ISSN 1977-0677
Official Journal
of the European Union
L 40
English edition
Legislation
Volume 59
17 February 2016
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 40 |
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English edition |
Legislation |
Volume 59 |
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Contents |
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Commission Regulation (EU) 2016/217 of 16 February 2016 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards cadmium ( 1 ) |
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DECISIONS |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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17.2.2016 |
EN |
Official Journal of the European Union |
L 40/1 |
COUNCIL REGULATION (EU) 2016/214
of 15 February 2016
amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
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(1) |
On 15 February 2016, the Council adopted Decision (CFSP) 2016/220 (1) maintaining seven persons and one entity in Annex I and five persons in Annex II to Decision 2011/101/CFSP (2). |
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(2) |
Council Regulation (EC) No 314/2004 (3) implements several measures provided for by Council Decision 2011/101/CFSP, including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies. |
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(3) |
On 16 February 2016, Commission Implementing Regulation (EU) 2016/218 (4) maintained seven persons and one entity in Annex III to Regulation (EC) No 314/2004. |
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(4) |
Annex IV to Council Regulation (EC) No 314/2004 should be amended accordingly. |
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(5) |
In order to ensure that the measures provided for by this Regulation are effective, this Regulation must enter into force on the day following that of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IV to Regulation (EC) No 314/2004 is replaced by the text appearing in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 February 2016.
For the Council
The President
F. MOGHERINI
(1) Council Regulation (CFSP) 2016/220 of 15 February 2016 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (see page 11 of this Official Journal).
(2) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
(3) Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (OJ L 55, 24.2.2004, p. 1).
(4) Commission Implementing Regulation (EU) 2016/218 of 16 February 2016 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (see page 7 of this Official Journal).
ANNEX
‘ANNEX IV
List of persons referred to in Article 6(4)
Persons
Name (and any aliases)
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1. |
Bonyongwe, Happyton Mabhuya |
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2. |
Chihuri, Augustine |
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3. |
Chiwenga, Constantine |
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4. |
Shiri, Perence (a.k.a. Bigboy) Samson Chikerema |
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5. |
Sibanda, Phillip Valerio (a.k.a. Valentine)’ |
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17.2.2016 |
EN |
Official Journal of the European Union |
L 40/3 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/215
of 1 February 2016
entering a name in the register of protected designations of origin and protected geographical indications (Aydın İnciri (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
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(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Turkey's application to register the name ‘Aydın İnciri’ was published in the Official Journal of the European Union (2). |
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(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Aydın İnciri’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Aydın İnciri’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 February 2016.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 299, 11.9.2015, p. 29.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
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17.2.2016 |
EN |
Official Journal of the European Union |
L 40/4 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/216
of 5 February 2016
entering a name in the register of protected designations of origin and protected geographical indications (Brabantse Wal asperges (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
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(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the Netherlands' application to register the name ‘Brabantse Wal asperges’ was published in the Official Journal of the European Union (2). |
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(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Brabantse Wal asperges’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Brabantse Wal asperges’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2016.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 329, 6.10.2015, p. 17.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
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17.2.2016 |
EN |
Official Journal of the European Union |
L 40/5 |
COMMISSION REGULATION (EU) 2016/217
of 16 February 2016
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards cadmium
(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 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 68(1) thereof,
Whereas:
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(1) |
Entry 23 of Annex XVII to Regulation (EC) No 1907/2006 prohibits the use of cadmium and cadmium compounds in paints with codes [3208] [3209], with a derogation for zinc-based paints. However, this restriction does not apply to the placing on the market of paints containing cadmium. |
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(2) |
In November 2012, the Commission requested the European Chemical Agency (‘the Agency’) to prepare an Annex XV dossier with a view to extending the existing restriction to the placing on the market of such paints containing cadmium over a certain concentration. |
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(3) |
On 9 September 2014, the Agency's Committee for Risk Assessment (RAC) adopted by consensus an opinion concluding that such modification of the existing entry would facilitate enforcement and confirming that no additional assessment of the risks presented by cadmium in paints is necessary. |
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(4) |
On 25 November 2014, the Agency's Committee for Socio-Economic Analysis (SEAC) adopted by consensus an opinion indicating that the proposed amendment of the existing restriction is proportionate as it would not impose additional compliance costs on manufacturers, importers or consumers, but would improve the enforceability of the restriction. |
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(5) |
It is easier for enforcement authorities to monitor and control placing on the market than use. Moreover the introduction of a concentration limit clarifies that the unintended presence of cadmium in paints as an impurity below that limit will not result in contravention of the restriction. |
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(6) |
The Forum for Exchange of Information on Enforcement was consulted and its recommendations were taken into account. |
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(7) |
Regulation (EC) No 1907/2006 should therefore be amended accordingly. |
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(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex XVII to Regulation (EC) No 1907/2006 is amended in accordance with the Annex to this Regulation.
