# Official Journal L 58/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.058.eng |
| --- | --- |
| Official Journal
  of the European Union | L 58 |
| | |
| English edition | Legislation | Volume 539 March 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.058.eng

Official Journal

of the European Union

L 58

English edition

Legislation

Volume 539 March 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EU) No 193/2010 of 8 March 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EU) No 194/2010 of 8 March 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year | 3 |
| | | DIRECTIVES |
| | * | Commission Directive 2010/15/EU of 8 March 2010 amending Council Directive 91/414/EEC to include fluopicolide as active substance (
  1
  ) | 5 |
| | | DECISIONS |
| | * | Council Decision 2010/145/CFSP of 8 March 2010 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) | 8 |
| | | 2010/146/EU |
| | * | Commission Decision of 5 March 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the Faeroese Act on processing of personal data
  (notified under document C(2010) 1130)

   (
  1
  ) | 17 |
| | | 2010/147/EU |
| | * | Commission Decision of 8 March 2010 concerning the draft Decree from Greece on the display of information of all manner of dairy products indicating the country of origin of the raw material (milk) used for the manufacture and sale of such products to the final consumer, and the obligations of retail sellers on how to display dairy products at points of sales within their stores
  (notified under document C(2010) 1195)

   (
  1
  ) | 20 |

Contents

II   Non-legislative acts

page

REGULATIONS

Commission Regulation (EU) No 193/2010 of 8 March 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EU) No 194/2010 of 8 March 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

3

DIRECTIVES

*

Commission Directive 2010/15/EU of 8 March 2010 amending Council Directive 91/414/EEC to include fluopicolide as active substance (
  1
  )

1

5

DECISIONS

*

Council Decision 2010/145/CFSP of 8 March 2010 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

8

2010/146/EU

*

Commission Decision of 5 March 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the Faeroese Act on processing of personal data
  (notified under document C(2010) 1130)

   (
  1
  )

(notified under document C(2010) 1130)

1

17

2010/147/EU

*

Commission Decision of 8 March 2010 concerning the draft Decree from Greece on the display of information of all manner of dairy products indicating the country of origin of the raw material (milk) used for the manufacture and sale of such products to the final consumer, and the obligations of retail sellers on how to display dairy products at points of sales within their stores
  (notified under document C(2010) 1195)

   (
  1
  )

(notified under document C(2010) 1195)

1

20

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part ( OJ L 28, 30.1.2010 ) | 22 |
| | * | Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for certification of design and production organisations ( OJ L 321, 8.12.2009 ) | 23 |

Corrigenda

*

Corrigendum to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part ( OJ L 28, 30.1.2010 )

OJ L 28, 30.1.2010

22

*

Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for certification of design and production organisations ( OJ L 321, 8.12.2009 )

OJ L 321, 8.12.2009

23

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

---

(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.

---

II Non-legislative acts

REGULATIONS

| 9.3.2010 | EN | Official Journal of the European Union | L 58/1 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/1

---

COMMISSION REGULATION (EU) No 193/2010

of 8 March 2010

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

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

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 Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 9 March 2010.

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

Done at Brussels, 8 March 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 168,5 |
| JO | 59,4 |
| MA | 130,3 |
| TN | 164,5 |
| TR | 97,2 |
| ZZ | 124,0 |
| 0707 00 05 | EG | 211,5 |
| JO | 138,7 |
| MK | 134,1 |
| TR | 115,2 |
| ZZ | 149,9 |
| 0709 90 70 | JO | 80,1 |
| MA | 151,0 |
| TR | 103,4 |
| ZZ | 111,5 |
| 0709 90 80 | EG | 38,0 |
| ZZ | 38,0 |
| 0805 10 20 | CL | 52,4 |
| EG | 48,2 |
| IL | 56,8 |
| MA | 52,1 |
| TN | 46,7 |
| TR | 50,1 |
| ZZ | 51,1 |
| 0805 50 10 | EG | 69,1 |
| IL | 65,7 |
| MA | 65,7 |
| TR | 65,4 |
| ZZ | 66,5 |
| 0808 10 80 | CA | 96,6 |
| CN | 70,3 |
| MK | 24,7 |
| US | 123,3 |
| ZZ | 78,7 |
| 0808 20 50 | AR | 73,9 |
| CL | 180,9 |
| CN | 62,1 |
| US | 95,6 |
| ZA | 99,7 |
| ZZ | 102,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

