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Document L:2011:276:FULL

Official Journal of the European Union, L 276, 21 October 2011


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ISSN 1977-0677

doi:10.3000/19770677.L_2011.276.eng

Official Journal

of the European Union

L 276

European flag  

English edition

Legislation

Volume 54
21 October 2011


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Regulation (EU) No 1048/2011 of 20 October 2011 repealing Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

1

 

*

Council Implementing Regulation (EU) No 1049/2011 of 20 October 2011 implementing Article 11(1) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

2

 

*

Commission Implementing Regulation (EU) No 1050/2011 of 20 October 2011 entering a name in the register of protected designations of origin and protected geographical indications (Darjeeling (PGI))

5

 

*

Commission Implementing Regulation (EU) No 1051/2011 of 20 October 2011 implementing Regulation (EU) No 692/2011 of the European Parliament and of the Council concerning European statistics on tourism, as regards the structure of the quality reports and the transmission of the data ( 1 )

13

 

 

Commission Implementing Regulation (EU) No 1052/2011 of 20 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

22

 

 

Commission Implementing Regulation (EU) No 1053/2011 of 20 October 2011 on the issue of import licences and the allocation of import rights for applications lodged during the first seven days of October 2011 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat

24

 

 

Commission Implementing Regulation (EU) No 1054/2011 of 20 October 2011 on the issue of import licences for applications submitted in the first seven days of October 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009

26

 

 

Commission Implementing Regulation (EU) No 1055/2011 of 20 October 2011 fixing the export refunds on milk and milk products

27

 

 

Commission Implementing Regulation (EU) No 1056/2011 of 20 October 2011 fixing the export refunds on poultrymeat

31

 

 

Commission Implementing Regulation (EU) No 1057/2011 of 20 October 2011 fixing the export refunds on eggs

33

 

 

Commission Implementing Regulation (EU) No 1058/2011 of 20 October 2011 fixing the export refunds on pigmeat

35

 

 

Commission Implementing Regulation (EU) No 1059/2011 of 20 October 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

37

 

 

Commission Implementing Regulation (EU) No 1060/2011 of 20 October 2011 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

39

 

 

Commission Implementing Regulation (EU) No 1061/2011 of 20 October 2011 fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty

41

 

 

Commission Implementing Regulation (EU) No 1062/2011 of 20 October 2011 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

44

 

 

DECISIONS

 

*

Council Decision 2011/697/CFSP of 20 October 2011 amending Decision 2011/621/CFSP extending the mandate of the European Union Special Representative to the African Union

46

 

*

Council Implementing Decision 2011/698/CFSP of 20 October 2011 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

47

 

*

Council Implementing Decision 2011/699/CFSP of 20 October 2011 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

50

 

 

2011/700/EU

 

*

Commission Implementing Decision of 20 October 2011 amending Implementing Decision 2011/303/EU as regards the date of application (notified under document C(2011) 7373)

62

 

 

Corrigenda

 

*

Corrigendum to Directive 2010/84/EU of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ L 348, 31.12.2010)

63

 


 

(1)   Text with EEA relevance

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

21.10.2011   

EN

Official Journal of the European Union

L 276/1


COUNCIL REGULATION (EU) No 1048/2011

of 20 October 2011

repealing Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

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 Council Decision 2010/603/CFSP of 7 October 2010 on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (1),

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1)

Council Regulation (EC) No 1763/2004 (2) gives effect to Decision 2010/603/CFSP by freezing the assets of certain individuals, in support of the ICTY mandate.

(2)

Decision 2010/603/CFSP expired on 10 October 2011.

(3)

It is therefore appropriate to repeal Regulation (EC) No 1763/2004 with immediate effect,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1763/2004 is hereby repealed.

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 Luxembourg, 20 October 2011.

For the Council

The President

M. SAWICKI


(1)  OJ L 265, 8.10.2010, p. 15.

(2)  OJ L 315, 14.10.2004, p. 14.


21.10.2011   

EN

Official Journal of the European Union

L 276/2


COUNCIL IMPLEMENTING REGULATION (EU) No 1049/2011

of 20 October 2011

implementing Article 11(1) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(2) thereof,

Having regard to Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 11 (1) thereof,

Whereas:

(1)

On 1 August 2011, the Council adopted Regulation (EU) No 753/2011.

(2)

On 4 October 2011, the United Nations Security Council Committee, established pursuant to paragraph 30 of Security Council Resolution 1988 (2011), approved the addition of three persons to the list of individuals, groups, undertakings and entities subject to restrictive measures.

(3)

Annex I to Regulation (EU) No 753/2011 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The persons listed in the Annex to this Regulation shall be added to the list set out in Annex I of Regulation (EU) No 753/2011.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 20 October 2011.

For the Council

The President

M. SAWICKI


(1)  OJ L 199, 2.8.2011, p. 1.


ANNEX

LIST OF PERSONS REFERRED TO IN ARTICLE 1

(1)

Faizullah Noorzai Akhtar Mohammed Mira Khan (alias: (a) Hajji Faizullah Khan Noorzai, (b) Haji Faizuulah Khan Norezai, (c) Haji Faizullah Khan, (d) Haji Fiazullah Khan, (e) Haji Faizullah Khan Noori, (f) Haji Faizullah Noor, (g) Haji Pazullah Noorzai, (h) Haji Mullah Faizullah).

Title: Haji. Address: Boghra Road, Miralzei Village, Chaman, Baluchistan Province, Pakistan.

Date of birth: (a) 1962, (b) 1961, (c) between 1968 and 1970.

Place of birth: (a) Lowy Kariz, Spin Boldak District, Kandahar Province, Afghanistan, (b) Kadanay, Spin Boldak District Kandahar Province, Afghanistan.

Nationality: Afghan.

Other information: (a) Prominent Taliban financier. (b) As of mid-2009, supplied weapons, ammunition, explosives and medical equipment to Taliban fighters; raised funds for the Taliban, and provided training to them, in the Afghanistan/Pakistan border region. (c) Has previously organized and funded Taliban operations in Kandahar Province, Afghanistan. (d) As of 2010, travelled to and owned businesses in Dubai, United Arab Emirates, and Japan. (e) Belongs to Nurzai tribe, Miralzai sub-tribe. (f) Brother of Malik Noorzai. (g) Father's name is Akhtar Mohammed (alias: Haji Mira Khan).

Date of UN designation: 04.10.2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Faizullah Noorzai Akhtar Mohammed Mira Khan has served as a prominent Taliban financier with whom senior Taliban leaders invested funds. He has collected over USD 100 000 for the Taliban from donors in the Gulf and in 2009 gave a portion of his own money. He also financially supported a Taliban commander in Kandahar Province and has provided funding to assist with training Taliban and Al-Qaida fighters who were to conduct attacks against Coalition and Afghan military forces. As of mid-2005, Faizullah organized and funded Taliban operations in Kandahar Province, Afghanistan. In addition to his financial support, Faizullah has otherwise facilitated Taliban training and operations. As of mid-2009, Faizullah supplied weapons, ammunition, explosives, and medical equipment to Taliban fighters from southern Afghanistan. In mid-2008, Faizullah was responsible for housing Taliban suicide bombers and moving them from Pakistan into Afghanistan. Faizullah has also provided anti-aircraft missiles to the Taliban, helped move Taliban fighters around Helmand Province, Afghanistan, facilitated Taliban suicide bombing operations and given radios and vehicles to Taliban members in Pakistan.

As of mid-2009, Faizullah operated a madrassa (religious school) in the Afghanistan/Pakistan border region, where tens of thousands of dollars were raised for the Taliban. Faizullah's madrassa grounds were used to provide training to Taliban fighters in the construction and use of improvised explosive devices (IEDs). As of late 2007, Faizullah's madrassa was used to train Al-Qaida fighters who were later sent to Kandahar Province, Afghanistan.

In 2010, Faizullah maintained offices and possibly owned properties, including hotels, in Dubai, the United Arab Emirates. Faizullah regularly travelled to Dubai and Japan with his brother, Malik Noorzai (TI.N.154.11), to import cars, auto parts and clothing. As of early 2006, Faizullah owned businesses in Dubai and Japan.

(2)

Malik Noorzai (alias: (a) Hajji Malik Noorzai, (b) Hajji Malak Noorzai, (c) Haji Malek Noorzai, (d) Haji Maluk, (e) Haji Aminullah).

Title: Haji. Date of Birth (a) 1957, (b) 1960.

Nationality: Afghan.

Other information: (a) Taliban financier. (b) Owns businesses in Japan and frequently travels to Dubai, United Arab Emirates, and Japan. (c) As of 2009, facilitated Taliban activities, including through recruitment and the provision of logistical support. (d) Believed to be in the Afghanistan/Pakistan border area. (e) Belongs to Nurzai tribe. (f) Brother of Faizullah Noorzai Akhtar Mohammed Mira Khan.

Date of UN designation: 04.10.2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Malik Noorzai is a Pakistan-based businessman who has provided financial support to the Taliban. Malik and his brother, Faizullah Noorzai Akhtar Mohammed Mira Khan (TI.M.153.11), have invested millions of dollars in various businesses for the Taliban. In late 2008, Taliban representatives approached Malik as a businessman with whom to invest Taliban funds. Since at least 2005, Malik has also personally contributed tens of thousands of dollars and distributed hundreds of thousands of dollars to the Taliban, some of which was collected from donors in the Gulf region and Pakistan and some of which was Malik's own money. Malik also handled a hawala account in Pakistan that received tens of thousands of dollars transferred from the Gulf every few months to support Taliban activities. Malik has also facilitated Taliban activities. As of 2009, Malik had served for 16 years as the chief caretaker of a madrassa (religious school), in the Afghanistan/Pakistan border region, that was used by the Taliban to indoctrinate and train recruits. Among other things, Malik delivered the funds that supported the madrassa. Malik, along with his brother, has also played a role in storing vehicles to be used in Taliban suicide bombing operations and has helped move Taliban fighters around Helmand Province, Afghanistan. Malik owns businesses in Japan and frequently visits Dubai and Japan for business. As early as 2005, Malik owned a vehicle import business in Afghanistan that imported vehicles from Dubai and Japan. He has imported cars, auto parts and clothing from Dubai and Japan for his businesses, in which two Taliban commanders have invested. In mid-2010, Malik and his brother secured the release of hundreds of cargo containers, reportedly worth millions of dollars, which Pakistani authorities seized earlier that year because they believed the recipients had a connection to terrorism.

(3)

Abdul Aziz Abbasin (alias: Abdul Aziz Mahsud).

Date of Birth: 1969.

Place of Birth: Sheykhan Village, Pirkowti Area, Orgun District, Paktika Province, Afghanistan.

Other information: Key commander in the Haqqani Network under Sirajuddin Jallaloudine Haqqani (TI.H.144.07.). Taliban Shadow Governor of Orgun District, Paktika Province, Afghanistan as of early 2010. Operated a training camp for non-Afghan fighters in Paktika Province. Has been involved in the transport of weapons to Afghanistan.

Date of UN designation: 04.10.2011

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Abdul Aziz Abbasin is a key commander in the Haqqani Network, a Taliban-affiliated group of militants that operates from Eastern Afghanistan and North Waziristan Agency in the Federally Administered Tribal Areas of Pakistan. As of early 2010, Abbasin received orders from Sirajuddin Haqqani (TI.H.144.07) and was appointed by him to serve as the Taliban shadow governor of Orgun District, Paktika Province, Afghanistan. Abbasin commands a group of Taliban fighters and has assisted in running a training camp for foreign fighters based in Paktika Province. Abbasin has also been involved in ambushing vehicles supplying Afghan government forces and in the transport of weapons to Afghanistan.


21.10.2011   

EN

Official Journal of the European Union

L 276/5


COMMISSION IMPLEMENTING REGULATION (EU) No 1050/2011

of 20 October 2011

entering a name in the register of protected designations of origin and protected geographical indications (Darjeeling (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 third subparagraph of Article 7(5) thereof,

Whereas:

(1)

Pursuant to Article 6(2) of Regulation (EC) No 510/2006, an application from India received on 12 November 2007 to register the name ‘Darjeeling’ as a protected geographical indication was published in the Official Journal of the European Union  (2).

