. |
|
(4) |
Article 1 of Commission Regulation (EC) No 1064/2009 of 4 November 2009 opening and providing for the administration of a Community import tariff quota for malting barley from third countries (5) opened an annual tariff quota of 50 000 tonnes for imports of malting barley falling under CN code 1003 00 intended to be used for producing beer aged in vats containing beechwood. |
|
(5) |
The agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the amendment of concessions in the schedules of commitments of the Republic of Bulgaria and Romania in the context of their accession to the European Union (6) (hereinafter ‘the Agreement’), approved by Council Decision 2011/769/EU (7), provides, inter alia, for the addition of 122 790 tonnes of common wheat (of average and low quality), 890 tonnes of barley, 890 tonnes of malting barley and 35 914 tonnes of maize to the respective EU tariff quotas. |
|
(6) |
Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (8) provides, with effect from 1 January 2012, amendments to the CN codes for cereals. |
|
(7) |
Regulations (EC) No 2305/2003, (EC) No 969/2006, (EC) No 1067/2008 and (EC) No 1064/2009 should therefore be amended accordingly. |
|
(8) |
In order to ensure the efficient administrative management of the quotas, this Regulation should become applicable as from 1 January 2012. |
|
(9) |
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
Article 1(1) of Regulation (EC) No 2305/2003 is replaced by the following:
‘1. A tariff quota is hereby opened for the import of 307 105 tonnes of barley falling under CN code 1003 (order number 09.4126).’.
Article 2
Regulation (EC) No 969/2006 is amended as follows:
|
(1) |
Article 1(1) is replaced by the following: ‘1. A tariff quota is hereby opened for the import of 277 988 tonnes of maize falling under CN codes 1005 10 90 and 1005 90 00 (order number 09.4131).’; |
|
(2) |
Article 2(1) is replaced by the following: ‘1. The quota shall be divided into two six-monthly subperiods of 138 994 tonnes, covering the following dates:
|
Article 3
Regulation (EC) No 1067/2008 is amended as follows:
|
(1) |
in Article 1, the first paragraph is replaced by the following: ‘By way of derogation from Article 135 and Article 136(1) of Regulation (EC) No 1234/2007, the import duty for common wheat falling under CN code 1001 99 00, of a quality other than high quality as defined in Annex II to Commission Regulation (EC) No 642/2010 (9), shall be fixed in the framework of the quota opened by this Regulation. |
|
(2) |
Article 2(1) is replaced by the following: ‘1. A tariff quota for the import of 3 112 030 tonnes of common wheat falling under CN code 1001 99 00 of a quality other than high quality is hereby opened on 1 January of every year.’; |
|
(3) |
Article 3(1) is replaced by the following: ‘1. The overall import tariff quota shall be divided into four subquotas:
|
|
(4) |
in Article 4(2), the first indent is replaced by the following:
|
Article 4
Article 1(1) of Regulation (EC) No 1064/2009 is replaced by the following:
‘1. This Regulation opens an import tariff quota of 50 890 tonnes for malting barley falling under CN code 1003 intended to be used for producing beer aged in vats containing beechwood. The order number for the quota shall be 09.0076.’.
Article 5
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 342, 30.12.2003, p. 7.
(3) OJ L 176, 30.6.2006, p. 44.
(4) OJ L 290, 31.10.2008, p. 3.
(5) OJ L 291, 7.11.2009, p. 14.
(6) OJ L 317, 30.11.2011, p. 11.
(7) OJ L 317, 30.11.2011, p. 10.
(8) OJ L 282, 28.10.2011, p. 1.
(9) OJ L 187, 21.7.2010, p. 5.’;
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/49 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1254/2011
of 1 December 2011
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 2 December 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, 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 |
62,0 |
|
IL |
98,1 |
|
|
MA |
39,4 |
|
|
MK |
68,6 |
|
|
TN |
143,0 |
|
|
TR |
85,0 |
|
|
ZZ |
82,7 |
|
|
0707 00 05 |
EG |
193,3 |
|
TR |
92,8 |
|
|
ZZ |
143,1 |
|
|
0709 90 70 |
MA |
35,4 |
|
TR |
131,7 |
|
|
ZZ |
83,6 |
|
|
0805 20 10 |
MA |
74,6 |
|
ZZ |
74,6 |
|
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
HR |
34,1 |
|
IL |
79,1 |
|
|
TR |
84,0 |
|
|
UY |
71,0 |
|
|
ZZ |
67,1 |
|
|
0805 50 10 |
TR |
62,9 |
|
ZZ |
62,9 |
|
|
0808 10 80 |
CA |
120,5 |
|
CL |
90,0 |
|
|
CN |
74,9 |
|
|
MK |
36,4 |
|
|
US |
107,2 |
|
|
ZA |
180,1 |
|
|
ZZ |
101,5 |
|
|
0808 20 50 |
CN |
59,0 |
|
TR |
133,1 |
|
|
ZZ |
96,1 |
|
(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’.
DECISIONS
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/51 |
COUNCIL DECISION 2011/781/CFSP
of 1 December 2011
on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and, in particular, Article 28, Articles 42(4) and 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 8 December 2009, the Council adopted Decision 2009/906/CFSP (1) on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH). That Decision expires on 31 December 2011. |
|
(2) |
EUPM should be continued until 30 June 2012. |
|
(3) |
The command and control structure of EUPM should be without prejudice to the contractual responsibilities of the Head of Mission towards the Commission for implementing the budget of EUPM. |
|
(4) |
The Watch-Keeping Capability should be activated for EUPM. |
|
(5) |
EUPM will be conducted in the context of a situation which may deteriorate and could impede the achievement of the Union's external action as set out in Article 21 of the Treaty on European Union (TEU), |
HAS ADOPTED THIS DECISION:
Article 1
Mission
1. The European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH), established by Joint Action 2002/210/CFSP (2), shall be continued from 1 January 2012 until 30 June 2012.
2. EUPM shall operate in accordance with the mission statement as set out in Article 2 and shall carry out the key tasks as set out in Article 3.
Article 2
Mission statement
As part of the broader rule of law approach in BiH and in the region, EUPM shall support BiH relevant Law Enforcement Agencies (LEAs) and the criminal justice system in the fight against organised crime and corruption, in enhancing the interaction between police and prosecutors and in fostering regional and international cooperation.
EUPM shall provide operational advice to the European Union Special Representative (EUSR) to support him in his role. Through its work and its network within the country, EUPM shall contribute to overall efforts to ensure that the Union is fully informed of developments in BiH.
With a view to the closure of the mission, EUPM shall prepare a hand-over of the remaining key tasks to the EUSR Office.
EUPM shall support the temporary arrangements for Common Security and Defence Policy (CSDP) warehousing pending the formation of permanent warehousing arrangements.
Article 3
Mission key tasks
In order to accomplish its mission, the key tasks of EUPM shall be to:
|
(1) |
provide strategic advice to LEAs and political authorities in BiH on combating organised crime and corruption; |
|
(2) |
promote and facilitate coordination and cooperation mechanisms vertically as well as horizontally between relevant LEAs, with a particular focus on State level agencies; |
|
(3) |
ensure a successful hand-over between EUPM and the EUSR Office; |
|
(4) |
contribute to the coordination of Union and Member States' efforts in the field of the rule of law. |
Article 4
Structure of the Mission
1. EUPM shall consist of the following elements:
|
(a) |
main headquarters in Sarajevo, composed of the Head of the Mission and staff as defined in the Operation Plan (OPLAN); |
|
(b) |
four Field Offices in Sarajevo, Banja Luka, Mostar and Tuzla. |
2. These elements shall be subject to further detailed arrangements in the OPLAN.
Article 5
Civilian Operation Commander
1. The Civilian Planning and Conduct Capability Director shall be the Civilian Operation Commander for EUPM.
2. The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUPM at the strategic level.
3. The Civilian Operation Commander shall ensure proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
4. All seconded staff shall remain under the full command of the national authorities of the seconding State or Union institution concerned. National authorities shall transfer Operational Control of their personnel, teams and units to the Civilian Operation Commander.
5. The Civilian Operation Commander shall have overall responsibility for ensuring that the Union's duty of care is properly discharged.
6. The Civilian Operation Commander and the EUSR shall consult each other as required.
Article 6
Head of Mission
1. The Head of Mission shall assume responsibility for, and exercise command and control of, EUPM at theatre level.
2. The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUPM.
3. The Head of Mission shall issue instructions to all EUPM staff for the effective conduct of EUPM in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
4. The Head of Mission shall be responsible for the implementation of EUPM's budget. For this purpose, the Head of Mission shall sign a contract with the Commission.
5. The Head of Mission shall be responsible for disciplinary control over staff. For seconded staff, disciplinary action shall be exercised by the national or Union authority concerned.
6. The Head of Mission shall represent EUPM in the operations area and shall ensure its appropriate visibility.
7. The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR.
Article 7
EUPM Staff
1. The numbers and competence of EUPM staff shall be consistent with the mission statement set out in Article 2, the mission key tasks set out in Article 3 and the structure set out in Article 4.
2. EUPM shall consist primarily of staff seconded by Member States or Union institutions. Each Member State or Union institution shall bear the costs relating to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances, as well as hardship and risk allowances.
3. International civilian staff and local staff may also be recruited by EUPM, as required, on a contractual basis, if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
4. All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the Union field security policy. As regards the protection of EU classified information with which staff are entrusted in the course of their duties, all staff shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (3).
Article 8
Status of Mission and EUPM staff
1. The necessary arrangements shall be made regarding the continuation of the Agreement between the Union and BiH of 4 October 2002 on the activities of EUPM in BiH for the duration of EUPM.
2. The State or Union institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. The State or Union institution in question shall be responsible for bringing any action against the seconded person.
3. The conditions of employment and the rights and obligations of international and local civilian staff shall be laid down in the contracts between the Head of Mission and the staff member.
Article 9
Chain of command
1. EUPM shall have a unified chain of command, as a crisis management operation.
2. Under the responsibility of the Council and the HR, the PSC shall exercise political control and strategic direction of EUPM.
3. The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the HR, shall be the commander of EUPM at the strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
4. The Civilian Operation Commander shall report to the Council through the HR.
5. The Head of Mission shall exercise command and control of EUPM at theatre level and shall be directly responsible to the Civilian Operation Commander.
Article 10
Political control and strategic direction
1. The PSC shall exercise, under the responsibility of the Council and the HR, political control and strategic direction of EUPM. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal by the HR, and to amend the Concept of Operations (CONOPS) and the OPLAN. The powers of decision with respect to the objectives and termination of EUPM shall remain vested in the Council.
2. The PSC shall report to the Council at regular intervals.
3. The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
Article 11
Participation of third States
1. Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUPM, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from BiH, and that they contribute to the running costs of EUPM, as appropriate.
2. Third States contributing to EUPM shall have the same rights and obligations in terms of day-to-day management of EUPM as Member States.
3. The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
4. Detailed arrangements regarding the participation of third States shall be covered by agreements concluded pursuant to Article 37 TEU and in accordance with Article 218 of the Treaty on the Functioning of the European Union. The HR may negotiate such agreements. Where the Union and a third State conclude an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of EUPM.
Article 12
Financial arrangements
1. The financial reference amount to cover the expenditure related to EUPM for the period from 1 January 2012 to 30 June 2012 shall be EUR 5 250 000.
2. All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. In accordance with the Financial Regulation, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUPM. The Head of Mission shall be responsible for the management of a warehouse stocking used equipment that may also be used to respond to urgent requirements in CSDP deployments. Nationals of participating third States and host country nationals shall be allowed to tender for contracts.
3. The Head of Mission shall report fully to, and be supervised by, the Commission regarding the activities undertaken in the framework of his contract.
4. The financial arrangements shall respect the operational requirements of EUPM, including compatibility of equipment and interoperability of its teams.
5. The expenditure related to EUPM shall be eligible as of 1 January 2012.
Article 13
Security
1. The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EUPM in accordance with Articles 5 and 9, in coordination with the Security Directorate of the European External Action Service (EEAS).
2. The Head of Mission shall be responsible for the security of EUPM and for ensuring compliance with minimum security requirements applicable to EUPM, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the TEU, and its supporting instruments.
3. The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the Security Directorate of the EEAS.
4. The Head of Mission, in consultation with the Security Directorate of the EEAS, shall appoint Area Security Officers in the four field offices, who, under the authority of the SMSO, shall be responsible for the day-to-day management of all security aspects of the respective EUPM elements.
5. EUPM staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
Article 14
Coordination
1. Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union Delegation in BiH to ensure consistency of Union action in support of BiH.
2. The Head of Mission shall coordinate closely with the Union Heads of Missions in BiH.
3. The Head of Mission shall cooperate with the other international actors present in the country, in particular Organisation for Security and Cooperation in Europe, the Council of Europe and the International Criminal Investigation Training Assistance Programme.
Article 15
Release of classified information
1. The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUPM, EU classified information and documents up to ‘RESTREINT UE’ level generated for the purposes of EUPM, in accordance with Decision 2011/292/EU.
2. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to ‘RESTREINT UE’ level which are generated for the purposes of EUPM, in accordance with Decision 2011/292/EU. In all other cases, such information and documents shall be released to the host State in accordance with the appropriate procedures for cooperation by the host State with the Union.
3. The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUPM and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (4).
Article 16
Watch-Keeping Capability
The Watch-Keeping Capability shall be activated for EUPM.
Article 17
Entry into force
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 January 2012 until 30 June 2012.
Done at Brussels, 1 December 2011.
For the Council
The President
C. ASHTON
(1) OJ L 322, 9.12.2009, p. 22.
(3) OJ L 141, 27.5.2011, p. 17.
(4) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/56 |
COUNCIL DECISION 2011/782/CFSP
of 1 December 2011
concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
|
(1) |
On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria (1). |
|
(2) |
On 23 October 2011, the European Council stated that the Union would impose further measures against the Syrian regime as long as the repression of the civilian population continued. |
|
(3) |
In view of the gravity of the situation in Syria, the Council considers it necessary to impose additional restrictive measures. |
|
(4) |
Moreover, additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annex I to Decision 2011/273/CFSP. |
|
(5) |
For the sake of clarity, the measures imposed by Decision 2011/273/CFSP and the additional measures should be integrated into a single legal instrument. |
|
(6) |
Decision 2011/273/CFSP should therefore be repealed. |
|
(7) |
Further action by the Union is needed in order to implement certain measures. |
|
(8) |
In order to ensure that the measures provided for in this Decision are effective, it should enter into force on the day of its adoption, |
HAS ADOPTED THIS DECISION:
CHAPTER 1
EXPORT AND IMPORT RESTRICTIONS
Article 1
1. The sale, supply, transfer or export of arms and related matériel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.