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2016.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 396, 30.12.2006, p. 1.
ANNEX
In column 2 of entry 23 of Annex XVII to Regulation (EC) No 1907/2006, paragraph 2 is replaced by the following:
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‘Cadmium CAS No 7440-43-9 EC No 231-152-8 and its compounds |
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17.2.2016 |
EN |
Official Journal of the European Union |
L 40/7 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/218
of 16 February 2016
amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,
Whereas:
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(1) |
Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation. |
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(2) |
Council Decision 2011/101/CFSP (2) identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision, and Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required. |
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(3) |
On 15 February 2016, the Council decided to keep seven persons and one entity in the Annex to Decision 2011/101/CFSP listing the persons and entities to whom the restrictions should apply. |
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(4) |
Annex III to Regulation (EC) No 314/2004 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 314/2004 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2016.
For the Commission,
On behalf of the President,
Head of the Service for Foreign Policy Instruments
(2) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
ANNEX
‘ANNEX III
List of persons and entities referred to in Article 6
I. Persons
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Name (and any aliases) |
Identifying information |
Grounds for designation |
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President, born 21.2.1924; Passport AD001095 |
Head of Government and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law. |
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Born 23.7.1965; Passport AD001159. ID 63-646650Q70 |
Associated with the ZANU-PF faction of the government. Took over the Iron Mask Estate in 2002; alleged to illicitly derive large profits from diamond mining. |
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Director-General Central Intelligence Organisation, born 6.11.1960; Passport: AD002214; ID: 63-374707A13 |
Senior security figure with a close association with the ZANU-PF (Zimbabwe African National Union — Patriotic Front) faction of the government and complicit in forming or directing repressive state policy. Accused of being responsible for kidnapping, torturing and killing MDC activists in June 2008. |
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Police Commissioner, born 10.3.1953. Passport AD000206. ID 68-034196M68 |
Senior police officer and member of the Joint Operational Command, closely associated with the repressive policies of ZANU-PF. Publically confessed to support ZANU-PF in contravention of the Police Act. In June 2009 ordered the police to drop all cases related to murders committed to the run-up to the June 2008 Presidential election. |
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Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956. Passport AD000263. ID 63-327568M80 |
Member of Joint Operational Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During 2008 elections was a prime architect of the violence associated with the process of the Presidential run-off. |
||
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Air Marshal (Air Force), born 1.11.1955. ID 29-098876M18 |
Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence, including during the 2008 election in Mashonaland West in Chiadzwa. |
||
|
Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956 or 24.12.1954. ID 63-357671H26 |
Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy. |
II. Entities
|
Name |
Identifying information |
Grounds for designation |
|
Zimbabwe Defence Industries |
10th floor, Trustee House, 55 Samora Machel Avenue, PO Box 6597, Harare, Zimbabwe |
Associated with the Ministry of Defence and the ZANU-PF faction of Government.’ |
|
17.2.2016 |
EN |
Official Journal of the European Union |
L 40/9 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/219
of 16 February 2016
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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (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:
|
(1) |
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. |
|
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
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 to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2016.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
