23.12.2011

EN

Official Journal of the European Union

L 343/1

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DIRECTIVE 2011/98/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 2011

on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular points (a) and (b) of Article 79(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(1)	For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals.

(2)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national law governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals who are legally residing in the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the Union. The European Council accordingly asked the Council to adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Stockholm Programme, which was adopted by the European Council at its meeting of 10 and 11 December 2009.

(3)

Provisions for a single application procedure leading to a combined title encompassing both residence and work permits within a single administrative act will contribute to simplifying and harmonising the rules currently applicable in Member States. Such procedural simplification has already been introduced by several Member States and has made for a more efficient procedure both for the migrants and for their employers, and has allowed easier controls of the legality of their residence and employment.

(4)	In order to allow initial entry into their territory, Member States should be able to issue a single permit or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas in a timely manner.

(5)

A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned.

(6)	The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of work.

(7)

Posted third-country nationals should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (4).

(8)

Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents (5) should not be covered by this Directive given their more privileged status and their specific type of residence permit ‘long-term resident-EU’.

(9)	Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by this Directive given their temporary status.

(10)

The obligation on the Member States to determine whether the application is to be made by a third-country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedure. The Member States should decide whether the application for a single permit is to be made in the Member State of destination or from a third country. In cases where the third-country national is not allowed to make an application from a third country, Member States should ensure that the application may be made by the employer in the Member State of destination.

(11)	The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas.

(12)	The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application.

(13)	The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications or the time required for issuing a visa. This Directive should be without prejudice to national procedures on the recognition of diplomas.

(14)

The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (6), enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence title on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State.

(15)	The provisions of this Directive on residence permits for purposes other than work should apply only to the format of such permits and should be without prejudice to Union or national rules on admission procedures and on procedures for issuing such permits.

(16)

The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent Member States from issuing an additional paper document in order to be able to give more precise information on the employment relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third-country nationals and combat illegal employment but should be optional for Member States and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto can also be used to store such information in an electronic format.

(17)

The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned.

(18)

Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in any six-month period in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (7) and Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (8) (Schengen Convention).

(19)

In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment relationship in other provisions of Union law, as a third-country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of a paid relationship, to work there in accordance with national law or practice.

(20)

All third-country nationals who are legally residing and working in Member States should enjoy at least a common set of rights based on equal treatment with the nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to a Member State to work but also to those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other provisions of Union or national law, including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (9); third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (10); and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (11).

(21)

The right to equal treatment in specified fields should be strictly linked to the third-country national’s legal residence and the access given to the labour market in a Member State, which are enshrined in the single permit encompassing the authorisation to reside and work and in residence permits issued for other purposes containing information on the permission to work.

(22)	Working conditions as referred to in this Directive should cover at least pay and dismissal, health and safety at the workplace, working time and leave taking into account collective agreements in force.

(23)

A Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (12). The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market.

(24)

Third-country workers should enjoy equal treatment as regards social security. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (13). The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in existing Union law in the field of social security for third-country nationals who are in cross-border situations. This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. This Directive should grant rights only in relation to family members who join third-country workers to reside in a Member State on the basis of family reunification or family members who already reside legally in that Member State.

(25)

Member States should ensure at least equal treatment of third-country nationals who are in employment or who, after a minimum period of employment, are registered as unemployed. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred pursuant to Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (14).

(26)

Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.

(27)	Equal treatment of third-country workers should not apply to measures in the field of vocational training which are financed under social assistance schemes.

(28)	This Directive should be applied without prejudice to more favourable provisions contained in Union law and applicable international instruments.

(29)

Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (15) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (16).

(30)

Since the objectives of this Directive, namely laying down a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and a common set of rights for third-country workers legally residing in a Member State, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(31)	This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6(1) of the TEU.

(32)

In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(33)

In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

(34)	In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.   This Directive lays down:

(a)	a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status; and

(b)	a common set of rights to third-country workers legally residing in a Member State, irrespective of the purposes for which they were initially admitted to the territory of that Member State, based on equal treatment with nationals of that Member State.

2.   This Directive is without prejudice to the Member States’ powers concerning the admission of third-country nationals to their labour markets.

Article 2

Definitions

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

(a)	‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU;

(b)	‘third-country worker’ means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of a paid relationship in that Member State in accordance with national law or practice;

(c)	‘single permit’ means a residence permit issued by the authorities of a Member State allowing a third-country national to reside legally in its territory for the purpose of work;

(d)

‘single application procedure’ means any procedure leading, on the basis of a single application made by a third-country national, or by his or her employer, for the authorisation of residence and work in the territory of a Member State, to a decision ruling on that application for the single permit.

Article 3

Scope

1.   This Directive shall apply to:

(a)	third-country nationals who apply to reside in a Member State for the purpose of work;

(b)	third-country nationals who have been admitted to a Member State for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002; and

(c)	third-country nationals who have been admitted to a Member State for the purpose of work in accordance with Union or national law.

2.   This Directive shall not apply to third-country nationals:

(a)

who are family members of citizens of the Union who have exercised, or are exercising, their right to free movement within the Union in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (17);

(b)	who, together with their family members, and irrespective of their nationality, enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and third countries;

(c)	who are posted for as long as they are posted;

(d)	who have applied for admission or have been admitted to the territory of a Member State to work as intra-corporate transferees;

(e)	who have applied for admission or have been admitted to the territory of a Member State as seasonal workers or au pairs;

(f)	who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status;

(g)

who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (18) or who have applied for international protection under that Directive and whose application has not been the subject of a final decision;

(h)

who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision;

(i)	who are long-term residents in accordance with Directive 2003/109/EC;

(j)	whose removal has been suspended on the basis of fact or law;

(k)	who have applied for admission or who have been admitted to the territory of a Member State as self-employed workers;

(l)	who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in or sailing under the flag of a Member State.

3.   Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of study.

4.   Chapter II shall not apply to third-country nationals who are allowed to work on the basis of a visa.

CHAPTER II

SINGLE APPLICATION PROCEDURE AND SINGLE PERMIT

Article 4

Single application procedure

1.   An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whether applications for a single permit are to be made by the third-country national or by the third-country national’s employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third-country national, Member States shall allow the application to be introduced from a third country or, if provided for by national law, in the territory of the Member State in which the third-country national is legally present.

2.   Member States shall examine an application made under paragraph 1 and shall adopt a decision to issue, amend or renew the single permit if the applicant fulfils the requirements specified by Union or national law. A decision to issue, amend or renew the single permit shall constitute a single administrative act combining a residence permit and a work permit.

3.   The single application procedure shall be without prejudice to the visa procedure which may be required for initial entry.

4.   Member States shall issue a single permit, where the conditions provided for are met, to third-country nationals who apply for admission and to third-country nationals already admitted who apply to renew or modify their residence permit after the entry into force of the national implementing provisions.

Article 5

Competent authority

1.   Member States shall designate the authority competent to receive the application and to issue the single permit.

2.   The competent authority shall adopt a decision on the complete application as soon as possible and in any event within four months of the date on which the application was lodged.

The time limit referred to in the first subparagraph may be extended in exceptional circumstances, linked to the complexity of the examination of the application.

Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national law.

3.   The competent authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant national law.

4.   If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the application.

Article 6

Single permit

1.   Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with point (a)7.5-9 of the Annex thereto.

Member States may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer, place of work, type of work, working hours, remuneration) in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)16 of the Annex thereto.

2.   When issuing the single permit Member States shall not issue additional permits as proof of authorisation to access the labour market.

Article 7

Residence permits issued for purposes other than work

1.   When issuing residence permits in accordance with Regulation (EC) No 1030/2002 Member States shall indicate the information relating to the permission to work irrespective of the type of the permit.

Member States may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer, place of work, type of work, working hours, remuneration) in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto.

2.   When issuing residence permits in accordance with Regulation (EC) No 1030/2002, Member States shall not issue additional permits as proof of authorisation to access the labour market.

Article 8

Procedural guarantees

1.   Reasons shall be given in the written notification of a decision rejecting an application to issue, amend or renew a single permit, or a decision withdrawing a single permit on the basis of criteria provided for by Union or national law.

2.   A decision rejecting the application to issue, amend or renew or withdrawing a single permit shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification referred to in paragraph 1 shall specify the court or administrative authority where the person concerned may lodge an appeal and the time limit therefor.

3.   An application may be considered as inadmissible on the grounds of volume of admission of third-country nationals coming for employment and, on that basis, need not to be processed.

Article 9

Access to information

Member States shall provide, upon request, adequate information to the third-country national and the future employer on the documents required to make a complete application.

Article 10

Fees

Member States may require applicants to pay fees, where appropriate, for handling applications in accordance with this Directive. The level of such fees shall be proportionate and may be based on the services actually provided for the processing of applications and the issuance of permits.

Article 11

Rights on the basis of the single permit

Where a single permit has been issued in accordance with national law, it shall authorise, during its period of validity, its holder at least to:

(a)	enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;

(b)	have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law;

(c)	exercise the specific employment activity authorised under the single permit in accordance with national law;

(d)	be informed about the holder’s own rights linked to the permit conferred by this Directive and/or by national law.

CHAPTER III

RIGHT TO EQUAL TREATMENT

Article 12

Right to equal treatment

1.   Third-country workers as referred to in points (b) and (c) of Article 3(1) shall enjoy equal treatment with nationals of the Member State where they reside with regard to:

(a)	working conditions, including pay and dismissal as well as health and safety at the workplace;

(b)

freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

(c)	education and vocational training;

(d)	recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;

(e)	branches of social security, as defined in Regulation (EC) No 883/2004;

(f)	tax benefits, in so far as the worker is deemed to be resident for tax purposes in the Member State concerned;

(g)	access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing as provided by national law, without prejudice to the freedom of contract in accordance with Union and national law;

(h)	advice services afforded by employment offices.

2.   Member States may restrict equal treatment:

(a)

under point (c) of paragraph 1 by: (i) limiting its application to those third-country workers who are in employment or who have been employed and who are registered as unemployed; (ii) excluding those third-country workers who have been admitted to their territory in conformity with Directive 2004/114/EC; (iii) excluding study and maintenance grants and loans or other grants and loans; (iv) laying down specific prerequisites including language proficiency and the payment of tuition fees, in accordance with national law, with respect to access to university and post-secondary education and to vocational training which is not directly linked to the specific employment activity;

(b)

by limiting the rights conferred on third-country workers under point (e) of paragraph 1, but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed. In addition, Member States may decide that point (e) of paragraph 1 with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study, or to third-country nationals who are allowed to work on the basis of a visa.