2. It shall be prohibited to:
|
(a) |
provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria; |
|
(b) |
provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria. |
Article 2
1. Article 1 shall not apply to:
|
(a) |
supplies and technical assistance intended solely for the support of or use by the United Nations Disengagement Observer Force (UNDOF); |
|
(b) |
the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations (UN) and the European Union, or for European Union and UN crisis management operations; |
|
(c) |
the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for the protective use of personnel of the European Union and its Member States in Syria; |
|
(d) |
the provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations; |
|
(e) |
the provision of financing and financial assistance related to such equipment or to such programmes and operations; |
on condition that such exports and assistance have been approved in advance by the relevant competent authority.
2. Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Syria by UN personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 3
The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Syrian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Syria and the provision of assistance to install, operate or update such equipment or software shall be prohibited.
The Union shall take the necessary measures in order to determine the relevant elements to be covered by this Article.
Article 4
1. The purchase, import or transport from Syria of crude oil and petroleum products shall be prohibited.
2. It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the prohibitions referred to in paragraph 1.
Article 5
The prohibitions in Article 4 shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011.
Article 6
1. The sale, supply or transfer of key equipment and technology for the following key sectors of the oil and natural gas industry in Syria, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories:
|
(a) |
refining; |
|
(b) |
liquefied natural gas; |
|
(c) |
exploration; |
|
(d) |
production. |
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
2. It shall be prohibited to provide the following to enterprises in Syria that are engaged in the key sectors of the Syrian oil and gas industry referred to in paragraph 1 or to Syrian, or Syrian-owned enterprises engaged in those sectors outside Syria:
|
(a) |
technical assistance or training and other services related to key equipment and technology as referred to in paragraph 1; |
|
(b) |
financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as set out in paragraph 1 or for the provision of related technical assistance or training. |
Article 7
1. The prohibition in Article 6(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts awarded or concluded before 1 December 2011.
2. The prohibitions in Article 6 shall be without prejudice to the execution of an obligation arising from contracts awarded or concluded before 1 December 2011 and relating to investments made in Syria before 23 September 2011 by enterprises established in Member States.
Article 8
The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria shall be prohibited.
RESTRICTIONS ON FINANCING OF CERTAIN ENTERPRISES
Article 9
The following shall be prohibited:
|
(a) |
the granting of any financial loan or credit to enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria; |
|
(b) |
the granting of any financial loan or credit to enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria; |
|
(c) |
the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or in Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature; |
|
(d) |
the acquisition or extension of a participation in enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature; |
|
(e) |
the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control; |
|
(f) |
the creation of any joint venture with enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria and with any subsidiary or affiliate under their control. |
Article 10
1. The prohibitions set out in points (a) and (c) of Article 9:
|
(i) |
shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 September 2011; |
|
(ii) |
shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 September 2011. |
2. The prohibitions set out in points (b) and (d) of Article 9:
|
(i) |
shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011; |
|
(ii) |
shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 1 December 2011. |
RESTRICTIONS ON INFRASTRUCTURE PROJECTS
Article 11
1. Participation in the construction of new power plants for the production of electricity in Syria shall be prohibited.
2. It shall be prohibited to provide technical assistance or financing or financial assistance to the construction of new power plants for the production of electricity in Syria.
3. The prohibition in paragraphs 1 and 2 shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011.
RESTRICTIONS ON FINANCIAL SUPPORT FOR TRADE
Article 12
1. Member States shall exercise restraint in entering into new short and medium term commitments for public and private provided financial support for trade with Syria, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, with a view to reducing their outstanding amounts, in particular to avoid any financial support contributing to the violent repression against the civilian population in Syria. In addition, Member States shall not enter into new long-term commitments for public and private provided financial support for trade with Syria.
2. Paragraph 1 shall not affect commitments established prior to 1 December 2011.
3. Paragraph 1 shall not concern trade for food, agricultural, medical or other humanitarian purposes.
CHAPTER 2
FINANCIAL SECTOR
Article 13
Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the Government of Syria, including through their participation in international financial institutions, except for humanitarian and developmental purposes.
Article 14
The following shall be prohibited:
|
(a) |
any disbursement or payment by the European Investment Bank (EIB) under or in connection with any existing loan agreements entered into between Syria and the EIB; |
|
(b) |
the continuation by the EIB of any existing Technical Assistance Service Contracts for sovereign projects located in Syria. |
Article 15
The following shall be prohibited: the direct or indirect sale or purchase of, or brokering or assistance in the issuance of Syrian public or public-guaranteed bonds issued after 1 December 2011 to and from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, or banks domiciled in Syria, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in Syria, or financial entities that are neither domiciled in Syria nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in Syria as well as any persons and entities acting on their behalf or at their direction, or entities owned or controlled by them.
Article 16
1. The opening of new branches, subsidiaries, or representative offices of Syrian banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest, or the establishment of new correspondent banking relationships by Syrian banks, including the Central Bank of Syria, its branches and subsidiaries and financial entities that are not domiciled in Syria, but are controlled by persons or entities domiciled in Syria, with banks in the jurisdiction of Member States, shall be prohibited.
2. Financial institutions within the territories of the Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries or banking accounts in Syria.
Article 17
1. The provision of insurance and re-insurance to the Government of Syria, its public bodies, corporations and agencies or to any persons or entities acting on their behalf or at their direction, or to entities owned or controlled by them, including through illicit means, shall be prohibited.
2. Paragraph 1 shall not apply to the provision of:
|
(a) |
health or travel insurance to natural persons; |
|
(b) |
compulsory or third party insurance to Syrian persons, entities or bodies based in the Union; |
|
(c) |
insurance or re-insurance to the owner of a vessel, aircraft or vehicle chartered by a Syrian person, entity or body and which person, entity or body is not listed in Annexes I or II. |
CHAPTER 3
RESTRICTIONS ON ADMISSION
Article 18
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in Annex I.
2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
|
(a) |
as a host country to an international intergovernmental organisation; |
|
(b) |
as a host country to an international conference convened by, or under the auspices of, the UN; |
|
(c) |
under a multilateral agreement conferring privileges and immunities; or |
|
(d) |
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy. |
4. Paragraph 3 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
5. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
6. Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Syria.
7. A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
8. Where, pursuant to paragraphs 3 to 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, the authorisation shall be limited to the purpose for which it is given and to the person concerned therewith.
CHAPTER 4
FREEZING OF FUNDS AND ECONOMIC RESSOURCES
Article 19
1. All funds and economic resources belonging to, or owned, held or controlled by persons responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and persons and entities associated with them, as listed in Annexes I and II, shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, the natural or legal persons or entities listed in Annexes I and II.
3. The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
|
(a) |
necessary to satisfy the basic needs of the persons listed in Annexes I and II and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
|
(b) |
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services; |
|
(c) |
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or |
|
(d) |
necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; |
|
(e) |
necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, or evacuations from Syria; |
|
(f) |
to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation. |
A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.
4. By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
|
(a) |
the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person or entity referred to in paragraph 1 of this Article was included in Annex I or II, or of a judicial, administrative or arbitral judgment rendered prior to that date; |
|
(b) |
the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by the applicable laws and regulations governing the rights of persons having such claims; |
|
(c) |
the lien or judgment is not for the benefit of a natural or legal person or entity listed in Annex I or II; and |
|
(d) |
recognising the lien or judgement is not contrary to public policy in the Member State concerned. |
A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
5. Paragraph 1 shall not prevent a designated person or entity from making a payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
6. Paragraph 1 shall not prevent a designated entity listed in Annex II, for a period of two months after the date of its designation, from making a payment from frozen funds or economic resources received by such entity after the date of its designation, where such payment is due under a contract in connection with the financing of trade, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
7. Paragraph 2 shall not apply to the addition to frozen accounts of:
|
(a) |
interest or other earnings on those accounts; or |
|
(b) |
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Decision, |
provided that any such interest, other earnings and payments remain subject to paragraph 1.
CHAPTER 5
GENERAL AND FINAL PROVISIONS
Article 20
No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I and II, or any other person or entity in Syria, including the Government of Syria, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.
Article 21
1. The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the lists in Annexes I and II.
2. The Council shall communicate its decision on listing, including the grounds therefor, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.
3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.
Article 22
1. Annexes I and II shall include the grounds for listing the persons and entities concerned.
2. Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.
Article 23
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions laid down in this Decision.
Article 24
In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
Article 25
This Decision shall apply for a period of 12 months. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
Article 26
Decision 2011/273/CFSP is hereby repealed.
Article 27
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 1 December 2011.
For the Council
The President
C. ASHTON
(1) OJ L 121, 10.5.2011, p. 11.
ANNEX I
List of persons and entities referred to in Articles 18 and 19
A. Persons
|
|
Name |
Identifying information |
Reasons |
Date of listing |
|
1. |
Bashar Al-Assad |
Born 11 September 1965 in Damascus; diplomatic passport No D1903 |
President of the Republic; person authorising and supervising the crackdown on demonstrators. |
23.05.2011 |
|
2. |
Maher (a.k.a. Mahir) Al-Assad |
Born 8 December 1967; diplomatic passport No 4138 |
Commander of the Army’s 4th Armoured Division, member of Ba’ath Party Central Command, strongman of the Republican Guard; brother of President Bashar Al-Assad; principal overseer of violence against demonstrators. |
09.05.2011 |
|
3. |
Ali Mamluk (a.k.a. Mamlouk) |
Born on 19 February 1946 in Damascus; diplomatic passport No 983 |
Head of Syrian General Intelligence Directorate (GID); involved in violence against demonstrators. |
09.05.2011 |
|
4. |
Muhammad Ibrahim Al-Sha’ar (a.k.a. Mohammad Ibrahim Al-Chaar) |
|
Minister of Interior; involved in violence against demonstrators. |
09.05.2011 |
|
5. |
Atej (a.k.a. Atef, Atif) Najib |
|
Former Head of the Political Security Directorate in Dara'a; cousin of President Bashar Al-Assad; involved in violence against demonstrators. |
09.05.2011 |
|
6. |
Hafiz Makhluf (a.k.a. Hafez Makhlouf) |
Born on 2 April 1971 in Damascus; diplomatic passport No 2246 |
Colonel and Head of Unit in General Intelligence Directorate, Damascus Branch; cousin of President Bashar Al-Assad; close to Maher Al-Assad; involved in violence against demonstrators. |
09.05.2011 |
|
7. |
Muhammad Dib Zaytun (a.k.a. Mohammed Dib Zeitoun) |
Born on 20 May 1951 in Damascus; diplomatic passport No D000001300 |
Head of Political Security Directorate; involved in violence against demonstrators. |
09.05.2011 |
|
8. |
Amjad Al-Abbas |
|
Head of Political Security in Banyas, involved in violence against demonstrators in Baida. |
09.05.2011 |
|
9. |
Rami Makhlouf |
Born on 10 July 1969 in Damascus, passport No 454224 |
Syrian businessman; associate of Maher Al-Assad; cousin of President Bashar Al-Assad; provides funding to the regime allowing violence against demonstrators. |
09.05.2011 |
|
10. |
Abd Al-Fatah Qudsiyah |
Born in 1953 in Hama; diplomatic passport No D0005788 |
Head of Syrian Military Intelligence (SMI); involved in violence against the civilian population. |
09.05.2011 |
|
11. |
Jamil Hassan |
|
Head of Syrian Air Force Intelligence; involved in violence against the civilian population. |
09.05.2011 |
|
12. |
Rustum Ghazali |
Born on 3 May 1953 in Dara’a; diplomatic passport No D000000887 |
Head of Syrian Military Intelligence, Damascus Countryside Branch; involved in violence against the civilian population. |
09.05.2011 |
|
13. |
Fawwaz Al-Assad |
Born on 18 June 1962 in Kerdala; passport No 88238 |
Involved in violence against the civilian population as part of the Shabiha militia. |
09.05.2011 |
|
14. |
Munzir Al-Assad |
Born on 1 March 1961 in Latakia; passport No 86449 and No 842781 |
Involved in violence against the civilian population as part of the Shabiha militia. |
09.05.2011 |
|
15. |
Asif Shawkat |
Born on 15 January 1950 in Al-Madehleh, Tartus |
Deputy Chief of Staff for Security and Reconnaissance; involved in violence against the civilian population. |
23.05.2011 |
|
16. |
Hisham Ikhtiyar |
Born in 1941 |
Head of Syrian National Security Bureau; involved in violence against the civilian population. |
23.05.2011 |
|
17. |
Faruq Al Shar’ |
Born on 10 December 1938 |
Vice-President of Syria; involved in violence against the civilian population. |
23.05.2011 |
|
18. |
Muhammad Nasif Khayrbik |
Born on 10 April 1937 (or 20 May 1937) in Hama, diplomatic passport No 0002250 |
Deputy Vice-President of Syria for National Security Affairs; involved in violence against the civilian population. |
23.05.2011 |
|
19. |
Mohamed Hamcho |
Born on 20 May 1966; passport No 002954347 |
Brother-in-law of Maher Al-Assad; businessman and local agent for several foreign companies; provides funding to the regime allowing violence against demonstrators. |
23.05.2011 |
|
20. |
Iyad (a.k.a. Eyad) Makhlouf |
Born on 21 January 1973 in Damascus; passport No N001820740 |
Brother of Rami Makhlouf and GID Officer involved in violence against the civilian population. |
23.05.2011 |
|
21. |
Bassam Al Hassan |
|
Presidential Advisor for Strategic Affairs; involved in violence against the civilian population. |
23.05.2011 |
|
22. |
Dawud Rajiha |
|
Chief of Staff of the Armed Forces responsible for the military involvement in violence against peaceful protesters. |
23.05.2011 |
|
23. |
Ihab (a.k.a. Ehab, Iehab) Makhlouf |
Born on 21 January 1973 in Damascus; passport No N002848852 |
Vice-President of SyriaTel and caretaker for Rami Makhlouf's US company; provides funding to the regime allowing violence against demonstrators. |
23.05.2011 |
|
24. |
Zoulhima Chaliche (Dhu al-Himma Shalish) |
Born in 1951 or 1946 in Kerdaha. |
Head of presidential security; involved in violence against demonstrators; first cousin of President Bashar Al-Assad. |
23.6.2011 |
|
25. |
Riyad Chaliche (Riyad Shalish) |
|
Director of Military Housing Establishment; provides funding to the regime; first cousin of President Bashar Al-Assad. |
23.6.2011 |
|
26. |
Brigadier Commander Mohammad Ali Jafari (a.k.a. Ja’fari, Aziz; a.k.a. Jafari, Ali; a.k.a. Jafari, Mohammad Ali; a.k.a. Ja’fari, Mohammad Ali; a.k.a. Jafari-Najafabadi, Mohammad Ali) |