EG |
86,9 |
|
IL |
283,6 |
|
|
MA |
89,9 |
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|
TR |
112,8 |
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ZZ |
143,3 |
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0707 00 05 |
MA |
84,1 |
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TR |
181,9 |
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ZZ |
133,0 |
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0709 93 10 |
MA |
39,7 |
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TR |
160,6 |
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ZZ |
100,2 |
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0805 10 20 |
BR |
63,2 |
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CL |
98,4 |
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EG |
47,2 |
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IL |
124,5 |
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MA |
59,9 |
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TN |
49,8 |
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TR |
60,1 |
|
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ZZ |
71,9 |
|
|
0805 20 10 |
IL |
128,7 |
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MA |
90,2 |
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TR |
84,6 |
|
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ZZ |
101,2 |
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0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
EG |
65,3 |
|
IL |
139,6 |
|
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MA |
115,4 |
|
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TR |
67,8 |
|
|
ZZ |
97,0 |
|
|
0805 50 10 |
IL |
106,9 |
|
MA |
89,2 |
|
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TR |
97,2 |
|
|
ZZ |
97,8 |
|
|
0808 10 80 |
CL |
92,6 |
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US |
107,4 |
|
|
ZZ |
100,0 |
|
|
0808 30 90 |
CL |
182,0 |
|
CN |
89,3 |
|
|
ZA |
108,1 |
|
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ZZ |
126,5 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
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17.2.2016 |
EN |
Official Journal of the European Union |
L 40/11 |
COUNCIL DECISION (CFSP) 2016/220
of 15 February 2016
amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1). |
|
(2) |
The Council has carried out a review of Decision 2011/101/CFSP, taking into account political developments in Zimbabwe. |
|
(3) |
The restrictive measures should be extended until 20 February 2017. |
|
(4) |
The restrictive measures should be maintained for seven persons and one entity set out in Annex I to Decision 2011/101/CFSP. The suspension of the restrictive measures should be renewed for the five persons listed in Annex II to Decision 2011/101/CFSP. |
|
(5) |
Decision 2011/101/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2011/101/CFSP is amended as follows:
|
(1) |
Article 10 is replaced by the following: ‘Article 10 1. This Decision shall enter into force on the date of its adoption. 2. This Decision shall apply until 20 February 2017. 3. The measures referred to in Article 4(1) and Article 5(1) and (2), in so far as they apply to persons listed in Annex II, shall be suspended until 20 February 2017. The suspension shall be reviewed every three months. 4. This Decision shall be kept under constant review and shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’. |
|
(2) |
Annex I is replaced by the text appearing in Annex I to this Decision. |
|
(3) |
Annex II is replaced by the text appearing in Annex II to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 15 February 2016.
For the Council
The President
F. MOGHERINI
(1) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
ANNEX I
‘ANNEX I
PERSONS AND ENTITIES REFERRED TO IN ARTICLES 4 AND 5
I. Persons
|
|
Name (and any aliases) |
Identifying information |
Grounds for designation |
|
1. |
Mugabe, Robert Gabriel |
President, born 21.2.1924 Passport AD001095 |
Head of Government and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law. |
|
2. |
Mugabe, Grace |
Born 23.7.1965 Passport AD001159 ID 63-646650Q70 |
Associated with the ZANU-PF (Zimbabwe African National Union — Patriotic Front) faction of the government. Took over the Iron Mask Estate in 2002; alleged to illicitly derive large profits from diamond mining. |
|
3. |
Bonyongwe, Happyton Mabhuya |
Director-General Central Intelligence Organisation, born 6.11.1960 Passport: AD002214 ID: 63-374707A13 |
Senior security figure with a close association with the ZANU-PF faction of the government and complicit in forming or directing repressive state policy. Accused of being responsible for kidnapping, torturing and killing MDC activists in June 2008. |