(2)

Germany, France, Italy, Austria, the United Kingdom and a citizen of India lodged objections to such registration under Article 7(1) of Regulation (EC) No 510/2006. The objections were deemed admissible under points (a), (c), and (d) of the first subparagraph of Article 7(3) thereof. By letter dated 11 June 2010, the Commission asked the Parties concerned to seek agreement among them.

(3)

An agreement was reached between France and India, which resulted in introducing clarifications to the Single Document to the effect that only bulk packaging is required to take place in the geographical area and that consumer packaging may take place within or outside the geographical area. Consequently, it should be made clear in relation to labelling that the obligatory presence of a licence number and a specified logo is only required in respect of products in bulk shipped from the geographical area.

(4)

Agreement was only partially reached between Germany, Italy, Austria, the United Kingdom and the citizen of India on the one hand, and India on the other hand, within the designated timeframe. Following the agreement the botanical name ‘Camellia sinensis M Kuntz’, should be correctly referred to as ‘Camellia sinensis L.O. Kuntze’, and bulk packaging of ‘Darjeeling’ tea should be restricted to the geographical area. Any other kind of packaging or repackaging, including packaging intended for the final consumer, may take place within or outside the geographical area.

(5)

The objectors further alleged failure of compliance with Article 2 of Regulation (EC) No 510/2006.

(6)

Concerning the alleged absence of a link between the reputation and renown of the product and the area of production, it has been found that the product specification shows that the product is specific, and that the savoir-faire and acquired skills employed by producers as well as the pedo-climatic features and geographical environment of the geographical area (natural drainage of the soils, complex combination of very high rainfall and continuous low temperature) significantly affect the product’s characteristics which constitute the core of its reputation.

(7)

As for the objection regarding the alleged irrelevance of the analysis data cited in the Single Document, this data does not have an impact on the link which is based on reputation but merely serves to describe the product as such. Yet, to reveal the source of the analysis is not required by Regulation (EC) No 510/2006.

(8)

The name ‘Darjeeling’ should only be used as a sales designation for tea that is wholly produced in the geographical area in accordance with the specification, although blending of such tea may take place within or outside the geographical area. Blends of Darjeeling and other teas should not bear the name ‘Darjeeling’ as the sales designation and should otherwise be labelled in conformity with the Union’s rules on labelling in particular to avoid that consumers are misled to a material degree.

(9)

The statements of objection showed that the name ‘Darjeeling’ is used to designate certain products that are not in conformity with the specification, but which are comparable to such products. The continued use of the name on these products is found to jeopardise the existence of the name ‘Darjeeling’. Therefore the producers of such products should be granted a transitional period of 5 years to use the said name, pursuant to Article 13(3) of Regulation (EC) No 510/2006, in so far as these products have been legally marketed for at least 5 years prior to 14 October 2009, and provided that the Union’s legal order, in particular with respect to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (3), is respected.

(10)

Concerning the alleged generic character of the name proposed for registration, no proof of generic status has been established.

(11)

In the light of the above, the name ‘Darjeeling’ should be entered in the Register of protected designations of origin and protected geographical indications and the Single Document should be updated accordingly and published.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

The designation contained in Annex I to this Regulation shall be entered in the register.

Article 2

Registration is subject to a 5-year transitional period during which names including ‘Darjeeling’ may be used on products produced not in conformity with the specification, in so far as these products have been legally marketed for at least 5 years prior to 14 October 2009, and provided that the Union’s legal order, in particular with respect to misleading of consumers to a material degree pursuant to Article 2 of Directive 2000/13/EC, is respected.

Article 3

The updated Single Document is contained in Annex II to this Regulation.

Article 4

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 93, 31.3.2006, p. 12.

(2)  OJ C 246, 14.10.2009, p. 12.

(3)  OJ L 109, 6.5.2000, p. 29.


ANNEX I

Agricultural products intended for human consumption in Annex I to the Treaty:

Class 1.8.   Other products of Annex I to the Treaty (spices etc.)

INDIA

Darjeeling (PGI)


ANNEX II

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘DARJEELING’

EC No: IN-PGI-0005-0659-12.11.2007

PGI ( X ) PDO ( )

1.   Name

‘Darjeeling’

2.   Member State or Third Country

India

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.8.

Other products of Annex I to the Treaty

3.2.   Description of product to which the name in (1) applies

The botanical name of the Darjeeling tea plant is Camellia sinensis L.O. Kuntze. The Darjeeling tea plant is a hardy, multi-stemmed, slow growing evergreen shrub tree which if allowed to, can grow up to 2,5 metres in height. The Darjeeling tea plant takes about 6 to 8 years to be mature to give economic harvesting and is known to have an economic life of well over 100 years with good agricultural practices. It is able to withstand severe winters, extended droughts and the high altitudes of Darjeeling. The green leaves are small, bright, glossy green in colour often covered with a downy silvery pubescence and long buds. The productivity of Darjeeling tea is much lower than any other tea growing area, making it expensive to harvest and produce. Such lower productivity is due to high elevations of the geographical area and rare climatic conditions. The Darjeeling tea plant was first planted in the early 1800s. Over the years it has adapted to its natural environment and developed the native characteristics, i.e. the unique Darjeeling character referred to by renowned tea tasters and consumers.

The Darjeeling tea when brewed gives a colour of pale lemon to rich amber. The brew is said to have remarkable varying degrees of visual brightness, depth and body. The flavour emanating from the brew is a fragrance with a complex and pleasing taste and aftertaste with attributes of aroma, bouquet and point. The organoleptic characteristics of the Darjeeling tea brew are commonly referred to as mellow, smooth, round, delicate, mature, sweet, lively, dry and brisk.

The chemical components present in the Darjeeling tea in very higher concentrations are linalool oxide I, II, III and IV. Linalool, geraniol, methyl salicylate, benzyl alcohol, 2-phenylethanol, dihydroactinidiolide, hexanoic acid, cis-3-hexenoic acid, trans-2-hexenoic acid, trans-geranoic acid, 3,7-dimethyl-1,5,7-octatrien-3-ol (can be quantified in % as 0,36 % to 1,24 %) and 2,6-demethyl-3, 7-octadiene-2, 6-diol (quantified in % as 3,36 % to 9,99 %). The last two components are present in very high concentration (coming up to 1,24 % and 9,99 % respectively).

The rare flavour of Darjeeling tea is a direct result of a combination of plant genes which is native to the Darjeeling area, the soil chemistry which is rich in minerals, the Darjeeling hills which receives high rainfall (up to 160 inches per annum), altitudes (the highest 2 250 metres and the lowest is at 600 metres) and unique variation of temperature (between 5 and 30 °C). The effect of agroclimatic conditions including light, temperature, humidity, rainfall, etc. play important role for the production of quality related secondary metabolites for Darjeeling tea. It has been observed that some tea cultivars grown in other parts of the country having different agroclimatic conditions do not produce the unique aroma/flavour of Darjeeling tea.

The Darjeeling tea industry follows an established set of agricultural practices which has been developed and used for over 150 years to sustain growth of shoots, while maintaining bush heights suitable for plucking by hand. Each kilogram of made tea consists of around 20 000 individual hand-picked shoots. This gives an idea of the extent of human effort involved in its production.

The Darjeeling tea is processed in the traditional orthodox method only, where human effort and traditional skill/knowledge is involved in every stage, which is referred as Darjeeling style of manufacture.

There are three different grades of sizes of Darjeeling tea which are traditionally referred as Whole Leaf, Brokens and Fannings.

3.3.   Raw materials

Not applicable.

3.4.   Feed (for products of animal origin only)

Not applicable.

3.5.   Specific steps in production that must take place in the identified geographical area

The plucking of Darjeeling tea begins at the end of February/early March and ends by mid-November depending on the weather conditions and the ambient temperature; the cold winter months of December to February are a period of dormancy. A Darjeeling tea bush yields only 50 to 100 g of made tea in a year. The plucking of Darjeeling tea is a special skill/technique, which is a traditional knowledge transferred from generation to generation. The plucking is mainly done by highly skilled women workers because the green leaves require soft handling with care to retain its quality.

After harvesting, the Darjeeling tea leaves are processed in the traditional orthodox method only in the typical/Darjeeling Style of manufacture in the factories situated within the specified gardens within the defined Darjeeling tea growing area only. The traditional skill/knowledge is passed on by generation and is involved in every step of the processing. The inherently sensitive nature of the finely plucked, green leaf responds best to gentle treatment. Although differing leaf varieties require intricate variations in processing, the stages followed are uniform.

Processing of the Darjeeling tea takes place in the factories situated only within the notified tea gardens. The drying, sorting, grading and bulk packing of the Darjeeling tea takes place exclusively in the factories situated within the area of the notified tea gardens. It is important to note that no processing takes place outside the tea gardens.

Therefore, all steps of production of tea (harvesting, drying and processing) take place in the defined areas.

Once the leaf reaches the factory, it is ‘withered’. The objective of withering is to evaporate the moisture from the green leaves slowly over a period of 14 to 16 hours. The leaf shrinks and becomes soft so that it can withstand twisting and rolling mechanically. The brew characteristics also begin to develop following physical and chemical changes within the leaf structure.

The green leaves are segregated and spread evenly on wire mesh screens fitted over specially designed ‘troughs’ which resemble very long wooden boxes. Each trough is an air chamber which enables fresh dry air to be passed in a regulated manner through the green leaves until the desired ‘wither’ is achieved. Approximately, 75 % of the water content in the fresh green leaf is evaporated at this stage.

The withered leaf is then removed from the trough and loaded and twisted in the rolling machines, which, by subjecting the withered leaf to a rolling movement under pressure, twist the leaf, rupture the cells and release natural juices, promoting oxidation and accelerating pigmentation. Rolling pressures and sequences are very meticulously supervised to ensure that the optimum style is imparted, without the detrimental effect of overheating.

Next, the leaf is thinly spread in a cool, well-ventilated room to slowly oxidise (ferment). This stage, in which the flavanols combine with oxygen in the air, extends over a period ranging from 2 to 4 hours, mainly depending on ambient temperature and relative humidity. An experienced tea maker judges at regular intervals the extent of quality development from the fragrance progressively expressed by the leaf. This sensory judgment is critical to the quality of the infused brew. For the visitor, the rich floral aroma emanating from a Darjeeling rolling and fermenting (oxidisation) room is heady and definitely unforgettable.

Once optimum fermentation (oxidisation) has been achieved, the oxidised leaf is taken for roasting (or drying) to arrest further fermentation (oxidisation) by deactivating the enzymes, and to remove almost all of the remaining moisture in the leaf. The Tea Dryer is a chamber which exposes the fermented (Oxidised) leaf to hot dry air at regulated, varying temperatures within its parts, for a duration of 20 to 30 minutes. A good roast reduces moisture content in the final product to about less than 2 %, resulting in crisp dry tea which is then graded through vibrating sieves according to size. These grades are finally invoiced packed in lots/batches in foil lined packages designed to retain freshness and quality over an extended period of time.

After final grading has been completed, nomenclatures are assigned according to the size of the grade. These falls into three categories:

(a)

Whole Leaf — FTGOP — Fine Tippy Golden Flowery Orange Pekoe;

(b)

Brokens — TGBOP — Tippy Golden Broken Orange Pekoe;

(c)

Fannings — GOF — Golden Orange Fannings.

The major difference between the three categories is in the size.

Orange Pekoe is a term mainly used to describe a grade found in the grading system of the same name used for sorting black teas. The system is based solely upon the size of the processed and dried black tea leaves.