Born 1 Sep 1957 in Yazd, Iran. |
General Commander of Iranian Revolutionary Guard Corps, involved in providing equipment and support to help the Syrian regime suppress protests in Syria. |
23.6.2011 |
|
27. |
Major General Qasem Soleimani (a.k.a. Qasim Soleimany) |
|
Commander of Iranian Revolutionary Guard Corps, IRGC - Qods, involved in providing equipment and support to help the Syrian regime suppress protests in Syria. |
23.6.2011 |
|
28. |
Hossein Taeb (a.k.a. Taeb, Hassan; a.k.a. Taeb, Hosein; a.k.a. Taeb, Hossein; a.k.a. Taeb, Hussayn; a.k.a. Hojjatoleslam Hossein Ta’eb) |
Born 1963 in Tehran, Iran. |
Deputy Commander for Intelligence of Iranian Revolutionary Guard Corps, involved in providing equipment and support to help the Syrian regime suppress protests in Syria. |
23.6.2011 |
|
29. |
Khalid Qaddur |
|
Business associate of Maher Al-Assad; provides funding to the regime. |
23.6.2011 |
|
30. |
Ra’if Al-Quwatli (a.k.a. Ri’af Al-Quwatli) |
|
Business associate of Maher Al-Assad; provides funding to the regime. |
23.6.2011 |
|
31. |
Mohammad Mufleh |
|
Head of Syrian Military Intelligence in the town of Hama, involved in the crackdown on demonstrators. |
1.8.2011 |
|
32. |
Major General Tawfiq Younes |
|
Head of the Department for Internal Security of the General Intelligence Directorate; involved in violence against the civilian population. |
1.8.2011 |
|
33. |
Mr Mohammed Makhlouf (a.k.a. Abu Rami) |
Born in Latakia, Syria, 19.10.1932 |
Close associate and maternal uncle of Bashar and Mahir al-Assad. Business associate and father of Rami, Ihab and Iyad Makhlouf. |
1.8.2011 |
|
34. |
Ayman Jabir |
Born Latakia |
Associate of Mahir al-Assad for the Shabiha militia. Directly involved in repression and violence against the civilian population and coordination of Shabiha militia groups |
1.8.2011 |
|
35. |
General Ali Habib Mahmoud |
Born Tartous, 1939. Appointed Minister for Defence 3 June 2009 |
Minister for Defence. Responsible for conduct and operations of Syrian Armed Forces involved in repression and violence against the civilian population |
1.8.2011 |
|
36. |
Hayel Al-Assad |
|
Assistant to Maher Al-Assad, Head of the military police unit of the army's 4th Division, involved in repression. |
23.8.2011 |
|
37. |
Ali Al-Salim |
|
Director of the supplies office of the Syrian Ministry of Defence, entry point for all arms acquisitions by the Syrian army. |
23.8.2011 |
|
38. |
Nizar Al-Assad (
|
Cousin of Bashar Al-Assad; previously head of the ‘Nizar Oilfield Supplies’ company. |
Very close to key government officials. Financing Shabiha in the region of Latakia. |
23.8.2011 |
|
39. |
Brigadier-General Rafiq Shahadah |
|
Head of Syrian Military Intelligence (SMI) Branch 293 (Internal Affairs) in Damascus. Directly involved in repression and violence against the civilian population in Damascus. Advisor to President Bashar Al-Assad for strategic questions and military intelligence. |
23.8.2011 |
|
40. |
Brigadier-General Jamea Jamea (Jami Jami) |
|
Branch Chief for Syrian Military Intelligence (SMI) in Dayr az-Zor. Directly involved in repression and violence against the civilian population in Dayr az-Zor and Alboukamal. |
23.8.2011 |
|
41. |
Hassan Bin-Ali Al-Turkmani |
Born 1935 in Aleppo |
Deputy Vice Minister, former Minister for Defence, Special Envoy of President Bashar Al-Assad. |
23.8.2011 |
|
42. |
Muhammad Said Bukhaytan |
|
Assistant Regional Secretary of Ba’ath Arab Socialist Party since 2005, 2000-2005 Director for the national security of the regional Ba’ath party. Former Governor of Hama (1998-2000). Close associate of President Bashar Al-Assad and Maher Al-Assad. Senior decision-maker in the regime on repression of civilian population. |
23.8.2011 |
|
43. |
Ali Douba |
|
Responsible for killings in Hama in 1980, has been called back to Damascus as special advisor to President Bashar Al-Assad. |
23.8.2011 |
|
44. |
Brigadier-General Nawful Al-Husayn |
|
Idlib Syrian Military Intelligence (SMI) Branch Chief. Directly involved in repression and violence against the civilian population in Idlib province. |
23.8.2011 |
|
45. |
Brigadier Husam Sukkar |
|
Presidential Adviser on Security Affairs. Presidential Adviser for security agencies’ repression and violence against the civilian population. |
23.8.2011 |
|
46. |
Brigadier-General Muhammed Zamrini |
|
Branch Chief for Syrian Military Intelligence (SMI) in Homs. Directly involved in repression and violence against the civilian population in Homs. |
23.8.2011 |
|
47. |
Lieutenant-General Munir Adanov (Adnuf) |
|
Deputy Chief of General Staff, Operations and Training for Syrian Army. Directly involved in repression and violence against the civilian population in Syria. |
23.8.2011 |
|
48. |
Brigadier-General Ghassan Khalil |
|
Head of General Intelligence Directorate’s (GID) Information Branch. Directly involved in repression and violence against the civilian population in Syria. |
23.8.2011 |
|
49. |
Mohammed Jabir |
Born in Latakia |
Shabiha militia. Associate of Maher Al-Assad for the Shabiha militia. Directly involved in repression and violence against the civilian population and coordination of Shabiha militia groups. |
23.8.2011 |
|
50. |
Samir Hassan |
|
Close business associate of Maher Al-Assad. Known for supporting the Syrian regime financially. |
23.8.2011 |
|
51. |
Fares Chehabi (Fares Shihabi) |
|
President of Aleppo Chamber of Industry. Provides financial support to the Syrian regime. |
2.09.2011 |
|
52. |
Emad Ghraiwati |
Born March 1959 in Damascus, Syria |
President of the Damascus Chamber of Industry (Zuhair Ghraiwati Sons). Provides financial support to the Syrian regime. |
2.9.2011 |
|
53. |
Tarif Akhras |
Born 1949 in Homs, Syria |
Founder of the Akhras Group (commodities, trading, processing and logistics), Homs. Provides financial support to the Syrian regime. |
2.9.2011 |
|
54. |
Issam Anbouba |
Born 1949 in Latakia, Syria |
President of Issam Anbouba Est. for agro-industry. Provides financial support to the Syrian regime. |
2.9.2011 |
|
55. |
Tayseer Qala Awwad |
Born 1943 in Damascus |
Minister of Justice. Associated with the Syrian regime, including by supporting its policies and practices of arbitrary arrest and detention. |
23.09.2011 |
|
56. |
Dr Adnan Hassan Mahmoud |
Born 1966 in Tartous |
Minister of Information. Associated with the Syrian regime, including by supporting and promoting its information policy. |
23.09.2011 |
|
57. |
Major General Jumah Al-Ahmad |
|
Commander Special Forces. Responsible for the use of violence against protestors across Syria. |
14.11.2011 |
|
58. |
Colonel Lu’ai al-Ali |
|
Head of Syrian Military Intelligence, Dara’a Branch. Responsible for the violence against protesters in Dara’a. |
14.11.2011 |
|
59. |
Lt. General Ali Abdullah Ayyub |
|
Deputy Chief of General Staff (Personnel and Manpower). Responsible for the use of violence against protestors across Syria. |
14.11.2011 |
|
60. |
Lt. General Jasim al-Furayj |
|
Chief of General staff. Responsible for the use of violence against protestors across Syria. |
14.11.2011 |
|
61. |
General Aous (Aws) ASLAN |
Born 1958 |
Head of Battalion in the Republican Guard. Close to Maher al-ASSAD and President al-ASSAD. Involved in the crackdown on the civilian population across Syria. |
14.11.2011 |
|
62. |
General Ghassan Belal |
|
General in command of the 4th Division reserve bureau. Adviser to Maher al-ASSAD and coordinator of security operations. Responsible for the crackdown on the civilian population across Syria. |
14.11.2011 |
|
63. |
Abdullah Berri |
|
Head of Berri family militia. In charge of pro-government militia involved in the crackdown on the civilian population in Aleppo. |
14.11.2011 |
|
64. |
George Chaoui |
|
Member of Syrian electronic army. Involved in the violent crackdown and call for violence against the civilian population across Syria. |
14.11.2011 |
|
65. |
Major General Zuhair Hamad |
|
Deputy Head of General Intelligence Directorate. Responsible for the use of violence across Syria and for intimidation and torture of protestors. |
14.11.2011 |
|
66. |
Amar Ismael |
|
Civilian - Head of Syrian electronic army (territorial army intelligence service). Involved in the violent crackdown and call for violence against the civilian population across Syria. |
14.11.2011 |
|
67. |
Mujahed Ismail |
|
Member of Syrian electronic army. Involved in the violent crackdown and call for violence against the civilian population across Syria. |
14.11.2011 |
|
68. |
Saqr Khayr Bek |
|
Deputy Minister for the Interior. Responsible for the use of violence against the civilian population in Syria. |
14.11.2011 |
|
69. |
Major General Nazih |
|
Deputy Director of General Intelligence Directorate. Responsible for the use of violence across Syria and intimidation and torture of protestors. |
14.11.2011 |
|
70. |
Kifah Moulhem |
|
Batallion Commander in the 4th Division. Responsible for the crackdown on the civilian population in Deir el-Zor. |
14.11.2011 |
|
71. |
Major General Wajih Mahmud |
|
Commander 18th Armoured Division. Responsible for the violence against protestors in Homs. |
14.11.2011 |
|
72. |
Bassam Sabbagh |
Born on 24 August 1959 in Damascus. Address: Kasaa, Anwar al Attar Street, al Midani building, Damascus. Syrian passport no 004326765 issued 2 November 2008, valid until November 2014. Member of the Paris Bar. |
Head of Sabbagh & Associates law firm (Damascus). Legal and financial adviser and manages affairs of Rami Makhlouf and Khaldoun Makhlouf. Involved with Bashar al-Assad in funding a real estate project in Latakia. Provides financial support for the regime. |
14.11.2011 |
|
73. |
Lt. General Mustafa Tlass |
|
Deputy Chief of General Staff (Logistics and supplies). Responsible for the use of violence against protestors across Syria. |
14.11.2011 |
|
74. |
Major General Fu’ad Tawil |
|
Deputy head Syrian Air Force Intelligence. Responsible for the use of violence across Syria and intimidation and torture of protestors. |
14.11.2011 |
|
75. |
Mohammad Al-Jleilati |
Born 1945 in Damascus |
Minister of Finance. Responsible for the Syrian economy |
1.12.2011 |
|
76. |
Dr. Mohammad Nidal Al-Shaar |
Born 1956 in Aleppo |
Minister of Economy and Trade. Responsible for the Syrian economy. |
1.12.2011 |
|
77. |
Lt. General Fahid Al-Jassim |
|
Chief of Staff. Military official involved in the violence in Homs |
1.12.2011 |
|
78. |
Major General Ibrahim Al-Hassan |
|
Deputy Chief of Staff. Military official involved in the violence in Homs |
1.12.2011 |
|
79. |
Brigadier Khalil Zghraybih |
|
14th Division. Military official involved in the violence in Homs |
1.12.2011 |
|
80. |
Brigadier Ali Barakat |
|
103rd Brigade of the Republican Guard Division. Military official involved in the violence in Homs |
1.12.2011 |
|
81. |
Brigadier Talal Makhluf |
|
103rd Brigade of the Republican Guard Division. Military official involved in the violence in Homs |
1.12.2011 |
|
82. |
Brigadier Nazih Hassun |
|
Syrian Air Force Intelligence. Military official involved in the violence in Homs |
1.12.2011 |
|
83. |
Captain Maan Jdiid |
|
Presidential Guard. Military official involved in the violence in Homs |
1.12.2011 |
|
84. |
Muahmamd Al-Shaar |
|
Political Security Division. Military official involved in the violence in Homs |
1.12.2011 |
|
85. |
Khald Al-Taweel |
|
Political Security Division. Military official involved in the violence in Homs |
1.12.2011 |
|
86. |
Ghiath Fayad |
|
Political Security Division. Military official involved in the violence in Homs |
1.12.2011 |
B. Entities
|
|
Name |
Identifying information |
Reasons |
Date of listing |
||||||
|
1. |
Bena Properties |
|
Controlled by Rami Makhlouf; provides funding to the regime. |
23.6.2011 |
||||||
|
2. |
Al Mashreq Investment Fund (AMIF) (alias Sunduq Al Mashrek Al Istithmari) |
|
Controlled by Rami Makhlouf; provides funding to the regime. |
23.6.2011 |
||||||
|
3. |
Hamcho International (Hamsho International Group) |
|
Controlled by Mohammad Hamcho or Hamsho; provides funding to the regime. |
23.6.2011 |
||||||
|
4. |
Military Housing Establishment (alias MILIHOUSE) |
|
Public works company controlled by Riyad Shalish and Ministry of Defence; provides funding to the regime. |
23.6.2011 |
||||||
|
5. |
Political Security Directorate |
|
Syrian government agency directly involved in repression. |
23.8.2011 |
||||||
|
6. |
General Intelligence Directorate |
|
Syrian government agency directly involved in repression. |
23.8.2011 |
||||||
|
7. |
Military Intelligence Directorate |
|
Syrian government agency directly involved in repression. |
23.8.2011 |
||||||
|
8. |
Air Force Intelligence Agency |
|
Syrian government agency directly involved in repression. |
23.8.2011 |
||||||
|
9. |
IRGC Qods Force (Quds Force) |
Teheran, Iran |
The Qods (or Quds) Force is a specialist arm of the Iranian Islamic Revolutionary Guard Corps (IRGC). The Qods Force is involved in providing equipment and support to help the Syria regime suppress protests in Syria. IRGC Qods Force has provided technical assistance, equipment and support to the Syrian security services to repress civilian protest movements. |
23.8.2011 |
||||||
|
10. |
Mada Transport |
Subsidiary of Cham Holding (Sehanya Dara'a Highway, PO Box 9525 Tel: 00 963 11 99 62) |
Economic entity financing the regime. |
2.09.2011 |
||||||
|
11. |
Cham Investment Group |
Subsidiary of Cham Holding (Sehanya Dara'a Highway, PO Box 9525 Tel: 00 963 11 99 62) |
Economic entity financing the regime. |
2.09.2011 |
||||||
|
12. |
Real Estate Bank |
|
State-owned bank providing financial support for the regime. |
2.09.2011 |
||||||
|
13. |
Addounia TV (a.k.a. Dounia TV) |
Tel: +963-11-5667274, +963-11-5667271, Fax: +963-11-5667272 Website: http://www.addounia.tv |
Addounia TV has incited violence against the civilian population in Syria. |
23.09.2011 |
||||||
|
14. |
Cham Holding |
|
Controlled by Rami Makhlouf; largest holding company in Syria, benefiting from and supporting the regime. |
23.09.2011 |
||||||
|
15. |
El-Tel Co. (El-Tel Middle East Company) |
|
Manufacturing and supplying telecommunication equipment for the Army. |
23.09.2011 |
||||||
|
16. |
Ramak Constructions Co. |
|
Construction of military barracks, border post barracks and other buildings for Army needs. |
23.09.2011 |
||||||
|
17. |
Souruh Company (a.k.a. SOROH Al Cham Company) |
|
Investment in local military industrial projects, manufacturing weapons parts and related items. 100% of the company is owned by Rami Makhlouf. |
23.09.2011 |
||||||
|
18. |
Syriatel |
|
Controlled by Rami Makhlouf; provides financial support to the regime: through its licensing contract it pays 50 % of its profits to the Government. |
23.09.2011 |
||||||
|
19. |
Cham Press TV |
|
Television channel which participates in campaigns to spread disinformation and incite violence against demonstrators |
1.12.2011 |
||||||
|
20. |
Al Watan |
|
Daily newspaper which participates in campaigns to spread disinformation and incite violence against demonstrators |
1.12.2011 |
||||||
|
21. |
Centre d’études et de recherches syrien (CERS) (CERS, Centre d’Etude et de Recherche Scientifique; SSRC, Scientific Studies and Research Center; Centre de Recherche de Kaboun |
Barzeh Street, PO Box 4470, Damas |
Provides support to the Syrian army for the acquisition of equipment used directly for the surveillance and repression of demonstrators. |
1.12.2011 |
||||||
|
22. |
Business Lab |
|
Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
||||||
|
23. |
Industrial Solutions |
|
Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
||||||
|
24. |
Mechanical Construction Factory (MCF) |
P.O. Box 35202, Industrial Zone, Al-Qadam Road, Damas |
Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
||||||
|
25. |
Syronics – Syrian Arab Co. for Electronic Industries |
|
Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
||||||
|
26. |
Handasieh – Organization for Engineering Industries |
|
Front company for the acquisition of sensitive equipment by the CERS. |
1.12.2011 |
||||||
|
27. |
Syria Trading Oil Company (Sytrol) |
Prime Minister Building, 17 Street Nissan, Damascus, Syria. |
State-owned company responsible for all oil exports from Syria. Provides financial support to the regime. |
1.12.2011 |
||||||
|
28. |
General Petroleum Corporation (GPC) |
|
State-owned oil company. Provides financial support to the regime. |
1.12.2011 |
||||||
|
29. |
Al Furat Petroleum Company |
|
Joint venture 50 % owned by GPC. Provides financial support to the regime. |
1.12.2011 |
ANNEX II
List of entities referred to in Article 19(1)
Entities
|
|
Name |
Identifying information |
Reasons |
Date of listing |
||||
|
1. |
Commercial Bank of Syria |
Tel: +963 11 2218890 Fax: +963 11 2216975 General management: dir.cbs@mail.sy |
State-owned bank providing financial support to the regime. |
13.10.2011 |
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/71 |
COUNCIL DECISION 2011/783/CFSP
of 1 December 2011
amending Decision 2010/413/CFSP concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (1), and in particular Article 23(2) thereof,
Whereas:
|
(1) |
On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran. |
|
(2) |
The Council has carried out a complete review of the list of persons and entities, as set out in Annex II to Decision 2010/413/CFSP, to which Articles 19(1)(b) and 20(1)(b) of that Decision apply. When doing so, the Council took account of observations submitted by those concerned. |
|
(3) |
The Council has concluded that the persons and entities listed in Annex II to Decision 2010/413/CFSP should continue to be subject to the specific restrictive measures provided for in that Decision. |
|
(4) |
The Council has also concluded that the entries concerning certain entities included in Annex II to Decision 2010/413/CFSP should be amended. |
|
(5) |
Moreover, in view of the continued concern over the expansion of Iran's nuclear and missiles programmes expressed by the European Council on 23 October 2011, additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annex II to Decision 2010/413/CFSP. |
|
(6) |
The list of persons and entities referred to in Articles 19(1)(b) and 20(1)(b) of Decision 2010/413/CFSP should be updated accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Decision 2010/413/CFSP shall be amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 1 December 2011.