|
4. |
Chihuri, Augustine |
Police Commissioner, born 10.3.1953 Passport AD000206 ID 68-034196M68 |
Senior police officer and member of the Joint Operational Command, closely associated with the repressive policies of ZANU-PF. Publicly confessed to support ZANU-PF in contravention of the Police Act. In June 2009 ordered the police to drop all cases related to murders committed to the run-up to the June 2008 Presidential election. |
|
5. |
Chiwenga, Constantine |
Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956 Passport AD000263 ID 63-327568M80 |
Member of Joint Operational Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During 2008 elections was a prime architect of the violence associated with the process of the Presidential run-off. |
|
6. |
Shiri, Perence (a.k.a. Bigboy) Samson Chikerema |
Air Marshal (Air Force), born 1.11.1955 ID 29-098876M18 |
Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence, including during the 2008 election in Mashonaland West and in Chiadzwa. |
|
7. |
Sibanda, Phillip Valerio (a.k.a. Valentine) |
Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956 or 24.12.1954 ID 63-357671H26 |
Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy. |
II. Entities
|
|
Name |
Identifying information |
Grounds for designation |
|
1. |
Zimbabwe Defence Industries |
10th floor, Trustee House, 55 Samora Machel Avenue, PO Box 6597, Harare, Zimbabwe. |
Associated with the Ministry of Defence and the ZANU-PF faction of Government.’ |
ANNEX II
‘ANNEX II
PERSONS REFERRED TO IN ARTICLE 10(3)
Persons
Name (and any aliases)
|
1. |
Bonyongwe, Happyton Mabhuya |
|
2. |
Chihuri, Augustine |
|
3. |
Chiwenga, Constantine |
|
4. |
Shiri, Perence (a.k.a. Bigboy) Samson Chikerema |
|
5. |
Sibanda, Phillip Valerio (a.k.a. Valentine)’. |
|
17.2.2016 |
EN |
Official Journal of the European Union |
L 40/15 |
COMMISSION DECISION (EU) 2016/221
of 12 February 2016
amending Decision (EU) 2015/1937 establishing an independent advisory European Fiscal Board
THE EUROPEAN COMMISSION,
Having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union,
Whereas:
|
(1) |
On 21 October 2015 the Commission adopted a Decision establishing an independent advisory European Fiscal Board (1). That decision contains a number of provisions on the mission and task, the composition, the independence and the functioning of the Board and its secretariat, and clarifies that the latter should be administratively attached to the Commission's Secretariat-General. Pursuant to this Decision, the Chief Economic Analyst established by Decision C(2015) 2665 of 17 April 2015 shall exercise the function of Head of Secretariat. |
|
(2) |
The Decision on the Chief Economic Analyst of the Commission of 17 April 2015 provides that the Chief Economic Analyst shall verify, in the area of coordination and surveillance of the economic and budgetary policies of the Member States, forthcoming Commission decisions. Pursuant to this Decision, the Chief Economic Analyst is attached to the Vice-President responsible for the Euro and Social Dialogue, who can also request opinions from the Chief Economic Analyst (2). |
|
(3) |
For reasons of coherence and efficiency it is appropriate to separate the tasks of the Chief Economic Analyst and the Head of Secretariat of the European Fiscal Board. |
|
(4) |
The Decision establishing an independent advisory European Fiscal Board should be amended accordingly, |
HAS DECIDED AS FOLLOWS:
Sole Article
Article 3, paragraph 8, of Commission Decision (EU) 2015/1937 (3) is replaced by the following:
‘8. The Commission shall appoint the Head of Secretariat, after having consulted the Chair of the European Fiscal Board. The Head of Secretariat shall be appointed for a period of three years, renewable once. His/her tasks shall include preparing the setting up of the Board. The other members of the secretariat shall be officials, temporary agents, contract agents, and seconded national experts, selected by the Head of Secretariat in agreement with the Chair. All members of the secretariat shall be selected on the basis of high levels of qualification and experience in areas relevant for the Board's activity and be assigned or attached (mis à disposition).
9. By derogation to paragraph 8, if the Chair of the European Fiscal Board has not yet been appointed, the Commission shall directly appoint the Head of Secretariat.’
Done at Brussels, 12 February 2016.
For the Commission
The President
Jean-Claude JUNCKER
(1) C(2015) 8000.
(2) C(2015) 2665.
(3) Commission Decision (EU) 2015/1937 of 21 October 2015 establishing an independent advisory European Fiscal Board (OJ L 282, 28.10.2015, p. 37).