# Official Journal L 38/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 38 |
| | |
| English edition | Legislation | Volume 5113 February 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 38

English edition

Legislation

Volume 5113 February 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 122/2008 of 12 February 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 123/2008 of 12 February 2008 amending and correcting Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs | 3 |
| | * | Commission Regulation (EC) No 124/2008 of 12 February 2008 derogating from Regulation (EC) No 1535/2003 as regards the delivery periods for pears for the 2007/2008 marketing year | 8 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 122/2008 of 12 February 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 123/2008 of 12 February 2008 amending and correcting Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

3

*

Commission Regulation (EC) No 124/2008 of 12 February 2008 derogating from Regulation (EC) No 1535/2003 as regards the delivery periods for pears for the 2007/2008 marketing year

8

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/105/EC |
| | * | Commission Decision of 11 February 2008 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
  (notified under document number C(2008) 421)

   (
  1
  ) | 9 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2008/105/EC

*

Commission Decision of 11 February 2008 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
  (notified under document number C(2008) 421)

   (
  1
  )

(notified under document number C(2008) 421)

1

9

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
| | * | Council Joint Action 2008/106/CFSP of 12 February 2008 extending the mandate of the European Union Special Representative for the Republic of Moldova | 15 |
| | * | Council Joint Action 2008/107/CFSP of 12 February 2008 extending the mandate of the European Union Special Representative for Central Asia | 19 |
| | * | Council Joint Action 2008/108/CFSP of 12 February 2008 amending and extending the mandate of the European Union Special Representative for the African Great Lakes Region | 22 |
| | * | Council Common Position 2008/109/CFSP of 12 February 2008 concerning restrictive measures imposed against Liberia | 26 |
| | * | Council Joint Action 2008/110/CFSP of 12 February 2008 amending and extending the mandate of the European Union Special Representative for Sudan | 28 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

*

Council Joint Action 2008/106/CFSP of 12 February 2008 extending the mandate of the European Union Special Representative for the Republic of Moldova

15

*

Council Joint Action 2008/107/CFSP of 12 February 2008 extending the mandate of the European Union Special Representative for Central Asia

19

*

Council Joint Action 2008/108/CFSP of 12 February 2008 amending and extending the mandate of the European Union Special Representative for the African Great Lakes Region

22

*

Council Common Position 2008/109/CFSP of 12 February 2008 concerning restrictive measures imposed against Liberia

26

*

Council Joint Action 2008/110/CFSP of 12 February 2008 amending and extending the mandate of the European Union Special Representative for Sudan

28

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| 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. |
| --- | --- |

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.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 13.2.2008 | EN | Official Journal of the European Union | L 38/1 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/1

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COMMISSION REGULATION (EC) No 122/2008

of 12 February 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,

Whereas:

| (1) | Regulation (EC) No 1580/2007 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 the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 1580/2007 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 the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 13 February 2008.

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

Done at Brussels, 12 February 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 350, 31.12.2007, p. 1.

1

---

ANNEX

to Commission Regulation of 12 February 2008 establishing the 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 | IL | 143,2 |
| MA | 47,0 |
| MK | 36,8 |
| TN | 129,8 |
| TR | 95,1 |
| ZZ | 90,4 |
| 0707 00 05 | EG | 267,4 |
| JO | 202,1 |
| MA | 175,9 |
| TR | 154,9 |
| ZZ | 200,1 |
| 0709 90 70 | MA | 46,3 |
| TR | 117,3 |
| ZZ | 81,8 |
| 0709 90 80 | EG | 349,4 |
| ZZ | 349,4 |
| 0805 10 20 | EG | 48,1 |
| IL | 55,1 |
| MA | 60,6 |
| TN | 48,6 |
| TR | 63,5 |
| ZZ | 55,2 |
| 0805 20 10 | IL | 106,6 |
| MA | 107,7 |
| TR | 72,2 |
| ZZ | 95,5 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | CN | 41,9 |
| EG | 80,8 |
| IL | 68,0 |
| JM | 97,3 |
| MA | 131,7 |
| PK | 58,6 |
| TR | 73,9 |
| ZZ | 78,9 |
| 0805 50 10 | EG | 69,9 |
| IL | 130,0 |
| MA | 81,4 |
| TR | 112,6 |
| ZZ | 98,5 |
| 0808 10 80 | CA | 87,7 |
| CN | 93,1 |
| MK | 41,4 |
| US | 113,3 |
| ZZ | 83,9 |
| 0808 20 50 | CN | 51,2 |
| US | 119,4 |
| ZA | 102,3 |
| ZZ | 91,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

143,2

MA

47,0

MK

36,8

TN

129,8

TR

95,1

ZZ

90,4

0707 00 05

EG

267,4

JO

202,1

MA

175,9

TR

154,9

ZZ

200,1

0709 90 70

MA

46,3

TR

117,3

ZZ

81,8

0709 90 80

EG

349,4

ZZ

349,4

0805 10 20

EG

48,1

IL

55,1

MA

60,6

TN

48,6

TR

63,5

ZZ

55,2

0805 20 10

IL

106,6

MA

107,7

TR

72,2

ZZ

95,5

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

CN

41,9

EG

80,8

IL

68,0

JM

97,3

MA

131,7

PK

58,6

TR

73,9

ZZ

78,9

0805 50 10

EG

69,9

IL

130,0

MA

81,4

TR

112,6

ZZ

98,5

0808 10 80

CA

87,7

CN

93,1

MK

41,4

US

113,3

ZZ

83,9

0808 20 50

CN

51,2

US

119,4

ZA

102,3

ZZ

91,0

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

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| 13.2.2008 | EN | Official Journal of the European Union | L 38/3 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/3

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COMMISSION REGULATION (EC) No 123/2008

of 12 February 2008

amending and correcting Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1), and in particular the second indent of Article 13 thereof,

Whereas:

| (1) | Pursuant to Article 5(8) of Regulation (EEC) No 2092/91, limitative lists of the substances and products referred to in paragraph 3(c) and (d) of that Article are to be established in Sections A and B of Annex VI to that Regulation. The conditions of use of these ingredients and substances may be specified. |
| --- | --- |

(1)

Pursuant to Article 5(8) of Regulation (EEC) No 2092/91, limitative lists of the substances and products referred to in paragraph 3(c) and (d) of that Article are to be established in Sections A and B of Annex VI to that Regulation. The conditions of use of these ingredients and substances may be specified.

| (2) | Further to the inclusion in that list of substances used in the processing of products intended for human consumption which contain ingredients from animal origin by Commission Regulation (EC) No 780/2006 of 24 May 2006 amending Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2) the additives sodium nitrite and potassium nitrate were to be re-examined before 31 December 2007, with a view to limiting or withdrawing their use. A panel of independent experts has in its conclusion of 5 July 2007 (3) (hereinafter the panel) recommended eliminating sodium nitrite and potassium nitrate in organic meat products within a reasonable time scale. The panel also recommended that certain precautions should be taken, if these substances were withdrawn. Therefore, sodium nitrite and potassium nitrate should be permitted until 31 December 2010 to allow an assessment of the implications of removing them. This assessment should take account of the extent to which the Member States have found safe alternatives to nitrites/nitrates, and their progress in establishing educational programmes in alternative processing. |
| --- | --- |

(2)

Further to the inclusion in that list of substances used in the processing of products intended for human consumption which contain ingredients from animal origin by Commission Regulation (EC) No 780/2006 of 24 May 2006 amending Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2) the additives sodium nitrite and potassium nitrate were to be re-examined before 31 December 2007, with a view to limiting or withdrawing their use. A panel of independent experts has in its conclusion of 5 July 2007 (3) (hereinafter the panel) recommended eliminating sodium nitrite and potassium nitrate in organic meat products within a reasonable time scale. The panel also recommended that certain precautions should be taken, if these substances were withdrawn. Therefore, sodium nitrite and potassium nitrate should be permitted until 31 December 2010 to allow an assessment of the implications of removing them. This assessment should take account of the extent to which the Member States have found safe alternatives to nitrites/nitrates, and their progress in establishing educational programmes in alternative processing.

| (3) | From 1 December 2007, under the provisions of Regulation (EC) No 780/2006, sulphur dioxide and potassium metabisulphite are permitted for the processing of fruit wines, made from fruit other than grapes, and also for the processing of cider, perry and mead. According to the above panel they should be allowed until alternative compounds or technologies are known. The Commission proposes to follow this advice. As new research data are expected to become available, the use of sulphur dioxide and potassium metabisulphite in organic products should be re-examined by 31 December 2010. |
| --- | --- |

(3)

From 1 December 2007, under the provisions of Regulation (EC) No 780/2006, sulphur dioxide and potassium metabisulphite are permitted for the processing of fruit wines, made from fruit other than grapes, and also for the processing of cider, perry and mead. According to the above panel they should be allowed until alternative compounds or technologies are known. The Commission proposes to follow this advice. As new research data are expected to become available, the use of sulphur dioxide and potassium metabisulphite in organic products should be re-examined by 31 December 2010.

| (4) | To ensure that certain food processing aids (talc, bentonite, and kaolin) in the list are free from non-authorised substances, the panel suggested that they should only be used where they meet the purity standards specified for those food additives in Community laws. |
| --- | --- |

(4)

To ensure that certain food processing aids (talc, bentonite, and kaolin) in the list are free from non-authorised substances, the panel suggested that they should only be used where they meet the purity standards specified for those food additives in Community laws.

| (5) | During the manufacture of sour milk cheese, E 500 sodium carbonate is added to the pasteurised milk in order to buffer the acidity caused by the lactic acid to an appropriate pH value, thereby creating the necessary growth condition for the ripening cultures. According to the panel the use of sodium carbonate for the processing of organic sour milk cheese should therefore be allowed. The Commission proposes to follow this advice. |
| --- | --- |

(5)

During the manufacture of sour milk cheese, E 500 sodium carbonate is added to the pasteurised milk in order to buffer the acidity caused by the lactic acid to an appropriate pH value, thereby creating the necessary growth condition for the ripening cultures. According to the panel the use of sodium carbonate for the processing of organic sour milk cheese should therefore be allowed. The Commission proposes to follow this advice.

| (6) | To be able to replace after a certain period of time gelatine made from non-organic animal skin or bones by gelatine produced from organic pig skin as an ingredient in organic products, a number of processing aids should be added to the list according to the panel. The Commission proposes to follow this advice. |
| --- | --- |

(6)

To be able to replace after a certain period of time gelatine made from non-organic animal skin or bones by gelatine produced from organic pig skin as an ingredient in organic products, a number of processing aids should be added to the list according to the panel. The Commission proposes to follow this advice.

| (7) | It appears to be necessary to use hydrochloric acid as a processing aid in the production of certain special hard rind cheeses (Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese, and Leidse Nagelkaas) for the regulation of the pH of the brine bath without causing off-flavours. The use of hydrochloric acid for the production of these special hard rind cheeses should however be re-evaluated before 31 December 2010. |
| --- | --- |

(7)

It appears to be necessary to use hydrochloric acid as a processing aid in the production of certain special hard rind cheeses (Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese, and Leidse Nagelkaas) for the regulation of the pH of the brine bath without causing off-flavours. The use of hydrochloric acid for the production of these special hard rind cheeses should however be re-evaluated before 31 December 2010.