(c)	under point (f) of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the third-country worker for whom he/she claims benefits, lies in the territory of the Member State concerned.

(d)	under point (g) of paragraph 1 by: (i) limiting its application to those third-country workers who are in employment; (ii) restricting access to housing;

3.   The right to equal treatment laid down in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to renew the residence permit issued under this Directive, the residence permit issued for purposes other than work, or any other authorisation to work in a Member State.

4.   Third-country workers moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.

CHAPTER IV

FINAL PROVISIONS

Article 13

More favourable provisions

1.   This Directive shall apply without prejudice to more favourable provisions of:

(a)	Union law, including bilateral and multilateral agreements between the Union, or the Union and its Member States, on the one hand and one or more third countries on the other; and

(b)	bilateral or multilateral agreements between one or more Member States and one or more third countries.

2.   This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.

Article 14

Information to the general public

Each Member State shall make available to the general public a regularly updated set of information concerning the conditions of third-country nationals’ admission to and residence in its territory in order to work there.

Article 15

Reporting

1.   Periodically, and for the first time by 25 December 2016, the Commission shall present a report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose amendments it deems necessary.

2.   Annually, and for the first time by 25 December 2014, Member States shall communicate to the Commission statistics on the volumes of third-country nationals who have been granted a single permit during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (19).

Article 16

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 December 2013. They shall forthwith communicate to the Commission the text of those provisions.

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

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

Article 17

Entry into force

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

Article 18

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

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(1)  OJ C 27, 3.2.2009, p. 114.

(2)  OJ C 257, 9.10.2008, p. 20.

(3)  Position of the European Parliament of 24 March 2011 (not yet published in the Official Journal) and position of the Council at first reading of 24 November 2011 (not yet published in the Official Journal). Position of the European Parliament of 13 December 2011 (not yet published in the Official Journal).

(4)  OJ L 18, 21.1.1997, p. 1.

(5)  OJ L 16, 23.1.2004, p. 44.

(6)  OJ L 157, 15.6.2002, p. 1.

(7)  OJ L 105, 13.4.2006, p. 1.

(8)  OJ L 239, 22.9.2000, p. 19.

(9)  OJ L 251, 3.10.2003, p. 12.

(10)  OJ L 375, 23.12.2004, p. 12.

(11)  OJ L 289, 3.11.2005, p. 15.

(12)  OJ L 255, 30.9.2005, p. 22.

(13)  OJ L 166, 30.4.2004, p. 1.

(14)  OJ L 344, 29.12.2010, p. 1.

(15)  OJ L 180, 19.7.2000, p. 22.

(16)  OJ L 303, 2.12.2000, p. 16.

(17)  OJ L 158, 30.4.2004, p. 77.

(18)  OJ L 304, 30.9.2004, p. 12.

(19)  OJ L 199, 31.7.2007, p. 23.

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23.12.2011

EN

Official Journal of the European Union

L 343/10

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COUNCIL IMPLEMENTING REGULATION (EU) No 1375/2011

of 22 December 2011

implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 687/2011

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:

(1)	On 18 July 2011, the Council adopted Implementing Regulation (EU) No 687/2011 implementing Article 2(3) of Regulation (EC) No 2580/2001 (2), establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.

(2)	The Council has provided all the persons, groups and entities for which it was practically possible with statements of reasons explaining why they were listed in Implementing Regulation (EU) No 687/2011.

(3)

By way of a notice published in the Official Journal of the European Union  (3), the Council informed the persons, groups and entities listed in Implementing Regulation (EU) No 687/2011 that it had decided to keep them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council's reasons for putting them on the list where one had not already been communicated to them. In the case of certain person and groups an amended statement of reasons was made available.

(4)	The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. When doing so it took account of observations submitted to the Council by those concerned.

(5)

The Council has concluded that the persons, groups and entities listed in the Annex to this Regulation have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (4), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

(6)	The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly and Implementing Regulation (EU) No 687/2011 should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the list set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 687/2011 is hereby repealed.

Article 3

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

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(1)  OJ L 344, 28.12.2001, p. 70.

(2)  OJ L 188, 19.7.2011, p. 2.

(3)  OJ C 212, 19.7.2011, p. 20.

(4)  OJ L 344, 28.12.2001, p. 93.

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23.12.2011

EN

Official Journal of the European Union

L 343/14

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COMMISSION IMPLEMENTING REGULATION (EU) No 1376/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications (Mongeta del Ganxet (PDO))

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, Spain’s application to register the name ‘Mongeta del Ganxet’ was published in the Official Journal of the European Union  (2).

(2)	As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, 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.

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(1)  OJ L 93, 31.3.2006, p. 12.

(2)  OJ C 124, 27.4.2011, p. 16.

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23.12.2011

EN

Official Journal of the European Union

L 343/16

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COMMISSION IMPLEMENTING REGULATION (EU) No 1377/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications [Salva Cremasco (PDO)]

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, Italy's application to register the name ‘Salva Cremasco’ was published in the Official Journal of the European Union  (2).

(2)	As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, 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 twentieth day following that of its publication in the Official Journal of the European Union.

---

(1)  OJ L 93, 31.3.2006, p. 12.

(2)  OJ C 124, 27.4.2011, p. 20.

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23.12.2011

EN

Official Journal of the European Union

L 343/18

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COMMISSION IMPLEMENTING REGULATION (EU) No 1378/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications (Rheinisches Apfelkraut (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, Germany’s application to register the name ‘Rheinisches Apfelkraut’ was published in the Official Journal of the European Union  (2).

(2)	As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, 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.

---

(1)  OJ L 93, 31.3.2006, p. 12.

(2)  OJ C 129, 30.4.2011, p. 23.

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23.12.2011

EN

Official Journal of the European Union

L 343/20

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COMMISSION IMPLEMENTING REGULATION (EU) No 1379/2011

of 20 December 2011

amending Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 as regards the CN codes and the product codes of the agricultural product nomenclature for export refunds in the beef and veal, egg and poultrymeat sectors

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 Articles 134, 161(3), 170 and 192(2), in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulations (EC) No 382/2008 (2), (EU) No 1178/2010 (3) and (EU) No 90/2011 (4) lay down rules for the system of export licences in relation to export refunds in the beef and veal, egg and poultrymeat sectors respectively. Those Regulations refer to CN codes and product codes of the agricultural product nomenclature for export refunds in order to indicate the products which are subject, or not subject, to the presentation of an export licence when an export refund is requested.

(2)	Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (5) was amended by Commission Regulation (EU) No 1006/2011 (6).

(3)	Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (7) was amended by Commission Implementing Regulation (EU) No 1334/2011 (8).

(4)

Consequently, the CN codes and product codes used in Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 need to be adapted to those used in Annex I to Regulation (EEC) No 2658/87 as amended by Regulation (EU) No 1006/2011 and in Regulation (EEC) No 3846/87 as amended by Implementing Regulation (EU) No 1334/2011.

(5)	Regulation (EC) No 382/2008 also uses CN codes in the framework of import licences. For consistency reasons, it is appropriate to amend those codes as well.

(6)	Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 382/2008 is amended as follows:

(1)	in Article 2(2), ‘CN codes 0102 90 05 to 0102 90 49’ is replaced by ‘CN codes 0102 29 10 to 0102 29 49, ex 0102 39 10 of a weight not exceeding 300 kg and ex 0102 90 91 of a weight not exceeding 300 kg’;

(2)

Article 10 is amended as follows: (a) in point (a) of paragraph 1, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’; and ‘CN codes 0102 90 and ex 1602’ is replaced by ‘CN codes 0102 29, 0102 39 10, 0102 90 91 and ex 1602’; (b) in point (a) of paragraph 2, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’; (c) in paragraph 3, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’;

(3)	Annex I is replaced by the text in Annex I to this Regulation;

(4)

in Annex V, the first group of product categories is replaced by the following: ‘Product category CN code 110. 0102 29 10, ex 0102 39 10 of a weight not exceeding 80 kg and ex 0102 90 91 of a weight not exceeding 80 kg 120. 0102 29 21 and 0102 29 29, ex 0102 39 10 of a weight exceeding 80 kg but not exceeding 160 kg and ex 0102 90 91 of a weight exceeding 80 kg but not exceeding 160 kg 130. 0102 29 41 and 0102 29 49, ex 0102 39 10 of a weight exceeding 160 kg but not exceeding 300 kg and ex 0102 90 91 of a weight exceeding 160 kg but not exceeding 300 kg 140. 0102 29 51 to 0102 29 99, ex 0102 39 10 of a weight exceeding 300 kg and ex 0102 90 91 of a weight exceeding 300 kg’;

(5)

in Annex VI, the first group of product categories is replaced by the following: ‘Category Product code 011. 0102 21 10 9140, 0102 21 30 9140, 0102 31 00 9100, 0102 90 20 9100, 0102 31 00 9200 and 0102 90 20 9200 021. 0102 21 10 9150, 0102 21 30 9150, 0102 21 90 9120, 0102 31 00 9150, 0102 31 00 9250, 0102 31 00 9300, 0102 90 20 9150, 0102 90 20 9250 and 0102 90 20 9300 031. 0102 29 91 9000, 0102 39 10 9350 and 0102 90 91 9350 041. 0102 29 41 9100, 0102 29 51 9000, 0102 29 59 9000, 0102 29 61 9000, 0102 29 69 9000, 0102 29 99 9000, 0102 39 10 9100, 0102 39 10 9150, 0102 39 10 9200, 0102 39 10 9250, 0102 39 10 9400, 0102 90 91 9100, 0102 90 91 9150, 0102 90 91 9200, 0102 90 91 9250, 0102 90 91 9300 and 0102 90 91 9400’.

Article 2

Regulation (EU) No 1178/2010 is amended as follows:

(1)	in Article 1, ‘CN codes 0407 00 11 and 0407 00 19’ is replaced by ‘CN codes 0407 11 00, 0407 19 11 and 0407 19 19’;

(2)	in Article 8(1), ‘CN codes 0407 00 11 and 0407 00 19’ is replaced by ‘CN codes 0407 11 00, 0407 19 11 and 0407 19 19’;

(3)	Annex I is replaced by the text in Annex II to this Regulation.

Article 3

Regulation (EU) No 90/2011 is amended as follows:

(1)	in Article 1, ‘CN codes 0105 11, 0105 12 and 0105 19’ is replaced by ‘CN codes 0105 11, 0105 12 00, 0105 13 00, 0105 14 00 and 0105 15 00’;

(2)	in Article 8(1), ‘CN codes 0105 11, 0105 12 and 0105 19’is replaced by ‘CN codes 0105 11, 0105 12 00, 0105 13 00, 0105 14 00 and 0105 15 00’;

(3)	Annex I is replaced by the text in Annex III to this Regulation.