168,5

JO

59,4

MA

130,3

TN

164,5

TR

97,2

ZZ

124,0

0707 00 05

EG

211,5

JO

138,7

MK

134,1

TR

115,2

ZZ

149,9

0709 90 70

JO

80,1

MA

151,0

TR

103,4

ZZ

111,5

0709 90 80

EG

38,0

ZZ

38,0

0805 10 20

CL

52,4

EG

48,2

IL

56,8

MA

52,1

TN

46,7

TR

50,1

ZZ

51,1

0805 50 10

EG

69,1

IL

65,7

MA

65,7

TR

65,4

ZZ

66,5

0808 10 80

CA

96,6

CN

70,3

MK

24,7

US

123,3

ZZ

78,7

0808 20 50

AR

73,9

CL

180,9

CN

62,1

US

95,6

ZA

99,7

ZZ

102,4

---

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

---

| 9.3.2010 | EN | Official Journal of the European Union | L 58/3 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/3

---

COMMISSION REGULATION (EU) No 194/2010

of 8 March 2010

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

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

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 190/2010 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 190/2010 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 9 March 2010.

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

Done at Brussels, 8 March 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 253, 25.9.2009, p. 3.

3

(4)  
  OJ L 56, 6.3.2010, p. 4.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 9 March 2010

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 38,91 | 0,00 |
| 1701 11 90  (1) | 38,91 | 3,23 |
| 1701 12 10  (1) | 38,91 | 0,00 |
| 1701 12 90  (1) | 38,91 | 2,93 |
| 1701 91 00  (2) | 44,88 | 4,01 |
| 1701 99 10  (2) | 44,88 | 0,87 |
| 1701 99 90  (2) | 44,88 | 0,87 |
| 1702 90 95  (3) | 0,45 | 0,24 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

38,91

0,00

1701 11 90  (1)

38,91

3,23

1701 12 10  (1)

38,91

0,00

1701 12 90  (1)

38,91

2,93

1701 91 00  (2)

44,88

4,01

1701 99 10  (2)

44,88

0,87

1701 99 90  (2)

44,88

0,87

1702 90 95  (3)

0,45

0,24

---

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

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

(3)  Per 1 % sucrose content.

---

DIRECTIVES

| 9.3.2010 | EN | Official Journal of the European Union | L 58/5 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/5

---

COMMISSION DIRECTIVE 2010/15/EU

of 8 March 2010

amending Council Directive 91/414/EEC to include fluopicolide as active substance

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,

Whereas:

| (1) | In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 7 May 2004 an application from Bayer CropScience for the inclusion of the active substance fluopicolide in Annex I to Directive 91/414/EEC. Commission Decision 2005/778/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC. |
| --- | --- |

(1)

In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 7 May 2004 an application from Bayer CropScience for the inclusion of the active substance fluopicolide in Annex I to Directive 91/414/EEC. Commission Decision 2005/778/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

| (2) | For that active substance, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 12 December 2005. |
| --- | --- |

(2)

For that active substance, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 12 December 2005.

| (3) | The assessment report was peer reviewed by the Member States and the EFSA and presented to the Commission in the format of the EFSA Scientific Report for fluopicolide on 4 June 2009 (3). This report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 27 November 2009 in the format of the Commission review report for fluopicolide. |
| --- | --- |

(3)

The assessment report was peer reviewed by the Member States and the EFSA and presented to the Commission in the format of the EFSA Scientific Report for fluopicolide on 4 June 2009 (3). This report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 27 November 2009 in the format of the Commission review report for fluopicolide.

| (4) | It has appeared from the various examinations made that plant protection products containing fluopicolide may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include fluopicolide in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance may be granted in accordance with the provisions of that Directive. |
| --- | --- |

(4)

It has appeared from the various examinations made that plant protection products containing fluopicolide may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include fluopicolide in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance may be granted in accordance with the provisions of that Directive.

| (5) | Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that the inclusion of a substance in Annex I may be subject to conditions. It is appropriate, as regards fluopicolide, to require that the notifier submits further information on the relevance of the metabolite M15 for groundwater. |
| --- | --- |

(5)

Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that the inclusion of a substance in Annex I may be subject to conditions. It is appropriate, as regards fluopicolide, to require that the notifier submits further information on the relevance of the metabolite M15 for groundwater.

| (6) | Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing provisional authorisations of plant protection products containing fluopicolide to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should transform existing provisional authorisations into full authorisations, amend them or withdraw them in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC. |
| --- | --- |

(6)

Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing provisional authorisations of plant protection products containing fluopicolide to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should transform existing provisional authorisations into full authorisations, amend them or withdraw them in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

| (7) | It is therefore appropriate to amend Directive 91/414/EEC accordingly. |
| --- | --- |

(7)

It is therefore appropriate to amend Directive 91/414/EEC accordingly.

| (8) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.

