(1)

On 19 July 2021, the Council adopted Implementing Regulation (EU) 2021/1188 (2), implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).

(2)

The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered into the list.

(3)

By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities on the list that it had decided to keep them thereon. The Council also informed those persons, groups and entities concerned that it was possible to request a statement of the Council’s reasons for entering them into the list where such a statement had not already been communicated to them.

(4)

The Council has reviewed the list as required by Article 2(3) of Regulation (EC) No 2580/2001. When carrying out that review, the Council took into account the observations submitted to it by those concerned as well as the updated information received from the competent national authorities on the status of listed individuals and entities at the national level.

(5)

The Council has verified that competent authorities, as referred to in Article 1(4) of Council Common Position 2001/931/CFSP (3), have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

(6)

The Council has concluded that there are no longer grounds for keeping one person on the list to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(7)

The list should be updated accordingly, and Implementing Regulation (EU) 2021/1188 should be repealed,

(1)

Council Regulation (EU) No 753/2011 (2) gives effect to restrictive measures adopted within the United Nations framework.

(2)

On 22 December 2021, the United Nations Security Council adopted Resolution 2615 (2021) (UNSCR 2615 (2021)). That Resolution notably introduces a new exemption to the restrictive measures for humanitarian assistance and other activities that support basic human needs in Afghanistan.

(3)

On 3 February 2022, the Council adopted Decision (CFSP) 2022/153 (3), amending Decision 2011/486/CFSP in accordance with UNSCR 2615 (2021).

(4)

Those amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States.

(5)

Regulation (EU) No 753/2011 should therefore be amended accordingly,

(1)

Council Regulation (EU) No 101/2011 (2) implements an asset freeze pursuant to Decision 2011/72/CFSP against certain persons and entities that have been identified as being responsible for the misappropriation of Tunisian State funds.

(2)

On 3 February 2022 the Council adopted Decision (CFSP) 2022/154 (3), amending Decision 2011/72/CFSP as regards the conditions upon which the funds of a deceased person can continue to be frozen.

(3)

That amendment falls within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary for its implementation, in particular with a view to ensuring uniform application in all Member States.

(4)

Regulation (EU) No 101/2011 should therefore be amended accordingly,

(1)

The Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (‘the Agreement’), concluded by Council Decision (EU) 2021/803 (2), amends a tariff quota for herring with regard to the volume to be imported. The Agreement entered into force on 10 May 2021.

(2)

That amendment should be reflected in Regulation (EC) No 32/2000.

(3)

Regulation (EC) No 32/2000 should therefore be amended accordingly.

(4)

Due to the urgent need to implement the Agreement, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. As the amendment made by this Regulation applies to the tariff quota period that is ongoing on the day of its entry into force, it is necessary to lay down transitional provisions for that period,

(1)

On 10 December 2001, the Council adopted Joint Action 2001/875/CFSP (1) appointing a European Union Special Representative in Afghanistan (EUSR). The mandate of the EUSR was extended several times, most recently by Council Decision (CFSP) 2017/289 (2), until 31 August 2017.

(2)

On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP (3) establishing a European Union Police Mission in Afghanistan (EUPOL Afghanistan). EUPOL Afghanistan was extended several times, most recently by Council Decision (CFSP) 2016/2040 (4), until 15 September 2017.

(3)

On 1 May 2021, the Taliban launched an offensive and started to seize control of a gradually increasing number of districts in Afghanistan. On 15 August 2021, Taliban forces seized control of Kabul and overthrew the constitutionally based government.

(4)

In a statement of 31 August 2021 on the situation in Afghanistan, the Council noted: ‘the evacuation of our citizens and to the extent possible of Afghan nationals who have cooperated with the European Union and its Member States and their families has been conducted as a matter of priority and will continue’.

(5)

In its conclusions of 15 September 2021 on Afghanistan, the Council noted: ‘… since August 2021, the international community, including the European Union and its Member States, undertook a collective effort, under extreme circumstances, to evacuate thousands of European Union citizens and third country nationals, including Afghans who worked for diplomatic missions and other Afghans at risk, due to their principled engagement for our common values. This was a true demonstration of EU solidarity.’

(6)

In these exceptional circumstances, the European External Action Service (EEAS) has organised and managed since 1 June 2021 the evacuation of Afghans, in particular of those who had worked for the EUSR or for EUPOL Afghanistan, of other particularly vulnerable Afghans who had collaborated with the Union, and of their dependent close relatives. Such evacuations should continue during the year 2022. A list of the persons eligible for this evacuation has been established by the EEAS as of 1 October 2021. It may be updated as necessary by the EEAS.

(7)

An operational action under the Common Foreign and Security Policy should support those evacuations,

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2)

On 19 July 2021, the Council adopted Decision (CFSP) 2021/1192 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

(3)

In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities in the list to ensure that there are grounds for keeping them thereon.