The above gradations relate only to the size of the whole leaf after processing and not to quality differentiations. All grades are the product of the same green leaf. The nomenclatures are used to differentiate the grade of made tea according to the size of the tea leaves after processing.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

There are no specific packaging requirements for Darjeeling tea. Darjeeling tea reaches the final consumer in the EU in bulk or consumer packs. 95 % of all packing down to the insertion into consumer size boxes takes place in the EU (the rest is packed in India).

3.7.   Specific rules concerning labelling

On each package the licence number of the producer/packeter under the Darjeeling Protection Certified Trade Mark Scheme 1999 governed by the Tea Board of India (a statutory body formed under The Tea Act of 1953 of India empowering them to administer the production of tea) has to be provided, as well as the registered Darjeeling logo (a stylised representation of an Indian woman holding tea leaves in a roundel). The woman design element has a stylised circular ear ring and a nose stud. The word mark ‘Darjeeling’ skirts the left portion of the roundel. All these elements blend together to constitute the Darjeeling logo.

Image

The special Darjeeling logo, created in 1983 and registered as a collective trademark in India, is a labelling requirement, for tea that has been certified by the Board as conforming to the standards and characteristics of Darjeeling tea. Since its introduction, the Darjeeling logo has always appeared on packaging cartons/chest under the control of the Board.

The Tea Board has obtained registration of the Darjeeling logo as a Certification Mark under the Indian Trade and Merchandise Marks Act, 1958.

The Tea Board has also registered the Darjeeling logo under the new Geographical Indication of Goods (Registration & Protection) Act, 1999.

The nomenclature of grading is not compulsory on the label.

4.   Concise definition of the geographical area

The Darjeeling Tea is grown in the district of Darjeeling, situated in the state of West Bengal, India. The following Sub-Divisions of the District of Darjeeling in the State of West Bengal (India) have on their territory tea gardens: Sadar sub-division, only hilly areas of Kalimpong Sub-Division comprising Samabeong Tea Estate, Ambiok Tea Estate, Mission Hill Tea Estate, Upper Fagu and Kumai Tea Estates and Kurseong Sub-Division excluding the areas in jurisdiction list 20, 21, 23, 24, 29, 31 and 33 comprising Subtiguri Sub-Division of New Chumta Tea Estate, Simulbari and Marionbari Tea Estate of Kurseong Police station in Kurseong Sub-Division. The tea gardens are situated at an altitude of between 600 and 2 250 metres on steep slopes which provide ideal natural drainage for the generous rainfall the district receives.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

The tea gardens are situated at altitude of between 600 and 2 250 metres on steep slopes, which provide ideal natural drainage for the generous rainfall the district receives. It is important to note the relevance of elevation, as it is specific for Darjeeling quality. Coupled with this, the intermittent cloud and sunshine combine to impart the unique character of Darjeeling tea.

The soil is rich and the hilly terrain provides natural drainage for the generous rainfall the district receives.

Due to continuous low temperature the metabolic (photosynthesis) rate of the Darjeeling tea plant is far lower than any other tea plant, which stunts the growth of green leaf and increases the concentration of the natural chemical characteristics.

The Darjeeling tea growing area is located in the seven valleys of the Darjeeling hills which directly overlooks the Himalayas and the Kanchenjunga peak which is the 3rd highest mountain peak in the world. The cold wind blowing from the Himalayas through the seven valleys at various temperatures during the year is one of the reasons resulting in the unique Darjeeling flavour. Further, the Darjeeling hills experience mists during the nights which condenses the water molecules of the environment and it caresses the tea leaves which moisturise the Darjeeling tea leaves overnight. The Darjeeling hill experiences very high rainfall (up to 160 inches and not less than 80 inches) in a year. The Darjeeling hills receive only 4 to 5 hours of sunshine for only about 180 days in a year. These natural phenomena significantly contribute to the development of the remarkable flavour and characteristics of the Darjeeling tea.

5.2.   Specificity of the product

Darjeeling tea is a tea of considerable renown, because its flavour is so unique that it cannot be replicated anywhere else in the world. Grown in the mountainous region of Darjeeling, for more than 150 years, these tea bushes are nurtured by intermittent rainfall, sunshine and moisture laden mellow mists. The tea pluckers pick only the finest two leaves and the bud to maintain the particular flavour. Gifted with these natural elements, the simple fact that approximately only between 9 to 10 million kg of Darjeeling tea is produced annually by the Darjeeling district, has made it exclusive and desirable. It is a niche luxury product. Adherence to this high quality profile, results in extremely low yields. The Darjeeling producers make every effort to ensure the highest quality standards, in spite of the high costs involved. Tea plucking art of the succession generation of north has an artistic value. Human elements are present in several steps of the production of tea (as explained above).

The Darjeeling tea is processed in the traditional orthodox method only, where human effort and traditional skill/knowledge is involved in every stage.

5.3.   Causal link between the geographical area and a specific quality, the reputation or other characteristic of the product

Geographical and agro-climatic: Due to the unique and complex combination of agro-climatic conditions prevailing in the region comprising of all the 87 tea gardens within the district of Darjeeling as well as the production regulations by the Board, tea produced in this region has the distinctive and naturally occurring organoleptic characteristics of taste, aroma and texture which have won the patronage and recognition of discerning consumers all over the world and put Darjeeling tea as a niche luxury product.

Topographical: The Darjeeling tea gardens are situated at an altitude from 600 to 2 250 metres on steep slopes which provide ideal natural drainage for the generous rainfall the district receives. The rare flavour of Darjeeling tea is a result of the combination of plant genes, soil chemistry, altitude, temperature and rainfall unique to the Darjeeling hills. The Darjeeling tea industry follows an established set of agricultural practices which has been developed and used for over 150 years to sustain growth of shoots, while maintaining bush heights suitable for plucking by hand.

Harvesting: A Darjeeling tea bush yields not more than 100 g of made tea in a year (between 9 to 10 million kg of Darjeeling tea is produced annually by the Darjeeling district). Each kilogram of fine tea consists of more than 20 000 individual hand-picked shoots. This gives an idea of the extent of human effort involved in its production.

Other factors: historical, traditional, cultural and social, as well as a special uniqueness and reputation are attached to ‘Darjeeling’. Indeed, the tea produced in the Darjeeling region and having the said special characteristics, is and has for long been known to the trade and the public in India and abroad as Darjeeling tea and as such it has acquired a substantial domestic and international reputation. Any member of the trade or public in India or abroad ordering Darjeeling tea or seeing tea advertised or offered for sale as Darjeeling will expect the tea so ordered, advertised or offered for sale to be the tea cultivated, grown and produced in the aforesaid region of the Darjeeling district and having the aforesaid special characteristics. Therefore, the name ‘Darjeeling’ for tea from the district of Darjeeling in the state of West Bengal, has acquired a special uniqueness and reputation in the public mind when used in relation to tea produced in the aforesaid region of the said district so that the right to attach it to such tea forms part of the specific repute of all those who are duly associated with the said region. The prices of Darjeeling tea are also higher than for other teas in India and overall in the world market. In other words, the name ‘Darjeeling’ when used in relation to tea, qualifies as a geographical indication in India.

Reference to publication of the specification

http://ec.europa.eu/agriculture/quality/door/publishedName.html?denominationId=1900


21.10.2011   

EN

Official Journal of the European Union

L 276/13


COMMISSION IMPLEMENTING REGULATION (EU) No 1051/2011

of 20 October 2011

implementing Regulation (EU) No 692/2011 of the European Parliament and of the Council concerning European statistics on tourism, as regards the structure of the quality reports and the transmission of the data

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 692/2011 of the European Parliament and of the Council of 6 July 2011 concerning European statistics on tourism (1), and in particular Articles 6(4) and 9(2) and (3) thereof,

Whereas:

(1)

Regulation (EU) No 692/2011 established a common framework for the systematic development, production and dissemination of European statistics on tourism.

(2)

Reasonable level of quality should be ensured in the disseminated information and the maintenance of existing statistical series on tourism.

(3)

The arrangements for and structure of the quality reports, as well as the practical arrangements for the data transmission should be laid down.

(4)

It is appropriate to use the European statistics on tourism as fully as possible while respecting the confidentiality of the individual data records.

(5)

Certain data should be made available to Member States in order to complete the statistical coverage of tourism at national level.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The arrangements for and structure of the quality reports shall be as set out in Annex I.

Article 2

The exchange standard for aggregate tables shall be as set out in Annex II.

Article 3

The exchange standard for micro-data files shall be as set out in Annex III.

Article 4

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 192, 22.7.2011, p. 17.


ANNEX I

Structure of quality reports

Arrangements and structure for providing metadata

Member States shall provide the Commission (Eurostat) with reference metadata in accordance with the Euro SDMX Metadata Structure, as defined in Commission Recommendation 2009/498/EC (1) for the European Statistical System.

Member States shall provide the required metadata (including quality) in accordance with an exchange standard specified by the Commission (Eurostat). The metadata shall be provided to Eurostat through the single entry point or in such a form that the Commission (Eurostat) can retrieve it by electronic means.

Contents of the metadata and quality reports

The report shall include the following concepts and cover internal tourism (Annex I to Regulation (EU) No 692/2011) as well as national tourism (Annex II to Regulation (EU) No 692/2011):

(1)

Relevance, including completeness as compared to user needs and data completeness as compared to the requirements and recommendations laid down in Articles 2, 3, 4 and 10 of Regulation (EU) No 692/2011.

(2)

Accuracy, including coverage error (over-coverage and under-coverage), recall bias, classification error, item and unit non-response (broken down by type of unit non-response), imputation rate (for Section 2 of Annex II), sampling error and coefficients of variation for a set of leading indicators and breakdowns (as well as a description of the formulae or algorithm used to calculate the coefficients of variation) and data revision (policy, practice, impact on leading indicators).

(3)

Timeliness, including information on the calendar for the production process until the publication of the results (first results, final and complete results).

(4)

Punctuality, including information on the dates of transmission of the data to the Commission (Eurostat) as compared to the deadlines specified in Article 9(4) of Regulation (EU) No 692/2011 for all data deliveries relating to the reference year.

(5)

Accessibility and clarity, including information on the release calendar for the main publications (paper and online) relating to the reference periods of the reference year.

(6)

Comparability, including comparability between geographical areas, over time (break in series) and between statistical domains.

(7)

Coherence, including coherence within the domain with data from other sources, coherence with other statistical domains, coherence between annual and infra-annual statistics.

(8)

Cost and burden, including (where available) a quantitative/monetary and qualitative indication of the cost associated with the collection and production and the burden on respondents, and a description of recent or planned measures to improve cost efficiency and/or reduce respondent burden.

(9)

Metadata relating to statistical presentation and statistical processing, including information on (where applicable) concepts, definitions and classifications used, sources used, population frame, target population, frequency of data collection, survey type and data collection methods, scope (and limitations to the scope), sampling design and methodology, grossing-up procedures, treatment of confidential data and disclosure control.


(1)  OJ L 168, 30.6.2009, p. 50.


ANNEX II

Aggregate tables for the transmission of data listed in Annex I and Sections 1 and 3 of Annex II to Regulation (EU) No 692/2011

File structure and codification

Member States shall provide the data required by this Regulation in accordance with an exchange standard specified by the Commission (Eurostat). Data shall be provided to Eurostat through the single entry point or in such a way that the Commission (Eurostat) can retrieve it by electronic means.

Where reference is made to ‘identifiers’, this shall mean the identifiers specified by the Commission (Eurostat). The Commission (Eurostat) shall provide detailed documentation in relation to these identifiers and will supply supplementary guidance in relation to the exchange standard. Data that do not comply with the provisions for the exchange standard specified by the Commission (Eurostat) will be considered as not having been provided.

Each dataset shall contain the fields listed in this Annex.