| (8) | Annex VI to Regulation (EEC) No 2092/91, as amended by Regulation (EC) No 780/2006, allows the use of food additive E 160b (Annatto, Bixin, and Norbixin) on ‘Scottish Cheddar’. As this is not a generic term for coloured cheddar, the entry in Annex VI should be changed to cover all Cheddar cheeses. The use of Annatto, Bixin, Norbixin, E 160b, should therefore be allowed in all Cheddar cheeses. |
| --- | --- |

(8)

Annex VI to Regulation (EEC) No 2092/91, as amended by Regulation (EC) No 780/2006, allows the use of food additive E 160b (Annatto, Bixin, and Norbixin) on ‘Scottish Cheddar’. As this is not a generic term for coloured cheddar, the entry in Annex VI should be changed to cover all Cheddar cheeses. The use of Annatto, Bixin, Norbixin, E 160b, should therefore be allowed in all Cheddar cheeses.

| (9) | The entry on ‘Preparations of micro-organisms and enzymes’ in Annex VI, Section B to Regulation (EEC) No 2092/91, as amended by Regulation (EC) No 780/2006, has been mistakenly inserted in the footnote. This entry should be printed in normal font and added as a separate entry. Annex VI should therefore be corrected accordingly, with effect from the date of application of Regulation (EC) No 780/2006. |
| --- | --- |

(9)

The entry on ‘Preparations of micro-organisms and enzymes’ in Annex VI, Section B to Regulation (EEC) No 2092/91, as amended by Regulation (EC) No 780/2006, has been mistakenly inserted in the footnote. This entry should be printed in normal font and added as a separate entry. Annex VI should therefore be corrected accordingly, with effect from the date of application of Regulation (EC) No 780/2006.

| (10) | Regulation (EEC) No 2092/91 should therefore be amended accordingly. |
| --- | --- |

(10)

Regulation (EEC) No 2092/91 should therefore be amended accordingly.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 14 of Regulation (EEC) No 2092/91, |
| --- | --- |

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

Annex VI to Regulation (EEC) No 2092/91 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 15 February 2008.

However, point (3)(f) of the Annex shall apply with effect from 1 December 2007.

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

Done at Brussels, 12 February 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 1517/2007 (OJ L 335, 20.12.2007, p. 13).

1

(2)  OJ L 137, 25.5.2006, p. 9.

2

(3)  Conclusions from Group of Independent Experts on ‘Food Additives and Processing Aids permitted in processing of organic Food of Plant and Animal origin’. http://ec.europa.eu/agriculture/qual/organic/foodadd/expert/05072007.pdf

3

---

ANNEX

Annex VI to Regulation (EEC) No 2092/91 is amended as follows:

| (1) | the fourth paragraph under the heading ‘GENERAL PRINCIPLES’ is replaced by the following:
  ‘The use of the following substances shall be re-examined before 31 December 2010:






  — | Sodium nitrite and potassium nitrate in Sub-section A.1 with a view to withdrawing these additives; |
| --- | --- | --- |

(1)

the fourth paragraph under the heading ‘GENERAL PRINCIPLES’ is replaced by the following:

‘The use of the following substances shall be re-examined before 31 December 2010:

—

Sodium nitrite and potassium nitrate in Sub-section A.1 with a view to withdrawing these additives;

| — | Sulphur dioxide and potassium metabisulphite in Sub-section A.1; |
| --- | --- |

—

Sulphur dioxide and potassium metabisulphite in Sub-section A.1;

| — | Hydrochloric acid in Sub-section B for the processing of Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese, and Leidse Nagelkaas. |
| --- | --- |

—

Hydrochloric acid in Sub-section B for the processing of Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese, and Leidse Nagelkaas.

The re-examination referred to in the first indent shall take account of the efforts made by Member States to find safe alternatives to nitrites/nitrates and in establishing educational programmes in alternative processing methods and hygiene for organic meat processors/manufacturers.’

| (2) | Section A is amended as follows:






  (a) | in sub-section A.1 the entry for E 160b is replaced by the following:









  Code | Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘E 160b | Annatto, Bixin, Norbixin | | X | Red Leicester cheese
  Double Gloucester cheese
  Cheddar
  Mimolette cheese’ |

(2)

Section A is amended as follows:

(a)

in sub-section A.1 the entry for E 160b is replaced by the following:

Code

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘E 160b

Annatto, Bixin, Norbixin

X

Red Leicester cheese

Double Gloucester cheese

Cheddar

Mimolette cheese’

| (b) | in sub-section A.1 the entry for E 500 is replaced by the following:









  Code | Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- | --- |
| ‘E 500 | Sodium carbonates | X | X | “Dulce de leche” (1) soured-cream butter and sour milk cheese (2) |

(b)

in sub-section A.1 the entry for E 500 is replaced by the following:

Code

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘E 500

Sodium carbonates

X

X

“Dulce de leche” (1) soured-cream butter and sour milk cheese (2)

| (3) | Section B is amended as follows:






  (a) | the entry for ‘citric acid’ is replaced by the following entries:








  Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- | --- |
| ‘Lactic acid | | X | For the regulation of the pH of the brine bath in cheese production (3) |
| Citric acid | X | X | For the regulation of the pH of the brine bath in cheese production (3)

  Oil production and hydrolysis of starch (4) |

(3)

Section B is amended as follows:

(a)

the entry for ‘citric acid’ is replaced by the following entries:

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘Lactic acid

X

For the regulation of the pH of the brine bath in cheese production (3)

Citric acid

X

X

For the regulation of the pH of the brine bath in cheese production (3)

Oil production and hydrolysis of starch (4)

| (b) | the entry for ‘sulphuric acid’ is replaced by the following entries:








  Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- |
| ‘Sulphuric acid | X | X | Gelatine production (5)

  Sugar(s) production (6) |
| Hydrochloric acid | | X | Gelatine production
  For the regulation of the pH of the brine bath in the processing of Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese and Leidse Nagelkaas |
| Ammonium hydroxide | | X | Gelatine production |
| Hydrogen peroxide | | X | Gelatine production |

(b)

the entry for ‘sulphuric acid’ is replaced by the following entries:

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘Sulphuric acid

X

X

Gelatine production (5)

Sugar(s) production (6)

Hydrochloric acid

X

Gelatine production

For the regulation of the pH of the brine bath in the processing of Gouda, Edam and Maasdammer cheeses, Boerenkaas, Friese and Leidse Nagelkaas

Ammonium hydroxide

X

Gelatine production

Hydrogen peroxide

X

Gelatine production

| (c) | the entries for ‘Talc’, ‘Bentonite’ and ‘Kaolin’ are replaced by the following:








  Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- |
| ‘Talc | X | | In compliance with the specific purity criteria for food additive E 553b |
| Bentonite | X | X | Sticking agent for mead (7)

  In compliance with the specific purity criteria for food additive E 558 |
| Kaolin | X | X | Propolis (7)

  In compliance with the specific purity criteria for food additive E 559 |

(c)

the entries for ‘Talc’, ‘Bentonite’ and ‘Kaolin’ are replaced by the following:

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘Talc

X

In compliance with the specific purity criteria for food additive E 553b

Bentonite

X

X

Sticking agent for mead (7)

In compliance with the specific purity criteria for food additive E 558

Kaolin

X

X

Propolis (7)

In compliance with the specific purity criteria for food additive E 559

| (d) | the following entry is inserted after the entry for ‘Kaolin’:








  Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- |
| ‘Cellulose | X | X | Gelatine production (8) |

(d)

the following entry is inserted after the entry for ‘Kaolin’:

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘Cellulose

X

X

Gelatine production (8)

| (e) | the entries for ‘Diatomaceous earth’ and ‘Perlite’ are replaced by the following:








  Name | Preparation of foodstuffs of plant origin | Preparation of foodstuffs of animal origin | Specific conditions |
| --- | --- | --- | --- | --- |
| ‘Diatomaceous earth | X | X | Gelatine production (9) |
| Perlite | X | X | Gelatine production (9) |

(e)

the entries for ‘Diatomaceous earth’ and ‘Perlite’ are replaced by the following:

Name

Preparation of foodstuffs of plant origin

Preparation of foodstuffs of animal origin

Specific conditions

‘Diatomaceous earth

X

X

Gelatine production (9)

Perlite

X

X

Gelatine production (9)

| (f) | the entry for ‘Preparations of microorganisms and enzymes’ is replaced by the following:
  ‘Preparations of microorganisms and enzymes:
  Any preparations of microorganisms and enzymes normally used as processing aids in food processing, with the exception of genetically modified microorganisms and with the exception of enzymes derived from “genetically modified organisms” within the meaning of Directive 2001/18/EC (*).’ |
| --- | --- |

(f)

the entry for ‘Preparations of microorganisms and enzymes’ is replaced by the following:

‘Preparations of microorganisms and enzymes:

Any preparations of microorganisms and enzymes normally used as processing aids in food processing, with the exception of genetically modified microorganisms and with the exception of enzymes derived from “genetically modified organisms” within the meaning of Directive 2001/18/EC (*).’

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(1)  “Dulce de leche” or “Confiture de lait” refers to a soft, luscious, brown cream, made of sweetened, thickened milk

(2)  The restriction concerns only animal products.’;

(3)  The restriction concerns only animal products.

(4)  The restriction concerns only plant products.’;

(5)  The restriction concerns only animal products.

(6)  The restriction concerns only plant products.’;

(7)  The restriction concerns only animal products.’;

(8)  The restriction concerns only animal products.’;

(9)  The restriction concerns only animal products.’;

---

| 13.2.2008 | EN | Official Journal of the European Union | L 38/8 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/8

---

COMMISSION REGULATION (EC) No 124/2008

of 12 February 2008

derogating from Regulation (EC) No 1535/2003 as regards the delivery periods for pears for the 2007/2008 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Article 6 thereof,

Whereas:

| (1) | The aid scheme established by Regulation (EC) No 2201/96 has been repealed, from 1 January 2008, by Council Regulation (EC) No 1182/2007 (2) laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96. However, under Article 55(1) of Regulation (EC) No 1182/2007, that aid scheme remains applicable for the 2007/2008 marketing year for each product concerned. |
| --- | --- |

(1)

The aid scheme established by Regulation (EC) No 2201/96 has been repealed, from 1 January 2008, by Council Regulation (EC) No 1182/2007 (2) laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96. However, under Article 55(1) of Regulation (EC) No 1182/2007, that aid scheme remains applicable for the 2007/2008 marketing year for each product concerned.

| (2) | Article 3(2)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (3) provides that the aid for pears is to be granted solely on pears delivered to the processing industry between 15 July and 15 December. |
| --- | --- |

(2)

Article 3(2)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (3) provides that the aid for pears is to be granted solely on pears delivered to the processing industry between 15 July and 15 December.

| (3) | The Italian producer regions endured exceptional circumstances in December 2007 on account of the transport strike which prevented deliveries to the processing industry during a very intense delivery period. As a result, complete delivery by producers required additional working time, leading to delays in the delivery schedule. |
| --- | --- |

(3)

The Italian producer regions endured exceptional circumstances in December 2007 on account of the transport strike which prevented deliveries to the processing industry during a very intense delivery period. As a result, complete delivery by producers required additional working time, leading to delays in the delivery schedule.

| (4) | To prevent producers from being penalised by these circumstances, exceptionally and for the 2007/2008 marketing year only, a derogation should be made from the dates laid down in Article 3(2)(c) of Regulation (EC) No 1535/2003. |
| --- | --- |

(4)

To prevent producers from being penalised by these circumstances, exceptionally and for the 2007/2008 marketing year only, a derogation should be made from the dates laid down in Article 3(2)(c) of Regulation (EC) No 1535/2003.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(5)

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

Notwithstanding Article 3(2)(c) of Regulation (EC) No 1535/2003, and for the 2007/2008 marketing year only, aid shall hereby be granted for pears delivered to the processing industry between 15 July 2007 and 15 January 2008.