For the Council
The President
C. ASHTON
(1) OJ L 195, 27.7.2010, p. 39.
ANNEX
Annex II to Decision 2010/413/CFSP shall be amended as follows:
|
(1) |
The following persons and entities shall be added to the list set out in Annex II: I. Persons and entities involved in nuclear or ballistic missiles activities A. Persons
B. Entities
II. Islamic Revolutionary Guard Corps (IRGC) A. Persons
B. Entities
III. Islamic Republic of Iran Shipping Lines (IRISL) A. Persons
B. Entities
|
|
(2) |
The entries for the entities named below shall be replaced by the entries set out below: I. Persons and entities involved in nuclear or ballistic missiles activities B. Entities
III. Islamic Republic of Iran Shipping Lines (IRISL) B. Entities
|
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/92 |
COMMISSION DECISION
of 25 August 2011
on State aid C 39/09 (ex N 385/09) — Latvia — Public financing of port infrastructure in Ventspils Port
(notified under document C(2011) 6043)
(Only the Latvian text is authentic)
(Text with EEA relevance)
(2011/784/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above (1),
Whereas:
1. PROCEDURE
|
(1) |
By electronic notification of 26 June 2009, Latvia notified, according to Article 108(3) of the Treaty on the Functioning of the European Union (TFEU), a measure providing for public financing for the construction of port infrastructure in Ventspils Port. |
|
(2) |
By letter dated 15 December 2009, the Commission informed Latvia that it had decided to initiate the formal investigation procedure laid down in Article 108(2) of the TFEU in respect of part of the measure. |
|
(3) |
The Commission decision to initiate the procedure was published in the Official Journal of the European Union (2) (hereinafter ‘the opening decision’). The Commission called on interested parties to submit their comments. |
|
(4) |
The Commission received no comments from interested parties. With letters dated 16 March 2010, 7 April 2010, 12 April 2010 and 14 April 2010 the Latvian authorities submitted their comments on the opening decision. |
|
(5) |
The Commission requested additional information on the measure by letters dated 21 September 2010, 22 December 2010 and 18 March 2011. The Latvian authorities provided the information requested by letters dated 8 October 2010, 20 January 2011, 22 March 2011 and 31 March 2011. |
|
(6) |
Additionally, several meetings took place between the Commission services and the Latvian authorities. These meetings were preceded and followed by the dispatch of additional information by the Latvian authorities. |
2. DESCRIPTION
2.1. THE PROJECT
|
(7) |
The objective of the project is to upgrade the port infrastructure. The project consists of the following sub-projects to be developed during 2010-2014:
|
2.2. SCOPE OF THE PRESENT DECISION
|
(8) |
In its decision of 15 December 2009 (3), the Commission considered that it was not necessary to decide whether the public financing of the breakwater, the fortification of the coast of the channel and the renovation of the mooring jetties used by the ships of the port authority involved State aid within the meaning of Article 107(1) TFEU at the level of the port authority, since such aid would be compatible with the internal market. |
|
(9) |
As regards the public financing of the dredging and the access railroads, the Commission considered that it involved State aid within the meaning of Article 107(1) TFEU and declared the aid at the level of the port authority as compatible with the internal market. |
|
(10) |
As regards the public financing of the new terminal and the two berths, the Commission considered that it involved aid at the level of the port authority. The Commission concluded that the aid to the port authority was compatible with the internal market. |
|
(11) |
The dry-bulk terminal and the two berths will be operated by private parties. To that end, the port authority will conclude concession contracts with port service providers for a period of 35 years. No tender will be carried out in order to grant the concession contracts. The concession fee to be paid by the chosen port services providers has been established beforehand on the basis of an evaluation carried out by an independent expert. |
|
(12) |
In its decision of 15 December 2009, the Commission raised doubts as to whether the price of concession would not involve State aid. On the basis of the information available at that stage, the Commission could not conclude on the aid character of the public financing at the level of the three concession holders of the user-specific port infrastructure. |
|
(13) |
The Commission also found that end-users will have access to the newly built infrastructure on non-discriminatory conditions. |
|
(14) |
Consequently, only potential aid at the level of the concession holders has been subject to the formal investigation procedure. |
2.3. CONCESSION CONTRACTS
2.3.1. THE DRY BULK TERMINAL
|
(15) |
The port authority intends to grant the concession contract for the operation of the newly built terminal to […] (4). Currently the operator is carrying out cargo handling operations in the territory leased by the port authority to […] on the basis of a sublease agreement concluded with […]. |
|
(16) |
According to the Latvian authorities, […] intends to extend its operations and use the leased territory in its entirety for its own operations, and therefore plans to terminate the sublease agreement. |
|
(17) |
The port authority decided to construct a new terminal and subsequently grant the concession to […], so that […] can continue to operate in the port. |
2.3.2. BERTH No 35 FOR LIQUID CARGO
|
(18) |
According to the Latvian authorities, the restoration of the capacity of liquid cargoes in the port of Ventspils is linked to this particular location because of constraints related to the required depth for accommodation of liquid cargo vessels of appropriate tonnage. |
|
(19) |
The entire adjacent territory is currently leased to […]. The intention of the Latvian authorities is to grant the concession contract for the operation of the new berth to the […] since it has handled liquid cargoes in the port and therefore already owns the required equipment for transhipment of liquid cargoes, including fire extinguishing equipment. |
2.3.3. BERTH No 12 FOR GENERAL AND BULK CARGO
|
(20) |
One of the users of the berth will be a subsidiary of […], which intends to establish a building modules factory on the territory of the port on the basis of a long-term land lease agreement with the port authority. The building modules will be transported to export markets by ro-ro vessels. |
|
(21) |
Transport of the modules from the factory itself to the berth will be carried out by rail and road, along the territory of Universal terminal No 2 operated by […]. To this end, a trilateral agreement between […], […] and the port authority will be signed after the construction of the berth. |
|
(22) |
According to the Latvian authorities, […] and […] are the only potential operators of berth No 12. The port authority initially intended to grant the concession to the […]. |
2.4. GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE AS REGARDS THE AID CHARACTER OF THE MEASURE AT THE LEVEL OF THE CONCESSION HOLDERS
2.4.1. EXISTENCE OF STATE AID
|
(23) |
In its opening decision, the Commission took the preliminarily view that the criteria required to conclude that the port authority behaved like a private investor when establishing the concession fees to be charged to the future concession holders were not fully complied with. |
|
(24) |
The Commission expressed doubts both as to the methodology used to establish the concession fee itself, as well as to the independent character of the expert’s valuation. |
2.4.1.1. Methodologies used by the port authority to establish the concession fees
|
(25) |
The independent expert which valuated the concession fees has used two different methodologies, namely benchmarking and income. With regard to the liquid berth, the expert only used income. |
|
(26) |
With regard to benchmarking, the Commission observed that it was mainly based on ongoing contracts in the same port. Therefore, the Commission raised doubts as to its reliability. The Commission noted that such benchmarking could not be conclusive insofar as there was no indication that a market oriented concession fee is paid pursuant to the contracts used as reference. In addition, the Commission noted that the analysis has been carried out in respect to the same three concession agreements for both the dry bulk terminal and berth No 12 for general and bulk cargo, despite the fact that those terminals appear to differ substantially in their nature. |
|
(27) |
With regard to the income approach used in the evaluation, the Commission observed that it did not appear to reflect the entirety of the investment cost in the case of the dry bulk terminal and berth No 12. |
2.4.1.2. Independent character of the expert’s valuation
|
(28) |
The Commission noted that a decision taken by the port board already in March 2006 showed the commitment of the port to grant the concession for the operation of berth No 35 to […] after completion of the construction works. The methodology of calculation of the concession fee, based on the same principles as the independent evaluation, is detailed therein. Consequently, the Commission raised doubts as to the independent character of the evaluation as such. |
2.4.1.3. Conclusion
|
(29) |
The Commission considered that the public financing of the construction of the terminal and the two berths appeared to provide a selective economic advantage to the operators of the infrastructure in question and thus to constitute aid in the meaning of Article 107(1) TFEU. |
2.4.2. COMPATIBILITY OF THE AID
|
(30) |
The Commission took the preliminary view that any aid to the concession holders would constitute operating aid, relieving them from costs they would normally have to bear. According to the case law of the Court, such operating aid is in principle incompatible with the internal market (5). |
3. COMMENTS FROM LATVIA
3.1.1. THE CONCESSION HOLDERS
|
(31) |
The Latvian authorities maintain that the three operators have been chosen by the port authority on objective grounds and represent the most viable alternative as operators of the newly built infrastructure. |
3.1.1.1. Dry cargo terminal
|
(32) |
The port authority intends to grant the concession for the operation of the dry bulk terminal to […], dealing mainly with the transhipment of wood. The Latvian authorities explain that the presence of […] in the port is essential because of the particular significance of wood exports in the region. |
|
(33) |
As explained above, […] is currently providing cargo handling services in the territory leased by the port authority to […] on the basis of a sublease agreement concluded with the […]. Given that […] intends to extend its operations and use the leased territory in its entirety, the port board adopted in October 2005 a resolution to construct a new terminal and subsequently grant the concession for its operation to […] (see Annex I). |
|
(34) |
The Latvian authorities maintain that the decision to award the concession contract to this particular operator is based on purely objective commercial grounds. In this sense the Latvian authorities underline that […] represents the most feasible solution for the operation of the terminal since it already owns the equipment required for the handling of dry cargoes. In addition, no other potential concessionaire has expressed an interest to operate the dry bulk terminal. The Latvian authorities underline that it is in the interest of the port authority to initiate negotiations with all potentially interested parties, in particular since a significant portion of port land is still unused. |
|
(35) |
[…] has already transhipped in the port more than […] thousand m3 per year and has thus already established a solid business network. The port authority considers that the company would be able to maintain such cargo turnover in the future and thus offer the required guarantees as regards the recovery of the investments carried out by the port authority. |
3.1.1.2. Berth No 35
|
(36) |
The berth will replace jetty No 1 for the transhipment of liquid hazardous cargoes. The jetty is currently outdated and cannot therefore be used for cargo handling. As explained above, the restoration of the capacity of liquid cargoes in the port of Ventspils is linked to this particular location because of safety requirements and constraints related to the required depth for liquid cargo vessels of appropriate tonnage. |
|
(37) |
The Latvian authorities state that granting the concession for the operation of berth No 35 to a different company is not possible in practice precisely due to the specific location of the infrastructure at stake within the port. Currently the entirety of the adjacent port territory is leased to […] (see Annex II). |
|
(38) |
Moreover, it is argued that, similarly to […], since […] has already handled liquid cargoes in Ventspils port, the operator owns all the equipment required for transhipment of liquid cargoes, which is essential to the operation of the berth. |
3.1.1.3. Berth No 12
|
(39) |
The project aims to increase the discharge capacity of general cargo. The Latvian authorities explain that the decision to construct the berth is linked to the conclusion by the port authority of a long-term land lease agreement with a subsidiary of […]. The subsidiary of […] intends to establish a building modules factory on the territory of the port. The building modules may only be transported to export markets by ro-ro vessels. |
|
(40) |
The Latvian authorities however underline that prior to the conclusion of the lease contract with […], the port authority participated to various tenders organised by freight forwarders and potential concessionaires of berth No 12, such as […], but was unsuccessful. |
|
(41) |
According to the Latvian authorities, transport of the modules from the factory itself to the berth can only be carried out by rail and road, alongside the territory of Universal terminal No 2 operated by […]. To this end, a trilateral agreement between […], […] and the port authority will be signed after the construction of the berth. |
|
(42) |
Furthermore, the Latvian authorities state that there are only two potential operators of the berth, i.e. […] and […]. By the comments submitted in the context of the formal investigation procedure, the Latvian authorities have clarified that the concession contract for the operation of the berth would be granted to […]. |
|
(43) |
Given that the only way to deliver the building modules from the factory to berth No 12 is through the territory leased to the […] (see Annex III), the port authority considers […] as the most realistic alternative. |
|
(44) |
In addition, the Latvian authorities underline that the surface of the port plot adjacent to the berth does not allow storage of cargo. Therefore it is necessary to ensure the reliable connections with other areas of the port where storage is possible. |
|
(45) |
It is also claimed that, considering both the location of the berth as well as its technical parameters, the berth will serve freight forwarders located in an area up to 12 ha, irrespective of the type of cargo handled. |
3.1.2. THE EXPERT VALUATION
|
(46) |