Header

The purpose of the header is to identify the transmitted data series and it shall consist of three fields:

Reference period shall consist of seven characters, the first four identifying the year and the last three the period within the year. Examples: 2012A00 (annual data for 2012) or 2012M01 (monthly data for January 2012),

Country code shall consist of two characters, containing the two-character country code of the Member States transmitting the data. Examples: BE (Belgium), BG (Bulgaria), etc.,

Subject shall consist of one of the following identifiers of the dataset:

int_cap_annual

internal tourism — capacity of tourist accommodation establishments;

data listed in Section 1 of Annex I to Regulation (EU) No 692/2011

int_occ_annual

internal tourism — annual occupancy data (including estimate for below threshold establishments);

data listed in Section 2A of Annex I to Regulation (EU) No 692/2011

int_occ_mnight

internal tourism — monthly data on nights spent;

data listed in Section 2B of Annex I to Regulation (EU) No 692/2011

int_occ_marrno

internal tourism — monthly data on arrivals and net occupancy rates;

data listed in Section 2B of Annex I to Regulation (EU) No 692/2011

int_non_rented

internal tourism — annual data on nights spent in non-rented accommodation;

data listed in Section 4 of Annex I to Regulation (EU) No 692/2011

nat_dem_partic

national tourism — participation in tourism;

data listed in Section 1 of Annex II to Regulation (EU) No 692/2011

nat_dem_sdvout

national tourism — outbound same-day visits;

data listed in Section 3A of Annex II to Regulation (EU) No 692/2011

nat_dem_sdvdom

national tourism — domestic same-day visits;

data listed in Section 3B of Annex II to Regulation (EU) No 692/2011

Data

For each dataset, this entity shall contain the values for the variables and breakdowns and shall consist of six fields:

Variable shall contain the identifier for the variable,

Breakdown shall contain the identifier for the breakdown category or, where applicable, the combination of breakdown categories,

Unit shall contain the identifier for the unit of measurement,

Value shall contain the grossed up value for the population characteristic relating to the indicated variable and breakdown,

Flag shall contain flags for ‘data is cleared for dissemination’, ‘data is unreliable and shall not be used disseminated, but can be combined with other data in higher-level aggregate tables’ and for ‘data subject to primary or secondary confidentiality’,

Comment shall contain any short comment or metadata relating to one particular value (comments or footnotes relating to variables or breakdowns shall be mentioned under Notes).

Notes

For each dataset, this entity shall contain any explanatory notes, footnotes, metadata concerning one or more variables or breakdowns or general notes on the entire dataset, and shall consist of three fields:

Variable shall contain the identifier for the variable to which the note relates,

Breakdown shall contain the identifier for the breakdown category or, where applicable, the combination of breakdown categories to which the note relates,

Comment shall contain the free note that can be published as methodological notes or additional explanations in order to better understand the transmitted data.


ANNEX III

Micro-data files for the transmission of data listed in Section 2 of Annex II to Regulation (EU) No 692/2011

File structure and codification

Each observed trip shall be an individual record in the transmitted micro-data file. This micro-data file shall be fully checked, edited and, where necessary, imputed and shall follow the file structure and codification described in the table below. The Commission (Eurostat) will supply additional guidance in relation to the transmission format.

Data that does not respect the provisions for the exchange standard set out in this Annex will be considered as not having been sent.

Column

Identifier

Description

Filter/remarks

1/6

000001-999999

Sequence number of the trip

 

CHARACTERISTICS OF THE TRIP

7/8

 

Month of departure

 

 

01-24

Number of the month (January of the reference year = 01, December of the reference year = 12; January of previous calendar year = 13, December of previous calendar year = 24)

 

9/11

 

Duration of the trip in number of nights

 

 

001-366

Number of nights (3 digits)

 

12/14

 

Duration of the trip: number of nights spent on the domestic territory

Only for outbound trips;

Triennial variable, in the optional years: code = Blank

 

000-183

Number of nights (3 digits)

 

15/17

 

Main country of destination

 

 

001-999

Coding according to the country list in the methodological manual drawn up under Article 10 of Regulation (EU) No 692/2011

 

18

 

Main purpose of the trip

 

 

1

Private/personal purpose: leisure, recreation and holidays

 

 

2

Private/personal purpose: visiting relatives and friends

 

 

3

Private/personal purpose: other (e.g. health treatment, pilgrimage)

 

 

4

Professional/business purpose

 

19/24

 

Type of destination

Column 18 = [1, 2, 3];

Triennial variable, in the optional years: code = Blank

19

1

City = Yes

 

 

2

City = No

 

 

9

City = Not applicable (Column 18 = 4)

 

20

1

Seaside = Yes

 

 

2

Seaside = No

 

 

9

Seaside = Not applicable (Column 18 = 4)

 

21

1

Countryside (including lakeside, river, etc.) = Yes

 

 

2

Countryside (including lakeside, river, etc.) = No

 

 

9

Countryside (including lakeside, river, etc.) = Not applicable (Column 18 = 4)

 

22

1

Cruise ship = Yes

 

 

2

Cruise ship = No

 

 

9

Cruise ship = Not applicable (Column 18 = 4)

 

23

1

Mountains (highlands, hills, etc.) = Yes

 

 

2

Mountains (highlands, hills, etc.) = No

 

 

9

Mountains (highlands, hills, etc.) = Not applicable (Column 18 = 4)

 

24

1

Other = Yes

 

 

2

Other = No

 

 

9

Other = Not applicable (Column 18 = 4)

 

25

 

Participation of children

Column 18 = [1, 2, 3];

Triennial variable, in the optional years: code = Blank

 

1

Yes

 

 

2

No

 

 

9

Not applicable (Column 18 = 4)

 

26

 

Main means of transport

 

 

1

Air (flight services, scheduled or chartered, or other air services)

 

 

2

Waterway (passenger lines and ferries, cruises, pleasure boat, rented vessel, etc.)

 

 

3

Railway

 

 

4

Bus, coach (scheduled or non-scheduled)

 

 

5

Motor vehicle (private or rented)

 

 

6

Other (e.g. bicycle)

 

27

 

Main means of accommodation

 

 

1

Rented accommodation: hotels or similar establishments

 

 

2

Rented accommodation: campsites, caravan or trailer park (non-residential)

 

 

3

Rented accommodation: other rented accommodation (health establishments, youth hostels, marinas, etc.)

 

 

4

Non-rented accommodation: own holiday home

 

 

5

Non-rented accommodation: accommodation provided without charge by relatives or friends

 

 

6

Non-rented accommodation: other non-rented accommodation

 

28

 

Booking of the trip: use of a tour operator or travel agency to book the main means of transport

Triennial variable, in the optional years: code = Blank

 

1

Yes

 

 

2

No

 

 

9

Don’t know

 

29

 

Booking of the trip: use of a tour operator or travel agency to book the main means of accommodation

Triennial variable, in the optional years: code = Blank

 

1

Yes

 

 

2

No

 

 

9

Don’t know

 

30

 

Booking of the trip (independent)

Triennial variable, in the optional years: code = Blank

Column 28 = 2 and Column 29 = 2

 

1

The services were booked directly with the service provider

 

 

2

No booking was needed

 

 

9

Not applicable (Column 28 ≠ 2 or Column 29 ≠ 2)

 

31

 

Booking of the trip: package trip

Triennial variable, in the optional years: code = Blank

 

1

Yes

 

 

2

No

 

32

 

Booking of the trip: Internet booking of the main means of transport

Triennial variable, in the optional years: code = Blank

 

1

Yes

 

 

2

No

 

 

9

Don’t know

 

33

 

Booking of the trip: Internet booking of the main means of accommodation

Triennial variable, in the optional years: code = Blank

 

1

Yes

 

 

2

No

 

 

9

Don’t know

 

34/41

 

Expenditure of the individual tourist during the trip relating to transport

 

 

00000000-99999998

Amount in euro (8 digits)

 

42/49

 

Expenditure of the individual tourist during the trip relating to accommodation

 

 

00000000-99999998

Amount in euro (8 digits)

 

50/57

 

Expenditure of the individual tourist during the trip on food and drinks in cafés and restaurants

Optional variable, if not transmitted: code = Blank

 

00000000-99999998

Amount in euro (8 digits)

 

58/65

 

Other expenditure of the individual tourist during the trip (total other, including durables and valuable goods)

 

 

00000000-99999998

Amount in euro (8 digits)

 

66/73

 

Durables and valuable goods (subcategory of Other expenditure of the individual tourist during the trip)

 

 

00000000-99999998

Amount in euro (8 digits)

 

PROFILE OF THE VISITOR

74

 

Gender

 

 

1

Male

 

 

2

Female

 

75/77

 

Age

 

 

000-198

Number of completed years (3 digits)

 

78/79

 

Country of residence

 

 

 

The 2-digit country code (Belgium = BE, Bulgaria = BG, etc.)

 

80

 

Educational level

Optional variable, if not transmitted: code = Blank

 

1

Lower (ISCED 0, 1 or 2)

 

 

2

Middle (ISCED 3 or 4)

 

 

3

Higher (ISCED 5 or 6)

 

81

 

Employment situation

Optional variable, if not transmitted: code = Blank

 

1

Employed (employee or self-employed)

 

 

2

Unemployed

 

 

3

Student (or pupil)

 

 

4

Other not in the labour force

 

82

 

Household income in quartiles

Optional variable, if not transmitted: code = Blank

 

1

First quartile

 

 

2

Second quartile

 

 

3

Third quartile

 

 

4

Fourth quartile

 

GROSSING-UP FACTOR

83/91

 

Grossing-up factor from sample to population

 

 

000000-999999

Columns 83 to 88 contain integers

 

 

000-999

Columns 89 to 91 contain decimal places

 


21.10.2011   

EN

Official Journal of the European Union

L 276/22


COMMISSION IMPLEMENTING REGULATION (EU) No 1052/2011

of 20 October 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 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

63,0

EC

31,1

MA

47,8

MK

53,8

ZA

35,6

ZZ

46,3

0707 00 05

TR

142,5

ZZ

142,5

0709 90 70

EC

33,4

TR

142,5

ZZ

88,0

0805 50 10

AR

58,4

CL

60,5

TR

72,6

UY

56,8

ZA

82,3

ZZ

66,1

0806 10 10

BR

199,8

CL

71,4

MK

110,6

TR

128,2

ZA

66,0

ZZ

115,2

0808 10 80

AR

61,9

BR

86,4

CA

105,4

CL

56,8

CN

58,0

NZ

116,1

US

82,9

ZA

85,8

ZZ

81,7

0808 20 50

AR

50,6

CN

48,1

TR

124,7

ZZ

74,5


(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


21.10.2011   

EN

Official Journal of the European Union

L 276/24


COMMISSION IMPLEMENTING REGULATION (EU) No 1053/2011

of 20 October 2011

on the issue of import licences and the allocation of import rights for applications lodged during the first seven days of October 2011 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat

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 (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 616/2007 (3) opened tariff quotas for imports of poultrymeat products originating in Brazil, Thailand and other third countries.

(2)

The applications for import licences lodged in respect of Groups Nos 1, 2, 4, 6, 7 and 8 during the first seven days of October 2011 for the subperiod from 1 January to 31 March 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested.

(3)

The applications for import rights lodged during the first seven days of October 2011 for the subperiod from 1 January to 31 March 2012 in respect of Group No 5 relate to quantities exceeding those available. The extent to which import rights may be allocated should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod from 1 January to 31 March 2012 in respect of Groups Nos 1, 2, 4, 6, 7 and 8 shall be multiplied by the allocation coefficients set out in the Annex hereto.

2.   The quantities for which import rights applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod from 1 January to 31 March 2012 in respect of Group No 5 shall be multiplied by the allocation coefficient set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 238, 1.9.2006, p. 13.

(3)  OJ L 142, 5.6.2007, p. 3.


ANNEX

Group No

Order No

Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2012 to 31.3.2012

(%)

1

09.4211

0,502027

6

09.4216

0,609967


Group No

Order No

Allocation coefficient for import rights applications lodged for the subperiod from 1.1.2012 to 31.3.2012

(%)

5

09.4215

1,344087


21.10.2011   

EN

Official Journal of the European Union

L 276/26


COMMISSION IMPLEMENTING REGULATION (EU) No 1054/2011

of 20 October 2011

on the issue of import licences for applications submitted in the first seven days of October 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009

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 (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.