Article 2

This Regulation shall enter into force on the third 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, 12 February 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

1

(2)  OJ L 273, 17.10.2007, p. 1.

2

(3)  OJ L 218, 30.8.2003, p. 14. Regulation as last amended by Regulation (EC) No 1663/2005 (OJ L 267, 12.10.2005, p. 22).

3

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 13.2.2008 | EN | Official Journal of the European Union | L 38/9 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/9

---

COMMISSION DECISION

of 11 February 2008

amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC

(notified under document number C(2008) 421)

(Text with EEA relevance)

(2008/105/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) and Article 29(2) thereof,

Whereas:

| (1) | Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Pursuant to Directive 96/23/EC, the inclusion and retention on the lists of third countries from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to the submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive. |
| --- | --- |

(1)

Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Pursuant to Directive 96/23/EC, the inclusion and retention on the lists of third countries from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to the submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive.

| (2) | Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (2) lists those third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive. |
| --- | --- |

(2)

Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (2) lists those third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.

| (3) | Belarus, Canada, the Falkland Islands, Mauritius and Switzerland have submitted residue monitoring plans to the Commission for animals and products of animal origin not currently listed in the Annex to Decision 2004/432/EC. The evaluation of those plans and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring in those third countries for the animals and products concerned. The relevant animals and products of animal origin should therefore be included in the list for those third countries in the Annex to that Decision. |
| --- | --- |

(3)

Belarus, Canada, the Falkland Islands, Mauritius and Switzerland have submitted residue monitoring plans to the Commission for animals and products of animal origin not currently listed in the Annex to Decision 2004/432/EC. The evaluation of those plans and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring in those third countries for the animals and products concerned. The relevant animals and products of animal origin should therefore be included in the list for those third countries in the Annex to that Decision.

| (4) | Switzerland, in addition, has submitted to the Commission a residue monitoring plan concerning honey, for which a limitation ‘third countries using only raw material from other approved third countries for food production’ applies at present. The evaluation of that plan and the additional information obtained by the Commission provide sufficient guarantees to remove that limitation. The footnote setting out that limitation should therefore be deleted from the Annex to Decision 2004/432/EC. |
| --- | --- |

(4)

Switzerland, in addition, has submitted to the Commission a residue monitoring plan concerning honey, for which a limitation ‘third countries using only raw material from other approved third countries for food production’ applies at present. The evaluation of that plan and the additional information obtained by the Commission provide sufficient guarantees to remove that limitation. The footnote setting out that limitation should therefore be deleted from the Annex to Decision 2004/432/EC.

| (5) | Ethiopia, Iran and Suriname have submitted residue monitoring plans to the Commission for certain animals and products of animal origin. The evaluation of those plans and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring in those third countries for the animals and products concerned. The relevant animals and products of animal origin should therefore be included in the list for Ethiopia, Iran and Suriname in the Annex to Decision 2004/432/EC. |
| --- | --- |

(5)

Ethiopia, Iran and Suriname have submitted residue monitoring plans to the Commission for certain animals and products of animal origin. The evaluation of those plans and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring in those third countries for the animals and products concerned. The relevant animals and products of animal origin should therefore be included in the list for Ethiopia, Iran and Suriname in the Annex to Decision 2004/432/EC.

| (6) | Belize, Colombia, Kenya, Oman, and Zimbabwe which are currently listed for certain animals or products of animal origin in the Annex to Decision 2004/432/EC have not submitted to the Commission the requested residue monitoring plans for some of those animals and products of animal origin. The entries for the relevant animals and products of animal origin should therefore be deleted from the list for those third countries in the Annex to that Decision. The third countries concerned have been informed accordingly. |
| --- | --- |

(6)

Belize, Colombia, Kenya, Oman, and Zimbabwe which are currently listed for certain animals or products of animal origin in the Annex to Decision 2004/432/EC have not submitted to the Commission the requested residue monitoring plans for some of those animals and products of animal origin. The entries for the relevant animals and products of animal origin should therefore be deleted from the list for those third countries in the Annex to that Decision. The third countries concerned have been informed accordingly.

| (7) | Eritrea, Israel and Tunisia which are currently listed for certain animals or products of animal origin in the Annex to Decision 2004/432/EC have not submitted to the Commission the requested residue monitoring plans for some of those animals and products of animal origin, because there are currently no exports of such animals or products of animal origin from those third countries to the Community. The entries for the relevant animals and products of animal origin should therefore be deleted from the list for those third countries in the Annex to Decision 2004/432/EC. The third countries concerned have been informed accordingly. |
| --- | --- |

(7)

Eritrea, Israel and Tunisia which are currently listed for certain animals or products of animal origin in the Annex to Decision 2004/432/EC have not submitted to the Commission the requested residue monitoring plans for some of those animals and products of animal origin, because there are currently no exports of such animals or products of animal origin from those third countries to the Community. The entries for the relevant animals and products of animal origin should therefore be deleted from the list for those third countries in the Annex to Decision 2004/432/EC. The third countries concerned have been informed accordingly.

| (8) | Ukraine which is currently listed for equidae with the limitation 'export of live equidae for slaughter (food producing animals only) in the Annex to Decision 2004/432/EC has not submitted to the Commission the requested residue monitoring plan. In addition, a Food and Veterinary Office inspection has revealed serious deficiencies concerning the live equidae testing in that third country. The relevant entry for Ukraine should therefore be deleted from the list in the Annex to that Decision. The authorities of that third country have been informed accordingly. |
| --- | --- |

(8)

Ukraine which is currently listed for equidae with the limitation 'export of live equidae for slaughter (food producing animals only) in the Annex to Decision 2004/432/EC has not submitted to the Commission the requested residue monitoring plan. In addition, a Food and Veterinary Office inspection has revealed serious deficiencies concerning the live equidae testing in that third country. The relevant entry for Ukraine should therefore be deleted from the list in the Annex to that Decision. The authorities of that third country have been informed accordingly.

| (9) | South Africa which is currently listed for several animals or products of animal origin in the Annex to Decision 2004/432/EC, has submitted to the Commission the requested residue monitoring plans for those animals and products of animal origin. However, a Food and Veterinary Office inspection has revealed serious deficiencies concerning the implementation of the residue monitoring plan for certain animals or products of animal origin of those referred to in the plans. On that basis South Africa has requested to delete the entries for all the animals and the products of animal origin from the list in the Annex to that Decision, with the exception of wild and farmed game, including ostriches. For these animals and products of animal origin, substantial guarantees have been received. |
| --- | --- |

(9)

South Africa which is currently listed for several animals or products of animal origin in the Annex to Decision 2004/432/EC, has submitted to the Commission the requested residue monitoring plans for those animals and products of animal origin. However, a Food and Veterinary Office inspection has revealed serious deficiencies concerning the implementation of the residue monitoring plan for certain animals or products of animal origin of those referred to in the plans. On that basis South Africa has requested to delete the entries for all the animals and the products of animal origin from the list in the Annex to that Decision, with the exception of wild and farmed game, including ostriches. For these animals and products of animal origin, substantial guarantees have been received.

| (10) | A transitional period should be laid down to cover consignments of animals and products of animal origin originating in Belize, Colombia, Eritrea, Israel, Kenya, Oman, Tunisia, Ukraine, South Africa, and Zimbabwe which were dispatched from those third countries for the Community before the date of application of this Decision, to cover the time needed for their arrival in the Community and avoid any disruption to trade. |
| --- | --- |

(10)

A transitional period should be laid down to cover consignments of animals and products of animal origin originating in Belize, Colombia, Eritrea, Israel, Kenya, Oman, Tunisia, Ukraine, South Africa, and Zimbabwe which were dispatched from those third countries for the Community before the date of application of this Decision, to cover the time needed for their arrival in the Community and avoid any disruption to trade.

| (11) | Decision 2004/432/EC should therefore be amended accordingly. |
| --- | --- |

(11)

Decision 2004/432/EC should therefore be amended accordingly.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(12)

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2004/432/EC is replaced by the text in the Annex to this Decision.

Article 2

The amendments to the list in the Annex to Decision 2004/432/EC by the present Decision shall not apply to consignments of animals and products of animal origin from Belize, Colombia, Eritrea, Israel, Kenya, Oman, Tunisia, Ukraine, South Africa and Zimbabwe where the importer of such animals and products can demonstrate that they had been dispatched from the third country concerned and were en route to the Community before the date of application of the present Decision.

Article 3

This Decision shall apply from 1 March 2008.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 11 February 2008.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 125, 23.5.1996, p. 10. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

1

(2)  OJ L 154, 30.4.2004, p. 44, as corrected by OJ L 189, 27.5.2004, p. 33. Decision as last amended by Decision 2007/362/EC (OJ L 138, 30.5.2007, p. 18).