Article 4

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

It shall apply from 1 January 2012.

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 115, 29.4.2008, p. 10.

(3)  OJ L 328, 14.12.2010, p. 1.

(4)  OJ L 30, 4.2.2011, p. 1.

(5)  OJ L 256, 7.9.1987, p. 1.

(6)  OJ L 282, 28.10.2011, p. 1.

(7)  OJ L 366, 24.12.1987, p. 1.

(8)  OJ L 336, 20.12.2011, p. 35.

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23.12.2011

EN

Official Journal of the European Union

L 343/25

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COMMISSION IMPLEMENTING REGULATION (EU) No 1380/2011

of 21 December 2011

amending Regulation (EC) No 798/2008 as regards the specific conditions for breeding and productive ratites

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 25(1)(b) thereof,

Whereas:

(1)

Annex VIII to Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (2) sets out the specific conditions which apply to imports of breeding and productive poultry other than ratites and to imports of hatching eggs and day-old chicks other than ratites.

(2)

Point 2 of Part II of that Annex provides that, where day-old chicks are not reared in the Member State which imported the hatching eggs, they are to be transported directly to the final destination and kept there for at least three weeks from the date of hatching. That requirement is reflected in Part I of the relevant model veterinary certificate for day-old chicks laid down in Annex IV to Directive 2009/158/EC.

(3)

Annex IX to Regulation (EC) No 798/2008 sets out the specific conditions which apply to imports of ratites for breeding and production, hatching eggs and day-old chicks thereof. Those specific conditions do not currently include a similar provision concerning ratites as the one included for poultry in point 2 of Part II of Annex VIII to that Regulation.

(4)	Experience in the application of that provision concerning poultry shows that it is appropriate to extend it also to day-old chicks of ratites.

(5)	Regulation (EC) No 798/2008 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

In Annex IX to Regulation (EC) No 798/2008, in Part II, point 3 is replaced by the following:

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 February 2012.

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(1)  OJ L 343, 22.12.2009, p. 74.

(2)  OJ L 226, 23.8.2008, p. 1.

(3)  OJ L 343, 22.12.2009, p. 74.’

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23.12.2011

EN

Official Journal of the European Union

L 343/26

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COMMISSION IMPLEMENTING REGULATION (EU) No 1381/2011

of 22 December 2011

concerning the non-approval of the active substance chloropicrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Decision 2008/934/EC

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,

Whereas:

(1)

In accordance with Article 80(1)(c) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which completeness has been established in accordance with Article 16 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (3). Chloropicrin is an active substance for which completeness has been established in accordance with that Regulation.

(2)

Commission Regulations (EC) No 451/2000 (4) and (EC) No 1490/2002 (5) lay down the detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish lists of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. These lists included chloropicrin.

(3)

In accordance with Article 3(2) of Commission Regulation (EC) No 1095/2007 of 20 September 2007 amending Regulation (EC) No 1490/2002 laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC and Regulation (EC) No 2229/2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (6) the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from entry into force of Regulation (EC) No 1095/2007. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (7) was adopted on the non-inclusion of chloropicrin.

(4)	Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regulation (EC) No 33/2008.

(5)

The application was submitted to Italy, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

(6)

Italy evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 11 March 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on the risk assessment of chloropicrin to the Commission on 23 February 2011 (8). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 October 2011 in the format of the Commission review report for chloropicrin.

(7)

During the evaluation of this active substance, concerns were identified. Those concerns were, in particular, the following. There is an unacceptable risk to operators. It was not possible to perform a reliable groundwater exposure assessment as data were missing concerning the metabolite dichloronitromethane and impurities of the active substance as manufactured. Insufficient data were available to conclude on the risks to sediment dwellers, bees, earthworms and non-target plants. A high risk to aquatic organisms, birds and mammals was identified. It was not possible to perform a reliable surface water and sediment exposure assessment as data were missing for chloropicrin and the metabolite dichloronitromethane. No reliable assessment of exposure concentrations in air of phosgene could be performed. A high potential for long-range atmospheric transport was identified.

(8)

The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with Article 21(1) to Regulation (EC) No 33/2008, the Commission invited the applicant to submit comments on the draft review report. The applicant submitted its comments, which have been carefully examined.

(9)

However, despite the arguments put forward by the applicant, the concerns referred to in recital 7 could not be eliminated. Consequently, it has not been demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing chloropicrin satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

(10)	Chloropicrin should therefore not be approved pursuant to Article 13(2) of Regulation (EC) No 1107/2009.

(11)	To provide Member States with time to withdraw authorisations for plant protection products containing chloripicrin, Regulation (EC) No 1490/2002 should be derogated from.

(12)	For plant protection products containing chloropicrin, where Member States grant any period of grace in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest 1 year after the withdrawal of the respective authorisation.

(13)	This Regulation does not prejudice the submission of a further application for chloropicrin pursuant to Article 7 of Regulation (EC) No 1107/2009.

(14)	In the interest of clarity, the entry for chloropicrin in the Annex to Decision 2008/934/EC should be deleted.

(15)	It is therefore appropriate to amend Decision 2008/934/EC accordingly.

(16)

The Standing Committee on the Food chain and Animal Health did not deliver an opinion. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The measures provided for in this Regulation are in accordance with the opinion of the appeal committee,

HAS ADOPTED THIS REGULATION:

Article 1

Non-approval of active substance

The active substance chloropicrin is not approved.

Article 2

Transitional measures

By way of derogation from Article 12(3) of Regulation (EC) No 1490/2002, Member States shall ensure that authorisations for plant protection products containing chloropicrin are withdrawn by 23 June 2012.

Article 3

Period of grace

Any period of grace granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire 12 months after withdrawal of the respective authorisation at the latest.

Article 4

Amendments to Decision 2008/934/EC

In the Annex to Decision 2008/934/EC, the entry for ‘chloropicrin’ is deleted.

Article 5

Entry into force and date of application

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

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(1)  OJ L 309, 24.11.2009, p. 1.

(2)  OJ L 230, 19.8.1991, p. 1.

(3)  OJ L 15, 18.1.2008, p. 5.

(4)  OJ L 55, 29.2.2000, p. 25.

(5)  OJ L 224, 21.8.2002, p. 23.

(6)  OJ L 246, 21.9.2007, p. 19.

(7)  OJ L 333, 11.12.2008, p. 11.

(8)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance chloropicrin. EFSA Journal 2011;9(3):2084. [58 pp.] doi:10.2903/j.efsa.2011.2084. Available online: www.efsa.europa.eu/efsajournal.htm

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23.12.2011

EN

Official Journal of the European Union

L 343/28

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COMMISSION IMPLEMENTING REGULATION (EU) No 1382/2011

of 22 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 23 December 2011.

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 157, 15.6.2011, p. 1.

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23.12.2011

EN

Official Journal of the European Union

L 343/30

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COMMISSION IMPLEMENTING REGULATION (EU) No 1383/2011

of 22 December 2011

fixing the import duties in the cereals sector applicable from 1 January 2012

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 Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)	Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)	Import duties should be fixed for the period from 1 January 2012 and should apply until new import duties are fixed and enter into force.

(5)	Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January 2012, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

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

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 187, 21.7.2010, p. 5.

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23.12.2011

EN

Official Journal of the European Union

L 343/33

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COMMISSION IMPLEMENTING REGULATION (EU) No 1384/2011

of 22 December 2011

on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011

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 187, in conjunction with Article 4, thereof

Whereas:

(1)	Commission Implementing Regulation (EU) No 1239/2011 (2) opened a standing invitation to tender for the 2011/12 marketing year for imports of sugar of CN code 1701 at a reduced customs duty.

(2)	In accordance with Article 6 of Implementing Regulation (EU) No 1239/2011, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code.

(3)

On the basis of the tenders received for the third partial invitation to tender, a minimum customs duty should be fixed for certain eight digit codes for sugar falling within CN code 1701 and no minimum customs duty should be fixed for the other eight digit codes for sugar falling within that CN code.

(4)	In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(5)	The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011, in respect of which the time limit for the submission of tenders expired on 21 December 2011, a minimum customs duty has been fixed, or has not been fixed, as set out in the Annex to this Regulation for the eight digit codes for sugar falling within CN code 1701.

Article 2

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

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 318, 1.12.2011, p. 4.

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23.12.2011

EN

Official Journal of the European Union

L 343/35

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COUNCIL DECISION 2011/871/CFSP

of 19 December 2011

establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 26(2) and 41(2) thereof,

Whereas:

(1)

The European Council, meeting in Helsinki on 10 and 11 December 1999, agreed in particular that, ‘cooperating voluntarily in EU-led operations, Member States must be able, by 2003, to deploy within 60 days and sustain for at least one year, military forces of up to 50 000 to 60 000 persons capable of the full range of Petersberg tasks’.

(2)	On 17 June 2002, the Council approved the arrangements for the financing of EU-led crisis-management operations having military or defence implications.

(3)	The Council, in its conclusions of 14 May 2003, confirmed the need for a rapid reaction capability, in particular for humanitarian and rescue tasks.

(4)	The European Council, meeting in Thessaloniki on 19 and 20 June 2003, welcomed the conclusions of the Council meeting on 19 May 2003, which in particular confirmed the need for a European Union military rapid reaction capability.

(5)

On 22 September 2003, the Council decided that the European Union should acquire the capacity to flexibly manage the financing of common costs of military operations of any scale, complexity or urgency, in particular by setting up, by 1 March 2004 at the latest, a permanent financing mechanism to assume charge of the financing of common costs of any future EU military operation.

(6)

On 23 February 2004, the Council adopted Decision 2004/197/CFSP establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (1). The Decision has subsequently been amended and replaced several times, most recently by Decision 2008/975/CFSP (2).

(7)	The European Union is capable of conducting military rapid response operations in accordance with the concept defined by the EU Military Committee. The European Union is capable of deploying Battle Groups in accordance with the concept defined by the EU Military Committee.

(8)	The scheme for early financing is intended first and foremost for rapid response operations.

(9)	Exercises at the political and military strategic level of the command and control structures and procedures for EU military operations through EU headquarters exercises, as approved by the Political and Security Committee (PSC), contribute to enhancing the Union’s overall operational readiness.

(10)	The Council decides on a case-by-case basis whether an operation has military or defence implications, within the meaning of Article 41(2) of the Treaty on European Union (TEU).