(4)

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

(5)

The Council has verified that competent authorities, as referred to in Article 1(4) of Common Position 2001/931/CFSP, have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Common Position 2001/931/CFSP.

(6)

The Council has concluded that there are no longer grounds for keeping one person on the list.

(7)

The list should be updated accordingly, and Decision (CFSP) 2021/1192 should be repealed,

(1)

On 1 August 2011, the Council adopted Decision 2011/486/CFSP.

(2)

On 22 December 2021, the United Nations Security Council adopted Resolution 2615 (2021) expressing deep concern regarding the humanitarian situation in Afghanistan, including food insecurity, and recalling that women, children and minorities have been disproportionately affected.

(3)

The United Nations Security Council, in its Resolution 2615 (2021), decided that humanitarian assistance and other activities that support basic human needs in Afghanistan are not a violation of paragraph 1(a) of United Nations Security Council Resolution (UNSCR) 2255 (2015) while strongly encouraging providers relying on UNSCR 2615 (2021) to use reasonable efforts to minimise the accrual of any benefits, whether as a result of direct provision or diversion, to individuals or entities designated on the Sanctions List under UNSCR 1988 (2011).

(4)

Decision 2011/486/CFSP should therefore be amended accordingly.

(5)

Further action by the Union is necessary to implement certain measures in this Decision,

(1)

On 31 January 2011 the Council adopted Decision 2011/72/CFSP (1).

(2)

On the basis of a review of Decision 2011/72/CFSP, it is necessary to set out the conditions upon which the funds of a deceased person can continue to be frozen.

(3)

Decision 2011/72/CFSP should therefore be amended accordingly,

(1)

On 5 May 2021, the Health and Safety Executive of the United Kingdom acting on behalf of the Health and Safety Executive for Northern Ireland (‘the UK competent authority’) adopted a decision in accordance with Article 55(1), first subparagraph, of Regulation (EU) No 528/2012, to permit the making available on the market and use of the biocidal product Clinisept + Skin Disinfectant, until 1 November 2021 (‘the action’). The UK competent authority informed the Commission and the competent authorities of the Member States of the action and the justification for it, in accordance with Article 55(1), second subparagraph, of that Regulation.

(2)

According to the information provided by the UK competent authority, the action was necessary in order to protect public health. On 11 March 2020, the World Health Organization (WHO) declared that the outbreak of the coronavirus disease (COVID-19) could henceforth be characterised as a pandemic. The Government of the United Kingdom declared the risk to the United Kingdom as ‘high’ and, on 23 March 2020, restrictive measures came into effect. The use of alcohol-based hand disinfectants is recommended by the WHO as a preventive measure against the spread of COVID-19, as an alternative to washing hands with soap and water.

(3)

Clinisept + Skin Disinfectant contains active chlorine released from sodium hypochlorite as an active substance. Active chlorine released from sodium hypochlorite is approved for use in biocidal products of product-type 1, namely ‘human hygiene’, as defined in Annex V to Regulation (EU) No 528/2012.

(4)

Since the outbreak of COVID-19, hand disinfectants have been in extremely high demand in the United Kingdom, which has led to unprecedented supply shortages of such products. Prior to the action, there were very few hand disinfectants authorised in the United Kingdom in accordance with Regulation (EU) No 528/2012. COVID-19 represents a serious threat to public health in the United Kingdom and additional hand disinfectants are crucial in preventing its spread.

(5)

On 29 October 2021, the Commission received a reasoned request from the UK competent authority, on behalf of the Health and Safety Executive for Northern Ireland, to allow the extension of the action in the United Kingdom in respect of Northern Ireland, in accordance with Article 55(1), third subparagraph, of Regulation (EU) No 528/2012. The reasoned request was made on the basis of concerns that public health might be endangered by COVID-19 beyond 1 November 2021 and taking into account that allowing additional hand disinfectants on the market is crucial in order to contain the dangers posed by COVID-19.

(6)

According to the UK competent authority, the demand for hand sanitisers remains high, therefore an extension of the action in the United Kingdom in respect of Northern Ireland is needed.

(7)

Companies that have received derogations for hand disinfectants in accordance with Article 55(1), first subparagraph, of Regulation (EU) No 528/2012 after the WHO declaration on the pandemic have been encouraged to seek regular product authorisation as soon as possible. However, no new applications for regular product authorisation have been received by the UK competent authority to date.

(8)

As COVID-19 continues to pose a danger to public health and such danger cannot be adequately contained in the United Kingdom in respect of Northern Ireland in the absence of additional hand disinfectants being allowed on the market, it is appropriate to allow the UK competent authority to extend the action in the United Kingdom in respect of Northern Ireland.

(9)

Considering that the action expired on 1 November 2021, this Decision should have retroactive effect.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,