(2)

Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 October 2011 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,

HAS ADOPTED THIS REGULATION:

Article 1

Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 October 2011 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 0,446549 %.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 238, 1.9.2006, p. 13.

(3)  OJ L 182, 15.7.2009, p. 25.


21.10.2011   

EN

Official Journal of the European Union

L 276/27


COMMISSION IMPLEMENTING REGULATION (EU) No 1055/2011

of 20 October 2011

fixing the export refunds on milk and milk products

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 164(2) and Article 170, in conjunction with Article 4, thereof,

Whereas:

(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVI of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.

(2)

Given the present situation on the market in milk and milk products, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that export refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products that comply with the requirements of Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2).

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 709/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

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

Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation, subject to the conditions provided for in Article 3 of Regulation (EC) No 1187/2009.

Article 2

Implementing Regulation (EU) No 709/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 318, 4.12.2009, p. 1.

(3)  OJ L 190, 21.7.2011, p. 57.


ANNEX

Export refunds on milk and milk products applicable from 21 October 2011

Product code

Destination

Unit of measurement

Refunds

0401 30 31 9100

L20

EUR/100 kg

0,00

0401 30 31 9400

L20

EUR/100 kg

0,00

0401 30 31 9700

L20

EUR/100 kg

0,00

0401 30 39 9100

L20

EUR/100 kg

0,00

0401 30 39 9400

L20

EUR/100 kg

0,00

0401 30 39 9700

L20

EUR/100 kg

0,00

0401 30 91 9100

L20

EUR/100 kg

0,00

0401 30 99 9100

L20

EUR/100 kg

0,00

0401 30 99 9500

L20

EUR/100 kg

0,00

0402 10 11 9000

L20

EUR/100 kg

0,00

0402 10 19 9000

L20

EUR/100 kg

0,00

0402 10 99 9000

L20

EUR/100 kg

0,00

0402 21 11 9200

L20

EUR/100 kg

0,00

0402 21 11 9300

L20

EUR/100 kg

0,00

0402 21 11 9500

L20

EUR/100 kg

0,00

0402 21 11 9900

L20

EUR/100 kg

0,00

0402 21 17 9000

L20

EUR/100 kg

0,00

0402 21 19 9300

L20

EUR/100 kg

0,00

0402 21 19 9500

L20

EUR/100 kg

0,00

0402 21 19 9900

L20

EUR/100 kg

0,00

0402 21 91 9100

L20

EUR/100 kg

0,00

0402 21 91 9200

L20

EUR/100 kg

0,00

0402 21 91 9350

L20

EUR/100 kg

0,00

0402 21 99 9100

L20

EUR/100 kg

0,00

0402 21 99 9200

L20

EUR/100 kg

0,00

0402 21 99 9300

L20

EUR/100 kg

0,00

0402 21 99 9400

L20

EUR/100 kg

0,00

0402 21 99 9500

L20

EUR/100 kg

0,00

0402 21 99 9600

L20

EUR/100 kg

0,00

0402 21 99 9700

L20

EUR/100 kg

0,00

0402 29 15 9200

L20

EUR/100 kg

0,00

0402 29 15 9300

L20

EUR/100 kg

0,00

0402 29 15 9500

L20

EUR/100 kg

0,00

0402 29 19 9300

L20

EUR/100 kg

0,00

0402 29 19 9500

L20

EUR/100 kg

0,00

0402 29 19 9900

L20

EUR/100 kg

0,00

0402 29 99 9100

L20

EUR/100 kg

0,00

0402 29 99 9500

L20

EUR/100 kg

0,00

0402 91 10 9370

L20

EUR/100 kg

0,00

0402 91 30 9300

L20

EUR/100 kg

0,00

0402 91 99 9000

L20

EUR/100 kg

0,00

0402 99 10 9350

L20

EUR/100 kg

0,00

0402 99 31 9300

L20

EUR/100 kg

0,00

0403 90 11 9000

L20

EUR/100 kg

0,00

0403 90 13 9200

L20

EUR/100 kg

0,00

0403 90 13 9300

L20

EUR/100 kg

0,00

0403 90 13 9500

L20

EUR/100 kg

0,00

0403 90 13 9900

L20

EUR/100 kg

0,00

0403 90 33 9400

L20

EUR/100 kg

0,00

0403 90 59 9310

L20

EUR/100 kg

0,00

0403 90 59 9340

L20

EUR/100 kg

0,00

0403 90 59 9370

L20

EUR/100 kg

0,00

0404 90 21 9120

L20

EUR/100 kg

0,00

0404 90 21 9160

L20

EUR/100 kg

0,00

0404 90 23 9120

L20

EUR/100 kg

0,00

0404 90 23 9130

L20

EUR/100 kg

0,00

0404 90 23 9140

L20

EUR/100 kg

0,00

0404 90 23 9150

L20

EUR/100 kg

0,00

0404 90 81 9100

L20

EUR/100 kg

0,00

0404 90 83 9110

L20

EUR/100 kg

0,00

0404 90 83 9130

L20

EUR/100 kg

0,00

0404 90 83 9150

L20

EUR/100 kg

0,00

0404 90 83 9170

L20

EUR/100 kg

0,00

0405 10 11 9500

L20

EUR/100 kg

0,00

0405 10 11 9700

L20

EUR/100 kg

0,00

0405 10 19 9500

L20

EUR/100 kg

0,00

0405 10 19 9700

L20

EUR/100 kg

0,00

0405 10 30 9100

L20

EUR/100 kg

0,00

0405 10 30 9300

L20

EUR/100 kg

0,00

0405 10 30 9700

L20

EUR/100 kg

0,00

0405 10 50 9500

L20

EUR/100 kg

0,00

0405 10 50 9700

L20

EUR/100 kg

0,00

0405 10 90 9000

L20

EUR/100 kg

0,00

0405 20 90 9500

L20

EUR/100 kg

0,00

0405 20 90 9700

L20

EUR/100 kg

0,00

0405 90 10 9000

L20

EUR/100 kg

0,00

0405 90 90 9000

L20

EUR/100 kg

0,00

0406 10 20 9640

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 10 20 9650

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 10 20 9830

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 10 20 9850

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9913

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9915

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9917

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 20 90 9919

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 31 9730

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 31 9930

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 31 9950

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9500

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9700

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9930

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 30 39 9950

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 40 50 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 40 90 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 13 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 15 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 17 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 21 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 23 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 25 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 27 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 29 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 29 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 32 9119

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 35 9190

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 35 9990

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 37 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 61 9000

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 63 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 63 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 69 9910

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 73 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 75 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 76 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 76 9400

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 76 9500

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 78 9100

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 78 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 79 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 81 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 85 9930

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 85 9970

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 86 9200

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 86 9400

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 86 9900

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9400

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9951

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9971

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9973

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9974

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9975

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 87 9979

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 88 9300

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

0406 90 88 9500

L04

EUR/100 kg

0,00

L40

EUR/100 kg

0,00

The destinations are defined as follows:

L20

:

All destinations with the exception of:

(a)

third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America;

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar

(d)

(d) the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).

L04

:

Albania, Bosnia and Herzegovina, Serbia, Kosovo (), Montenegro and the former Yugoslav Republic of Macedonia.

L40

:

All destinations with the exception of:

(a)

third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa;

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

(d)

the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).


(1)  As defined by United Nations Security Council Resolution 1244 of 10 June 1999.


21.10.2011   

EN

Official Journal of the European Union

L 276/31


COMMISSION IMPLEMENTING REGULATION (EU) No 1056/2011

of 20 October 2011

fixing the export refunds on poultrymeat

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 (1), and in particular Article 164(2) and Article 170, in conjunction with Article 4, thereof

Whereas:

(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XX of Annex I to that Regulation and prices in the Union for those products may be covered by an export refund.

(2)

In view of the current situation on the market in poultrymeat, export refunds should be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products which are authorised to move freely in the Union and bear the identification mark provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3).

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 946/2011 (4). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

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

1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2.   The products eligible for a refund under paragraph 1 shall meet the relevant requirements under Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the identification marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004.

Article 2

Implementing Regulation (EU) No 946/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 139, 30.4.2004, p. 55.

(3)  OJ L 139, 30.4.2004, p. 1.

(4)  OJ L 246, 23.9.2011, p. 24.


ANNEX

Export refunds on poultrymeat applicable from 21 October 2011

Product code

Destination

Unit of measurement

Amount of refund

0105 11 11 9000

A02

EUR/100 pcs

0,00

0105 11 19 9000

A02

EUR/100 pcs

0,00

0105 11 91 9000

A02

EUR/100 pcs

0,00

0105 11 99 9000

A02

EUR/100 pcs

0,00

0105 12 00 9000

A02

EUR/100 pcs

0,00

0105 19 20 9000

A02

EUR/100 pcs

0,00

0207 12 10 9900

V03

EUR/100 kg

32,50

0207 12 90 9190

V03

EUR/100 kg

32,50

0207 12 90 9990

V03

EUR/100 kg

32,50

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The other destinations are defined as follows:

V03:

A24, Angola, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Jordan, Yemen, Lebanon, Iraq and Iran.


21.10.2011   

EN

Official Journal of the European Union

L 276/33


COMMISSION IMPLEMENTING REGULATION (EU) No 1057/2011

of 20 October 2011

fixing the export refunds on eggs

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 (1), and in particular Article 164(2), and Article 170, in conjunction with Article 4 thereof,

Whereas:

(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XIX of Annex I to that Regulation and prices in the Union for those products may be covered by an export refund.

(2)

In view of the current situation on the market in eggs, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products which are authorised to move freely within the Union and comply with requirements under Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), as well as marking requirements under point A of Annex XIV to Regulation (EC) No 1234/2007.

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 710/2011 (4). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

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

1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2.   The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004 and those defined in point A of Annex XIV to Regulation (EC) No 1234/2007.

Article 2

Implementing Regulation (EU) No 710/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 139, 30.4.2004, p. 1.

(3)  OJ L 139, 30.4.2004, p. 55.

(4)  OJ L 190, 21.7.2011, p. 61.


ANNEX

Export refunds on eggs applicable from 21 October 2011

Product code

Destination

Unit of measurement

Amount of refund

0407 00 11 9000

A02

EUR/100 pcs

0,00

0407 00 19 9000

A02

EUR/100 pcs

0,00

0407 00 30 9000

E09

EUR/100 kg

0,00

E10

EUR/100 kg

19,00

E19

EUR/100 kg

0,00

0408 11 80 9100

A03

EUR/100 kg

63,00

0408 19 81 9100

A03

EUR/100 kg

20,00

0408 19 89 9100

A03

EUR/100 kg

20,00

0408 91 80 9100

A03

EUR/100 kg

23,50

0408 99 80 9100

A03

EUR/100 kg

5,90

NB: The product codes and the “A” series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The other destinations are defined as follows:

E09

:

Kuwait, Bahrain, Oman, Qatar, the United Arab Emirates, Yemen, Hong Kong SAR, Russia and Turkey.

E10

:

South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines.

E19

:

all destinations except Switzerland and those of E09 and E10.


21.10.2011   

EN

Official Journal of the European Union

L 276/35


COMMISSION IMPLEMENTING REGULATION (EU) No 1058/2011

of 20 October 2011

fixing the export refunds on pigmeat

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 164(2), and Article 170, in conjunction with Article 4 thereof,

Whereas:

(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVII of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.

(2)

Given the present situation on the market in pigmeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

Refunds should be granted only on products that are allowed to move freely in the Union and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 712/2011 (5). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

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

1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the condition provided for in paragraph 2 of this Article.

2.   The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.

Article 2

Implementing Regulation (EU) No 712/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 139, 30.4.2004, p. 55.

(3)  OJ L 139, 30.4.2004, p. 1.

(4)  OJ L 139, 30.4.2004, p. 206.

(5)  OJ L 190, 21.7.2011, p. 65.