(11)

The second subparagraph of Article 41(2) of the TEU provides that Member States whose representatives in the Council have made a formal declaration pursuant to the second subparagraph of Article 31(1) thereof, shall not be obliged to contribute to the financing of the operation having military or defence implications concerned.

(12)

In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in this decision and therefore does not participate in the financing of the mechanism.

(13)	Pursuant to Article 44 of Decision 2008/975/CFSP, the Council has reviewed that Decision and agreed to amend it.

(14)	For the sake of clarity, Decision 2008/975/CFSP should be repealed and replaced by a new Decision,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purpose of this Decision:

(a)	‘participating Member States’ shall mean the Member States of the European Union, except Denmark;

(b)

‘contributing States’ shall mean the Member States contributing to the financing of the military operation in question in accordance with Article 41(2) of the TEU and the third States contributing to the financing of the common costs of this operation pursuant to agreements between them and the European Union;

(c)	‘operations’ shall mean the EU operations having military or defence implications;

(d)	‘military supporting actions’ shall mean the EU operations, or parts thereof, decided by the Council in support of a third State or a third organisation, which have military or defence implications, but which are not under the authority of European Union Headquarters.

CHAPTER 1

MECHANISM

Article 2

Establishment of the mechanism

1.   A mechanism to administer the financing of the common costs of operations is hereby established.

2.   The mechanism shall be called Athena.

3.   Athena shall act on behalf of the participating Member States or, regarding the specific operations, the contributing States.

Article 3

Legal capacity

With a view to the administrative management of the financing of EU operations with military or defence implications, Athena shall have the necessary legal capacity, in particular, to hold bank accounts, acquire, hold or dispose of property, enter into contracts and administrative arrangements and be a party to legal proceedings. Athena shall be non-profit-making.

Article 4

Coordination with third parties

To the extent necessary to achieve its tasks, and in conformity with the objectives and policies of the European Union, Athena shall coordinate its activities with the Member States, Union institutions and bodies, and international organisations.

CHAPTER 2

ORGANISATIONAL STRUCTURE

Article 5

Management bodies and staff

1.   Athena shall be managed, under the authority of the Special Committee, by:

(a)	the administrator;

(b)	the commander of each operation, in relation to the operation which he commands (‘operation commander’);

(c)	the accounting officer.

2.   Athena shall use existing administrative structures of the Union to the greatest possible extent. Athena shall resort to staff made available as necessary by the Union institutions or seconded by Member States.

3.   The Secretary-General of the Council may provide the administrator and the accounting officer with the staff needed for them to carry out their functions, which may be on the basis of a proposal by a participating Member State.

4.   Athena’s bodies and staff shall be mobilised on the basis of operational needs.

Article 6

Special Committee

1.   A Special Committee composed of one representative of each participating Member State is established.

Representatives of the European External Action Service (EEAS) and of the Commission shall be invited to attend the meetings of the Special Committee without taking part in its votes.

2.   Athena shall be managed under the authority of the Special Committee.

3.   When the Special Committee is discussing the financing of the common costs of a given operation:

(a)	the Special Committee shall be composed of one representative of each contributing Member State;

(b)	the representatives of contributing third States shall participate in the proceedings of the Special Committee. They shall neither take part in nor be present at its votes;

(c)	the operation commander or his representative shall participate in the proceedings of the Special Committee, without taking part in its votes.

4.   The Presidency of the Council shall convene and chair the meetings of the Special Committee. The administrator shall provide the secretariat for the Special Committee. He shall draw up the minutes of the result of the Committee’s discussions. He shall not take part in its votes.

5.   The accounting officer shall participate as necessary in the proceedings of the Special Committee, without taking part in its votes.

6.   If a participating Member State, the administrator or the operation commander so requests, the Presidency shall convene the Special Committee within at most 15 days.

7.   The administrator shall adequately inform the Special Committee of any claim or dispute involving Athena.

8.   The Special Committee shall decide unanimously amongst its members, taking into account its composition as defined in paragraphs 1 and 3. Its decisions shall be binding.

9.   The Special Committee approves all budgets, taking into account the relevant reference amounts, and generally exercises the competences pursuant to this Decision.

10.   The Special Committee shall be informed by the administrator, the operation commander and the accounting officer as provided for in this Decision.

11.   The text of the acts approved by the Special Committee pursuant to this Decision shall at the time of their approval be signed by the chairman of the Special Committee and by the administrator.

Article 7

Administrator

1.   The Secretary-General of the Council, after informing the Special Committee, shall appoint the administrator and at least one deputy administrator for a period of three years.

2.   The administrator shall carry out his duties on behalf of Athena.

3.   The administrator:

(a)	shall draw up and submit to the Special Committee any draft budget. The ‘expenditure’ section for an operation in any draft budget shall be drawn up on the basis of a proposal from the operation commander;

(b)	shall adopt the budgets after their approval by the Special Committee;

(c)	shall be the authorising officer for the sections ‘revenue’, ‘common costs incurred in preparation for, or further to, operations’ and ‘operational common costs’ incurred outside the active phase of the operation;

(d)	as regards revenue, shall implement the financial arrangements made with third parties in relation to the financing of the common costs of the EU military operations;

(e)	shall open one or more bank accounts on behalf of Athena.

4.   The administrator shall ensure that the rules established by this Decision are complied with, and that the decisions of the Special Committee are implemented.

5.   The administrator shall be authorised to adopt any measures which he deems necessary to implement the expenditure financed through Athena. He shall inform the Special Committee thereof.

6.   The administrator shall coordinate work on financial questions relating to the EU military operations. He shall be the contact point with national administrations and, as appropriate, international organisations on these matters.

7.   The administrator shall be accountable to the Special Committee.

Article 8

Operation commander

1.   The operation commander shall carry out his duties on behalf of Athena in relation to the financing of the common costs of the operation which he commands.

2.   For the operation which he commands, the operation commander shall:

(a)	send the administrator his proposals for the ‘expenditure — operational common costs’ section of the draft budgets;

(b)

as authorising officer, implement the appropriations relating to the operational common costs as well as expenditure under Article 28; he shall exercise his authority over any person participating in the implementation of those appropriations, including pre-financing; he may award contracts and enter into contracts on behalf of Athena; he shall open a bank account on behalf of Athena for the operation which he commands.

3.   The operation commander shall be authorised to adopt any measures which he deems necessary to implement the expenditure financed through Athena, for the operation which he commands. He shall inform the administrator and the Special Committee thereof.

4.   Except in duly warranted circumstances approved by the Special Committee following a proposal by the administrator, the operation commander shall use the accounting and asset management system provided by Athena. The administrator shall inform the Special Committee in advance when he considers that such circumstances exist.

Article 9

Accounting officer

1.   The Secretary-General of the Council shall appoint the accounting officer and at least one deputy accounting officer for a period of three years.

2.   The accounting officer shall carry out his duties on behalf of Athena.

3.   The accounting officer shall be responsible for:

(a)	proper implementation of payments, collection of revenue and recovery of amounts established as being receivable;

(b)	preparing the financial statements for Athena each year, and, after completion of each operation, the accounts for that operation;

(c)	supporting the administrator when he submits the annual accounts or the accounts for an operation to the Special Committee for approval;

(d)	keeping the accounts for Athena;

(e)	laying down the accounting rules and methods and the chart of accounts;

(f)	laying down and validating the accounting systems for revenue and, where appropriate, validating systems laid down by the authorising officer to supply or justify accounting information;

(g)	keeping supporting documents;

(h)	treasury management, jointly with the administrator.

4.   The administrator and the operation commander shall provide the accounting officer with all the information necessary for the production of accounts which accurately represent Athena’s financial assets and budget implementation administered by Athena. They shall guarantee its reliability.

5.   The accounting officer shall be accountable to the Special Committee.

Article 10

General provisions applicable to the administrator, the accounting officer and Athena’s staff

1.   The functions of administrator or deputy administrator, on the one hand, and accounting officer or deputy accounting officer, on the other, shall be mutually incompatible.

2.   Any deputy administrator shall act under the authority of the administrator. Any deputy accounting officer shall act under the authority of the accounting officer.

3.   A deputy administrator shall replace the administrator when he is absent. A deputy accounting officer shall replace the accounting officer when he is absent.

4.   Officials and other servants of the European Union, when carrying out functions on behalf of Athena, shall remain subject to the rules and regulations applicable to them.

5.   The staff made available to Athena by the Member States shall be subject to the same rules as those set out in the Council decision concerning the rules applicable to national experts on secondment, and to the provisions agreed on by their national administration and the Union institution or Athena.

6.   Before their appointment, the staff of Athena must have received clearance for access to classified information up to at least ‘Secret UE’ level held by the Council, or equivalent clearance by a Member State.

7.   The administrator may negotiate and enter into arrangements with the Member States or Union institutions with a view to designating in advance those staff who could, if need be, be made immediately available to Athena.

CHAPTER 3

ADMINISTRATIVE ARRANGEMENTS AND FRAMEWORK CONTRACTS

Article 11

Administrative arrangements and framework contracts

1.   Administrative arrangements may be negotiated with Member States, Union institutions and bodies, third States and international organisations in order to facilitate procurement and/or the financial aspects of mutual support in operations in the most cost-effective manner.

2.   Such arrangements shall be:

(a)	subject to consultation of the Special Committee if they are concluded with Member States, Union institutions or bodies;

(b)	submitted for approval to the Special Committee if they are concluded with third States or international organisations.

3.   Such arrangements shall be signed by the administrator or, where appropriate, the respective operation commander, acting on behalf of Athena, and by the competent administrative authorities of the other parties referred to in paragraph 1.

4.   Framework contracts may be concluded in order to facilitate procurement in the most cost-effective manner. Such contracts shall be submitted for approval to the Special Committee before being signed by the administrator and shall be made available to Member States and operation commanders should they wish to make use of them. This provision will impose no obligation on any Member State to avail of or to procure goods or services on the basis of a framework contract.

Article 12

Standing and ad hoc administrative arrangements on modalities for the payment of third States’ contributions

1.   In the framework of the agreements concluded between the European Union and third States indicated by the Council as potential contributors to EU operations or as contributors to a specific EU operation, the administrator shall negotiate with these third States standing or ad hoc administrative arrangements. These arrangements shall take the form of an Exchange of Letters between Athena and the competent administrative services of the third States concerned establishing the modalities necessary to facilitate swift payment of contributions.

2.   Pending the conclusion of the agreements referred to in paragraph 1, the administrator may take the necessary measures to facilitate payments by the contributing third States.