Separate valuations have been carried out for each of the concession contracts for the user specific infrastructure. The Latvian authorities maintain that these valuations have been carried out in accordance with the Latvian Valuation Standards and International Valuation Standards. |
|
(47) |
As regards the methodology used, the Latvian authorities underline that, given the location and characteristic of the Riga and Liepaja ports, the benchmarking exercise (the so-called ‘comparison approach’) is fully reliable. The concession fees paid by the service providers operating in these ports have been provided by the port authorities themselves and should therefore be considered as trustworthy. |
|
(48) |
According to the Latvian authorities, the reviewed valuations, based on cash flow analysis, should also allay the Commission’s doubts as regards their independent character. |
|
(49) |
In what follows, the Commission will detail in turn the methodology used by the expert to establish the concession fees. |
3.1.2.1. Dry cargo terminal
|
(50) |
The assessment is based on two methods, as follows: |
|
(51) |
The benchmarking exercise is carried out in respect of three contracts considered as comparable in Ventspils port. The expert used correction quotients in order to establish an adequate concession fee. The following factors were taken into account: time and conditions of conclusion of the contract, location, description of the berths, rent area, technical conditions of terminals and access to utilities. |
|
(52) |
The calculated concession fee equals EUR […] per sm per year. The valuer set the concession fee at EUR […] per sm per year. |
|
(53) |
The income approach is used to assess whether the discounted values of future income allow full coverage of the total investment costs (including the loading area, dredging and access railways costs) and provides for financial projections for a period of 25 years. Estimated income and costs are corrected by a discount rate of 7,5 %, which reflects the investment risk level. |
|
(54) |
The independent appraisal takes into account income from port dues and fees and income resulting from the use of port land and infrastructure. Total investment costs are taken into account. |
|
(55) |
Based on different levels of cargo turnover, the net present value (NPV), internal rate of return (IRR) and benefit costs ratio (BCR) are forecasted for concession fees ranging from EUR […] per sm to EUR […] per sm per year. The financial indicators justify a concession fee of at least EUR […] per sm per year at an average cargo turnover of […] tonnes per year and EUR […] per sm per year for an average cargo turnover of […] tonnes per year. If the average turnover exceeds […] tonnes per year, the concession fee can be minimal. |
|
(56) |
Given that the forecasted average cargo turnover is […] tons per year, the independent valuer concludes that an annual concession fee between EUR […] and EUR […] per sm per year is justified. |
|
(57) |
Taking into account both methods detailed above, the independent valuer set the concession fee at EUR […] per sm per year. |
|
(58) |
The table below provides the values of the financial indicators of the project taking into account the resulted concession fee: Cargo turnover […] tonnes, concession fee EUR […] per sm per year, discount rate 7,5 %, growth rate 2,28 %
|
|
(59) |
Thus the appraisal of the independent valuer confirmed the appropriateness of the concession fee calculated as detailed above, i.e. EUR […] per sm per year. |
3.1.2.2. Berth No 35
|
(60) |
The income approach provides for financial projections for a period of 25 years. Estimated income and costs are corrected by the same discount rate of 7,5 %, which reflects the investment risk level. |
|
(61) |
The independent appraisal takes into account income from port dues and fees and income resulting from the use of port land and infrastructure. Total investment costs are taken into account. |
|
(62) |
Based on different levels of cargo turnover, the net present value (NPV), internal rate of return (IRR) and benefit costs ratio (BCR) are forecasted for concession fees ranging from EUR […] to EUR […] per year. The financial indicators justify an annual concession fee above EUR […] per year for an expected cargo turnover of […] tonnes per year and higher than EUR […] per year for an expected turnover of […] tonnes per year. For higher cargo turnover the concession fee may be minimal. |
|
(63) |
Considering that the 30-year depreciation period of deep water berths, the independent valuer established the value of the concession fee at EUR […] per year, i.e. 1/30 of the berth investment costs, excluding dredging works. |
|
(64) |
The table below indicates the financial results of the project for an annual cargo turnover of […] tonnes, taking into account a concession fee of EUR […] per year. Total investment costs, including dredging works, have been taken into account in the calculation. Cargo turnover […] tonnes, concession fee EUR […] per year, discount rate 7,5 %, growth rate 2,28 %
|
|
(65) |
Thus the valuer set the concession fee at EUR […] per year (instead of EUR […] per year, as initially foreseen). |
3.1.2.3. Berth No 12
|
(66) |
The valuation is based on two methods, i.e. the comparable transaction approach and the income approach. |
|
(67) |
First, the concession contract is benchmarked against three contracts considered as comparable in Ventspils port. Taking into consideration the specific features and characteristics of the infrastructure subject to these three contracts, the valuer used correction quotients in order to establish an adequate concession fee. The following factors were taken into account: time and conditions of conclusion of the deal, location, description of the berths, rent area, technical conditions of the infrastructure, access to utilities. |
|
(68) |
The calculated concession fee equals EUR […] per sm per year. The concession fee was set to EUR […] per sm per year. |
|
(69) |
The income approach, used to assess whether the discounted values of future income enable the coverage of the total investment costs (including dredging and access railways costs), provides for financial projections for a period of 25 years. Forecasted income and costs are corrected by a discount rate of 7,5 %, which reflects the investment risk level. |
|
(70) |
The independent appraisal takes into account income from port dues and fees and income resulting from the use of port land and infrastructure. Total investment costs are taken into account, including the public financing. |
|
(71) |
Based on different levels of cargo turnover, the net present value (NPV), internal rate of return (IRR) and benefit costs ratio (BCR) are forecasted for concession fees ranging from EUR […] per sm to EUR […] per sm per year. The independent valuer concluded that the financial indicators justify (the NPV is positive) a concession fee not lower than EUR […] per sm per year for an expected cargo turnover of […] tonnes per year and EUR […] per sm per year for an expected cargo turnover of […] tonnes per year. |
|
(72) |
Given the forecasted volume of […] tonnes per year, the valuer concluded that a concession fee of at least […] EUR per sm per year is justified. |
|
(73) |
Taking into account the results of the two methods detailed above, the independent valuer set the concession fee at EUR […] per sm per year. |
|
(74) |
The table below provides the values of the financial indicators of the project taking into account the resulted concession fee: Cargo turnover […] tonnes, concession fee EUR […] per sm per year, discount rate 7,5 %, growth rate 2,28 %
|
|
(75) |
Thus the appraisal of the independent valuers confirmed the appropriateness of the concession fee set as detailed above, i.e. EUR […] per sm per year. |
3.1.3. THE CONCESSION FEE
|
(76) |
On the basis of the valuations carried out by the independent valuer, the Latvian authorities decided to set the concession fees as follows:
|
4. ASSESSMENT
4.1. EXISTENCE OF AID
|
(77) |
Pursuant to 107(1) of the TFEU, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market save as otherwise provided by the TFEU. |
|
(78) |
The criteria laid down in Article 107(1) are cumulative. Therefore, in order to determine whether the notified measure constitutes State aid within the meaning of Article 107(1) TFEU, all the abovementioned conditions need to be fulfilled. Namely, the financial support:
|
4.1.1. ECONOMIC ADVANTAGE
|
(79) |
According to the case-law (6) of the Court, there is no advantage to the concession holders if a private investor, in similar circumstances, would have set the concession fee at the same level. |
|
(80) |
From the outset, the Commission notes that in this case the concession fees have been established beforehand by means of separate valuations carried out by an external expert. The Latvian authorities have provided evidence to the effect that the expert has suitable degree and experience. |
|
(81) |
As detailed above, the independent valuer benchmarked the calculated concession fees with those set for three contracts considered as comparable in Ventspils port. Taking into consideration the specific features and characteristics of the infrastructure subject to these contracts, the independent expert used correction quotients in order to establish an adequate concession fee. |
|
(82) |
Nevertheless, the Commission cannot ascertain, on the basis of the information available whether the contracts considered as reference have been tendered out, nor there is currently any indication that the concession fees paid on the basis of these contracts can be considered a market price. |
|
(83) |
In the light of the above, the Commission maintains that the benchmarking exercise is not sufficiently reliable and thus cannot be sufficient to exclude that the concession holders will benefit of an advantage. |
|
(84) |
According to the second method used by the independent valuer, the concession fees and other revenues of the port authority would ensure recovery of the infrastructure investment costs and a certain rate of return in 25 years. The port authority decided to set the concession fee for the dry cargo terminal (EUR […] per sm instead of EUR […] per sm per year) and for berth No 35 (EUR […] instead of EUR […] per year) substantially above the value recommended by the expert. Therefore, the actual return expected by the port authority is substantially higher than the value calculated by the expert. |
|
(85) |
Therefore, the Commission concludes that the concession fee and the other revenues of the port authority enable it to recover the entire infrastructure investment costs, including dredging and access railways costs, and earn a return which is in line with the return a private investor would require. |
|
(86) |
In addition, the Commission notes that there is no indication in this case that the port authority has set the concession fees at a level that would not maximise its revenues. |
|
(87) |
Furthermore, the inclusion of review clause enables the concession fee to be reviewed periodically. |
|
(88) |
In view of the above, the Commission is of the view that in the present case, it can be concluded that the concession fee established as detailed above does not grant undue advantages to the concession holders of the user-specific infrastructure. |
|
(89) |
This decision in no way prejudges any possible further analysis by the Commission as far as the respect for the EU public procurement rules or other general principles of the TFEU are concerned. |
4.1.2. CONCLUSION
|
(90) |
The Commission considers that the public financing of the user-specific infrastructure in Ventspils port does not result in an economic advantage at the level of the concession holders and the measure does not therefore have the effect of putting the chosen service providers in a more favourable competitive position than the undertakings competing with them. |
|
(91) |
According to settled case-law, for a measure to be classified as State aid, all the conditions set out in Article 107(1) TFEU must be satisfied (7). Since the measure to be put in place by the Latvian authorities does not entail an economic advantage for the future concession holders, it does not therefore cumulatively fulfil the conditions required to be considered State aid within the meaning of Article 107(1) TFEU. |
5. CONCLUSION
|
(92) |
In light of the above, the Commission concludes that the public financing of the construction of user-specific infrastructure in Ventspils port does not involve aid at the level of the concession holders. |
|
(93) |
This decision only concerns State aid aspects and is without prejudice to the application of other provisions of TFEU, particularly regarding service concessions, |
HAS ADOPTED THIS DECISION:
Article 1
The State aid which Latvia is planning to implement in favour of Ventspils port authority in relation to the construction of the dry-bulk terminal, berth No 12 and berth No 35 does not involve State aid within the meaning of Article 107(1) TFEU at the level of the concession holders.
Implementation of the measure is accordingly authorised.
Article 2
This Decision is addressed to the Republic of Latvia.
Done at Brussels, 25 August 2011.
For the Commission
Joaquín ALMUNIA
Vice-President
(2) See footnote 1.
(3) See footnote 1.
(4) Covered by the obligation of professional secrecy.
(5) Case T-459/93 Siemens v Commission [1995] ECR II-1675, paragraph 48. See in that sense also Judgment of 8 July 2010, T-396/08, Freistaat Sachsen and Land Sachsen-Anhalt/Commission, paragraphs 46-48; case C-156/98, Germany v Commission, [1998] ECR I-6857, paragraph 30.
(6) Joined cases C-328/99 and C-399/00, Italy and SIM 2 Multimedia v Commission [2003] ECR I-4053.
(7) Joined Cases C-278/92 to C-280/92 Spain v Commission [1994] ECR I-4103, paragraph 20; Case C-482/99 France v Commission [2002] ECR I-4397, paragraph 68.
ANNEX I
EXISTING AND NEW TERRITORY OF THE DRY CARGO TERMINAL
ANNEX II
SCHEME OF […] LEASED TERRITORY (INCLUDING PLANNED BERTH No 35)
ANNEX III
TRANSPORTATION SCHEME OF CONSTRUCTION MODULES FROM […] LEASED TERRITORY TO BERTH No 12
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/102 |
COMMISSION IMPLEMENTING DECISION
of 28 November 2011
amending Decision 2008/911/EC establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products
(notified under document C(2011) 7382)
(Text with EEA relevance)
(2011/785/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (1), and in particular Article 16f thereof,
Having regard to the opinion of the European Medicines Agency, formulated on 15 July 2010 by the Committee for Herbal Medicinal Products,
Whereas:
|
(1) |
Hamamelis virginiana L. can be considered as a herbal substance, a herbal preparation or a combination thereof within the meaning of Directive 2001/83/EC and complies with the requirements set out in that Directive. |
|
(2) |
It is therefore appropriate to include Hamamelis virginiana L. in the list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products established by Commission Decision 2008/911/EC (2). |
|
(3) |
Decision 2008/911/EC should therefore be amended accordingly. |
|
(4) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Medicinal Products for Human Use, |
HAS ADOPTED THIS DECISION:
Article 1
Annexes I and II of Decision 2008/911/EC are amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 November 2011.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 311, 28.11.2001, p. 67.
(2) OJ L 328, 6.12.2008, p. 42.