ANNEX

Export refunds on pigmeat applicable from 21 October 2011

Product code

Destination

Unit of measurement

Amount of refund

0210 11 31 9110

A00

EUR/100 kg

54,20

0210 11 31 9910

A00

EUR/100 kg

54,20

0210 19 81 9100

A00

EUR/100 kg

54,20

0210 19 81 9300

A00

EUR/100 kg

54,20

1601 00 91 9120

A00

EUR/100 kg

19,50

1601 00 99 9110

A00

EUR/100 kg

15,20

1602 41 10 9110

A00

EUR/100 kg

29,00

1602 41 10 9130

A00

EUR/100 kg

17,10

1602 42 10 9110

A00

EUR/100 kg

22,80

1602 42 10 9130

A00

EUR/100 kg

17,10

1602 49 19 9130

A00

EUR/100 kg

17,10

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).


21.10.2011   

EN

Official Journal of the European Union

L 276/37


COMMISSION IMPLEMENTING REGULATION (EU) No 1059/2011

of 20 October 2011

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

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 (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 1038/2011 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 178, 1.7.2006, p. 24.

(3)  OJ L 254, 30.9.2011, p. 12.

(4)  OJ L 271, 18.10.2011, p. 46.


ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 21 October 2011

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10 (1)

48,08

0,00

1701 11 90 (1)

48,08

0,48

1701 12 10 (1)

48,08

0,00

1701 12 90 (1)

48,08

0,18

1701 91 00 (2)

51,45

2,03

1701 99 10 (2)

51,45

0,00

1701 99 90 (2)

51,45

0,00

1702 90 95 (3)

0,51

0,21


(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.


21.10.2011   

EN

Official Journal of the European Union

L 276/39


COMMISSION IMPLEMENTING REGULATION (EU) No 1060/2011

of 20 October 2011

fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

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 143 thereof,

Having regard to Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin (2), and in particular Article 3(4) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices for poultrymeat and egg products and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. The representative prices should therefore be published.

(3)

In view of the situation on the market, this amendment should be applied as soon as possible.

(4)

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

Annex I to Regulation (EC) No 1484/95 is replaced by 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, 20 October 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 181, 14.7.2009, p. 8.

(3)  OJ L 145, 29.6.1995, p. 47.


ANNEX

to the Commission Regulation of 20 October 2011 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

‘ANNEX I

CN code

Description of goods

Representative price

(EUR/100 kg)

Security under Article 3(3)

(EUR/100 kg)

Origin (1)

0207 12 10

Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

120,6

0

AR

0207 12 90

Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

143,6

0

BR

132,8

0

AR

0207 14 10

Fowls of the species Gallus domesticus, boneless cuts, frozen

223,4

23

BR

261,3

12

AR

336,8

0

CL

0207 27 10

Turkeys, boneless cuts, frozen

318,5

0

BR

422,5

0

CL

0408 11 80

Egg yolks

303,5

2

AR

0408 91 80

Eggs, not in shell, dried

313,9

0

AR

1602 32 11

Preparations of fowls of the species Gallus domesticus, uncooked

284,4

1

BR

372,8

0

CL

3502 11 90

Egg albumin, dried

495,0

0

AR


(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). The code “ZZ” represents “other origins”.’


21.10.2011   

EN

Official Journal of the European Union

L 276/41


COMMISSION IMPLEMENTING REGULATION (EU) No 1061/2011

of 20 October 2011

fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty

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 164(2) thereof,

Whereas:

(1)

Article 162(1)b of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(p) and listed in Part XVI of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part IV of Annex XX to that Regulation.

(2)

Commission Regulation (EU) No 578/2010 of 29 June 2010 implementing Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007.

(3)

In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

(4)

Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

(5)

In the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

(6)

Article 15(2) of Regulation (EU) No 578/2010 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the agricultural markets to the basic products listed in Annex I to Regulation (EU) No 578/2010 or to assimilated products.

(7)

Article 100(1) of Regulation (EC) No 1234/2007 provides for the payment of aid for Union-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

(8)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 713/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XVI of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part IV of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 713/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

Heinz ZOUREK

Director-General for Enterprise and Industry


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 171, 6.7.2010, p. 1.

(3)  OJ L 190, 21.7.2011, p. 67.


ANNEX

Rates of the refunds applicable from 21 October 2011 to certain milk products exported in the form of goods not covered by Annex I to the Treaty  (1)

(EUR/100 kg)

CN code

Description

Rate of refund

In case of advance fixing of refunds

Other

ex 0402 10 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2):

 

 

(a)

on exportation of goods of CN code 3501

(b)

on exportation of other goods

0,00

0,00

ex 0402 21 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content of 26 % by weight (PG 3)

0,00

0,00

ex 0405 10

Butter, with a fat content by weight of 82 % (PG 6):

 

 

(a)

on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat

0,00

0,00

(b)

on exportation of other goods

0,00

0,00


(1)  The rates set out in this Annex are not applicable to exports to:

(a)

third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, the United States of America and the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation.

(b)

territories of EU Member States not forming part of the customs territory of the Community: Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

(d)

the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).


21.10.2011   

EN

Official Journal of the European Union

L 276/44


COMMISSION IMPLEMENTING REGULATION (EU) No 1062/2011

of 20 October 2011

fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

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 market and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2) thereof,

Whereas:

(1)

Article 162(1)(b) of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(s) and listed in Part XIX of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part V of Annex XX to that Regulation.

(2)

Commission Regulation (EU) No 578/2010 of 29 June 2010 implementing Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007.

(3)

In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

(4)

Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

(5)

The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 714/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

(6)

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

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XIX of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 714/2011 is hereby repealed.

Article 3

This Regulation shall enter into force on 21 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2011.

For the Commission, On behalf of the President,

Heinz ZOUREK

Director-General for Enterprise and Industry


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 171, 6.7.2010, p. 1.

(3)  OJ L 190, 21.7.2011, p. 70.


ANNEX

Rates of the refunds applicable from 21 October 2011 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

(EUR/100 kg)

CN code

Description

Destination (1)

Rate of refund

0407 00

Birds' eggs, in shell, fresh, preserved or cooked:

 

 

– Of poultry:

 

 

0407 00 30

– – Other:

 

 

(a)

On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

02

0,00

03

19,00

04

0,00

(b)

On exportation of other goods

01

0,00

0408

Birds' eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

 

 

– Egg yolks:

 

 

0408 11

– – Dried:

 

 

ex 0408 11 80

– – – Suitable for human consumption:

 

 

not sweetened

01

63,00

0408 19

– – Other:

 

 

– – – Suitable for human consumption:

 

 

ex 0408 19 81

– – – – Liquid:

 

 

not sweetened

01

20,00

ex 0408 19 89

– – – – Frozen:

 

 

not sweetened

01

20,00

– Other:

 

 

0408 91

– – Dried:

 

 

ex 0408 91 80

– – – Suitable for human consumption:

 

 

not sweetened

01

23,50

0408 99

– – Other:

 

 

ex 0408 99 80

– – – Suitable for human consumption:

 

 

not sweetened

01

5,90


(1)  The destinations are as follows:

01

Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972,

02

Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia,

03

South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines,

04

all destinations except Switzerland and those of 02 and 03.


DECISIONS

21.10.2011   

EN

Official Journal of the European Union

L 276/46


COUNCIL DECISION 2011/697/CFSP

of 20 October 2011

amending Decision 2011/621/CFSP extending the mandate of the European Union Special Representative to the African Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 6 December 2007, the Council adopted Joint Action 2007/805/CFSP (1) appointing Mr Koen VERVAEKE as European Union Special Representative (EUSR) to the African Union (AU).

(2)

On 21 September 2011, the Council adopted Decision 2011/621/CFSP (2) extending the mandate of the EUSR until 30 June 2012.

(3)

A new EUSR to the AU should be appointed for the period from 1 November 2011 until 30 June 2012.

(4)

Decision 2011/621/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Decision 2011/621/CFSP is replaced by the following:

‘Article 1

European Union Special Representative

1.   The mandate of Mr Koen VERVAEKE as EUSR to the AU is hereby extended until 31 October 2011.

2.   Mr Gary QUINCE is hereby appointed as EUSR to the AU for the period from 1 November 2011 until 30 June 2012.

3.   The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).’.

Article 2

Entry into force

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

Done at Luxembourg, 20 October 2011.

For the Council

The President

M. SAWICKI


(1)  OJ L 323, 8.12.2007, p. 45.

(2)  OJ L 243, 21.9.2011, p. 19.


21.10.2011   

EN

Official Journal of the European Union

L 276/47


COUNCIL IMPLEMENTING DECISION 2011/698/CFSP

of 20 October 2011

implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 5 thereof,

Whereas:

(1)

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

(2)

On 4 October 2011, the United Nations Security Council Committee, established pursuant to paragraph 30 of Security Council Resolution 1988 (2011), approved the addition of three persons to the list of individuals, groups, undertakings and entities subject to restrictive measures.

(3)

The Annex to Decision 2011/486/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2011/486/CFSP.

Article 2

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

Done at Luxembourg, 20 October 2011.

For the Council

The President

M. SAWICKI


(1)  OJ L 199, 2.8.2011, p. 57.


ANNEX

LIST OF PERSONS REFERRED TO IN ARTICLE 1

(1)

Faizullah Noorzai Akhtar Mohammed Mira Khan (alias: (a) Hajji Faizullah Khan Noorzai, (b) Haji Faizuulah Khan Norezai, (c) Haji Faizullah Khan, (d) Haji Fiazullah Khan, (e) Haji Faizullah Khan Noori, (f) Haji Faizullah Noor, (g) Haji Pazullah Noorzai, (h) Haji Mullah Faizullah).

Title: Haji. Address: Boghra Road, Miralzei Village, Chaman, Baluchistan Province, Pakistan.

Date of birth: (a) 1962, (b) 1961, (c) between 1968 and 1970.

Place of birth: (a) Lowy Kariz, Spin Boldak District, Kandahar Province, Afghanistan, (b) Kadanay, Spin Boldak District Kandahar Province, Afghanistan. Nationality: Afghan.

Other information: (a) Prominent Taliban financier. (b) As of mid-2009, supplied weapons, ammunition, explosives and medical equipment to Taliban fighters; raised funds for the Taliban, and provided training to them, in the Afghanistan/Pakistan border region. (c) Has previously organized and funded Taliban operations in Kandahar Province, Afghanistan. (d) As of 2010, travelled to and owned businesses in Dubai, United Arab Emirates, and Japan. (e) Belongs to Nurzai tribe, Miralzai sub-tribe. (f) Brother of Malik Noorzai. (g) Father's name is Akhtar Mohammed (alias: Haji Mira Khan).

Date of UN designation: 04.10.2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Faizullah Noorzai Akhtar Mohammed Mira Khan has served as a prominent Taliban financier with whom senior Taliban leaders invested funds. He has collected over USD 100 000 for the Taliban from donors in the Gulf and in 2009 gave a portion of his own money. He also financially supported a Taliban commander in Kandahar Province and has provided funding to assist with training Taliban and Al-Qaida fighters who were to conduct attacks against Coalition and Afghan military forces. As of mid-2005, Faizullah organized and funded Taliban operations in Kandahar Province, Afghanistan. In addition to his financial support, Faizullah has otherwise facilitated Taliban training and operations. As of mid-2009, Faizullah supplied weapons, ammunition, explosives, and medical equipment to Taliban fighters from southern Afghanistan. In mid-2008, Faizullah was responsible for housing Taliban suicide bombers and moving them from Pakistan into Afghanistan. Faizullah has also provided anti-aircraft missiles to the Taliban, helped move Taliban fighters around Helmand Province, Afghanistan, facilitated Taliban suicide bombing operations and given radios and vehicles to Taliban members in Pakistan.

As of mid-2009, Faizullah operated a madrassa (religious school) in the Afghanistan/Pakistan border region, where tens of thousands of dollars were raised for the Taliban. Faizullah's madrassa grounds were used to provide training to Taliban fighters in the construction and use of improvised explosive devices (IEDs). As of late 2007, Faizullah's madrassa was used to train Al-Qaida fighters who were later sent to Kandahar Province, Afghanistan.