3.   The administrator shall inform the Special Committee in advance of the envisaged arrangements referred to in paragraph 1, before signing them on behalf of Athena.

4.   When a military operation is launched by the Union, the administrator shall, for the amounts of contributions decided by the Council, implement the arrangements with the third States contributing to that operation.

CHAPTER 4

BANK ACCOUNTS

Article 13

Opening and purpose

1.   Any bank account shall be opened at a first-rate financial institution with its head office in a Member State and shall be a current or short-term account in euro. In duly warranted circumstances, and after approval of the administrator, accounts may be opened at financial institutions with head office outside the Member States.

2.   In duly warranted circumstances, accounts may be opened in currencies other than the euro.

3.   The contributions from contributing States shall be paid into these bank accounts. They shall be used to pay for the costs administered by Athena and to make the necessary advances to the operation commander for the implementation of expenditure relating to the common costs of a military operation.

Article 14

Management of funds

1.   Any payment from Athena’s account shall require the joint signature of the administrator or a deputy administrator on the one hand and the accounting officer or a deputy accounting officer on the other.

2.   No bank account may be overdrawn.

CHAPTER 5

COMMON COSTS

Article 15

Definition of common costs and periods for eligibility

1.   The common costs listed in Annex I shall be at the expense of Athena whenever they are incurred. When entered in an article of the budget showing the operation to which they are most related, they shall be regarded as operational costs of that operation. Otherwise, they shall be regarded as common costs incurred in preparation for, or following, operations.

2.   Furthermore, Athena shall bear the operational common costs listed in Annex II during the period from the approval of the crisis management concept for the operation until the appointment of the operation commander. In particular circumstances, after the PSC has been consulted, the Special Committee may modify the period during which these costs shall be borne by Athena.

3.   During the active phase of an operation, which runs from the date on which the operation commander is appointed to the day on which the operation headquarters ceases its activity, Athena shall bear as operational common costs:

(a)	the common costs listed in Part A of Annex III;

(b)	the common costs listed in Part B of Annex III, when the Council so decides;

(c)	the common costs listed in Part C of Annex III, when the operation commander so requests and if the Special Committee approves it.

4.   During the active phase of a military supporting action, as determined by the Council, Athena shall bear as operational common costs the common costs defined by the Council on a case-by-case basis by reference to Annex III.

5.   The operational common costs of an operation also include the expenditure necessary to wind it up, as listed in Annex IV.

The operation is wound up when the equipment and infrastructure commonly funded for the operation have found their final destination and the accounts for the operation have been approved.

6.   No expenditure incurred with a view to covering costs which would in any case have been borne by one or more contributing States, a Union institution or an international organisation, independently of the organisation of an operation, may be eligible as a common cost.

7.   The Special Committee may decide on a case-by-case basis that, in view of particular circumstances, certain incremental costs other than those listed in Part B of Annex III shall be regarded as common costs for one given operation during its active phase.

8.   If unanimity cannot be achieved in the Special Committee, the latter may, at the initiative of the Presidency, refer the question to the Council.

Article 16

Exercises

1.   The common costs of the European Union’s exercises shall be financed through Athena following rules and procedures similar to those for operations to which all participating Member States contribute.

2.   These exercise common costs shall be composed of, firstly, incremental costs for deployable or fixed headquarters and, secondly, incremental costs incurred by EU recourse to NATO common assets and capabilities when made available for an exercise.

3.   Exercise common costs shall not include costs related to:

(a)	capital acquisitions, including those related to buildings, infrastructure and equipment;

(b)	the planning and preparatory phase of exercises, unless approved by the Special Committee;

(c)	transport, barracks and lodging for forces.

Article 17

Reference amount

Any Council decision by which the Council decides to establish or extend an EU military operation shall contain a reference amount for the common costs of that operation. The administrator shall, with the support in particular of the Union military staff and, if he is in office, the operation commander, evaluate the amount judged necessary to cover the common costs of the operation for the planned period. The administrator shall propose this amount through the Presidency to the Council body responsible for examining the draft decision. The members of the Special Committee shall be invited to the discussions of this body concerning the reference amount.

CHAPTER 6

BUDGET

Article 18

Budgetary principles

1.   The budget, drawn up in euro, is the act which for each financial year lays down and authorises all the revenue and expenditure relating to common costs administered by Athena.

2.   All expenditure shall be linked to a specific operation, except where appropriate for the costs listed in Annex I.

3.   The appropriations entered in the budget are authorised for the duration of a financial year which begins on 1 January and ends on 31 December of the same year.

4.   Budget revenue and expenditure shall be in balance.

5.   No revenue or expenditure relating to common costs may be implemented other than by allocation to a heading in the budget and within the limit of the appropriations entered there, except pursuant to Article 32(5).

Article 19

Annual budget

1.   Each year the administrator shall draw up a draft budget for the following financial year, with the assistance of each operation commander for his operation.

2.   The draft shall include:

(a)	the appropriations deemed necessary to cover the common costs incurred in preparation for, or further to, operations;

(b)	the appropriations deemed necessary to cover the operational common costs for ongoing or planned operations, including, where appropriate, to reimburse common costs which have been pre-financed by a State or third party;

(c)	the provisional appropriations as referred to in Article 26;

(d)	a forecast of the revenue needed to cover expenditure.

3.   The commitment and payment appropriations shall be classified in titles and chapters grouping expenditure together by type or purpose, subdivided as necessary into articles. Detailed comments by chapter or article shall be included in the draft budget. One specific title shall be dedicated to each operation. One specific title shall be the general part of the budget and shall include the common costs incurred in preparation for, or further to, operations.

4.   Each title may include a chapter entitled ‘provisional appropriations’. These appropriations shall be entered where there is uncertainty, based on serious grounds, about the amount of appropriations needed or the scope for implementing the appropriations entered.

5.   Revenue shall consist of:

(a)	contributions payable by the participating and contributing Member States and, where appropriate, by contributing third States;

(b)	miscellaneous revenue, subdivided by title, which includes interest received, revenue from sales and the budget outturn from the previous financial year, after it has been determined by the Special Committee.

6.   The administrator shall propose the draft budget to the Special Committee by 31 October at the latest. The Special Committee shall approve the draft budget by 31 December. The administrator shall adopt the approved budget and notify the participating Member States and contributing third States.

Article 20

Amending budgets

1.   In the case of unavoidable, exceptional or unforeseen circumstances, including when an operation is launched during the course of the financial year, the administrator shall propose a draft amending budget. The draft amending budget shall be drawn up, proposed, approved and adopted and notification given in accordance with the same procedure as the annual budget. The Special Committee shall discuss it taking account of its urgency.

2.   When this draft amending budget results from the launching of a new operation or changes in the budget of an ongoing operation, the administrator will inform the Special Committee of the total costs foreseen for this operation. If these costs substantially exceed the relevant reference amount, the Special Committee may request the Council to approve it.

3.   The draft amending budget resulting from the launching of a new operation shall be submitted to the Special Committee within a period of four months after the approval of the reference amount, unless the Special Committee decides on a longer deadline.

Article 21

Transfers

1.   The administrator, where appropriate on the basis of a proposal by the operation commander, may make transfers of appropriations. The administrator shall inform the Special Committee of his intention, in so far as the urgency of the situation permits, at least one week in advance. However, the prior approval of the Special Committee shall be required when:

(a)	the planned transfer will amend the total of the appropriations provided for an operation; or

(b)	the planned transfers between chapters during the financial year exceed 10 % of the appropriations entered in the chapter from which the appropriations are being drawn, as appearing in the adopted budget for the financial year on the date when the proposal for the transfer in question is made.

2.   When he deems this to be necessary for the proper conduct of an operation, in the three months following the date of launching of the operation, the operation commander may make transfers of appropriations allocated for the operation, between articles and between chapters in the ‘operational common costs’ section of the budget. He shall inform the administrator and the Special Committee thereof.

Article 22

Carryover of appropriations

1.   In principle, the appropriations intended to cover the common costs incurred in preparation for, or further to, operations, which have not been committed are cancelled at the end of the financial year, if not otherwise provided for in paragraph 2.

2.   Appropriations intended to cover the cost of storing material and equipment administered by Athena may be carried over once to the following financial year, when a commitment to that effect was made before 31 December of the current financial year. Appropriations intended to cover operational common costs may be carried over if they are necessary for an operation which has not been fully wound up.

3.   The administrator shall submit proposals for the carrying over of non-committed appropriations from the preceding financial year to the Special Committee by 15 February. These proposals shall be deemed approved unless the Special Committee decides otherwise by 15 March.

4.   The committed appropriations from the preceding financial year shall be carried over and the Special Committee shall be informed thereof by the administrator by 15 February.

Article 23

Anticipated implementation

Once the annual budget has been approved, appropriations may be used to cover commitments and payments in so far as operationally necessary.

CHAPTER 7

CONTRIBUTIONS AND REIMBURSEMENTS

Article 24

Determination of contributions

1.   Payment appropriations to cover the common costs incurred in preparation for, or further to, operations which are not covered by miscellaneous revenue shall be financed by contributions from the participating Member States.

2.   Payment appropriations to cover the operational common costs of an operation shall be covered by contributions from the contributing States.

3.   The contributions payable by the contributing Member States for an operation shall be equal to the amount of the payment appropriations entered in the budget and intended to cover the operational common costs of that operation, after deduction of the amounts of the contributions payable for the same operation by contributing third States pursuant to Article 12.

4.   The breakdown of contributions between the Member States from whom a contribution is required shall be determined in accordance with the gross national product scale as specified in Article 41(2) of the TEU and in accordance with the Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (3), or any other Council decision which may replace it.

5.   The data for the calculation of contributions shall be those set out in the ‘GNI own resources’ column in the ‘Summary of financing of the general budget by type of own resource and by Member State’ table appended to the latest general budget adopted by the Union. The contribution of each Member State from whom a contribution is due shall be proportional to the share of gross national income (GNI) of that Member State in the total GNI aggregate of the Member States from whom a contribution is due.

Article 25

Schedule for payment of contributions

1.   When the Council has adopted a reference amount for an EU military operation, the contributing Member States shall pay their contributions at the level of 30 % of the reference amount, unless the Council decides on a different percentage. The administrator shall call for contributions according to operational needs for the operation up to the agreed level.

2.   The Special Committee, on the basis of a proposal by the administrator, may decide that additional contributions will be called before the adoption of an amending budget for the operation. The Special Committee may decide to refer the matter to the competent preparatory bodies at the Council.