ANNEX
Annexes I and II to Decision 2008/911/EC are amended as follows:
|
1. |
in Annex I, the following substance is inserted after Foeniculum vulgare Miller subsp. vulgare var. dulce (Miller) Thellung (sweet fennel fruit): ‘Hamamelis virginiana L., folium et cortex aut ramunculus destillatum’; |
|
2. |
in Annex II, the following is inserted after the entry relating to Foeniculum vulgare Miller subsp. vulgare var. dulce (Miller) Thellung, fructus: ‘COMMUNITY LIST ENTRY ON HAMAMELIS VIRGINIANA L., FOLIUM ET CORTEX AUT RAMUNCULUS DESTILLATUM Scientific name of the plant Hamamelis virginiana L. Botanical family Hamamelidaceae Herbal preparation(s)
European pharmacopoeia monograph reference Not applicable Indication(s) Indication (a) Traditional herbal medicinal product for relief of minor skin inflammation and dryness of the skin. Indication (b) Traditional herbal medicinal product to be used for the temporary relief of eye discomfort due to dryness of the eye or to exposure to wind or sun. The product is a traditional herbal medicinal product for use in specified indications exclusively based upon long-standing use. Type of tradition European Specified strength Please see ‘Specified posology’. Specified posology Children over six years of age, adolescents, adults and elderly Indication (a) Distillate in a strength corresponding to 5-30 % in semi-solid preparations, several times daily. The use in children under six years of age is not recommended (see section ‘Special warnings and precautions for use’). Adolescents, adults and elderly Indication (b) Eye drops (2) Distillate (2) diluted (1:10), 2 drops/each eye, 3-6 times daily. The use in children under 12 years of age is not recommended (see section ‘Special warnings and precautions for use’). Route of administration
Duration of use or any restrictions on the duration of use Children over six years of age, adolescents, adults and elderly Indication (a) If the symptoms persist longer than two weeks during the use of the medicinal product, a doctor or a qualified healthcare practitioner should be consulted. Adolescents, adults and elderly Indication (b) The recommended duration of use is four days. If the symptoms persist longer than two days during the use of the medicinal product, a doctor or a qualified healthcare practitioner should be consulted. Any other information necessary for the safe use Contraindications Hypersensitivity to the active substance. Special warnings and precautions for use Indication (a) The use in children under six years of age has not been established due to lack of adequate data. Indication (b) If eye pain, changes in vision, continued redness, or irritation of the eye is experienced, or if the condition worsens or persists for more than 48 hours during the use of the medicinal product, a doctor or a qualified healthcare practitioner should be consulted. The use in children under 12 years of age has not been established due to lack of adequate data. For extracts containing ethanol, the appropriate labelling for ethanol, taken from the ‘Guideline on excipients in the label and package leaflet of medicinal products for human use’, must be included. Interactions with other medicinal products and other forms of interaction None reported. Pregnancy and lactation Safety during pregnancy and lactation has not been established. In the absence of sufficient data, the use during pregnancy and lactation is not recommended. Effects on ability to drive and use machines No studies on the effect on the ability to drive and use machines have been performed. Undesirable effects Indication (a) Allergic contact dermatitis may occur in sensitive patients. The frequency is not known. Indication (b) Conjunctivitis cases have been reported. The frequency is not known. If other adverse reactions not mentioned above occur, a doctor or a qualified healthcare practitioner should be consulted. Overdose No case of overdose has been reported. Pharmaceutical particulars [if necessary] Not applicable. Pharmacological effects or efficacy plausible on the basis of long-standing use and experience [if necessary for the safe use of the product] Not applicable. |
(1) According to USP (USP-31- NF 26, 2008 Vol 3:3526).
(2) The medicinal product complies with the Ph. Eur. monograph on eye preparations (01/2008:1163).’.
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/106 |
COMMISSION DECISION
of 29 November 2011
on the safety requirements to be met by European standards for bicycles, bicycles for young children, and luggage carriers for bicycles pursuant to Directive 2001/95/EC of the European Parliament and of the Council
(Text with EEA relevance)
(2011/786/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
Whereas:
|
(1) |
Directive 2001/95/EC provides for European standards to be set by European standardisation bodies. These standards should ensure that products satisfy the general safety requirement of the Directive. |
|
(2) |
Under Directive 2001/95/EC, a product is to be presumed safe when it meets the voluntary national standards transposing European standards, the references of which were published by the Commission in the Official Journal of the European Union. |
|
(3) |
Article 4 of Directive 2001/95/EC lays down the procedure for drawing up European standards. Under that procedure, the Commission is to set the specific safety requirements which European standards should satisfy and subsequently give a mandate to the European standardisation bodies to draw up those standards. |
|
(4) |
The Commission is to publish the references of the European standards adopted in the Official Journal of the European Union. |
|
(5) |
Under the second subparagraph of Article 4(2) of Directive 2001/95/EC, the references of European standards adopted by the European standardisation bodies before the entry into force of that Directive may be published in the Official Journal of the European Union, even without a Commission mandate, provided that the standards ensure compliance with the general safety requirement laid down in that Directive. |
|
(6) |
By Decision 2006/514/EC (2), the Commission published in the Official Journal of the European Union the references of European standards EN 14764:2005 for city and trekking bicycles, EN 14766:2005 for mountain bicycles, EN 14781:2005 for racing bicycles, and EN 14872:2006 for luggage carriers for bicycles. |
|
(7) |
The four European standards covered by Decision 2006/514/EC are not supported by a Commission mandate adopted in accordance with Article 4(1) of Directive 2001/95/EC. |
|
(8) |
The European Standardisation Committee (CEN) has announced that European standards EN 14764:2005, EN 14766:2005 EN 14781:2005, and EN 14872:2006 will be revised. The references of the new versions of those standards following the revision cannot be published in the Official Journal of the European Union in the absence of a Commission mandate laying down specific safety requirements. |
|
(9) |
The Commission should therefore set specific safety requirements for bicycles and luggage carriers for bicycles with a view to mandating the European standardisation bodies to develop European standards on the basis of those requirements. |
|
(10) |
Bicycles for young children, which are not considered as toys within the meaning of the Toys Safety Directive (Directive 2009/48/EC of the European Parliament and of the Council (3)), if unsafe, can expose children to serious injuries in the head, chest, abdomen or limbs, particularly as a result of falls. |
|
(11) |
Young cyclists tend to be injured while playing or riding too fast (4) and are particularly vulnerable to falls, both because they are developing their motor skills, as they grow, and because they are in the process of learning bicycle handling skills, including the ability to avoid obstacles, pedestrians or other cyclists. These factors, compounded with children’s higher centre of gravity, makes balancing difficult. |
|
(12) |
According to the Injury Data Base, 37 % of injuries involving a bicycle user in the EU concerned children aged between 5 and 9 years (5) Although road accidents account for a significant share of these accidents, many accidents take place while playing, as young cyclists collide with objects or other people, or simply fall off their bikes. In the United Kingdom, it has been estimated that over 2 000 children are taken to hospital each year after a cycling accident at home, and a further 21 000 after accidents in places like parks and playgrounds (6). |
|
(13) |
European standard EN 14765:2005+A1:2008 specifies safety requirements and test methods for bicycles for young children, which are excluded from the scope of the Toys Safety Directive (Directive 2009/48/EC). However this standard is not supported by a Commission mandate. |
|
(14) |
It is therefore necessary to set safety requirements, and call for the development of European standards according to these requirements for bicycles for young children, which are not considered as toys within the meaning of the Toys Safety Directive (Directive 2009/48/EC). |
|
(15) |
Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, bicycles, bicycles for young children, and luggage carriers for bicycles that comply with those standards are presumed to meet the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned. |
|
(16) |
The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 15 of Directive 2001/95/EC. Neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision, the following definitions shall apply:
|
(a) |
‘Bicycle’ means a two-wheeled vehicle that is propelled solely or mainly by the muscular energy of the rider, excluding vehicles with two or more saddles. |
|
(b) |
‘Bicycle for young children’ means a bicycle with a maximum saddle height of more than 435 mm and less than 635 mm, intended for riders of an average weight of 30 kg. |
|
(c) |
‘City and trekking bicycle’ means a bicycle with a maximum saddle height of 635 mm or more intended for use on public roads, including non-paved roads. |
|
(d) |
‘Mountain bicycle’ means a bicycle with a maximum saddle height of 635 mm or more designed for off-road use on rough terrain, public roads and public pathways which is equipped with a suitably strengthened frame and other components, and, typically, with wide-section tyres with coarse tread patterns and a wide range of transmission gears. |
|
(e) |
‘Racing bicycle’ means a bicycle with a maximum saddle height of 635 mm or more intended for high-speed use on public roads. These bicycles are generally intended for use on a paved track. |
|
(f) |
‘Luggage carrier for bicycles’ means a device or container, excluding trailers, which is mounted and permanently attached above and/or adjacent to the rear wheel (rear luggage carrier), or to the front wheel (front luggage carrier) of a bicycle and which is exclusively designed for carrying luggage or children seated in a child seat. |
Article 2
The Annex to this Decision sets out the specific safety requirements for bicycles, bicycles for young children, and luggage carriers for bicycles to be met by European standards pursuant to Article 4 of Directive 2001/95/EC.
Article 3
This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Done at Brussels, 29 November 2011.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 200, 22.7.2006, p. 35.
(3) OJ L 170, 30.6.2009, p. 1.
(4) http://www.rospa.com/roadsafety/info/cycling_accidents.pdf
(5) IDB Database 2006-2008.
(6) http://www.capt.org.uk/resources/talking-about-cycle-safety
ANNEX
PART I
Specific safety requirements for bicycles
SECTION 1
Safety requirements applicable to all types of bicycles
1. General requirements
All types of bicycles shall be designed to fit the riding abilities and physical state of the intended user. Particular attention must be given to the design of bicycles for young children.
The level of risks of injury or damage to health while riding a bicycle shall be the minimum compatible with reasonable, foreseeable use of the product, considered to be acceptable and consistent with a high level of health and safety protection.
All parts accessible to the user during normal or intended use shall not cause physical injuries.
Users shall be informed of the risks and dangers likely to occur and how to prevent them (see section on product safety information).
Bicycles shall be equipped with lighting equipment and reflectors at the front, back and at the sides to ensure good visibility of the bicycle and of its rider. These devices shall comply with the provisions in force in the country in which the product is marketed.
The manufacturer shall indicate the recommended maximum permissible load (e.g. weight of rider and passengers, luggage, luggage carrier, etc.) for which a bicycle is designed.
The manufacturer shall indicate whether or not a bicycle is suitable for the fitting of a luggage carrier and (or) a child seat.
2. Physical properties
Handling
The fully-assembled bicycle shall offer stable handling while riding, braking, turning and steering. It shall be possible to ride the bicycle with one hand removed from the handlebar (as when giving hand signals) without it becoming difficult to operate or hazardous to the rider.
Stability
All parts of a bicycle shall be constructed to provide a level of stability compatible with normal use by the intended user.
It shall be possible to ride the bicycle with one hand removed from the handlebar (as when giving hand signals) without it becoming difficult to operate or hazardous to the rider. The bicycle with a loaded luggage carrier shall offer stable handling while riding, braking, turning and steering.
Durability/Fatigue
All parts of a bicycle shall be safe for the intended user during the whole duration of the product. Where appropriate, these parts shall feature an indication of wear limits within which they shall be replaced in order to be fully functional.
The effect of weather conditions (e.g. rain) on the braking systems shall be minimised.
Braking systems
A bicycle shall be equipped with at least two independent braking systems. At least one shall operate on the front wheel and one on the rear wheel. The braking systems shall be designed to ensure safety for both wet and dry braking.
The decision on whether the rear braking system is operated by the rider’s hand or foot should be in accordance with the legislation, custom or preference of the country to which the bicycle is to be supplied.
Sharp edges
Any exposed edges that could come into contact with the user’s body during normal riding or normal handling or maintenance shall not be sharp.
Entrapment
Bicycles shall not pose any risk of entrapment that can be avoided by design.
If there is a risk of entrapment during normal use or maintenance, this shall be mentioned in the users’ manual/warnings on the bicycle.
Protrusions
Protrusions shall be avoided whenever harmful to the user.
3. Mechanical properties
Folding mechanisms
Folding mechanisms shall be functional, stable and safe against unintentional opening during use and shall not cause injuries.
Fasteners
All fasteners, screws, spokes and nipples used on a bicycle shall be accurately sized and made of suitable material to avoid injuries.
All fasteners and screws used at safety-relevant points on a bicycle shall be secured to avoid unintentional loosening.
Adjustability and controls
Bicycle parts designed to be adjusted to the size or to the shape of the user, such as the saddle or the handlebar, shall be easily manipulated without jeopardising the safety of the user. The instructions shall indicate the appropriate tool to use, taking into account the intended user. All control parts shall be easily and safely accessible under conditions of normal use. They shall be constructed and mounted to enable the user to keep control of the bicycle. In particular, the rider shall be able to brake and shift gears with at least one hand on the handlebar.
4. Chemical properties
All items which come into contact with the rider shall not cause any toxicity hazard to the intended user, particularly as regards bicycles for children.
5. Testing methods
The standard shall describe stability tests, performance tests to assess maximum loads, drive train, braking, steering, frame parts endurance and fatigue tests.
6. Product safety information
Product safety information shall be written in the language(s) of the country in which the product is sold.
Product safety information shall be provided with all types of bicycles. Such information shall be readable, understandable and as comprehensive as possible, while remaining concise.
Visual tools, such as pictograms and illustrations shall feature prominently in the product safety information.
Safety information shall include purchase information, instructions for use, cleaning, checking and maintenance, markings and warnings and shall draw attention to hazards likely to occur and the precautions to be taken in order to avoid accidents.
Safety information shall include instructions on how to position reflectors and lamps to ensure maximum visibility, according to the provisions in force in the country in which the product is marketed.
There shall be no conflict between the safety information supplied with the product and the normal use of the product.
The frame shall be conspicuously and permanently marked with a sequential frame number at a readily visible location and include the name and address of the operator who assembled the bike (or of its representative).
SECTION 2
Additional safety requirements applicable to specific bicycles
For bicycles included in this section, in addition to the safety requirements in Section 1 further requirements shall apply as specified below.
1. Bicycles for young children
The maximum saddle height and average weight limits are based on anthropometric data (average weight and length of legs according to age). For these bicycles, the following requirements shall apply:
|
— |
no quick-release devices of any type shall be used, |
|
— |
toe straps and toe clips shall not be fitted, |
|
— |
the force of front brakes shall be limited to prevent loss of control of the bicycle due to blocking wheels, |
|
— |
it shall be possible to fit or remove stabilisers without releasing the fixing of the rear wheel axle, |
|
— |
bicycles for young children shall not pose a danger of entrapment in any possible position of the seat, |
|
— |
bicycles for young children shall be equipped with at least two independent braking systems, one on the front and one on the rear. |
2. Mountain bicycles
On mountain bicycles, all safety components shall be designed to withstand all forces that are higher during normal use than on other types of bicycles (e.g. vibration and knocks caused by rough roads, higher forces on the drive and steering components and brakes) and to withstand brake fading.
3. Racing bicycles
On racing bicycles, all safety components shall be designed to withstand all forces that are higher during normal use than on other types of bicycles (e.g. higher speed, higher force on the drive and steering components and brakes).
PART II
Specific safety requirements for luggage carriers for bicycles
1. General requirements
Specific requirements and test methods for luggage carriers for bicycles shall guarantee the safety of the user and of the child, when transported on the bicycles. The product shall pass tests to ascertain its stability and durability, as well as its resistance to fatigue and to temperature.