2

---

ANNEX

‘ANNEX

| Code ISO2 | Country | Bovine | Ovine/caprine | Swine | Equine | Poultry | Aquaculture | Milk | Eggs | Rabbit | Wild game | Farmed game | Honey |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| AD | Andorra (1) | X | X | | X | | | | | | | | |
| AE | United Arab Emirates | | | | | | X | | | | | | |
| AL | Albania | | X | | | | X | | X | | | | |
| AN | Netherlands Antilles | | | | | | | X (2) | | | | | |
| AR | Argentina | X | X | | X | X | X | X | X | X | X | X | X |
| AU | Australia | X | X | | X | | X | X | | | X | X | X |
| BA | Bosnia and Herzegovina | | | | | | X | | | | | | |
| BD | Bangladesh | | | | | | X | | | | | | |
| BR | Brazil | X | | | X | X | X | | | | | | |
| BW | Botswana | X | | | | | | | | | | X | |
| BY | Belarus | | | | X (3) | | X | X | X | | | | |
| BZ | Belize | | | | | | X | | | | | | |
| CA | Canada | X | X | X | X | X | X | X | X | X | X | X | X |
| CH | Switzerland | X | X | X | X | X | X | X | X | X | X | X | X |
| CL | Chile | X | X (4) | X | | X | X | X | | | X | | X |
| CN | China | | | | | X | X | | | X | | | X |
| CO | Colombia | | | | | | X | | | | | | |
| CU | Cuba | | | | | | X | | | | | | X |
| EC | Ecuador | | | | | | X | | | | | | |
| ET | Ethiopia | | | | | | | | | | | | X |
| FK | Falklands Islands | X | X | | | | | | | | | | |
| FO | Faeroe Islands | | | | | | X | | | | | | |
| GL | Greenland | | X | | | | | | | | X | X | |
| GM | Gambia | | | | | | X | | | | | | |
| GT | Guatemala | | | | | | X | | | | | | X |
| HK | Hong Kong | | | | | X (2) | X (2) | | | | | | |
| HN | Honduras | | | | | | X | | | | | | |
| HR | Croatia | X | X | X | X (3) | X | X | X | X | X | X | X | X |
| ID | Indonesia | | | | | | X | | | | | | |
| IL | Israel | | | | | X | X | X | X | | | | X |
| IN | India | | | | | | X | X | X | | | | X |
| IS | Iceland | X | X | X | X | | X | X | | | | X (2) | |
| IR | Iran | | | | | | X | | | | | | |
| JM | Jamaica | | | | | | X | | | | | | X |
| JP | Japan | | | | | | X | | | | | | |
| KG | Kyrgyzstan | | | | | | | | | | | | X |
| KR | South Korea | | | | | | X | | | | | | |
| LK | Sri Lanka | | | | | | X | | | | | | |
| MA | Morocco | | | | | | X | | | | | | |
| MD | Moldova | | | | | | | | | | | | X |
| ME | Montenegro (5) | X | X | X | X (3) | | | | | | | | X |
| MG | Madagascar | | | | | | X | | | | | | |
| MK | The former Yugoslav Republic of Macedonia (6) | X | X | | X (3) | | | X | | | | | |
| MU | Mauritius | | | | | X (2) | X | | | | | | |
| MX | Mexico | | | | X | | X | | X | | | | X |
| MY | Malaysia | | | | | X (7) | X | | | | | | |
| MZ | Mozambique | | | | | | X | | | | | | |
| NA | Namibia | X | X | | | | | | | | X | X | |
| NC | New Caledonia | X | | | | | X | | | | X | X | |
| NI | Nicaragua | | | | | | X | | | | | | X |
| NZ | New Zealand | X | X | | X | | X | X | | | X | X | X |
| PA | Panama | | | | | | X | | | | | | |
| PE | Peru | | | | | X | X | | | | | | |
| PH | Philippines | | | | | | X | | | | | | |
| PN | Pitcairn | | | | | | | | | | | | X |
| PY | Paraguay | X | | | | | | | | | | | |
| RS | Serbia (8) | X | X | X | X (3) | X | X | X | X | | X | | X |
| RU | The Russian Federation | X | X | X | X (3) | X | | X | X | | | X (9) | X |
| SA | Saudi Arabia | | | | | | X | | | | | | |
| SC | Seychelles | | | | | | X | | | | | | |
| SG | Singapore | X (2) | X (2) | X (2) | | X (2) | X (2) | X (2) | | | | | |
| SM | San Marino (10) | X | | X | | | | | | | | | X |
| SR | Suriname | | | | | | X | | | | | | |
| SV | El Salvador | | | | | | | | | | | | X |
| SZ | Swaziland | X | | | | | | | | | | | |
| TH | Thailand | | | | | X | X | | | | | | X |
| TN | Tunisia | | | | | X | X | | | | X | | |
| TR | Turkey | | | | | X | X | X | | | | | X |
| TW | Taiwan | | | | | | X | | | | | | X |
| TZ | Tanzania | | | | | | | | | | | | X |
| UA | Ukraine | | | | | | | X | X | | | | X |
| UG | Uganda | | | | | | | | | | | | X |
| US | United States | X | X | X | X | X | X | X | X | X | X | X | X |
| UY | Uruguay | X | X | | X | | X | X | | X | X | X | X |
| VE | Venezuela | | | | | | X | | | | | | |
| VN | Vietnam | | | | | | X | | | | | | |
| YT | Mayotte | | | | | | X | | | | | | |
| ZA | South Africa | | | | | | | | | | X | X | |
| ZM | Zambia | | | | | | | | | | | | X |
| ZW | Zimbabwe | | | | | | X | | | | | X | |

Code ISO2

Country

Bovine

Ovine/caprine

Swine

Equine

Poultry

Aquaculture

Milk

Eggs

Rabbit

Wild game

Farmed game

Honey

AD

Andorra (1)

X

X

X

AE

United Arab Emirates

X

AL

Albania

X

X

X

AN

Netherlands Antilles

X (2)

AR

Argentina

X

X

X

X

X

X

X

X

X

X

X

AU

Australia

X

X

X

X

X

X

X

X

BA

Bosnia and Herzegovina

X

BD

Bangladesh

X

BR

Brazil

X

X

X

X

BW

Botswana

X

X

BY

Belarus

X (3)

X

X

X

BZ

Belize

X

CA

Canada

X

X

X

X

X

X

X

X

X

X

X

X

CH

Switzerland

X

X

X

X

X

X

X

X

X

X

X

X

CL

Chile

X

X (4)

X

X

X

X

X

X

CN

China

X

X

X

X

CO

Colombia

X

CU

Cuba

X

X

EC

Ecuador

X

ET

Ethiopia

X

FK

Falklands Islands

X

X

FO

Faeroe Islands

X

GL

Greenland

X

X

X

GM

Gambia

X

GT

Guatemala

X

X

HK

Hong Kong

X (2)

X (2)

HN

Honduras

X

HR

Croatia

X

X

X

X (3)

X

X

X

X

X

X

X

X

ID

Indonesia

X

IL

Israel

X

X

X

X

X

IN

India

X

X

X

X

IS

Iceland

X

X

X

X

X

X

X (2)

IR

Iran

X

JM

Jamaica

X

X

JP

Japan

X

KG

Kyrgyzstan

X

KR

South Korea

X

LK

Sri Lanka

X

MA

Morocco

X

MD

Moldova

X

ME

Montenegro (5)

X

X

X

X (3)

X

MG

Madagascar

X

MK

The former Yugoslav Republic of Macedonia (6)

X

X

X (3)

X

MU

Mauritius

X (2)

X

MX

Mexico

X

X

X

X

MY

Malaysia

X (7)

X

MZ

Mozambique

X

NA

Namibia

X

X

X

X

NC

New Caledonia

X

X

X

X

NI

Nicaragua

X

X

NZ

New Zealand

X

X

X

X

X

X

X

X

PA

Panama

X

PE

Peru

X

X

PH

Philippines

X

PN

Pitcairn

X

PY

Paraguay

X

RS

Serbia (8)

X

X

X

X (3)

X

X

X

X

X

X

RU

The Russian Federation

X

X

X

X (3)

X

X

X

X (9)

X

SA

Saudi Arabia

X

SC

Seychelles

X

SG

Singapore

X (2)

X (2)

X (2)

X (2)

X (2)

X (2)

SM

San Marino (10)

X

X

X

SR

Suriname

X

SV

El Salvador

X

SZ

Swaziland

X

TH

Thailand

X

X

X

TN

Tunisia

X

X

X

TR

Turkey

X

X

X

X

TW

Taiwan

X

X

TZ

Tanzania

X

UA

Ukraine

X

X

X

UG

Uganda

X

US

United States

X

X

X

X

X

X

X

X

X

X

X

X

UY

Uruguay

X

X

X

X

X

X

X

X

X

VE

Venezuela

X

VN

Vietnam

X

YT

Mayotte

X

ZA

South Africa

X

X

ZM

Zambia

X

ZW

Zimbabwe

X

X

---

(1)  Initial residue monitoring plan approved by veterinary subgroup EC-Andorra (in accordance with Decision No 2/1999 of EC-Andorra Joint Committee (OJ L 31, 5.2.2000, p. 84).

1

(2)  Third countries using only raw material from other approved third countries for food production.

2

(3)  Export of live equidae for slaughter (food producing animals only).

3

(4)  Only ovine animals.

4

(5)  Provisional situation pending further information on residues.

5

(6)  The former Yugoslav Republic of Macedonia; provisional code which does not prejudge in any way the definitive nomenclature for this country, which is currently under discussion at the United Nations.

6

(7)  Peninsular (western) Malaysia only.

7

(8)  Not including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999.

8

(9)  Only for reindeer from the Murmansk and Yamalo-Nenets regions.

9

(10)  Monitoring plan approved in accordance with Decision No 1/94 of the EC-San Marino Cooperation Committee of 28 June 1994 (OJ L 238, 13.9.1994, p. 25).’

10

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

| 13.2.2008 | EN | Official Journal of the European Union | L 38/15 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/15

---

COUNCIL JOINT ACTION 2008/106/CFSP

of 12 February 2008

extending the mandate of the European Union Special Representative for the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 15 February 2007, the Council adopted Joint Action 2007/107/CFSP (1) appointing Mr Kálmán MIZSEI as the European Union Special Representative (EUSR) for the Republic of Moldova. |
| --- | --- |

(1)

On 15 February 2007, the Council adopted Joint Action 2007/107/CFSP (1) appointing Mr Kálmán MIZSEI as the European Union Special Representative (EUSR) for the Republic of Moldova.

| (2) | On the basis of a review of Joint Action 2007/107/CFSP, the mandate of the EUSR should be extended for a 12-month period. |
| --- | --- |

(2)

On the basis of a review of Joint Action 2007/107/CFSP, the mandate of the EUSR should be extended for a 12-month period.

| (3) | The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty, |
| --- | --- |

(3)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Kálmán MIZSEI as the European Union Special Representative (EUSR) for the Republic of Moldova is hereby extended until 28 February 2009.

Article 2

Policy objectives

1.   The EUSR’s mandate shall be based on the European Union’s policy objectives in the Republic of Moldova. These objectives include:

| (a) | to contribute to a peaceful settlement of the Transnistria conflict and to the implementation of such a settlement on the basis of a viable solution, respecting the sovereignty and territorial integrity of the Republic of Moldova within its internationally recognised borders; |
| --- | --- |

(a)

to contribute to a peaceful settlement of the Transnistria conflict and to the implementation of such a settlement on the basis of a viable solution, respecting the sovereignty and territorial integrity of the Republic of Moldova within its internationally recognised borders;

| (b) | to contribute to the strengthening of democracy, rule of law and respect for human rights and fundamental freedoms for all citizens of the Republic of Moldova; |
| --- | --- |

(b)

to contribute to the strengthening of democracy, rule of law and respect for human rights and fundamental freedoms for all citizens of the Republic of Moldova;

| (c) | to promote good and close relations between the Republic of Moldova and the European Union on the basis of common values and interests and as set out in the European Neighbourhood Policy (ENP) Action Plan; |
| --- | --- |

(c)

to promote good and close relations between the Republic of Moldova and the European Union on the basis of common values and interests and as set out in the European Neighbourhood Policy (ENP) Action Plan;

| (d) | to assist in the fight against the trafficking of human beings and of weapons and other goods, from and through the Republic of Moldova; |
| --- | --- |

(d)

to assist in the fight against the trafficking of human beings and of weapons and other goods, from and through the Republic of Moldova;

| (e) | to contribute to strengthening stability and cooperation in the region; |
| --- | --- |

(e)

to contribute to strengthening stability and cooperation in the region;

| (f) | to enhance European Union effectiveness and visibility in the Republic of Moldova and the region; |
| --- | --- |

(f)

to enhance European Union effectiveness and visibility in the Republic of Moldova and the region;

| (g) | to enhance the effectiveness of border and customs controls and border surveillance activities in the Republic of Moldova and Ukraine along their common border, with a particular focus on the Transnistrian section, notably through an EU Border Mission. |
| --- | --- |

(g)

to enhance the effectiveness of border and customs controls and border surveillance activities in the Republic of Moldova and Ukraine along their common border, with a particular focus on the Transnistrian section, notably through an EU Border Mission.

2.   The EUSR shall support the work of the Secretary General/High Representative (SG/HR) in the Republic of Moldova and the region.