In 2010, Faizullah maintained offices and possibly owned properties, including hotels, in Dubai, the United Arab Emirates. Faizullah regularly travelled to Dubai and Japan with his brother, Malik Noorzai (TI.N.154.11), to import cars, auto parts and clothing. As of early 2006, Faizullah owned businesses in Dubai and Japan.

(2)

Malik Noorzai (alias: (a) Hajji Malik Noorzai, (b) Hajji Malak Noorzai, (c) Haji Malek Noorzai, (d) Haji Maluk, (e) Haji Aminullah).

Title: Haji. Date of Birth: (a) 1957, (b) 1960.

Nationality: Afghan.

Other information: (a) Taliban financier. (b) Owns businesses in Japan and frequently travels to Dubai, United Arab Emirates, and Japan. (c) As of 2009, facilitated Taliban activities, including through recruitment and the provision of logistical support. (d) Believed to be in the Afghanistan/Pakistan border area. (e) Belongs to Nurzai tribe. (f) Brother of Faizullah Noorzai Akhtar Mohammed Mira Khan.

Date of UN designation: 04.10.2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Malik Noorzai is a Pakistan-based businessman who has provided financial support to the Taliban. Malik and his brother, Faizullah Noorzai Akhtar Mohammed Mira Khan (TI.M.153.11), have invested millions of dollars in various businesses for the Taliban. In late 2008, Taliban representatives approached Malik as a businessman with whom to invest Taliban funds. Since at least 2005, Malik has also personally contributed tens of thousands of dollars and distributed hundreds of thousands of dollars to the Taliban, some of which was collected from donors in the Gulf region and Pakistan and some of which was Malik's own money. Malik also handled a hawala account in Pakistan that received tens of thousands of dollars transferred from the Gulf every few months to support Taliban activities. Malik has also facilitated Taliban activities. As of 2009, Malik had served for 16 years as the chief caretaker of a madrassa (religious school), in the Afghanistan/Pakistan border region, that was used by the Taliban to indoctrinate and train recruits. Among other things, Malik delivered the funds that supported the madrassa. Malik, along with his brother, has also played a role in storing vehicles to be used in Taliban suicide bombing operations and has helped move Taliban fighters around Helmand Province, Afghanistan. Malik owns businesses in Japan and frequently visits Dubai and Japan for business. As early as 2005, Malik owned a vehicle import business in Afghanistan that imported vehicles from Dubai and Japan. He has imported cars, auto parts and clothing from Dubai and Japan for his businesses, in which two Taliban commanders have invested. In mid-2010, Malik and his brother secured the release of hundreds of cargo containers, reportedly worth millions of dollars, which Pakistani authorities seized earlier that year because they believed the recipients had a connection to terrorism.

(3)

Abdul Aziz Abbasin (alias: Abdul Aziz Mahsud).

Date of Birth: 1969.

Place of Birth: Sheykhan Village, Pirkowti Area, Orgun District, Paktika Province, Afghanistan.

Other information: Key commander in the Haqqani Network under Sirajuddin Jallaloudine Haqqani (TI.H.144.07.). Taliban Shadow Governor of Orgun District, Paktika Province, Afghanistan as of early 2010. Operated a training camp for non-Afghan fighters in Paktika Province. Has been involved in the transport of weapons to Afghanistan.

Date of UN designation: 04.10.2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Abdul Aziz Abbasin is a key commander in the Haqqani Network, a Taliban-affiliated group of militants that operates from Eastern Afghanistan and North Waziristan Agency in the Federally Administered Tribal Areas of Pakistan. As of early 2010, Abbasin received orders from Sirajuddin Haqqani (TI.H.144.07) and was appointed by him to serve as the Taliban shadow governor of Orgun District, Paktika Province, Afghanistan. Abbasin commands a group of Taliban fighters and has assisted in running a training camp for foreign fighters based in Paktika Province. Abbasin has also been involved in ambushing vehicles supplying Afghan government forces and in the transport of weapons to Afghanistan.


21.10.2011   

EN

Official Journal of the European Union

L 276/50


COUNCIL IMPLEMENTING DECISION 2011/699/CFSP

of 20 October 2011

implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo (1), and in particular Article 6 thereof,

Whereas:

(1)

On 20 December 2010, the Council adopted Decision 2010/788/CFSP.

(2)

On 8 July 2011, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) concerning the Democratic Republic of the Congo, updated the list of individuals, groups, undertakings and entities subject to restrictive measures. The Annex to Decision 2010/788/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2010/788/CFSP shall be replaced by the text set out in the Annex to this Decision.

Article 2

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

Done at Luxembourg, 20 October 2011.

For the Council

The President

M. SAWICKI


(1)  OJ L 336, 21.12.2010, p. 30.


ANNEX

‘ANNEX

a)

List of persons referred to in Articles 3, 4 and 5

Name

Alias

Date of birth/place of birth

Identifying information

Reasons

Date of designation

Frank Kakolele BWAMBALE

Frank Kakorere

Frank Kakorere Bwambale

 

Congolese

FARDC General, without posting as of June 2011.

Left the CNDP in January 2008. As of June 2011, resides in Kinshasa.

Since 2010, Kakolele has been involved in activities apparently on behalf of the DRC government’s Programme de Stabilisation et Reconstruction des Zones Sortant des Conflits Armés (STAREC), including participation in a STAREC mission to Goma and Beni in March 2011.

Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo.

1.11.2005

Gaston IYAMUREMYE

Rumuli

Byiringiro Victor Rumuli

Victor Rumuri

Michel Byiringiro

1948

Musanze District (Northern Province), Rwanda

Ruhengeri, Rwanda

Rwandan

FDLR President and 2nd Vice-President of FDLR-FOCA

As of June 2011, based at Kalonge, North Kivu Province.

Brigadier General

According to multiple sources, including the UNSC DRC Sanctions Committee’s Group of Experts, Gaston Iyamuremye is the second vice president of the FDLR and is considered a core member of the FDLR military and political leadership. Gaston Iyamuremye also ran Ignace Murwanashyaka’s (President of the FDLR) office in Kibua, DRC until December 2009.

1.12.2010

Jérôme KAKWAVU BUKANDE

Jérôme Kakwavu

Commandant Jérôme

Goma

Congolese

Given the rank of General in the FARDC in December 2004.

As of June 2011, detained in Makala Prison in Kinshasa. On 25 March 2011, the High Military Court in Kinshasa opened a trial against Kakwavu for war crimes.

Former President of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC - a key transit route for arms flows. exercised influence over policies and command and control over the activities of FAPC forces, which were involved in arms trafficking and, consequently, in violations of the arms embargo. Given the rank of General in the FARDC in December 2004.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002.

One of five senior FARDC officers who had been accused of serious crimes involving sexual violence and whose cases the Security Council had brought to the Government’s attention during its visit in 2009.

1.11.2005

Germain KATANGA

 

 

Congolese

Appointed General in the FARDC in December 2004.

Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007. His trial began in November 2009.

FRPI chief. Involved in weapons transfers, in violation of the arms embargo.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003.

1.11.2005

Thomas LUBANGA

 

Ituri

Congolese

Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations.

Transferred to the ICC by the Congolese authorities on 17 March 2006.

His trial began in January 2009 and is due to close in 2011.

President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003.

1.11.2005

Khawa Panga MANDRO

Kawa Panga

Kawa Panga Mandro

Kawa Mandro

Yves Andoul Karim

Mandro Panga Kahwa

Yves Khawa Panga Mandro

“Chief Kahwa”

“Kawa”

20 August 1973, Bunia

Congolese

Placed in prison in Bunia in April 2005 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery.

As of June 2011 detained at Makala Central Prison, Kinshasa.

Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Res. 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children from 2001 to 2002.

1.11.2005

Callixte MBARUSHIMANA

 

24 July 1963, Ndusu/Ruhen geri Northern Province, Rwanda

Rwandan

Arrested in Paris on 3 October 2010 under ICC warrant for war crimes and crimes against humanity committed by FDLR troops in the Kivus in 2009 and transferred to The Hague on 25 January 2011.

Executive Secretary of the FDLR and Vice-President of the FDLR military high command until his arrest.

Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council resolution 1857 (2008) OP 4 (b).

3.3.2009

Iruta Douglas MPAMO

Mpano

Douglas Iruta Mpamo

28 December 1965, Bashali, Masisi

29 December 1965, Goma, DRC (formerly Zaire)

Uvira

Congolese

As of June 2011, resides in Gisenyi, Rwanda.

No known occupation since two of the planes managed by Great Lakes Business Company (GLBC) crashed.

Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo.

1.11.2005

Sylvestre MUDACUMURA

Known as:

"Radja"

"Mupenzi Bernard"

"General Major Mupenzi"

“General Mudacumura”

 

Rwandan

Military commander of FDLR-FOCA, also political 1st Vice- President and head of FOCA High Command, thus combining overall military and political command functions since the arrests of FDLR leaders in Europe.

As of June 2011, based at Kikoma forest, near Bogoyi, Walikale, North Kivu.

FDLR commander, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.

Mudacumura (or staff) was in telephone communication with FDLR leader Murwanashyaka in Germany, including at the time of the Busurungi Massacre May 2009, and military commander Major Guillaume during Umoja Wetu and Kimia II operations in 2009.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 27 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2007.

1.11.2005

Leodomir MUGARAGU

Manzi Leon

Leo Manzi

1954

1953

Kigali, Rwanda

Rushashi (Northern Province), Rwanda

Rwandan

FDLR-FOCA Chief of Staff, in charge of administration.

As of June 2011, based at the FDLR HQ at Kikoma forest, Bogoyi, Walikale, North Kivu.

According to open-source and official reporting, Leodomir Mugaragu is the Chief of Staff of the Forces Combattantes Abucunguzi/Combatant Force for the Liberation of Rwanda (FOCA), the FDLR’s armed wing. According to official reporting Mugaragu is a senior planner for FDLR’s military operations in the eastern DRC.

1.12.2010

Leopold MUJYAMBERE

Musenyeri

Achille

Frere Petrus Ibrahim

17 March 1962, Kigali, Rwanda

Est. 1966

Rwandan

As of June 2011, Commander of the South Kivu operational sector now called ‘Amazon’ of FDLRFOCA.

Based at Nyakaleke (south-east of Mwenga, South Kivu).

Commander of the Second Division of FOCA / the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b).

In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e).

3.3.2009

Dr. Ignace MURWANASHYAKA

Ignace

14 May 1963, Butera (Rwanda)

Ngoma, Butare (Rwanda)

Rwandan

Arrested by German authorities on 17 November 2009.

Replaced by Gaston Iamuremye, alias ‘Rumuli’ as President of FDLR-FOCA.

Murwanashyaka’s trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court.

President of the FDLR, and supreme commander of the FDLR armed forces exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.

In telephone communication with FDLR military field commanders (including during the Busurungi May 2009 massacre); gave military orders to the high command; involved in coordinating the transfer of arms and ammunition to FDLR units and relaying specific instructions for use; managing large sums of money raised through illicit sale of natural resources in areas of FDLR control (pg.24-25, 83)

According to the Office of the SRSG on Children and Armed Conflict, he held command responsibility as President and military commander of FDLR for recruitment and use of children by the FDLR in Eastern Congo.

1.11.2005

Straton MUSONI

IO Musoni

6 April 1961 (possibly 4 June 1961) Mugambazi, Kigali, Rwanda

Rwandan

Musoni’s trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court.

Replaced as 1st Vice-President of the FDLR by Sylvestre Mudacumura.

Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni is impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of resolution 1649 (2005).

29.3.2007

Jules MUTEBUTSI

Jules Mutebusi

Jules Mutebuzi

Colonel Mutebutsi

1964, Minembwe South Kivu

Congolese

Former FARDC Deputy Military Regional Commander of 10th Military Region in April 2004, dismissed for indiscipline.