2. Classification
Luggage carriers shall be divided into classes of load capacity, according to the intended use and to the point on the bicycle where the luggage carrier will be clamped into position.
3. Size
Luggage carriers intended to carry child seats shall be of an appropriate size for this type of use.
4. Stability
All parts of a luggage carrier shall be designed in such a way that the product provides sufficient stability for normal use by the intended users.
Luggage carrier parts shall be firmly assembled and fixed using the fixing devices provided or those specified by the manufacturer, and according to the manufacturer’s instructions.
All fixing devices shall be accurately sized.
The effects of the weather conditions on the safety performance of a luggage carrier shall be minimised.
5. Sharp edges
Exposed edges which may come into contact with the body of the rider or of the transported child during normal riding or normal handling and maintenance shall not pose the risk of injury. Spring ends shall be rounded or fitted with protective caps.
6. Protrusions
To prevent or minimise risk to the user or to transported child, protrusions shall either be avoided or designed appropriately.
7. Visibility
The product shall be designed so as to ensure that the bicycle remains visible when used in dark or poor visibility conditions.
8. Product safety information
Regardless of whether the luggage carrier is sold separately as an accessory or already mounted on the bicycle, the product shall contain at least the following information for consumers:
|
(a) |
how and where the luggage carrier is to be attached to the bicycle; |
|
(b) |
maximum load capacity of the carrier and warning not to exceed this load, to be permanently marked on the product; |
|
(c) |
whether the carrier is suitable for the attachment of a child seat; |
|
(d) |
warning that luggage can only be safely carried on the carrier; |
|
(e) |
warning not to modify the luggage carrier; |
|
(f) |
warning that the fasteners are to be secured and checked frequently; |
|
(g) |
warning that the bicycle may behave differently (particularly with regard to steering and braking) when the luggage carrier is loaded; |
|
(h) |
warning to ensure that any luggage or child seat fitted to the luggage carrier is securely fitted in accordance with the manufacturer’s instructions and to ensure that there are no loose straps that could get caught in any of the wheels; |
|
(i) |
instructions on how to position reflectors and lamps to ensure visibility at any moment, especially when, for example, luggage is loaded on the carrier; |
|
(j) |
information containing the name and address of the manufacturer, importer or representative, trademark, model and production batch number or reference shall be displayed visibly, legibly and permanently on the product; |
|
(k) |
information on the type(s) of bicycles for which the luggage carriers are intended, unless the product is sold as part of the bicycle and already attached to it. |
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/112 |
COMMISSION IMPLEMENTING DECISION
of 29 November 2011
authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt
(notified under document C(2011) 8618)
(2011/787/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 Article 16(3) thereof,
Whereas:
|
(1) |
Ralstonia solanacearum (Smith) Yabuuchi et al. (also known as Pseudomonas solanacearum (Smith) Smith) is an organism harmful to tubers of Solanum tuberosum L. and as such is subject to measures provided for by Directive 2000/29/EC and Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al (2). |
|
(2) |
Following interceptions in the Union of Ralstonia solanacearum (Smith) Yabuuchi et al. on tubers of Solanum tuberosum L. originating in Egypt, the Commission adopted Decision 2004/4/EC of 22 December 2003 authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt (3). That Decision prohibited the entry into the Union of tubers of Solanum tuberosum L. originating in Egypt unless certain requirements were complied with. |
|
(3) |
During the last years further interceptions of Ralstonia solanacearum (Smith) Yabuuchi et al. have occurred on tubers of Solanum tuberosum L. originating in Egypt. Therefore, emergency measures against the dissemination of the harmful organism concerned should continue to be in place with regard to the entry into the Union of tubers of Solanum tuberosum L. originating in Egypt. |
|
(4) |
However, those emergency measures should be adapted to respond to a situation which has improved as a result of actions taken by Egypt, in particular a new control regime for the production and export of tubers of Solanum tuberosum L. to the Union presented by Egypt. In addition, during the 2010/2011 import season no interception of Ralstonia solanacearum (Smith) Yabuuchi et al. has been recorded in the Union. |
|
(5) |
Therefore, the entry into the Union of tubers of Solanum tuberosum L. originating in Egypt should be permitted if they have been grown in certain areas established by Egypt in accordance with the relevant international standards. The Commission should convey the list of those areas, submitted by Egypt, to the Member States to allow them to carry out import controls and to enable traceability of consignments. Provision should be made for updating that list in the case of an interception of Ralstonia solanacearum (Smith) Yabuuchi et al. In addition, the Union control requirements for the import of tubers of Solanum tuberosum L. originating in Egypt should be limited to an intensive inspection regime at the arrival of those tubers in the Union. |
|
(6) |
Member States should provide the Commission and the other Member States after every import season with detailed information on the imports made in order that the application of this Decision to be assessed. |
|
(7) |
In the interest of clarity and rationality, Decision 2004/4/EC should therefore be repealed and replaced by this Decision. |
|
(8) |
It is necessary to provide for the possibility to review this Decision. |
|
(9) |
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
Pest-free areas
1. The entry into the territory of the Union of tubers of Solanum tuberosum L. which originate in Egypt shall be permitted if they have been grown in areas included in the list of pest-free areas referred to in paragraph 2 and if the requirements laid down in the Annex are complied with.
2. The Commission shall convey to the Member States a list of pest-free areas submitted by Egypt before each import season and which contains the pest-free areas established in accordance with the ‘FAO International Standard for Phytosanitary Measures No 4: Pest Surveillance — Requirements for the Establishment of Pest-Free Areas’.
3. When an interception of Ralstonia solanacearum (Smith) Yabuuchi et al. is notified to the Commission and Egypt, the area in which the intercepted tubers of Solanum tuberosum L. originate shall be excluded from the list of pest-free areas, referred to in paragraph 2, pending the outcome of investigations carried out by Egypt. The Commission shall convey to the Member States the results of those investigations and, if relevant, an updated list of pest-free areas, as submitted by Egypt.
Article 2
Submission of information and notifications
1. The importing Member States shall submit to the Commission and the other Member States, each year before 31 August, information on the amounts imported under this Decision during the previous import season, a detailed technical report on the inspections referred to in point 4 of the Annex and testing on latent infection referred to in point 5 of the Annex and copies of all official phytosanitary certificates.
2. When Member States notify to the Commission a suspect or confirmed finding of Ralstonia solanacearum (Smith) Yabuuchi et al. in accordance with point 6 of the Annex, that notification shall be accompanied by copies of the relevant official phytosanitary certificates and their attached documents.
3. The notification referred to in paragraph 2 shall cover only the consignment, where it is composed of lots which all have the same provenance.
Article 3
Repeal
Decision 2004/4/EC is repealed.
Article 4
Review
The Commission shall review this Decision by 30 September 2012.
Article 5
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 29 November 2011.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 235, 21.8.1998, p. 1.
ANNEX
Requirements to be complied with, as referred to in Article 1, in addition to the requirements for tubers of Solanum tuberosum L. laid down in parts A and B of Annexes I, II and IV to Directive 2000/29/EC:
1. Requirements concerning the pest-free areas
The pest-free areas referred to in Article 1 shall comprise either a ‘sector’ (administrative unit already established which covers a group of ‘basins’) or a ‘basin’ (irrigation unit) and shall be identified by their individual official code numbers.
2. Requirements concerning the tubers of Solanum tuberosum L. to be imported
|
2.1. |
The tubers of Solanum tuberosum L. to be imported into the Union shall have been submitted in Egypt to an intensive control regime ensuring the absence of Ralstonia solanacearum (Smith) Yabuuchi et al. The intensive control regime shall cover the growing conditions, field inspections, transport, packing, pre-export inspections and testing. |
|
2.2. |
The tubers of Solanum tuberosum L. to be imported into the Union shall have been:
|
3. Requirements concerning points of entry
|
3.1. |
The Member States shall have notified to the Commission the points of entry authorised for the import of tubers of Solanum tuberosum L. originating in Egypt and the name and address of the responsible official body in charge of each point. The Commission shall inform the other Member States and Egypt thereof. |
|
3.2. |
The responsible official body in charge of the point of entry shall have been notified in advance of the likely time of arrival of consignments of tubers of Solanum tuberosum L. originating in Egypt, as well as of the amount thereof. |
4. Requirements concerning inspections
|
4.1. |
At the point of entry the tubers of Solanum tuberosum L. shall be subjected to the inspections required by Article 13a(1) of Directive 2000/29/EC and such inspections shall be carried out on cut tubers of samples of at least 200 tubers each, samples being taken from each lot in a consignment, or if the lot exceeds 25 tonnes, from every 25 tonnes or part thereof in such a lot. |
|
4.2. |
Each lot of the consignment shall remain under official control and may not be marketed or used until it has been established that the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. was not suspected or detected during those inspections. In addition, in cases where typical or suspect symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. are detected in a lot, all remaining lots in the consignment and lots in other consignments which originate in the same area shall be held under official control until the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. has been confirmed or refuted in the lot concerned. |
|
4.3. |
If typical or suspect symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. are detected during the inspections, the confirmation or refutation of Ralstonia solanacearum (Smith) Yabuuchi et al. shall be determined by testing in accordance with the test scheme laid down in Directive 98/57/EC. If the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. is confirmed, the lot from which the sample has been taken shall be subjected to either refusal or permission to send products to a destination outside the Union, or to destruction, and all remaining lots in the consignment from the same area shall be tested in accordance with point 5. |
5. Requirements concerning testing for latent infection
|
5.1. |
In addition to the inspections referred to in point 4, testing for latent infection shall be carried out on samples taken from each area as specified in point 1 in accordance with the test scheme laid down in Directive 98/57/EC. During the import season at least one sample from each sector or basin per area as specified in point 1 shall be taken at a rate of 200 tubers per sample from a single lot. The sample selected for latent infection shall also be subjected to an inspection of the cut tubers. For each sample tested and confirmed positive there shall be retention and appropriate conservation of any remaining potato extract. |
|
5.2. |
Each lot from which the samples have been taken shall remain under official control and may not be marketed or used until it has been established that the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. was not confirmed during the testing. If the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. is confirmed, the lot from which the sample has been taken shall be subjected to either refusal or permission to send products to a destination outside the Union, or to destruction. |
6. Requirements concerning notifications
In the case of suspect and confirmed findings of Ralstonia solanacearum (Smith) Yabuuchi et al. Member States shall notify immediately the Commission and Egypt thereof. The notification of a suspect finding shall be on the basis of a positive result in the rapid screening test(s), as specified in point 1 of section I and section II of Annex II to Directive 98/57/EC, or screening test(s) as specified in point 2 of section I and section III of Annex II to that Directive.
7. Labelling requirements
Member States shall lay down appropriate labelling requirements with regard to tubers of Solanum tuberosum L., including a requirement to indicate the Egyptian origin, with the aim of preventing the tubers of Solanum tuberosum L. from being planted. They shall also take appropriate measures for the disposal of waste after packaging or processing of the tubers of Solanum tuberosum L. to prevent any spread of Ralstonia solanacearum (Smith) Yabuuchi et al. as a result of a possible latent infection.
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/116 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 3 November 2011
amending Decision ECB/2010/23 on the allocation of monetary income of the national central banks of Member States whose currency is the euro
(ECB/2011/18)
(2011/788/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 32 thereof,
Whereas:
|
(1) |
Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (1) establishes a mechanism for the pooling and allocation of monetary income arising from monetary policy operations. |
|
(2) |
Decision ECB/2011/17 of 3 November 2011 on the implementation of the second covered bond purchase programme (2) provides for the establishment of a second programme for the purchase of covered bonds for monetary policy purposes. |
|
(3) |
The Governing Council considers that as with purchases under Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (3), covered bonds purchased under Decision ECB/2011/17 should be deemed to generate income at the reference rate as defined in Decision ECB/2010/23. |
|
(4) |
Decision ECB/2010/23 should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Amendment
Article 3(1) of Decision ECB/2010/23 is replaced by the following:
‘1. The amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As exceptions thereto, gold shall not be considered to generate income, and securities held for monetary policy purposes under Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (4) and under Decision ECB/2011/17 of 3 November 2011 on the implementation of the second covered bond purchase programme (5) shall be considered to generate monetary income at the reference rate.
Article 2
Final provision
This Decision shall enter into force on 31 December 2011.
Done at Frankfurt am Main, 3 November 2011.
The President of the ECB
Mario DRAGHI
(2) OJ L 297, 16.11.2011, p. 70.
(3) OJ L 175, 4.7.2009, p. 18.
(4) OJ L 175, 4.7.2009, p. 18.
(5) OJ L 297, 16.11.2011, p. 70.’
|
2.12.2011 |
EN |
Official Journal of the European Union |
L 319/117 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 16 November 2011
establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services
(ECB/2011/20)
(2011/789/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 3.1 and 12.1 and Articles 17, 18 and 22 thereof,
Having regard to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (1), and in particular Article 10 thereof,
Having regard to Guideline ECB/2010/2 of 21 April 2010 on TARGET2-Securities (2), and in particular Article 4(2)(d) and Article 15 thereof,
Having regard to Decision ECB/2009/6 of 19 March 2009 on the establishment of the TARGET2-Securities Programme Board (3),
Whereas:
|
(1) |
Article 15 of Guideline ECB/2010/2 lays down the eligibility criteria for a Central Security Depository (CSD) to access TARGET2-Securities (T2S) services. |
|
(2) |
It is necessary to establish the application procedure for a CSD to access T2S services and the procedure for a CSD to request derogation from CSD access criterion 5, |
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision:
|
(1) |
‘assessment report’ means written documentation containing: (a) a report drawn up by the relevant competent authorities assessing a CSD’s compliance with CSD access criterion 2; and (b) a CSD self-assessment of its compliance with CSD access criteria 1, 3, 4 and 5; |
|
(2) |
‘central bank (CB)’ means the European Central Bank, the national central banks (NCBs) of the Member States whose currency is the euro, the NCBs of the Member States whose currency is not the euro (hereinafter ‘non-euro area NCBs’), any European Economic Area (EEA) central bank or relevant competent authority (hereinafter ‘EEA central bank’) and any central bank or relevant competent authority of a country outside the EEA (hereinafter ‘other central bank’), where the currency of such a non-euro area NCB, EEA or other central bank is considered eligible in accordance with Article 18 of Guideline ECB/2010/2; |
|
(3) |
‘CSD access criterion 1’ means the criterion laid down in Article 15(1)(a) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they have been notified to the European Securities and Markets Authority pursuant to Article 10 of Directive 98/26/EC or, in the case of a CSD from a non-EEA country, they operate under a legal and regulatory framework that is equivalent to that in force in the Union; |
|
(4) |
‘CSD access criterion 2’ means the criterion laid down in Article 15(1)(b) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they have been positively assessed by the competent authorities against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems (hereinafter the ‘ESCB/CESR recommendations’) (4); |
|
(5) |
‘CSD access criterion 3’ means the criterion laid down in Article 15(1)(c) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they make each security/International Securities Identification Number for which they are an issuer CSD, or technical issuer CSD, available to other CSDs in T2S upon request; |
|
(6) |
‘CSD access criterion 4’ means the criterion laid down in Article 15(1)(d) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they commit to offer to other CSDs in T2S basic custody service on a non-discriminatory basis; |
|
(7) |
‘CSD access criterion 5’ means the criterion laid down in Article 15(1)(e) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they commit towards other CSDs in T2S to carry out their central bank money settlement in T2S if the currency is available in T2S; |
|
(8) |
‘relevant competent authorities’ means the CBs and the regulators with oversight and/or supervisory competence over a specific CSD and responsible for assessing CSDs against applicable recognised standards; |
|
(9) |
‘directly connected party’ means a T2S Party with a technical facility allowing it to access T2S and use its securities settlement services without the need for a CSD to act as a technical interface; |
|
(10) |
‘T2S Party’ means a legal entity or, in some markets, an individual, that has a contractual relationship with a CSD in T2S for the processing of its settlement-related activities in T2S, and does not necessarily hold a securities account with the CSD; |
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(11) |
‘T2S Programme Board’ means the Eurosystem management body established pursuant to Decision ECB/2009/6, as defined in Article 2 of Guideline ECB/2010/2, or its successor; |
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(12) |
‘T2S Advisory Group (AG)’ means the forum defined in Article 7 of Guideline ECB/2010/2; |
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(13) |
‘Currency Participation Agreement (CPA)’ means an agreement to be entered into by the Eurosystem and a non-euro area NCB, or an authority responsible for a currency other than the euro, for the purpose of settling securities transaction in central bank money in currencies other than the euro. |
Article 2
Subject matter and scope
1. The five criteria determining the eligibility of CSDs to access T2S services laid down in Article 15 of Guideline ECB/2010/2 (hereinafter the ‘five CSD access criteria’) shall be implemented in accordance with the procedures laid down in Articles 3 to 5 of this Decision and the rules in the Annex.