Article 3

Mandate

1.   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

| (a) | strengthen the European Union contribution to the resolution of the Transnistria conflict in accordance with agreed European Union policy objectives and in close coordination with the OSCE, representing the European Union through appropriate channels and in agreed fora and by developing and maintaining close contacts with all relevant actors; |
| --- | --- |

(a)

strengthen the European Union contribution to the resolution of the Transnistria conflict in accordance with agreed European Union policy objectives and in close coordination with the OSCE, representing the European Union through appropriate channels and in agreed fora and by developing and maintaining close contacts with all relevant actors;

| (b) | assist in the preparation, as appropriate, of European Union contributions to the implementation of an eventual conflict settlement; |
| --- | --- |

(b)

assist in the preparation, as appropriate, of European Union contributions to the implementation of an eventual conflict settlement;

| (c) | follow closely political developments in the Republic of Moldova, including in the Transnistrian region, by developing and maintaining close contacts with the Government of the Republic of Moldova and other domestic actors, and offer as appropriate the European Union’s advice and facilitation; |
| --- | --- |

(c)

follow closely political developments in the Republic of Moldova, including in the Transnistrian region, by developing and maintaining close contacts with the Government of the Republic of Moldova and other domestic actors, and offer as appropriate the European Union’s advice and facilitation;

| (d) | assist in the further development of the European Union’s policy towards the Republic of Moldova and the region, in particular regarding conflict prevention and conflict resolution; |
| --- | --- |

(d)

assist in the further development of the European Union’s policy towards the Republic of Moldova and the region, in particular regarding conflict prevention and conflict resolution;

| (e) | through a support team led by a Senior Political Adviser to the EUSR:






  (i) | assure political overview of developments and activities related to the Moldovan-Ukrainian state border; |
| --- | --- | --- |

(e)

through a support team led by a Senior Political Adviser to the EUSR:

(i)

assure political overview of developments and activities related to the Moldovan-Ukrainian state border;

| (ii) | analyse the political commitment of the Republic of Moldova and Ukraine to improving border management; |
| --- | --- |

(ii)

analyse the political commitment of the Republic of Moldova and Ukraine to improving border management;

| (iii) | promote cooperation on border issues between the Moldovan and Ukrainian sides, also in view of building preconditions for a settlement to the Transnistrian conflict; |
| --- | --- |

(iii)

promote cooperation on border issues between the Moldovan and Ukrainian sides, also in view of building preconditions for a settlement to the Transnistrian conflict;

| (f) | contribute to the implementation of the European Union human rights policy and European Union Guidelines on Human Rights, in particular with regard to children and women in conflict-affected areas, especially by monitoring and addressing developments in this regard. |
| --- | --- |

(f)

contribute to the implementation of the European Union human rights policy and European Union Guidelines on Human Rights, in particular with regard to children and women in conflict-affected areas, especially by monitoring and addressing developments in this regard.

2.   For the purpose of the fulfilment of his mandate, the EUSR shall maintain an overview of all European Union activities, notably the relevant aspects of the ENP Action Plan.

Article 4

Implementation of the mandate

1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the SG/HR.

2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate.

Article 5

Financing

1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2008 to 28 February 2009 shall be EUR 1 310 000.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2008. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the European Communities with the exception that any pre-financing shall not remain the property of the Community.

3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Article 6

Constitution and composition of the team

1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the SG/HR, and in full association with the Commission. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the SG/HR, the Presidency and the Commission informed of the composition of his team.

2.   Member States and institutions of the European Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the EU to the EUSR shall be covered by the Member State or the institution of the EU concerned. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of an EU Member State.

3.   All seconded personnel shall remain under the administrative authority of the sending Member State or EU institution and shall carry out their duties and act in the interest of the mandate of the EUSR.

Article 7

Privileges and immunities of the EUSR and his staff

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Article 8

Security of EU classified information

The EUSR and the members of his team shall respect security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (2), in particular when managing EU classified information.

Article 9

Access to information and logistical support

1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.

2.   The Presidency, the Commission and/or Member States, as appropriate, shall provide logistical support in the region.

Article 10

Security

In accordance with the EU’s policy on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

| (a) | establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan; |
| --- | --- |

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

| (b) | ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area; |
| --- | --- |

(b)

ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area;

| (c) | ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council; |
| --- | --- |

(c)

ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

| (d) | ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports. |
| --- | --- |

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

Article 11

Reporting

The EUSR shall regularly provide the SG/HR and the PSC with oral and written reports. The EUSR shall also report as necessary to working groups. Regular written reports shall be circulated through the COREU network. Upon recommendation of the SG/HR or the PSC, the EUSR may provide the General Affairs and External Relations Council with reports.

Article 12

Coordination

The EUSR shall promote overall EU political coordination. He shall help to ensure that all EU instruments in the field are engaged coherently to attain the EU’s policy objectives. The activities of the EUSR shall be coordinated with those of the Presidency and the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide Member States’ missions and Commission’s delegations with regular briefings.

In the field, close liaison shall be maintained with the Presidency, Commission and Member States’ Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.

Article 13

Review

The implementation of this Joint Action and its consistency with other contributions from the European Union to the region shall be kept under regular review. The EUSR shall present the SG/HR, the Council and the Commission with a progress report before the end of June 2008 and a comprehensive mandate implementation report by mid-November 2008. These reports shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR shall make recommendations to the PSC concerning the Council’s decision on renewal, amendment or termination of the mandate.

Article 14

Entry into force

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

Article 15

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council

The President

A. BAJUK

---

(1)  OJ L 46, 16.2.2007, p. 59.

1

(2)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

2

---

| 13.2.2008 | EN | Official Journal of the European Union | L 38/19 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/19

---

COUNCIL JOINT ACTION 2008/107/CFSP

of 12 February 2008

extending the mandate of the European Union Special Representative for Central Asia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 15 February 2007, the Council adopted Joint Action 2007/113/CFSP (1) amending and extending the mandate of the European Union Special Representative (EUSR) for Central Asia. |
| --- | --- |

(1)

On 15 February 2007, the Council adopted Joint Action 2007/113/CFSP (1) amending and extending the mandate of the European Union Special Representative (EUSR) for Central Asia.

| (2) | On the basis of a review of Joint Action 2007/113/CFSP, the mandate of the EUSR should be extended for a 12-month period. |
| --- | --- |

(2)

On the basis of a review of Joint Action 2007/113/CFSP, the mandate of the EUSR should be extended for a 12-month period.

| (3) | The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty, |
| --- | --- |

(3)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Pierre MOREL as the European Union Special Representative (EUSR) for Central Asia is hereby extended until 28 February 2009.

Article 2

Policy objectives

The EUSR's mandate shall be based on the Union's policy objectives in Central Asia. These objectives include:

| (a) | promoting good and close relations between countries of Central Asia and the European Union on the basis of common values and interests as set out in relevant agreements; |
| --- | --- |

(a)

promoting good and close relations between countries of Central Asia and the European Union on the basis of common values and interests as set out in relevant agreements;

| (b) | contributing to strengthening the stability and cooperation between the countries in the region; |
| --- | --- |

(b)

contributing to strengthening the stability and cooperation between the countries in the region;

| (c) | contributing to strengthening democracy, the rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia; |
| --- | --- |

(c)

contributing to strengthening democracy, the rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia;

| (d) | addressing key threats, especially specific problems with direct implications for Europe; |
| --- | --- |

(d)

addressing key threats, especially specific problems with direct implications for Europe;

| (e) | enhancing the European Union's effectiveness and visibility in the region, including through a closer coordination with other relevant partners and international organisations, such as the OSCE. |
| --- | --- |

(e)

enhancing the European Union's effectiveness and visibility in the region, including through a closer coordination with other relevant partners and international organisations, such as the OSCE.

Article 3

Mandate

1.   In order to achieve the policy objectives, the EUSR's mandate shall be to:

| (a) | promote overall political coordination of the European Union in Central Asia and ensure consistency of the external actions of the European Union in the region without prejudice to Community competence; |
| --- | --- |

(a)

promote overall political coordination of the European Union in Central Asia and ensure consistency of the external actions of the European Union in the region without prejudice to Community competence;

| (b) | monitor, on behalf of the High Representative and in accordance with his mandate, together with the Commission and the Presidency, and without prejudice to Community competence, the implementation process of the EU Strategy for a New Partnership with Central Asia, make recommendations and report to relevant Council bodies on a regular basis; |
| --- | --- |

(b)

monitor, on behalf of the High Representative and in accordance with his mandate, together with the Commission and the Presidency, and without prejudice to Community competence, the implementation process of the EU Strategy for a New Partnership with Central Asia, make recommendations and report to relevant Council bodies on a regular basis;

| (c) | assist the Council in further developing a comprehensive policy towards Central Asia; |
| --- | --- |

(c)

assist the Council in further developing a comprehensive policy towards Central Asia;

| (d) | follow closely political developments in Central Asia by developing and maintaining close contacts with governments, parliaments, judiciary, civil society and mass media; |
| --- | --- |

(d)

follow closely political developments in Central Asia by developing and maintaining close contacts with governments, parliaments, judiciary, civil society and mass media;

| (e) | encourage Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan to cooperate on regional issues of common interest; |
| --- | --- |

(e)

encourage Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan to cooperate on regional issues of common interest;

| (f) | develop appropriate contacts and cooperation with the main interested actors in the region, and all relevant regional and international organisations, including the Shanghai Cooperation Organisation (SCO), the Eurasian Economic Community (EURASEC), the Conference on Interaction and Confidence-Building Measures in Asia (CICA), the Collective Security Treaty Organisation (CSTO), the Central Asia Regional Economic Cooperation Program (CAREC) and the Central Asian Regional Information and Coordination Centre (CARICC); |
| --- | --- |

(f)

develop appropriate contacts and cooperation with the main interested actors in the region, and all relevant regional and international organisations, including the Shanghai Cooperation Organisation (SCO), the Eurasian Economic Community (EURASEC), the Conference on Interaction and Confidence-Building Measures in Asia (CICA), the Collective Security Treaty Organisation (CSTO), the Central Asia Regional Economic Cooperation Program (CAREC) and the Central Asian Regional Information and Coordination Centre (CARICC);

| (g) | contribute to the implementation of the European Union human rights policy and European Union Guidelines on Human Rights, in particular with regard to women and children in conflict-affected areas, especially by monitoring and addressing developments in this regard; |
| --- | --- |

(g)

contribute to the implementation of the European Union human rights policy and European Union Guidelines on Human Rights, in particular with regard to women and children in conflict-affected areas, especially by monitoring and addressing developments in this regard;

| (h) | contribute, in close cooperation with the OSCE, to conflict prevention and resolution by developing contacts with the authorities and other local actors (NGOs, political parties, minorities, religious groups and their leaders); |
| --- | --- |

(h)

contribute, in close cooperation with the OSCE, to conflict prevention and resolution by developing contacts with the authorities and other local actors (NGOs, political parties, minorities, religious groups and their leaders);

| (i) | provide input to the formulation of energy security aspects and anti-narcotics aspects of the CFSP with respect to Central Asia. |
| --- | --- |

(i)

provide input to the formulation of energy security aspects and anti-narcotics aspects of the CFSP with respect to Central Asia.

2.   The EUSR shall support the work of the Secretary-General/High Representative (SG/HR) and maintain an overview of all activities of the European Union in the region.

Article 4

Implementation of the mandate

1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the SG/HR.

2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate.

Article 5

Financing

1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2008 to 28 February 2009 shall be EUR 1 100 000.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2008. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the European Communities with the exception that any pre-financing shall not remain the property of the Community.

3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Article 6

Constitution and composition of the team

1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the SG/HR, and in full association with the Commission. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the SG/HR, the Presidency and the Commission informed of the composition of his team.

2.   Member States and institutions of the European Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the EU to the EUSR shall be covered by the Member State or the institution of the EU concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of an EU Member State.