In December 2007, he was arrested by Rwandan authorities when he tried to cross the border into the DRC. He has lived since in semi-liberty in Kigali (not authorized to leave the country).

Joined forces with other renegade elements of former RCDG to take town of Bukavu in May 04 by force.

Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo.

1.11.2005

Mathieu, Chui NGUDJOLO

Cui Ngudjolo

 

Arrested by MONUC in Bunia in October 2003.

Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008.

FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children under 15 years old in Ituri in 2006.

1.11.2005

Floribert Ngabu NJABU

Floribert Njabu

Floribert Ndjabu

Floribert Ngabu Ndjabu

 

Under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses.

Transferred to The Hague on 27 March 2011 to testify in the ICC Germain Katanga and Mathieu Ngudjolo trials.

President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

1.11.2005

Laurent NKUNDA

Nkunda Mihigo Laurent

Laurent Nkunda Bwatare

Laurent Nkundabatware

Laurent Nkunda Mahoro Batware

Laurent Nkunda Batware

“Chairman”

"General Nkunda"

“Papa Six”

6 February 1967

North Kivu/Rutshuru

2 February 1967

Congolese

Former RCD-G General.

Founder, National Congress for the People’s Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998.

Laurent Nkunda was arrested by Rwandan authorities in Rwanda in January 2009 and replaced as the commander of the CNDP. Since then, he has been under house arrest in Kigali, Rwanda.

DRC Government’s request to extradite Nkunda for crimes committed in eastern DRC has been refused by Rwanda.

In 2010, Nkunda’s appeal for illegal detention was rejected by Rwandan court in Gisenyi, ruling that the matter should be examined by a military court. Nkunda’s lawyers initiated a procedure with the Rwandan Military Court.

Retains some influence over certain elements of the CNDP.

Former RCD-G General.

Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 264 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2009.

1.11.2005

Felicien NSANZUBUKI-RE

Fred Irakeza

1967

Murama, Kinyinya, Rubungo, Kigali, Rwanda

Rwandan

1st battalion leader of the FDLR-FOCA, based in the Uvira-Sange area of South Kivu.

A member of the FDLR since at least 1994 and operating in eastern DRC since October 1998.

As of June 2011, based in Magunda, Mwenga territory, South Kivu.

Felicien Nsanzubukire supervised and coordinated the trafficking of ammunition and weapons between at least November 2008 and April 2009 from the United Republic of Tanzania, via Lake Tanganyika, to FDLR units based in the Uvira and Fizi areas of South Kivu.

1.12.2010

Pacifique NTAWUNGUKA

Colonel Omega

Nzeri

Israel

Pacifique Ntawungula

1 January 1964, Gaseke, Gisenyi Province, Rwanda

Est. 1964

Rwandan

Commander, Operational Sector North Kivu ‘SONOKI’ of FDLR-FOCA. As of June 2011, based at Matembe, North Kivu.

Received military training in Egypt

Commander of the First Division of FOCA (an FDLR armed wing). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused.

Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e).

3.3.2009

James NYAKUNI

 

 

Ugandan

Trade partnership with Jérôme Kakwavu, particularly smuggling across the DRC/Uganda border, including suspectted smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.

1.11.2005

Stanislas NZEYIMANA

Deogratias Bigaruka Izabayo

Bigaruka

Bigurura

Izabayo Deo

Jules Mateso Mlamba

1 January 1966, Mugusa (Butare), Rwanda

Est. 1967

Alt. 28 August 1966

Rwandan

Deputy commander of the FDLR-FOCA.

As of June 2011, based at Mukoberwa, North Kivu.

Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused.

Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e).

3.3.2009

Dieudonné OZIA MAZIO

Ozia Mazio

‘Omari’

‘Mr Omari’

6 June 1949, Ariwara

Congolese

While president of the Fédération des entreprises congolaises (FEC) in Aru territory, Dieudonné Ozia Mazio is believed to have died in Ariwara on 23 September 2008

Financial schemes with Commandant Jerome and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to Commandant Jerome and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003).

1.11.2005

Bosco TAGANDA

Bosco Ntaganda

Bosco Ntagenda

General Taganda

‘Lydia’ when he was part of APR.

‘Terminator’

Call sign ‘Tango Romeo’ or ‘Tango’

“Major”

1973-74

Bigogwe, Rwanda

Congolese

Born in Rwanda, he moved to Nyamitaba, Masisi territory, North Kivu, when he was a child.

As of June 2011, he resides in Goma and owns large farms in Ngungu area, Masisi territory, North Kivu.

Nominated FARDC Brigadier-General by Presidential Decree on 11 December 2004, following Ituri peace agreements.

Formerly Chief of Staff in CNDP and became CNDP military commander since the arrest of Laurent Nkunda in January 2009.

Since January 2009, de facto Deputy Commander of consecutive anti-FDLR operations ‘Umoja Wetu’, ‘Kimia II’, and ‘Amani Leo’ in North and South Kivu.

UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC.

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002 and 2003, and 155 cases of direct and/or command responsibility for recruitment and use of children in North Kivu from 2002 to 2009.

As CNDP Chief of Staff, had direct and command responsibility for the massacre at Kiwanja (November 2008)

1.11.2005

Innocent ZIMURINDA

 

September 1, 1972

1975

Ngungu, Masisi Territory, North Kivu Province, DRC

Congolese.

Colonel in the FARDC.

Integrated in the FARDC in 2009 as a Lieutenant Colonel, brigade commander in FARDC Kimia II Ops, based in Ngungu area.

In July 2009, Zimurinda was promoted to full Colonel and became FARDC Sector commander in Ngungu and subsequently in Kitchanga in FARDC Kimia II and Amani Leo Operations.

Whereas Zimurinda did not appear in the 31 December 2010 DRC Presidential ordinance nominating high FARDC officers, Zimurinda de facto maintained his command position of FARDC 22nd sector in Kitchanga and wears the newly issued FARDC rank and uniform.

He remains loyal to Bosco Ntaganda.

In December 2010, recruitment activities carried out by elements under the command of Zimurinda were denounced in open source reports.

According to multiple sources, Lt Col Innocent Zimurinda, in his capacity as one of the commanders of the FARDC 231st Brigade, gave orders that resulted in the massacre of over 100 Rwandan refugees, mostly women and children, during an April 2009 military operation in the Shalio area.

The UNSC DRC Sanctions Committee’s Group of Experts reported that Lt Col Innocent Zimurinda was witnessed first hand refusing to release three children from his command in Kalehe, on August 29, 2009.

According to multiple sources, Lt Col Innocent Zimurinda, prior to the CNDP’s integration into FARDC, participated in a November 2008 CNDP operation that resulted in the massacre of 89 civilians, including women and children, in the region of Kiwanja.

In March 2010, 51 human rights groups working in eastern DRC alleged that Zimurinda was responsible for multiple human rights abuses involving the murder of numerous civilians, including women and children, between February 2007 and August 2007.

Lt Col Innocent Zimurinda was accused in the same complaint of responsibility for the rape of a large number of women and girls.

According to a May 21, 2010, statement by the Special Representative of the Secretary General for Children and Armed Conflict, Innocent Zimurinda has been involved in the arbitrary execution of child soldiers, including during operation Kimia II.

According to the same statement, he denied access by the UN Mission in the DRC (MONUC) to screen troops for minors.

According to the UNSC DRC Sanctions Committee’s Group of Experts, Lt Col Zimurinda holds direct and command responsibility for child recruitment and for maintaining children within troops under his command.

1.12.2010

b)

List of entities referred to in Articles 3, 4 and 5

Name

Alias

Address

Identifying information

Reasons

Date of designation

BUTEMBO AIRLINES (BAL)

 

Butembo, DRC

Privately-owned airline, operates out of Butembo.

Since December 2008, BAL no longer holds an aircraft operating license in the DRC.

Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005).

29.3.2007

CONGOMET TRADING HOUSE

 

Butembo, North Kivu

No longer exists as a gold trading house in Butembo, North Kivu.

Congomet Trading House (formerly listed as Congocom) was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008).

Kambale acquired almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derived substantial income from taxes imposed on this production. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005).

29.3.2007

COMPAGNIE AERIENNE DES GRANDS LACS (CAGL)

GREAT LAKES BUSINESS COMPANY (GLBC)

 

CAGL

Avenue Président Mobutu Goma, DRC (CAGL also has an office in Gisenyi, Rwanda)

GLBC, PO Box 315, Goma, DRC (GLBC also has an office in Gisenyi, Rwanda)

As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of resolutions 1493 (2003) and 1596 (2005).

29.3.2007

MACHANGA LTD

 

Kampala, Uganda

Gold export (Directors: Mr. Rajendra Kumar Vaya and Mr. Hirendra M. Vaya).

In 2010, assets belonging to Machanga, held in the account of Emirates Gold, were frozen by Bank of Nova Scotia Mocatta (UK).

The previous owner of Machanga, Rajendra Kumar, and his brother Vipul Kumar, have remained involved in purchasing gold from eastern DRC.

MACHANGA bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005).

29.3.2007

TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO)

TPD

Goma, North Kivu

Goma, with provincial committees in South Kivu, Kasai Occidental, Kasai Oriental and Maniema.

Officially suspended all activities since 2008.

In practice, as of June 2011 TPD offices are open and involved in cases related to returns of IDPs, community Reconciliation initiatives, land conflict settlements, etc.

The TPD President is Eugene Serufuli and Vice-President is Saverina Karomba. Important members include North Kivu provincial deputies Robert Seninga and Bertin Kirivita.

Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005

1.11.2005

UGANDA COMMERCIAL IMPEX (UCI) LTD

 

Kajoka Street Kisemente Kampala, Uganda

Tel.: +256 41 533 578/9;

Alternative address: PO Box 22709 Kampala, Uganda

Gold export company in Kampala. (Former directors Mr. J.V. LODHIA – known as “Chuni”- and his son Mr. Kunal LODHIA).

In January 2011, Ugandan authorities notified the Committee that following an exemption on its financial holdings, Emirates Gold repaid UCI’s debt to Crane Bank in Kampala, leading to final closure of its accounts.

The previous owner of UCI, J.V. Lodhia and his son Kumal Lodhia have remained involved in purchasing gold from eastern DRC.

UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005).

29.3.2007’


21.10.2011   

EN

Official Journal of the European Union

L 276/62


COMMISSION IMPLEMENTING DECISION

of 20 October 2011

amending Implementing Decision 2011/303/EU as regards the date of application

(notified under document C(2011) 7373)

(Only the Dutch text is authentic)

(2011/700/EU)

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 43(m), in conjunction with Article 4 thereof,

Whereas:

(1)

By Commission Implementing Decision 2011/303/EU (2) the use of new methods for grading pig carcasses in the Netherlands was authorised. That Decision is to apply from 3 October 2011. On 9 September 2011 the competent authorities of the Netherlands informed the Commission about practical problems in several slaughterhouses with the timely implementation of the new methods and asked to postpone the application until 2 January 2012.

(2)

Implementing Decision 2011/303/EU should therefore be amended accordingly.

(3)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

In Article 4 of Implementing Decision 2011/303/EU, ‘3 October 2011’ is replaced by ‘2 January 2012’.

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 20 October 2011.

For the Commission

Dacian CIOLOȘ

Member of the Commission


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 136, 24.5.2011, p. 95.


Corrigenda

21.10.2011   

EN

Official Journal of the European Union

L 276/63


Corrigendum to Directive 2010/84/EU of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use

( Official Journal of the European Union L 348 of 31 December 2010 )

On Page 97, Article 1, point 22, new text of Article 116, second paragraph:

for:

‘A marketing authorisation may also be suspended, revoked or varied where the particulars supporting the application as provided for in Articles 8, 10 or 11 …’,

read:

‘A marketing authorisation may also be suspended, revoked or varied where the particulars supporting the application as provided for in Articles 8, 10, 10a, 10b, 10c or 11 …’.


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