3.   When an amending budget has been adopted for a specific operation, the Member States shall pay the balance of the contributions which they owe for that operation in application of Article 24. However, when the operation is planned to last more than six months within a financial year, the balance of contributions shall be paid in two instalments. In such a case, the first instalment shall be paid within 60 days of the launching of the operation; the second instalment shall be paid by a deadline to be set by the Special Committee acting on a proposal from the administrator, taking into account operational needs. The Special Committee may depart from the provisions of this paragraph.

4.   The administrator shall send the corresponding calls for contributions by letter to the national administrations whose details have been communicated to him when:

(a)

a draft budget for a financial year is approved by the Special Committee provided for in Article 19. The first call for contributions covers the operational needs for eight months. The second call for contributions covers the remaining balance of contributions, taking into account the balance of the previous year budget outturn if the Special Committee decided to enter this balance in the current budget after the audit opinion has been received;

(b)	a reference amount has been adopted as provided for in Article 25(1); or

(c)	an amending budget is approved as provided for in Article 20.

5.   Without prejudice to the other provisions in this Decision, the contributions shall be paid within 30 days following despatch of the relevant call for contributions, with the exception of the first call for contributions for a new financial year’s budget, where the deadline for payment shall be 40 days following dispatch of the relevant call for contributions.

6.   Each contributing State shall pay the bank charges relating to the payment of its own contribution.

7.   The administrator shall acknowledge receipt of contributions.

Article 26

Early financing

1.   In the case of an EU military rapid response operation, contributions shall be due by contributing Member States at the level of the reference amount. Without prejudice to Article 25(3), payments shall be made as defined below.

2.   For the purpose of the early financing of EU military rapid response operations, the participating Member States shall either:

(a)	pay contributions to Athena in advance; or

(b)

when the Council decides to conduct an EU military rapid response operation to the financing of which they contribute, pay their contributions to the common costs of that operation within five days following despatch of the call at the level of the reference amount, unless the Council decides otherwise.

3.   For the purpose referred to above, the Special Committee, composed of one representative of each of the Member States contributing in advance, shall establish provisional appropriations in a specific title in the budget. These provisional appropriations shall be covered by contributions payable by the Member States contributing in advance within 90 days following despatch of the call for these contributions.

4.   Any provisional appropriations referred to in paragraph 3 which are used for an operation shall be replenished within 90 days following despatch of the call.

5.   Without prejudice to paragraph 1, any Member State contributing in advance may in specific circumstances authorise the administrator to use its contribution paid in advance to cover its contribution to an operation in which it participates, other than a rapid response operation. The contribution paid in advance shall be replenished by the Member State concerned within 90 days following despatch of the call.

6.   Where funds are required for an operation, other than a rapid response operation, before sufficient contributions to that operation have been received:

(a)

contributions paid in advance by Member States which contribute to financing that operation after approval by the Member States contributing in advance, may be used up to 75 % of their amount to cover contributions due to that operation. The contributions paid in advance shall be replenished by the Member States contributing in advance within 90 days following despatch of the call;

(b)	in the case referred to in point (a) of this paragraph, contributions due for the operation under Article 25(1) from Member States that had not contributed in advance shall be paid, after approval by the Member States concerned, within five days following despatch of the call by the administrator.

7.   Notwithstanding Article 32(3), the operation commander may commit and pay the amounts made available to him.

8.   Any Member State may reverse its option by notifying the administrator at least three months in advance.

9.   Interest earned on the early financing will be apportioned annually to the Member States contributing in advance and added to their provisional appropriations. The amounts will be notified to those Member States as part of the annual budgetary approval process.

Article 27

Reimbursement of pre-financing

1.   A Member State, a third State or, as appropriate, an international organisation which has been authorised by the Council to pre-finance a part of the common costs of an operation may obtain reimbursement from Athena by making a request accompanied by the necessary supporting documents and addressed to the administrator at the latest two months after the date of completion of the operation concerned.

2.   No request for reimbursement may be honoured if it has not been approved by the operation commander, if still in office, and by the administrator.

3.   If a request for reimbursement presented by a contributing State is approved, it may be deducted from the next call for contributions addressed to that State by the administrator.

4.   If no call for contributions is anticipated when the request is approved, or if the approved request for reimbursement would exceed the anticipated contribution, the administrator shall make payment of the amount to be reimbursed within 30 days, taking account of Athena’s cash flow and of what is needed to finance the common costs of the operation concerned.

5.   Reimbursement shall be due in accordance with this Decision even if the operation is cancelled.

6.   Reimbursement shall include interest earned on the amount made available through pre-financing.

Article 28

Management by Athena of expenditure not included in common costs

1.   The Special Committee, on the basis of a proposal by the administrator, with the assistance of the operation commander, or by a Member State, may decide that the administrative management of certain expenditure in relation to an operation (‘nation borne costs’), while remaining the responsibility of the Member State which it concerns, shall be entrusted to Athena.

2.   The Special Committee, in its decision, may authorise the operation commander to enter into contracts on behalf of the Member States participating in an operation and, where appropriate, third parties, for the acquisition of the services and supplies to be financed as nation borne costs.

3.   The Special Committee, in its decision, shall lay down the modalities for the pre-financing of nation borne costs.

4.   Athena shall keep accounts of the nation borne costs entrusted to it and incurred by each Member State and, where appropriate, third parties. Each month it shall send each Member State and, where appropriate, those third parties, a statement of the expenditure borne by it and incurred by it or by its staff during the preceding month, and shall call for the necessary funds to pay for this expenditure. The Member States and, where appropriate, those third parties, shall pay Athena the funds required within 30 days following despatch of the call for funds.

Article 29

Interest on late payment

1.   If a State does not fulfil its financial obligations, the Union rules on interest on late payment determined by Article 71 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4) in relation to the payment of contributions to the EU budget shall be applicable by analogy.

2.   When payment is late by no more than 10 days, no interest shall be charged. When payment is late by more than 10 days, interests shall be charged for the entire delay.

CHAPTER 8

IMPLEMENTATION OF EXPENDITURE

Article 30

Principles

1.   Athena’s appropriations shall be used in accordance with the principles of sound financial management, i.e. economy, effectiveness and efficiency.

2.   Authorising officers shall be responsible for implementing Athena’s revenue and expenditure in accordance with the principles of sound financial management and for ensuring that the requirements of legality and regularity are complied with. To implement expenditure, the authorising officers shall make budgetary commitments and legal commitments, shall validate expenditure and authorise payments and shall undertake the preliminaries for the implementation of appropriations. An authorising officer may delegate his duties by a decision determining:

(a)	staff at an appropriate level for such delegation;

(b)	the extent of the conferred powers;

(c)	the scope for beneficiaries to subdelegate their powers.

3.   The implementation of appropriations according to the principle of the segregation of the authorising officer and the accounting officer shall be ensured. The duties of authorising officer and accounting officer shall be mutually incompatible. Any payment made from funds administered by Athena shall require the joint signature of an authorising officer and an accounting officer.

4.   Without prejudice to this Decision, when the implementation of common expenditure is entrusted to a Member State, a Union institution or, as appropriate, an international organisation, that State, institution or organisation shall apply the rules applicable to the implementation of its own expenditure. When the administrator implements expenditure directly, it shall comply with the rules applicable to the implementation of the ‘Council’ section of the general budget of the European Union.

5.   However, the administrator may provide the Presidency with elements for proposal to the Council or the Special Committee on rules for the implementation of common expenditure.

6.   The Special Committee may approve rules for the implementation of common expenditure which depart from paragraph 4.

Article 31

Common costs incurred in preparation for, or further to, operations, or not linked directly to a specific operation

The administrator shall perform the duties of authorising officer for expenditure covering the common costs incurred in preparation for, or further to, operations, as well as common costs which cannot be linked directly to a specific operation.

Article 32

Operational common costs

1.   The operation commander shall carry out the duties of authorising officer for expenditure covering the operational common costs of the operation he commands. However, the administrator shall carry out the duties of authorising officer for expenditure covering the operational common costs incurred during the preparatory phase of a specific operation, which are implemented directly by Athena, or related to the operation after the end of its active phase.

2.   The sums required for the implementation of expenditure on an operation shall be transferred by the administrator from Athena’s bank account to the operation commander, upon his request, into the bank account opened on behalf of Athena, of which the operation commander has provided the details.

3.   By way of derogation from Article 18(5), the adoption of a reference amount shall activate the right of the administrator and the operation commander, each in his area of competence, to commit and pay expenses for the operation concerned up to the percentage of the reference amount approved as provided for in Article 25(1), unless the Council decides on a higher level for commitments.

The Special Committee, on the basis of a proposal from the administrator or the operation commander and taking into account the operational necessity and urgency, may decide that additional expenditure may be committed and, as appropriate, paid. The Special Committee may decide to refer the question to the competent preparatory bodies at the Council through the Presidency unless operational circumstances dictate otherwise. This derogation shall not be applied as from the date of adoption of a budget for the operation concerned.

4.   During the period prior to the adoption of a budget for an operation, the administrator and the operation commander or his representative shall report to the Special Committee every month, each reporting on the matters concerning him, as regards the expenses which are eligible as common costs for that operation. The Special Committee, on the basis of a proposal by the administrator, the operation commander or a Member State, may issue directives on the implementation of expenditure during that period.

5.   By way of derogation from Article 18(5), in the case of imminent danger to the lives of personnel involved in an EU military operation, the operation commander for that operation may implement the necessary expenditure to save the lives of those personnel, in excess of the appropriations entered in the budget. He shall inform the administrator and the Special Committee as soon as possible. In such a case, the administrator shall, liaising with the operation commander, propose the transfers needed to finance this unexpected expenditure. If it is not possible to ensure sufficient funding for such expenditure by means of a transfer, the administrator shall propose an amending budget.

CHAPTER 9

FINAL DESTINATION OF EQUIPMENT AND INFRASTRUCTURE FINANCED IN COMMON

Article 33

Equipment and infrastructure

1.   With a view to winding up the operation which he has commanded, the operation commander shall propose a final destination for the equipment and infrastructure financed in common for that operation. He shall propose to the Special Committee the relevant rate of depreciation as necessary.

2.   The administrator shall manage the equipment and infrastructure remaining after the end of the active phase of the operation, with a view if necessary to finding its final destination. He shall propose to the Special Committee the relevant rate of depreciation as necessary.

3.   The depreciation rate for equipment, infrastructure and other assets shall be approved by the Special Committee at the earliest time possible.

4.   The final destination of equipment and infrastructure financed in common shall be approved by the Special Committee, taking into account operational needs and financial criteria. The final destination may be as follows:

(a)	in the case of infrastructure, be sold or transferred through Athena to the host country, a Member State or a third party;

(b)	in the case of equipment, be sold through Athena to a Member State, the host country or a third party, or be stored and maintained by Athena, a Member State or such a third party, for use in a subsequent operation.