3.   All seconded personnel shall remain under the administrative authority of the sending Member State or EU institution and shall carry out their duties and act in the interest of the mandate of the EUSR.

Article 7

Privileges and immunities of the EUSR and his staff

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Article 8

Security of EU classified information

The EUSR and the members of his team shall respect security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (2), in particular when managing EU classified information.

Article 9

Access to information and logistical support

1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.

2.   The Presidency, the Commission and/or Member States, as appropriate, shall provide logistical support in the region.

Article 10

Security

In accordance with the EU's policy on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

| (a) | establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan; |
| --- | --- |

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

| (b) | ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area; |
| --- | --- |

(b)

ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area;

| (c) | ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council; |
| --- | --- |

(c)

ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

| (d) | ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports. |
| --- | --- |

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

Article 11

Reporting

The EUSR shall regularly provide the SG/HR and the PSC with oral and written reports. The EUSR shall also report as necessary to working groups. Regular written reports shall be circulated through the COREU network. Upon recommendation of the SG/HR or the PSC, the EUSR may provide the General Affairs and External Relations Council with reports.

Article 12

Coordination

The EUSR shall promote overall EU political coordination. He shall help to ensure that all EU instruments in the field are engaged coherently to attain the EU's policy objectives. The activities of the EUSR shall be coordinated with those of the Presidency and the Commission, as well as those of the EUSR for Afghanistan. The EUSR shall provide Member States' missions and Commission's delegations with regular briefings.

In the field, close liaison shall be maintained with the Presidency, Commission and Member States' Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.

Article 13

Review

The implementation of this Joint Action and its consistency with other contributions from the European Union to the region shall be kept under regular review. The EUSR shall present the SG/HR, the Council and the Commission with a progress report before the end of June 2008 and a comprehensive mandate implementation report by mid-November 2008. These reports shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR shall make recommendations to the PSC concerning the Council's decision on renewal, amendment or termination of the mandate.

Article 14

Entry into force

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

Article 15

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council

The President

A. BAJUK

---

(1)  OJ L 46, 16.2.2007, p. 83. Joint Action as amended by Joint Action 2007/634/CFSP (OJ L 256, 2.10.2007, p. 28).

1

(2)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

2

---

| 13.2.2008 | EN | Official Journal of the European Union | L 38/22 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/22

---

COUNCIL JOINT ACTION 2008/108/CFSP

of 12 February 2008

amending and extending the mandate of the European Union Special Representative for the African Great Lakes Region

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular, Articles 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 15 February 2007, the Council adopted Joint Action 2007/112/CFSP (1) appointing Mr Roeland VAN DE GEER European Union Special Representative (EUSR) for the African Great Lakes Region for the period from 1 March 2007 to 29 February 2008. |
| --- | --- |

(1)

On 15 February 2007, the Council adopted Joint Action 2007/112/CFSP (1) appointing Mr Roeland VAN DE GEER European Union Special Representative (EUSR) for the African Great Lakes Region for the period from 1 March 2007 to 29 February 2008.

| (2) | On 12 June 2007, the Council adopted Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (2), and Joint Action 2007/406/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (3). |
| --- | --- |

(2)

On 12 June 2007, the Council adopted Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (2), and Joint Action 2007/406/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (3).

| (3) | On 20 December 2007, the Council adopted Joint Action 2008/38/CFSP (4) amending Joint Action 2007/405/CFSP (EUPOL RD Congo) to reflect the new command and control structure for EU civilian crisis management operations as approved by the Council on 18 June 2007. |
| --- | --- |

(3)

On 20 December 2007, the Council adopted Joint Action 2008/38/CFSP (4) amending Joint Action 2007/405/CFSP (EUPOL RD Congo) to reflect the new command and control structure for EU civilian crisis management operations as approved by the Council on 18 June 2007.

| (4) | The mandate of the EUSR should be adjusted to the role he has been assigned in relation to these two European Union SSR missions in the Democratic Republic of the Congo and, on the basis of a review of Joint Action 2007/112/CFSP, be extended for a 12-month period. |
| --- | --- |

(4)

The mandate of the EUSR should be adjusted to the role he has been assigned in relation to these two European Union SSR missions in the Democratic Republic of the Congo and, on the basis of a review of Joint Action 2007/112/CFSP, be extended for a 12-month period.

| (5) | The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty, |
| --- | --- |

(5)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Roeland VAN DE GEER as the European Union Special Representative (EUSR) for the African Great Lakes Region is hereby extended until 28 February 2009.

Article 2

Policy objectives

The mandate of the EUSR shall be based on the policy objectives of the European Union regarding the further stabilisation and consolidation of the post-conflict situation in the African Great Lakes Region, paying particular attention to the regional dimension of the developments in the countries concerned. Promoting, in particular, compliance with the basic norms of democracy and good governance, including respect for human rights and the rule of law, these objectives include:

| (a) | active and effective contribution to a consistent, sustainable and responsible policy of the European Union in the African Great Lakes Region, promoting a coherent overall European Union approach in the region. The EUSR shall support the work of the Secretary-General/High Representative (SG/HR) in the region; |
| --- | --- |

(a)

active and effective contribution to a consistent, sustainable and responsible policy of the European Union in the African Great Lakes Region, promoting a coherent overall European Union approach in the region. The EUSR shall support the work of the Secretary-General/High Representative (SG/HR) in the region;

| (b) | ensuring the continued commitment of the European Union to the stabilisation and reconstruction processes in the region, through an active presence on the ground and in relevant international fora, staying in touch with key players and contributing to crisis management; |
| --- | --- |

(b)

ensuring the continued commitment of the European Union to the stabilisation and reconstruction processes in the region, through an active presence on the ground and in relevant international fora, staying in touch with key players and contributing to crisis management;

| (c) | contributing to the post-transition phase in the Democratic Republic of the Congo (DRC), in particular as regards the political process of consolidating the new institutions and defining a broader international framework for political consultation and coordination with the new government; |
| --- | --- |

(c)

contributing to the post-transition phase in the Democratic Republic of the Congo (DRC), in particular as regards the political process of consolidating the new institutions and defining a broader international framework for political consultation and coordination with the new government;

| (d) | contributing, in close cooperation with the United Nations/MONUC, to the international support efforts to pursue a comprehensive Security Sector Reform in the DRC, in particular in view of the coordinating role the European Union is ready to assume in this context; |
| --- | --- |

(d)

contributing, in close cooperation with the United Nations/MONUC, to the international support efforts to pursue a comprehensive Security Sector Reform in the DRC, in particular in view of the coordinating role the European Union is ready to assume in this context;

| (e) | contributing to appropriate follow-up measures to the International Conference of the Great Lakes Region, in particular by establishing close contacts with the Great Lakes Secretariat and its Executive Secretary as well as with the Troika of the follow-up mechanism and by promoting good neighbourly relations in the region; |
| --- | --- |

(e)

contributing to appropriate follow-up measures to the International Conference of the Great Lakes Region, in particular by establishing close contacts with the Great Lakes Secretariat and its Executive Secretary as well as with the Troika of the follow-up mechanism and by promoting good neighbourly relations in the region;

| (f) | addressing the still considerable problem of armed groups operating across the borders with the risk of destabilising the countries in the region and aggravating their internal problems; |
| --- | --- |

(f)

addressing the still considerable problem of armed groups operating across the borders with the risk of destabilising the countries in the region and aggravating their internal problems;

| (g) | contributing to the post-conflict stabilisation in Burundi, Rwanda and Uganda, in particular through accompanying peace negotiations with armed groups like FNL and LRA. |
| --- | --- |

(g)

contributing to the post-conflict stabilisation in Burundi, Rwanda and Uganda, in particular through accompanying peace negotiations with armed groups like FNL and LRA.

Article 3

Mandate

In order to achieve the policy objectives, the mandate of the EUSR shall be to:

| (a) | establish and maintain close contact with the countries of the Great Lakes Region, the United Nations, the African Union, key African countries and main partners of the DRC and the European Union, as well as regional and sub-regional African organisations, other relevant third countries and other key regional leaders; |
| --- | --- |

(a)

establish and maintain close contact with the countries of the Great Lakes Region, the United Nations, the African Union, key African countries and main partners of the DRC and the European Union, as well as regional and sub-regional African organisations, other relevant third countries and other key regional leaders;

| (b) | advise and report on the possibilities for European Union supporting the stabilisation and consolidation process and on how best to pursue European Union initiatives; |
| --- | --- |

(b)

advise and report on the possibilities for European Union supporting the stabilisation and consolidation process and on how best to pursue European Union initiatives;

| (c) | provide advice and assistance for security sector reform (SSR) in the DRC; |
| --- | --- |

(c)

provide advice and assistance for security sector reform (SSR) in the DRC;

| (d) | contribute to the follow-up to the International Conference of the Great Lakes Region, in particular by supporting policies defined in the region pursuing the objectives of non-violence and mutual defence in the resolution of conflicts as well as, regarding the regional cooperation, by promoting human rights and democratisation, good governance, combating impunity, judicial cooperation, and the fight against the illegal exploitation of natural resources; |
| --- | --- |

(d)

contribute to the follow-up to the International Conference of the Great Lakes Region, in particular by supporting policies defined in the region pursuing the objectives of non-violence and mutual defence in the resolution of conflicts as well as, regarding the regional cooperation, by promoting human rights and democratisation, good governance, combating impunity, judicial cooperation, and the fight against the illegal exploitation of natural resources;

| (e) | contribute to a better understanding of the European Union’s role among opinion leaders in the region; |
| --- | --- |

(e)

contribute to a better understanding of the European Union’s role among opinion leaders in the region;

| (f) | contribute, where requested, to the negotiation and implementation of peace and cease-fire agreements between the parties and engage with them diplomatically in the event of non-compliance with the terms of these agreements; in the context of the ongoing LRA negotiations, such activities should be pursued in close coordination with the EUSR for Sudan; |
| --- | --- |

(f)

contribute, where requested, to the negotiation and implementation of peace and cease-fire agreements between the parties and engage with them diplomatically in the event of non-compliance with the terms of these agreements; in the context of the ongoing LRA negotiations, such activities should be pursued in close coordination with the EUSR for Sudan;

| (g) | contribute to the implementation of the European Union human rights policy and European Union Guidelines on human rights, in particular the European Union Guidelines on Children and Armed Conflict, and the European Union policy regarding UN Security Council Resolution 1325(2000) on Women, Peace and Security, including by monitoring and reporting on developments in this regard. |
| --- | --- |

(g)

contribute to the implementation of the European Union human rights policy and European Union Guidelines on human rights, in particular the European Union Guidelines on Children and Armed Conflict, and the European Union policy regarding UN Security Council Resolution 1325(2000) on Women, Peace and Security, including by monitoring and reporting on developments in this regard.

Article 4

Implementation of the mandate

1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the Secretary General/High Representative (SG/HR).

2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate.

Article 5

Financing

1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2008 to 28 February 2009 shall be EUR 1 370 000.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2008. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the European Communities with the exception that any pre-financing shall not remain the property of the Community.

3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Article 6

Constitution and composition of the team

1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the SG/HR, and in full association with the Commission. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the SG/HR, the Presidency and the Commission informed of the composition of his team.

2.   Member States and institutions of the European Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the EU to the EUSR shall be covered by the Member State or the institution of the EU concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of an EU Member State.

3.   All seconded personnel shall remain under the administrative authority of the sending Member State or EU institution and shall carry out their duties and act in the interest of the mandate of the EUSR.