2. This Decision shall not apply to directly connected parties having a legal relationship with the CSDs.
Article 3
Application procedure
1. To apply for T2S services, a CSD shall submit: (a) an application to the Governing Council; and (b) at the time of its migration to T2S, an assessment report.
2. The assessment report shall provide evidence that the CSD complies with the five CSD access criteria at the time of its migration to T2S, and state the degree of implementation of each CSD access criterion according to the following categories: compliant, partly compliant and not applicable, and shall set out the CSD’s reasons, explanations and relevant evidence.
3. The T2S Programme Board shall submit a proposal to the Governing Council, based on the abovementioned documentation, on a CSD’s application to access T2S services. To prepare its proposal, the T2S Programme Board may request clarifications from or submit questions to the applying CSD.
4. Following submission of the proposal by the T2S Programme Board, the Governing Council shall make a decision on a CSD’s application and communicate it in writing to that CSD no later than 2 months following: (a) the date of receipt of the application; or (b) the date of receipt of the reply to any request for clarifications or submission of questions by the T2S Programme Board under paragraph 3. Where the Governing Council rejects an application, it shall give reasons for doing so.
Article 4
Procedure for obtaining a derogation from CSD access criterion 5
1. A CSD may submit a request for a derogation from CSD access criterion 5 based on its specific operational or technical situation.
2. For a derogation request to be assessed, the CSD shall submit a request to the T2S Programme Board and provide evidence of the following:
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(a) |
the derogation is for a very limited amount of settlement volume as a proportion of the total average daily delivery-versus-payment instructions received over a month at the CSD, and the cost of settling these operations in T2S would be excessive for the CSD; |
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(b) |
the CSD has set technical and operational safeguards ensuring that the derogation will remain within the threshold set out in point (a); |
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(c) |
the CSD has made every effort to meet CSD access criterion 5. |
3. Following receipt of such request for a derogation:
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(a) |
the T2S Programme Board shall submit the CSD’s request and its pre-assessment to the T2S Advisory Group; |
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(b) |
the T2S Advisory Group shall provide the T2S Programme Board with advice on the request without delay and in due time for it to be considered; |
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(c) |
following receipt of advice from the T2S Advisory Group, the T2S Programme Board shall prepare a final assessment and submit it, together with the entire set of documents, to the Governing Council; |
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(d) |
the Governing Council shall issue a reasoned decision on the request for a derogation; |
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(e) |
the T2S Programme Board shall inform the CSD and the T2S Advisory Group in writing of the Governing Council’s reasoned decision. |
4. A CSD designated by a CB that has signed a CPA and has opted for settlement of its monetary policy transactions in central bank money outside T2S, shall submit a request for a derogation in order to be able to settle such monetary policy transactions in central bank money outside T2S. In such case, a derogation shall be granted provided that: (a) the Eurosystem has received all relevant information on the technical functioning of such settlement; and (b) such settlement does not require changes to or negatively affect T2S functionality. The designating CB should be invited to provide its opinion on such request for a derogation.
5. A CSD with a derogation shall provide a monthly report to the T2S Programme Board proving that it continues to comply with the derogation, including the agreed threshold set out in paragraph 2(a). A CSD with a derogation pursuant to paragraph 4 shall provide a monthly report to the T2S Programme Board on the situation.
6. Where a CSD with a derogation consistently exceeds the agreed threshold set out in paragraph 2(a) within a 6-month period, the Governing Council shall withdraw the derogation due to non-compliance with CSD access criterion 5 and the T2S Programme Board shall notify the CSD accordingly.
7. Following the withdrawal of a derogation, a CSD may submit a new request for a derogation in accordance with the procedure laid down in this Article.
8. Where there is a crisis situation that could impact the financial stability of a country or the relevant CB’s task to safeguard the integrity of its currency and has led the CB of the country concerned to move to a contingency type settlement as part of its crisis management plan, a CSD designated by that CB shall submit a request to the T2S Programme Board for a temporary derogation from CSD access criterion 5, and may temporarily carry out settlement by other means. The Governing Council shall issue a reasoned decision on such request taking into account the relevant CB’s opinion on the situation warranting the temporary derogation from CSD access criterion 5. The relevant CB shall provide the T2S Programme Board with a report, at least on a monthly basis, on its evaluation of the situation.
Article 5
Ongoing compliance with the five CSD access criteria
1. A CSD with access to T2S services shall comply, after it has migrated to T2S, with the five CSD access criteria on an ongoing basis and shall:
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(a) |
ensure, in particular, through a reliable self-assessment conducted each year and supported by relevant documentation that it continues to comply with CSD access criteria 1, 3, 4 and 5. The self-assessment shall be accompanied by the most recent assessment by the relevant competent authorities of the CSD’s compliance with criterion 2; |
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(b) |
promptly provide the T2S Programme Board with the most recent regular or ad hoc assessment by the relevant competent authorities of its compliance with CSD access criterion 2; |
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(c) |
request a new assessment by the relevant competent authorities of its compliance with CSD access criterion 2 in the event of material changes to the CSD’s system; |
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(d) |
notify the T2S Programme Board where a relevant competent authority assessment or a self-assessment has established non-compliance with any of the five CSD access criteria; |
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(e) |
following a request from the T2S Programme Board, provide an assessment report demonstrating that the CSD still complies with the five CSD access criteria. |
2. With the exception of CSD access criterion 2, the T2S Programme Board may carry out its own evaluation and monitor compliance with the five CSD access criteria or request information from a CSD. Where the T2S Programme Board decides that a CSD does not comply with one of the five CSD access criteria, it shall initiate the procedure laid down in the contracts with the CSDs pursuant to Article 16 of Guideline ECB/2010/2.
Article 6
Entry into force
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
Done at Frankfurt am Main, 16 November 2011.
The President of the ECB
Mario DRAGHI
(1) OJ L 166, 11.6.1998, p. 45.
(2) OJ L 118, 12.5.2010, p. 65.
(3) OJ L 102, 22.4.2009, p. 12.
(4) Available on the European Securities and Markets Authority’s website at: www.esma.europa.eu
ANNEX
DETAILED IMPLEMENTATION RULES FOR THE FIVE CENTRAL SECURITIES DEPOSITARY ACCESS CRITERIA
For the purposes of this Annex:
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— |
‘basic custody services’ means the holding and administration of securities and other financial instruments owned by a third party by an entity entrusted with such tasks. Such services include the safekeeping of securities, the distribution of interest and dividends on the securities in safekeeping and the processing of corporate actions on such securities, |
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— |
‘investor CSD’ means, in the context of central securities depositary (CSD) links, a CSD that opens an account in another CSD (the issuer CSD) to enable the cross-CSD settlement of securities transactions, |
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‘issuer CSD’ means the CSD in which the securities have been issued and distributed on behalf of the issuer. The issuer CSD is responsible for processing corporate actions in the name of the issuer. The issuer CSD maintains accounts in its books in the name of investor CSDs for the transfer of securities to the investor CSDs, |
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— |
‘technical issuer CSD’ means an investor CSD that holds securities with an issuer CSD not participating in T2S and is considered an issuer CSD for the functioning of T2S with respect to such securities, |
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‘investment fund shares’ means portions of ownership of an investment fund’s net assets that investors receive in return for their investments of capital. |
I. Implementation details for CSD access criterion 1
In order to receive a positive assessment against this criterion:
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(a) |
for a CSD located in a European Economic Area (EEA) country, the CSD must be included on the list of designated systems maintained in accordance with Article 10 of Directive 98/26/EC; and |
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(b) |
for a CSD located in a non-EEA country, a legal opinion, as updated from time to time when there are material changes that might have an impact on the legal opinion or when requested by the T2S Programme Board, from a firm approved by the T2S Programme Board must be submitted, confirming that the CSD operates under a legal and regulatory framework equivalent to the relevant one in force in the Union. |
II. Implementation details for CSD access criterion 2
Where a CSD does not fully comply with all ESCB/CESR recommendations, the respective CSD will inform the T2S Programme Board of the relevant details and provide explanations and evidence regarding those ECSB/CESR recommendations with which it does not comply. The CSD will also provide the T2S Programme Board with the conclusions by the relevant competent authorities in the assessment report. The assessment conclusions will be processed in accordance with the relevant application procedures for access to T2S services and ongoing compliance with the five CSD access criteria. Where a CSD with access to T2S services no longer complies with one of the five CSD access criteria, the T2S Programme Board will initiate the procedure provided for in the contracts with the CSDs.
A CSD will fulfil this CSD access criterion where:
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(a) |
for a CSD located in an EEA country, the relevant competent authorities have given that CSD a positive assessment under the ESCB/CESR recommendations; and |
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(b) |
for a CSD located in a non-EEA country, the relevant competent authorities have given that CSD a positive assessment under the ESCB/CESR recommendations or equivalent standards, such as the proprietary standards of a relevant competent authority or the CPSS/IOSCO Recommendations (1). In the latter case, the T2S Programme Board or the Governing Council respectively must be provided with evidence that the CSD has been assessed against standards of a similar level and nature. |
Where the relevant competent authorities’ assessment contains confidential information, the CSD must provide a general summary or the assessment conclusion to show its level of compliance.
III. Implementation details for CSD access criterion 3
A CSD with access to T2S services is not required to hold all its accounts and balances in T2S for every security/ISIN it issues or for which it acts as technical issuer CSD. However, it must make a security/ISIN available at no additional cost, without delay, and with a contract that does not impose unreasonable conditions on requests by the users of the investor CSD in T2S. Some investment fund shares may not be automatically available to the investor CSD opening an account with the issuer CSD due to legal restrictions on cross-border distributions applicable to the investment fund share issuers.
An issuer CSD is required to comply with the national regulatory framework, but may not pass on costs resulting from the application of this framework to other CSDs in T2S. This requirement ensures that the costs of complying with the national regulatory framework stay local and that there is reciprocity among CSDs in T2S. In addition, this requirement promotes a harmonised settlement processes in T2S to the extent possible.
An issuer CSD is required to comply with the national regulatory framework, but it must support an investor CSD requesting access and it may not apply an additional settlement cost. Any delay caused by compliance with the national regulatory framework must apply equally to all parties.
The investor CSD may request a security/ISIN that is not yet available in T2S from the respective issuer CSD or technical issuer CSD. Upon receiving such a request, the issuer CSD or technical issuer CSD enters all the security’s reference data in T2S and makes them accessible within the time-frame defined in the Manual of Operational Procedures to be provided by the Eurosystem to the CSDs and the CBs.
Provided the investor CSD has signed the required contractual terms, the issuer CSD opens, without undue delay, at least one securities account for a specific security/ISIN for the investor CSD. Refusal by an issuer CSD to open a securities account and provide the investor CSD with access to the issuer CSD’s securities constitutes non-compliance with CSD access criterion 3.
The investor CSD must report to the T2S Programme Board every case of non-compliance with CSD access criterion 3 by an issuer CSD. Depending on the nature and occurrence of non-compliance, the T2S Programme Board will determine if the issuer CSD shows a consistent failure to comply, in which case the procedure provided for in the contracts with the CSDs, pursuant to Article 16 of Guideline ECB/2010/2, will apply.
IV. Implementation details for CSD access criterion 4
This CSD access criterion conforms to the Access and Interoperability Guideline (2) which states that investor CSDs shall have access to issuer CSD services based on the same terms and conditions as provided to any other standard participant of the issuer CSD.
In order for an investor CSD to provide settlement services for securities issued by an issuer CSD, the investor CSD must also provide its participants with basic custody services in relation to those securities. T2S offers core cash and securities settlement in central bank money, where the basic custody services are provided outside T2S.
The issuer CSD must comply with the T2S Corporate Actions Subgroup Standards (3) and all relevant T2S standards or market practices.
The investor CSD must be treated as any other issuer CSD client. An issuer CSD may not impose technical barriers or offer preferential conditions to investor CSDs to access basic custody services.
V. Implementation details for CSD access criterion 5
A level playing field must be maintained between direct and indirect holding markets in implementing CSD access criterion 5. A CSD from a direct holding market may in principle migrate to T2S either by integrating all its securities accounts into T2S or by using the layered model with technical participant accounts in T2S and the end-investor accounts remaining on the local CSD platform. CSD access criterion 5 is fully met where a direct holding market chooses to fully integrate and maintain all its securities accounts in T2S. However, where a direct holding market chooses to migrate to T2S with the layered model, the T2S Programme Board’s evaluation of the associated processes inside and outside T2S, taking into account the essence of CSD access criterion 5, must indicate whether the market needs to request a derogation from CSD access criterion 5.
(1) Committee on Payment and Settlement Systems (CPSS)/Technical Committee of the International Organization of Securities Commissions (IOSCO) Recommendations for securities settlement systems, available on the Bank for International Settlements website at: www.bis.org
(2) The Access and Interoperability Guideline of 28 June 2007, defining the principles and conditions for access and interoperability in line with the Code of Conduct, available on the European Commission’s website at: http://ec.europa.eu
(3) Available on the European Central Bank’s website at: www.ecb.europa.eu