5.   When sold, equipment and infrastructure shall be sold for their market value, or, where no market value can be determined, for a fair and reasonable price taking into account specific local conditions.

6.   Sale or transfer to the host country or a third party shall be in accordance with the relevant security rules in force.

7.   When it is decided that Athena shall retain equipment financed in common for an operation, the contributing Member States may ask for financial compensation from the other participating Member States. The Special Committee, composed of the representatives of all the participating Member States, shall take the appropriate decisions on the basis of a proposal from the administrator.

CHAPTER 10

ACCOUNTING AND INVENTORY

Article 34

Accounting for operational common costs

The operation commander shall keep accounts of transfers received from Athena, of expenditure he has committed and of payments made and of revenue received, as well as an inventory of the movable property financed by the Athena budget and used for the operation which he commands.

Article 35

Consolidated accounts

1.   The accounting officer shall keep the accounts of contributions called for and transfers made. He shall also draw up the accounts for the common costs incurred in preparation for, or further to, operations, and for operational expenditure and revenue implemented under the direct responsibility of the administrator.

2.   The accounting officer shall draw up the consolidated accounts for Athena’s revenue and expenditure. Each operation commander shall send him the accounts for the expenditure he has committed and the payments he has made, and of revenue received.

CHAPTER 11

AUDIT AND PRESENTATION OF ACCOUNTS

Article 36

Regular reports to the Special Committee

Every three months, the administrator shall present to the Special Committee a report on the implementation of revenue and expenditure since the beginning of the financial year. To this end, every operation commander shall provide the administrator with a report on expenditure relating to the operational common costs of the operation which he commands.

Article 37

Conditions for the exercise of controls

1.   The persons responsible for auditing Athena’s revenue and expenditure shall, before carrying out their task, have received clearance for access to classified information up to at least ‘Secret UE’ level held by the Council, or equivalent clearance from a Member State or NATO, as appropriate. Those persons shall ensure that they respect the confidentiality of the information and protect the data of which they acquire knowledge during their audit task, in accordance with the rules applicable to that information and those data.

2.   The persons responsible for auditing Athena’s revenue and expenditure shall have access without delay and without giving prior notice to the documents and to the contents of all data supports relating to that revenue and expenditure, and to the premises where those documents and supports are kept. They may make copies. The persons involved in implementing Athena’s revenue and expenditure shall give the administrator and the persons responsible for the audit of that revenue and expenditure the necessary assistance in performing their task.

Article 38

External auditing of the accounts

1.   When the implementation of Athena’s expenditure has been entrusted to a Member State, a Union institution or an international organisation, that State, institution or organisation shall apply the rules which apply to the auditing of its own expenditure.

2.   However, the administrator or persons appointed by him may at any time carry out an audit of the common costs of Athena incurred in preparation for, or further to, operations, or the operational common costs of an operation. Furthermore, the Special Committee, on the basis of a proposal by the administrator or a Member State, may at any time appoint external auditors, whose tasks and conditions of employment it shall determine.

3.   With a view to external audits, a six-member College of Auditors shall be established. The Special Committee shall appoint members for a three-year period, renewable once, from candidates proposed by the Member States. The Special Committee may extend a member’s mandate by up to six months.

The candidates must be members of the highest national audit body of a Member State, or recommended by that body, and offer adequate guarantees of security and independence. They must be available to carry out tasks on behalf of Athena as needed. In carrying out these tasks:

(a)	the members of the College shall continue to be paid by their audit body of origin; Athena shall bear their mission expenses in accordance with the rules applicable to officials of the European Union of an equivalent grade;

(b)	the members shall neither request nor receive instructions other than from the Special Committee; within its audit mandate the College of Auditors and its members shall be completely independent and solely responsible for the conduct of the external audit;

(c)	the members shall only report on their task to the Special Committee;

(d)

the members shall check during the financial year as well as ex post, through controls on the spot as well as on supporting documents, that expenditure financed or pre-financed through Athena is implemented in accordance with the legislation applicable and the principles of sound financial management, i.e. economy, effectiveness and efficiency, and that internal controls are adequate.

Each year, the College of Auditors shall elect its chairman from amongst its members or extend his term of office. It shall adopt the rules applicable to audits carried out by its members in accordance with the highest international standards. The College of Auditors shall approve the audit reports drawn up by its members before their transmission to the administrator and to the Special Committee.

4.   The Special Committee may decide on a case-by-case basis and upon specific motivations to use other external bodies.

5.   The cost of the audits carried out by auditors acting on behalf of Athena shall be considered as a common cost to be borne by Athena.

Article 39

Internal auditing of the accounts

1.   On the basis of a proposal by the administrator and after informing the Special Committee, the Secretary-General of the Council shall appoint an internal auditor of the Athena mechanism, and at least one deputy internal auditor, for a period of three years, renewable once; internal auditors must have the necessary professional qualifications and offer sufficient guarantees of security and independence. The internal auditor may not be either an authorising officer or accounting officer; he may not take part in the preparation of financial statements.

2.   The internal auditor shall report to the administrator on dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the internal audit in operations and promoting sound financial management. He shall be responsible in particular for assessing the suitability and effectiveness of internal management systems and the performance of departments in implementing policies and reaching objectives by reference to the risks associated with them.

3.   The internal auditor shall perform his duties on all departments involved in the collection of Athena’s revenue or the implementation of expenditure financed through Athena.

4.   The internal auditor shall perform one or more audits during the financial year as appropriate. He shall report to the administrator and inform the operation commander of his findings and recommendations. The operation commander and the administrator shall ensure that action is taken on recommendations resulting from the audits.

5.   The administrator shall submit a report each year to the Special Committee on the internal audit work done, indicating the number and type of internal audits carried out, observations made, recommendations put forward and how those recommendations were followed up.

6.   Furthermore, each operation commander shall give the internal auditor full access to the operation which he commands. The internal auditor shall check that the financial and budgetary systems and procedures function correctly, and shall ensure that robust and effective internal audit systems are in operation.

7.   The proceedings and reports of the internal auditor shall be made available to the College of Auditors along with all supporting documents relating thereto.

Article 40

Annual presentation and closure of accounts

1.   Each operation commander shall provide Athena’s accounting officer by 31 March following the end of the financial year, or within four months following the end of the operation which he commands, whichever is the earlier, with the necessary information to establish the annual accounts for common costs, the annual accounts for expenditure pre-financed and reimbursed pursuant to Article 28 and the annual activity report.

2.   The administrator, with the assistance of the accounting officer and each operation commander, shall establish and provide to the Special Committee and the College of Auditors, by 15 May following the end of the financial year, the financial statements and the annual activity report.

3.   The Special Committee shall be provided, within eight weeks of the transmission of the financial statements, by the College of Auditors with an audit opinion and, by the administrator, assisted by the accounting officer and each operation commander, with Athena’s audited financial statements.

4.   The Special Committee shall be provided, by 30 September following the end of the financial year, with the audit report by the College of Auditors, and shall examine the audit report, the audit opinion and the financial statements with a view to granting a discharge to the administrator, the accounting officer and each operation commander.

5.   All accounts and inventories shall be retained, each at his level, by the accounting officer and each operation commander for a period of five years from the date on which the corresponding discharge was granted. When an operation is terminated, the operation commander shall ensure transmission of all accounts and inventories to the accounting officer.

6.   The Special Committee shall decide to enter the balance of the budget outturn for a financial year for which the accounts have been approved in the budget for the following financial year, as revenue or expenditure depending on the circumstances, by means of an amending budget. The Special Committee may, however, decide to enter the balance of the abovementioned budget outturn after having received the audit opinion from the College of Auditors.

7.   The part of the balance of the budget outturn for a financial year which comes from the implementation of appropriations intended to cover common costs incurred in preparation for, or further to, operations, shall be entered against the next contributions from participating Member States.

8.   The part of the balance of the budget outturn which comes from the implementation of appropriations intended to cover the operational common costs of a given operation shall be entered against the next contributions from the Member States which have contributed to that operation.

9.   If reimbursement cannot be done by deduction from the contributions due to Athena, the balance of the budget outturn shall be repaid to the Member States concerned according to the GNI key of the year of reimbursement.

10.   Each Member State participating in an operation may provide information by 31 March each year to the administrator, where appropriate through the operation commander, on the incremental costs it has incurred for the operation during the previous financial year. This information shall be broken down to show the main items of expenditure. The administrator shall compile this information in order to provide the Special Committee with an overview of the incremental costs of the operation.

Article 41

Closure of the accounts of an operation

1.   When an operation is complete, the Special Committee may decide, on the basis of a proposal by the administrator or by a Member State, that the administrator, with the assistance of the accounting officer and of the operation commander, shall submit to the Special Committee the financial statements for that operation, at least up to the date on which it was completed, and, if possible, up to the date on which it was wound up. The deadline imposed on the administrator may not be less than four months from the date on which the operation was completed.

2.   If the financial statements cannot, within the given deadline, include the revenue and expenditure connected with the winding up of that operation, that revenue and expenditure shall appear in the financial statements for Athena and shall be examined by the Special Committee in the context of the procedure foreseen in Article 40.

3.   The Special Committee shall, based on an opinion of the College of Auditors, approve the financial statements for the operation which have been submitted to it. It shall grant a discharge to the administrator, the accounting officer and each operation commander for the operation in question.

4.   If reimbursement cannot be done by deduction from the contributions due to Athena, the balance of the budget outturn shall be repaid to the Member States concerned according to the GNI key of the year of reimbursement.

CHAPTER 12

MISCELLANEOUS PROVISIONS

Article 42

Liability

1.   The conditions governing the disciplinary or criminal liability of the operation commander, the administrator and other staff made available in particular by the Union institutions or Member States, in the event of misconduct or negligence in the implementation of the budget shall be governed by the staff regulations or the arrangements applicable to them. In addition, Athena may at its own initiative or at the request of a contributing State bring a civil action against the abovementioned staff.

2.   In no case may the Union or the Secretary-General of the Council be held liable by a contributing State as a result of the performance of their duties by the administrator, the accounting officer or the staff assigned to them.

3.   The contractual liability which may arise from contracts concluded in the context of implementation of the budget shall be covered through Athena by the contributing States. It shall be governed by the law applicable to the contracts in question.