Article 7

Privileges and immunities of the EUSR and his staff

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Article 8

Security of EU classified information

The EUSR and the members of his team shall respect security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (5), in particular when managing EU classified information.

Article 9

Access to information and logistical support

1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.

2.   The Presidency, the Commission and/or Member States, as appropriate, shall provide logistical support in the region.

Article 10

Security

In accordance with the EU’s policy on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

| (a) | establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan; |
| --- | --- |

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

| (b) | ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area; |
| --- | --- |

(b)

ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area;

| (c) | ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council; |
| --- | --- |

(c)

ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

| (d) | ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports. |
| --- | --- |

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

Article 11

Reporting

The EUSR shall regularly provide the SG/HR and the PSC with oral and written reports. The EUSR shall also report as necessary to working groups. Regular written reports shall be circulated through the COREU network. Upon recommendation of the SG/HR or the PSC, the EUSR may provide the General Affairs and External Relations Council with reports.

Article 12

Coordination

1.   The EUSR shall promote coherence between CFSP/ESDP actors and overall EU political coordination. He shall help to ensure that all EU instruments in the field are engaged coherently to attain the EU’s policy objectives. The activities of the EUSR shall be coordinated with those of the Presidency and the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide Member States’ missions and Commission’s delegations with regular briefings.

2.   In the field, close liaison shall be maintained with Presidency, Commission and Member States’ Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.

3.   The EUSR shall ensure consistency between the activities of the EUSEC and EUPOL RD Congo missions and provide the Heads of these missions with local political guidance. The EUSR shall contribute to coordination with the other international players involved in security sector reform in the DRC. The EUSR and the Civilian Operation Commander shall consult each other as required.

Article 13

Review

The implementation of this Joint Action and its consistency with other contributions from the European Union to the region shall be kept under regular review. The EUSR shall present the SG/HR, the Council and the Commission with a progress report before the end of June 2009 and a comprehensive mandate implementation report by mid-November 2009. These reports shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR shall make recommendations to the PSC concerning the Council’s decision on renewal, amendment or termination of the mandate.

Article 14

Entry into force

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

Article 15

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council

The President

A. BAJUK

---

(1)  OJ L 46, 16.2.2007, p. 79.

1

(2)  OJ L 151, 13.6.2007, p. 46.

2

(3)  OJ L 151, 13.6.2007, p. 52.

3

(4)  OJ L 9, 12.1.2008, p. 18.

4

(5)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

5

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| 13.2.2008 | EN | Official Journal of the European Union | L 38/26 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/26

---

COUNCIL COMMON POSITION 2008/109/CFSP

of 12 February 2008

concerning restrictive measures imposed against Liberia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | In 2003 the United Nations Security Council adopted Resolution (UNSCR) 1521 (2003) imposing restrictive measures against Liberia. These measures were implemented by Council Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive measures against Liberia (1). |
| --- | --- |

(1)

In 2003 the United Nations Security Council adopted Resolution (UNSCR) 1521 (2003) imposing restrictive measures against Liberia. These measures were implemented by Council Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive measures against Liberia (1).

| (2) | Following the adoption of UNSCR 1683 (2006) and UNSCR 1731 (2006), the Council adopted Common Position 2006/518/CFSP of 24 July 2006 modifying and renewing certain restrictive measures imposed against Liberia (2), and Common Position 2007/93/CFSP of 12 February 2007 modifying and renewing Common Position 2004/137/CFSP concerning the restrictive measures imposed against Liberia (3) respectively. |
| --- | --- |

(2)

Following the adoption of UNSCR 1683 (2006) and UNSCR 1731 (2006), the Council adopted Common Position 2006/518/CFSP of 24 July 2006 modifying and renewing certain restrictive measures imposed against Liberia (2), and Common Position 2007/93/CFSP of 12 February 2007 modifying and renewing Common Position 2004/137/CFSP concerning the restrictive measures imposed against Liberia (3) respectively.

| (3) | In the light of the developments in Liberia, the United Nations Security Council adopted on 19 December 2007 UNSCR 1792 (2007) renewing the restrictive measures on arms and on travel for a further period of 12 months. UNSCR 1792 (2007) also introduces an obligation to notify the Committee established by paragraph 21 of UNSCR 1521 (2003) upon delivery of all arms and related materiel supplied in accordance with paragraph 2(e) or 2(f) of UNSCR 1521 (2003), paragraph 2 of UNSCR 1683 (2006), or paragraph 1(b) of UNSCR 1731 (2006). |
| --- | --- |

(3)

In the light of the developments in Liberia, the United Nations Security Council adopted on 19 December 2007 UNSCR 1792 (2007) renewing the restrictive measures on arms and on travel for a further period of 12 months. UNSCR 1792 (2007) also introduces an obligation to notify the Committee established by paragraph 21 of UNSCR 1521 (2003) upon delivery of all arms and related materiel supplied in accordance with paragraph 2(e) or 2(f) of UNSCR 1521 (2003), paragraph 2 of UNSCR 1683 (2006), or paragraph 1(b) of UNSCR 1731 (2006).

| (4) | For the sake of clarity, the abovementioned measures should be consolidated into a single legal act. |
| --- | --- |

(4)

For the sake of clarity, the abovementioned measures should be consolidated into a single legal act.

| (5) | Action by the Community is needed in order to implement certain of these measures, |
| --- | --- |

(5)

Action by the Community is needed in order to implement certain of these measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Liberia by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited, whether or not originating in their territories.

2.   It shall also be prohibited:

| (a) | to grant, sell, supply, or transfer technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of items in paragraph 1, directly or indirectly to any person, entity or body in, or for use in, Liberia; |
| --- | --- |

(a)

to grant, sell, supply, or transfer technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of items in paragraph 1, directly or indirectly to any person, entity or body in, or for use in, Liberia;

| (b) | to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of items in paragraph 1, directly or indirectly to any person, entity or body in, or for use in Liberia. |
| --- | --- |

(b)

to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of items in paragraph 1, directly or indirectly to any person, entity or body in, or for use in Liberia.

Article 2

1.   Article 1 shall not apply to:

| (a) | arms and related materiel and technical training and assistance intended solely for support of or use by the United Nations Mission in Liberia; |
| --- | --- |

(a)

arms and related materiel and technical training and assistance intended solely for support of or use by the United Nations Mission in Liberia;

| (b) | arms and related materiel and technical training and assistance intended solely for support of or use in an international training and reform programme for the Liberian armed forces and police, as approved in advance by the Committee established by paragraph 21 of UNSCR 1521 (2003) (the Sanctions Committee); |
| --- | --- |

(b)

arms and related materiel and technical training and assistance intended solely for support of or use in an international training and reform programme for the Liberian armed forces and police, as approved in advance by the Committee established by paragraph 21 of UNSCR 1521 (2003) (the Sanctions Committee);

| (c) | non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Sanctions Committee; |
| --- | --- |

(c)

non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Sanctions Committee;

| (d) | protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; |
| --- | --- |

(d)

protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

| (e) | weapons and ammunition already provided to members of the Special Security Service (SSS) for training purposes and remaining in the custody of the SSS for unencumbered operational use, provided that their transfer to the SSS had been approved in advance by the Sanctions Committee and technical and financial assistance related to such weapons and ammunition; |
| --- | --- |

(e)

weapons and ammunition already provided to members of the Special Security Service (SSS) for training purposes and remaining in the custody of the SSS for unencumbered operational use, provided that their transfer to the SSS had been approved in advance by the Sanctions Committee and technical and financial assistance related to such weapons and ammunition;

| (f) | weapons and ammunition intended for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia, provided that such supplies have been approved in advance by the Sanctions Committee, upon a joint request by the Government of Liberia and the exporting State, and technical and financial assistance related to such weapons and ammunition; |
| --- | --- |

(f)

weapons and ammunition intended for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia, provided that such supplies have been approved in advance by the Sanctions Committee, upon a joint request by the Government of Liberia and the exporting State, and technical and financial assistance related to such weapons and ammunition;

| (g) | non-lethal military equipment other than non-lethal weapons and ammunition, as notified in advance to the Sanctions Committee, intended solely for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia in October 2003. |
| --- | --- |

(g)

non-lethal military equipment other than non-lethal weapons and ammunition, as notified in advance to the Sanctions Committee, intended solely for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia in October 2003.

2.   The supply, sale or transfer of arms and related material or the provision of services, referred to in paragraph 1(a), (b), (c), (e), (f) and (g) shall be subject to an authorisation granted by the competent authorities of the Member States. Member States shall consider deliveries under paragraph 1(a), (b), (c), (e), (f) and (g) on a case-by-case basis, taking full account of the criteria set out in the European Union code of conduct on arms exports. Member States shall require adequate safeguards against misuse of authorisation granted pursuant to this paragraph and, where appropriate, make provisions for repatriation of the delivered arms and related material.

3.   Member States shall notify the Sanctions Committee upon delivery of all arms and related materiel supplied in accordance with paragraph 1(b), (c), (f) and (g).

Article 3

1.   Member States shall take the necessary measures to prevent entry into, or transit through, their territories of all the individuals, designated by the Sanctions Committee, who:

| (a) | constitute a threat to the peace process in Liberia, or are engaged in activities aimed at undermining peace and stability in Liberia and the subregion including those senior members of former President Charles Taylor’s Government and their spouses and members of Liberia’s former armed forces who retain links to former President Charles Taylor; |
| --- | --- |

(a)

constitute a threat to the peace process in Liberia, or are engaged in activities aimed at undermining peace and stability in Liberia and the subregion including those senior members of former President Charles Taylor’s Government and their spouses and members of Liberia’s former armed forces who retain links to former President Charles Taylor;

| (b) | are in violation of the prohibition on the sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, or of the prohibition on the provision of technical training or assistance related to the provision, manufacture, maintenance, or use of such items; |
| --- | --- |

(b)

are in violation of the prohibition on the sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, or of the prohibition on the provision of technical training or assistance related to the provision, manufacture, maintenance, or use of such items;

| (c) | provide financial or military support to armed rebel groups in Liberia or in countries in the region, or are associated with entities so doing. |
| --- | --- |

(c)

provide financial or military support to armed rebel groups in Liberia or in countries in the region, or are associated with entities so doing.

2.   Nothing in paragraph 1 shall oblige a State to refuse entry into its territory of its own nationals.

3.   Paragraph 1 shall not apply where the Sanctions Committee determines that travel is justified on the grounds of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the UN Security Council’s Resolutions, for the creation of peace, stability and democracy in Liberia and lasting peace in the subregion.

Article 4

This Common Position shall take effect on the date of its adoption. It shall be amended or repealed as appropriate, in light of determinations made by the United Nations Security Council.

Article 5

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council

The President

A. BAJUK

---

(1)  OJ L 40, 12.2.2004, p. 35. Common Position as last amended by Common Position 2007/400/CFSP (OJ L 150, 12.6.2007, p. 15).

1

(2)  OJ L 201, 25.7.2006, p. 36.

2

(3)  OJ L 41, 13.2.2007, p. 17.

3

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| 13.2.2008 | EN | Official Journal of the European Union | L 38/28 |
| --- | --- | --- | --- |

13.2.2008

EN

Official Journal of the European Union

L 38/28

---

COUNCIL JOINT ACTION 2008/110/CFSP

of 12 February 2008

amending and extending the mandate of the European Union Special Representative for Sudan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular, Articles 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 15 February 2007, the Council adopted Joint Action 2007/108/CFSP (1) extending the mandate of the European Union Special Representative (EUSR) for Sudan. |
| --- | --- |

(1)

On 15 February 2007, the Council adopted Joint Action 2007/108/CFSP (1) extending the mandate of the European Union Special Representative (EUSR) for Sudan.

| (2) | On 19 April 2007, the Council adopted Decision 2007/238/CFSP (2) appointing Mr Torben BRYLLE as European Union Special Representative (EUSR) for Sudan from 1 May 2007 to 29 February 2008. |
| --- | --- |

(2)

On 19 April 2007, the Council adopted Decision 2007/238/CFSP (2) appointing Mr Torben BRYLLE as European Union Special Representative (EUSR) for Sudan from 1 May 2007 to 29 February 2008.

| (3) | On 20 December 2007, the Council adopted Joint Action 2007/887/CFSP (3) repealing Joint Action 2005/557/CFSP on the European Union civilian-military supporting action to the African Union (AU) missions in the Darfur region of Sudan and in Somalia (AMIS/AMISOM) and providing for the closure of that supporting action. |
| --- | --- |

(3)

On 20 December 2007, the Council adopted Joint Action 2007/887/CFSP (3) repealing Joint Action 2005/557/CFSP on the European Union civilian-military supporting action to the African Union (AU) missions in the Darfur region of Sudan and in Somalia (AMIS/AMISOM) and providing for the closure of that supporting action.

| (4) | The mandate of the EUSR should be amended to reflect the closure of AMIS/AMISOM and, on the basis of a review of Joint Action 2007/108/CFSP, it should be extended for a 12-month period. |
| --- | --- |

(4)

The mandate of the EUSR should be amended to reflect the closure of AMIS/AMISOM and, on the basis of a review of Joint Action 2007/108/CFSP, it should be extended for a 12-month period.

| (5) | The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty, |
| --- | --- |

(5)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty,

HAS ADOPTED THIS JOINT ACTION:

Article 1

European Union Special Representative

The mandate of Mr Torben BRYLLE as the European Union Special Representative (EUSR) for Sudan is hereby extended until 28 February 2009.

Article 2

Policy objectives

1.   The mandate of the EUSR shall be based on the policy objectives of the European Union (EU) in Sudan, notably as regards efforts, as part of the international community and in support of the African Union (AU) and the United Nations (UN), to assist the Sudanese parties, the AU and the UN to achieve a political settlement of the conflict in Darfur, including through the implementation of the Darfur Peace Agreement (DPA) and to facilitate the implementation of the Comprehensive Peace Agreement (CPA) and to promote South-South dialogue, as well as facilitating the implementation of the Eastern Sudan Peace Agreement (ESPA), with due regard to the regional ramifications of these issues and to the principle of African ownership.

2.   The mandate of the EUSR shall furthermore be based on the EU policy objectives in relation to Council Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (4) (EUFOR Tchad/RCA).

Article 3

Mandate

1.   In order to achieve the policy objectives, the EUSR’s mandate shall be to:

| (a) | liaise with the AU, the Government of Sudan, the Government of Southern Sudan, the Darfur armed movements and other Sudanese parties as well as Darfur civil society and non-governmental organisations and maintain close collaboration with the UN and other relevant international actors, with the aim of pursuing the European Union’s policy objectives; |
| --- | --- |

(a)

liaise with the AU, the Government of Sudan, the Government of Southern Sudan, the Darfur armed movements and other Sudanese parties as well as Darfur civil society and non-governmental organisations and maintain close collaboration with the UN and other relevant international actors, with the aim of pursuing the European Union’s policy objectives;

| (b) | represent the European Union at the Darfur-Darfur dialogue, at high-level meetings of the Joint Commission, as well as other relevant meetings as requested; |
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(b)

represent the European Union at the Darfur-Darfur dialogue, at high-level meetings of the Joint Commission, as well as other relevant meetings as requested;

| (c) | represent the European Union, whenever possible, at the CPA and DPA Assessment and Evaluation Commissions; |
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(c)

represent the European Union, whenever possible, at the CPA and DPA Assessment and Evaluation Commissions;

| (d) | follow developments regarding the implementation of the ESPA; |
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(d)

follow developments regarding the implementation of the ESPA;

| (e) | ensure coherence between the European Union’s contribution to crisis management in Darfur and the overall political relationship of the European Union with Sudan; |
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(e)

ensure coherence between the European Union’s contribution to crisis management in Darfur and the overall political relationship of the European Union with Sudan;

| (f) | with regard to human rights, including the rights of children and women, and the fight against impunity in Sudan, follow the situation and maintain regular contacts with the Sudanese authorities, the AU and the UN, in particular with the Office of the High Commissioner for Human Rights, the human rights observers active in the region and the Office of the Prosecutor of the International Criminal Court; |
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(f)

with regard to human rights, including the rights of children and women, and the fight against impunity in Sudan, follow the situation and maintain regular contacts with the Sudanese authorities, the AU and the UN, in particular with the Office of the High Commissioner for Human Rights, the human rights observers active in the region and the Office of the Prosecutor of the International Criminal Court;

| (g) | liaise with the Presidency, the Secretary-General/High Representative (SG/HR), the EU Operation Commander and the EU Force Commander of Operation EUFOR Tchad/RCA in order to ensure close coordination of their respective activities with respect to the implementation of Joint Action 2007/677/CFSP; close coordination shall also be ensured with the local Commission Delegations; |
| --- | --- |

(g)

liaise with the Presidency, the Secretary-General/High Representative (SG/HR), the EU Operation Commander and the EU Force Commander of Operation EUFOR Tchad/RCA in order to ensure close coordination of their respective activities with respect to the implementation of Joint Action 2007/677/CFSP; close coordination shall also be ensured with the local Commission Delegations;

| (h) | with respect to the implementation of Joint Action 2007/677/CFSP, assist the SG/HR in relation to his contacts with the United Nations, the Chadian authorities, the authorities of the Central African Republic and neighbouring countries as well as with other relevant actors; |
| --- | --- |

(h)

with respect to the implementation of Joint Action 2007/677/CFSP, assist the SG/HR in relation to his contacts with the United Nations, the Chadian authorities, the authorities of the Central African Republic and neighbouring countries as well as with other relevant actors;

| (i) | without prejudice to the military chain of command, provide the EU Force Commander of Operation EUFOR Tchad/RCA with political guidance in particular on issues with a regional political dimension; |
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(i)

without prejudice to the military chain of command, provide the EU Force Commander of Operation EUFOR Tchad/RCA with political guidance in particular on issues with a regional political dimension;

| (j) | with respect to his tasks related to Operation EUFOR Tchad/RCA, consult with the EU Force Commander on political issues with a security dimension. |
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(j)

with respect to his tasks related to Operation EUFOR Tchad/RCA, consult with the EU Force Commander on political issues with a security dimension.

2.   For the purpose of the fulfilment of his mandate, the EUSR shall, inter alia:

| (a) | maintain an overview of all activities of the European Union; |
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(a)

maintain an overview of all activities of the European Union;

| (b) | ensure close coordination and coherence of the activities of the European Union with respect to Operation EUFOR Tchad/RCA; |
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(b)

ensure close coordination and coherence of the activities of the European Union with respect to Operation EUFOR Tchad/RCA;

| (c) | support the political process and activities relating to the implementation of the CPA, the DPA and the ESPA; and |
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(c)

support the political process and activities relating to the implementation of the CPA, the DPA and the ESPA; and

| (d) | follow up and report on compliance by the Sudanese parties with the relevant UN Security Council Resolutions, notably 1556(2004), 1564(2004), 1591(2005), 1593(2005), 1672(2006), 1679(2006), 1706 (2006), 1769 (2007) and 1778 (2007). |
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(d)

follow up and report on compliance by the Sudanese parties with the relevant UN Security Council Resolutions, notably 1556(2004), 1564(2004), 1591(2005), 1593(2005), 1672(2006), 1679(2006), 1706 (2006), 1769 (2007) and 1778 (2007).

Article 4

Implementation of the mandate

1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the Secretary General/High Representative (SG/HR).

2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate.

Article 5

Financing

1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2008 to 28 February 2009 shall be EUR 2 000 000.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2008. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the European Communities with the exception that any pre-financing shall not remain the property of the Community.

3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Article 6

Constitution and composition of the team

1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the SG/HR, and in full association with the Commission. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the SG/HR, the Presidency and the Commission informed of the composition of his team.

2.   Member States and institutions of the European Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the EU to the EUSR shall be covered by the Member State or the institution of the EU concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of an EU Member State.

3.   All seconded personnel shall remain under the administrative authority of the sending Member State or EU institution and shall carry out their duties and act in the interest of the mandate of the EUSR.

4.   Offices of the EUSR shall be maintained in Khartoum and in Juba, comprising a Political Advisor and the necessary administrative and logistic support staff. In accordance with the EUSR’s mandate as described in Article 3, a sub-office in Darfur may also be established if the existing Offices in Khartoum and Juba cannot provide all necessary support to EUSR staff deployed in the Darfur region.

Article 7

Privileges and immunities of the EUSR and his staff

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Article 8

Security of EU classified information

The EUSR and the members of his team shall respect security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (5), in particular when managing EU classified information.

Article 9

Access to information and logistical support

1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.

2.   The Presidency, the Commission and/or Member States, as appropriate, shall provide logistical support in the region.

Article 10

Security

In accordance with the EU’s policy on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

| (a) | establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan; |
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(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

| (b) | ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area; |
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(b)

ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area;

| (c) | ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council; |
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(c)

ensuring that all members of his team to be deployed outside the EU, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

| (d) | ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports. |
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(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

Article 11

Reporting

1.   The EUSR shall regularly provide the SG/HR and the PSC with oral and written reports. The EUSR shall also report as necessary to working groups. Regular written reports shall be circulated through the COREU network. Upon recommendation of the SG/HR or the PSC, the EUSR may provide the General Affairs and External Relations Council with reports.

2.   The EUSR shall regularly report to the PSC on the situation in Darfur and on the situation in Sudan as a whole, as well as on the situation in the Republic of Chad and the Central African Republic in relation to EUFOR Tchad/RCA.

Article 12

Coordination

1.   The EUSR shall promote overall EU political coordination. He shall help to ensure that all EU instruments in the field are engaged coherently to attain the EU’s policy objectives. The activities of the EUSR shall be coordinated with those of the Presidency and the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide Member States’ missions and Commission’s delegations with regular briefings.

2.   In the field, close liaison shall be maintained with Presidency, Commission and Member States’ Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.

Article 13

Review

The implementation of this Joint Action and its consistency with other contributions from the European Union to the region shall be kept under regular review. The EUSR shall present the SG/HR, the Council and the Commission with a progress report before the end of June 2008 and a comprehensive mandate implementation report by mid-November 2008. These reports shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR shall make recommendations to the PSC concerning the Council’s decision on renewal, amendment or termination of the mandate.

Article 14

Entry into force

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

Article 15

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council

The President

A. BAJUK

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(1)  OJ L 46, 16.2.2007, p. 63. Joint Action as amended by Joint Action 2007/809/CFSP (OJ L 323, 8.12.2007, p. 57).

1

(2)  OJ L 103, 20.4.2007, p. 52.

2

(3)  OJ L 346, 29.12.2007, p. 28.

3

(4)  OJ L 279, 23.10.2007, p. 21.

4

(5)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

5

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