4.   In the case of non-contractual liability, any damage caused by the operation headquarters, force headquarters and component headquarters of the crisis structure, the composition of which shall be approved by the operation commander, or by their staff in the course of their duties shall be covered through Athena by the contributing States, in accordance with the general principles common to the laws of the Member States and the staff regulations of the forces, applicable in the theatre of operations.

5.   In no case may the Union or the Member States be held liable by a contributing State for contracts concluded in the framework of budget implementation or for damage caused by the units and departments of the crisis structure, the composition of which shall be approved by the operation commander, or by their staff in the course of their duties.

Article 43

Review and revision

All or part of the present Decision, including its Annexes, shall be reviewed, if necessary, at the request of a Member State or following each operation. It shall be revised at least every three years. In the course of review or revision, all experts relevant to the proceedings, including in Athena’s management bodies, may be called upon.

Article 44

Final provisions

Decision 2008/975/CFSP is hereby repealed.

Article 45

Entry into force

This Decision shall enter into force on the date of its adoption.

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(1)  OJ L 63, 28.2.2004, p. 68.

(2)  OJ L 345, 23.12.2008, p. 96.

(3)  OJ L 163, 23.6.2007, p. 17.

(4)  OJ L 248, 16.9.2002, p. 1.

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23.12.2011

EN

Official Journal of the European Union

L 343/54

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COUNCIL DECISION 2011/872/CFSP

of 22 December 2011

updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/430/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1)	On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

(2)	On 18 July 2011, the Council adopted Decision 2011/430/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

(3)	In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2011/430/CFSP applies.

(4)	This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP applies.

(5)

The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

(6)	The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2011/430/CFSP should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply shall be that set out in the Annex to this Decision.

Article 2

Decision 2011/430/CFSP is hereby repealed.

Article 3

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

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(1)  OJ L 344, 28.12.2001, p. 93.

(2)  OJ L 188, 19.7.2011, p. 47.

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23.12.2011

EN

Official Journal of the European Union

L 343/57

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COMMISSION IMPLEMENTING DECISION

of 14 December 2011

on the determination of quantities and the allocation of quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2012

(notified under document C(2011) 9196)

(Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic)

(2011/873/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular to Articles 10(2) and 16 thereof,

Whereas:

(1)	The release for free circulation in the Union of imported controlled substances is subject to quantitative limits as set out in Article 16 of Regulation (EC) No 1005/2009.

(2)	Furthermore, the Commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the companies that may use them.

(3)

The determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in Article 10(6) are respected, applying Commission Regulation (EU) No 537/2011 of 1 June 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (2). As those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation.

(4)

The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2012 and undertakings intending to request for 2012 a quota for these substances intended for laboratory and analytical uses (2011/C 75/05) (3), and has thereby received declarations on intended imports in 2012.

(5)	The quantitative limits and quotas should be determined for the period 1 January to 31 December 2012, in line with the annual reporting cycle under the Montreal Protocol on Substances that Deplete the Ozone Layer.

(6)	The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

HAS ADOPTED THIS DECISION:

Article 1

Quantities for release for free circulation

1.   The quantity of controlled substances of group I (chlorofluorocarbons 11, 12, 113, 114 and 115) and group II (other fully halogenated chlorofluorocarbons) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 11 185 000 ozone depleting potential (ODP) kilograms.

2.   The quantity of controlled substances of group III (halons) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 15 761 510 ODP kilograms.

3.   The quantity of controlled substances of group IV (carbon tetrachloride) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 8 800 220 ODP kilograms.

4.   The quantity of controlled substances of group V (1,1,1-trichloroethane) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 1 000 015 ODP kilograms.

5.   The quantity of controlled substances of group VI (methyl bromide) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 889 320 ODP kilograms.

6.   The quantity of controlled substances of group VII (hydrobromofluorocarbons) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 1 065,8 ODP kilograms.

7.   The quantity of controlled substances of group VIII (hydrochlorofluorocarbons) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 4 581 681,8 ODP kilograms.

8.   The quantity of controlled substances of group IX (bromochloromethane) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 294 012 ODP kilograms.

Article 2

Allocation of quotas for release for free circulation

1.   The allocation of quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex I.

2.   The allocation of quotas for halons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex II.

3.   The allocation of quotas for carbon tetrachloride during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex III.

4.   The allocation of quotas for 1,1,1-trichloroethane during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex IV.

5.   The allocation of quotas for methyl bromide during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex V.

6.   The allocation of quotas for hydrobromofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VI.

7.   The allocation of quotas for hydrochlorofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VII.

8.   The allocation of quotas for bromochloromethane during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VIII.

9.   The individual quotas for undertakings shall be as set out in Annex IX.

Article 3

Quotas for laboratory and analytical uses

The quotas for importing and producing controlled substances for laboratory and analytical uses in the year 2012 shall be allocated to the undertakings listed in Annex X.

The maximum quantities that may be produced or imported in 2012 for laboratory and analytical uses allocated to these undertakings are set out in Annex XI.

Article 4

Period of validity

This Decision shall apply from 1 January 2012 and shall expire on 31 December 2012.

Article 5

Addressees

This Decision is addressed to the following undertakings:

ABCR Dr Braunagel GmbH & Co. (DE) Im Schlehert 10 76187 Karlsruhe Germany

Aesica Queenborough Ltd North Street Queenborough Kent ME11 5EL United Kingdom

Airbus Operations SAS Route de Bayonne 316 31300 Toulouse France

Albany Molecular Research (UK) Ltd Mostyn Road Holywell Flintshire CH8 9DN United Kingdom

Albemarle Europe SPRL Parc Scientifique Einstein Rue du Bosquet 9 1348 Louvain-la-Neuve Belgium

ALFA Agricultural Supplies SA 73, Ethnikis Antistasseos Str, 152 31 Chalandri, Athens Greece

Arkema France SA 420, rue d’Estienne D’Orves 92705 Colombes Cedex France

Arkema Quimica SA Avenida de Burgos 12 28036 Madrid Spain

Ateliers Bigata SAS 10, rue Jean Baptiste Perrin, 33320 Eysines Cedex France

BASF Agri Production SAS 32 rue de Verdun 76410 Saint-Aubin lès Elbeuf France

Bayer Crop Science AG Gebäude A729 41538 Dormagen Germany

Dow Deutschland Anlagengesellschaft mbH Bützflether Sand 21683 Stade Germany

DuPont de Nemours (Nederland) BV Baanhoekweg 22 3313 LA Dordrecht Netherlands

Dyneon GmbH Werk Gendorf Industrieperkstrasse 1 84508 Burgkirchen Germany

Eras Labo 222 D1090 38330 Saint Nazaire les Eymes France

Eusebi Impianti SRL Via Mario Natalucci 6 60131 Ancona Italy

Eusebi Service SRL Via Vincenzo Pirani 4 60131 Ancona Italy

Fire Fighting Enterprises Ltd 9 Hunting Gate, Hitchin SG4 0TJ United Kingdom

Fujifilm Electronic Materials (Europe) NV Keetberglaan 1A Haven 1061 2070 Zwijndrecht Belgium

Halon & Refrigerants Services Ltd J. Reid Trading Estate Factory Road, Sandycroft Deeside, Flintshire CH5 2QJ United Kingdom

Harp International Ltd Gellihirion Industrial Estate Rhondda, Cynon Taff Pontypridd CF37 5SX United Kingdom

Honeywell Fluorine Products Europe B.V. Laarderhoogtweg 18 1101 EA Amsterdam Netherlands

Honeywell Specialty Chemicals GmbH Wunstorfer Strasse 40 Postfach 100262 30918 Seelze Germany

Hovione Farmaciencia SA Sete Casas 2674-506 Loures Portugal

ICL-IP Europe B.V. Fosfaatweeg 48 1013 BM Amsterdam Netherlands

Laboratorios Miret SA Geminis 4, 08228 Terrassa, Barcelona Spain

LGC Standards GmbH Mercatorstr. 51 46485 Wesel Germany

LPG Tecnicas en Extinción de Incendios SL C/Mestre Joan Corrales 107-109 08950 Esplugas de Llobregat, Barcelona Spain

Mebrom NV Assenedestraat 4 9940 Rieme Ertvelde Belgium

Merck KgaA Frankfurter Strasse 250 64271 Darmstadt Germany

Mexichem UK Ltd PO Box 13 The Heath Runcorn Cheshire WA7 4QX United Kingdom

Ministry of Defence Defence Fuel Lubricants and Chemicals PO Box 10.000 1780 CA Den Helder Netherlands

Panreac Quimica S.L.U. Pol. Ind. Pla de la Bruguera, C/Garraf 2 08211 Castellar del Vallès-Barcelona Spain

Poż-Pliszka Sp. z o.o. ul. Szczecińska 45 80-392 Gdańsk Poland

R.P. Chem SRL Via San Michele 47 31062 Casale sul Sile (TV) Italy

Safety Hi-Tech SRL Via Cavour 96 67051 Avezzano (AQ) Italy

Savi Technologie Sp. z o.o. Ul. Wolnosci 20 Psary 51-180 Wroclaw Poland

Sicor SRL Via Terazzano 77 20017 Rho Italy

Sigma Aldrich Chemie GmbH Riedstrasse 2 89555 Steinheim Germany

Sigma Aldrich Chimie SARL 80, rue de Luzais L’isle d’abeau Chesnes 38297 St Quentin Fallavier France

Sigma Aldrich Company Ltd The Old Brickyard, New Road Gillingham SP8 4XT United Kingdom

Solvay Fluor GmbH Hans-Böckler-Allee 20 30173 Hannover Germany

Solvay Fluores France 25 rue de Clichy 75442 Paris France

Solvay Specialty Polymers France SAS Avenue de la Republique 39501 Tavaux Cedex France

Solvay Solexis SpA Viale Lombardia 20 20021 Bollate (MI) Italy

Sterling SRL Via della Carboneria 30 06073 Solomeo di Corciano (PG) Italy

Syngenta Crop Protection Surrey Research Park 30 Priestly Road Guildford Surrey GU2 7YH United Kingdom

Tazzetti SpA Corso Europa n. 600/a 10070 Volpiano (TO) Italy

TEGA Technische Gase und Gastechnik GmbH Werner-von-Siemens-Strasse 18 97076 Würzburg Germany

Thomas Swan & Co. Ltd Rotary Way Consett County Durham DH8 7ND United Kingdom

Total Feuerschutz GmbH Industriestr 13 68526 Ladenburg Germany

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(1)  OJ L 286, 31.10.2009, p. 1.

(2)  OJ L 147, 2.6.2011, p. 4.

(3)  OJ C 75, 9.3.2011, p. 4.

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