Article 2

Member States shall adopt and publish by 30 November 2010 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 December 2010.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing fluopicolide as active substance by 30 November 2010. By that date, they shall in particular verify that the conditions in Annex I to that Directive relating to fluopicolide are met, with the exception of those identified in part B of the entry concerning the active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13(2) of that Directive.

2.   By way of derogation from paragraph 1, for each authorised plant protection product containing fluopicolide as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2010 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning fluopicolide. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.

Following that determination Member States shall:

| (a) | in the case of a product containing fluopicolide as the only active substance, where necessary, amend or withdraw the authorisation by 30 November 2011 at the latest; or |
| --- | --- |

(a)

in the case of a product containing fluopicolide as the only active substance, where necessary, amend or withdraw the authorisation by 30 November 2011 at the latest; or

| (b) | in the case of a product containing fluopicolide as one of several active substances, where necessary, amend or withdraw the authorisation by 30 November 2011 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest. |
| --- | --- |

(b)

in the case of a product containing fluopicolide as one of several active substances, where necessary, amend or withdraw the authorisation by 30 November 2011 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

Article 4

This Directive shall enter into force on 1 June 2010.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 8 March 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 230, 19.8.1991, p. 1.

1

(2)  
  OJ L 293, 9.11.2005, p. 26.

2

(3)  EFSA Scientific Report (2009) 299, 1-158, Conclusion regarding the peer review of the pesticide risk assessment of the active substance fluopicolide (finalised: 4 June 2009).

3

---

ANNEX

In Annex I to Directive 91/414/EEC, the following entry is added at the end of the table:

| No | Common Name, Identification Numbers | IUPAC Name | Purity (1) | Entry into force | Expiration of inclusion | Specific provisions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘303 | Fluopicolide
  CAS No
  239110-15-7
  CIPAC No 787 | 2,6-dichloro-N-[3-chloro-5-(trifluoromethyl)-2-pyridylmethyl]benzamide | ≥ 970 g/kg
  The impurity toluene must not exceed 3 g/kg in the technical material. | 1 June 2010 | 31 May 2020 | PART A
  Only uses as fungicide may be authorised.
  PART B
  For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fluopicolide, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 27 November 2009 shall be taken into account.
  In this overall assessment, Member States must pay particular attention to:






  — | the protection of aquatic organisms, |

No

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Entry into force

Expiration of inclusion

Specific provisions

‘303

Fluopicolide

CAS No

239110-15-7

CIPAC No 787

2,6-dichloro-N-[3-chloro-5-(trifluoromethyl)-2-pyridylmethyl]benzamide

≥ 970 g/kg

The impurity toluene must not exceed 3 g/kg in the technical material.

1 June 2010

31 May 2020

PART A

Only uses as fungicide may be authorised.

PART B

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fluopicolide, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 27 November 2009 shall be taken into account.

In this overall assessment, Member States must pay particular attention to:

—

the protection of aquatic organisms,

| — | the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions, |
| --- | --- |

—

the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

| — | to the risk to operators during application, |
| --- | --- |

—

to the risk to operators during application,

| — | the potential for long range transport via air. |
| --- | --- |

—

the potential for long range transport via air.

Conditions of authorisation shall include risk mitigation measures and monitoring programmes shall be initiated to verify potential accumulation and exposure in vulnerable areas, where appropriate.

The Member States concerned shall ensure that the notifier submits to the Commission further information on the relevance of the metabolite M15 for groundwater by 30 April 2012 at the latest.’

---

(1)  Further details on identity and specification of active substances are provided in the review report.

1

---

DECISIONS

| 9.3.2010 | EN | Official Journal of the European Union | L 58/8 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/8

---

COUNCIL DECISION 2010/145/CFSP

of 8 March 2010

renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

| (1) | On 16 April 2003, the Council adopted Common Position 2003/280/CFSP in support of the effective implementation of the mandate of the ICTY (1). |
| --- | --- |

(1)

On 16 April 2003, the Council adopted Common Position 2003/280/CFSP in support of the effective implementation of the mandate of the ICTY (1).

| (2) | On 30 March 2004, the Council adopted Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (2). |
| --- | --- |

(2)

On 30 March 2004, the Council adopted Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (2).

| (3) | Common Position 2004/293/CFSP was extended for the last time by Common Position 2009/164/CFSP of 26 February 2009 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (3) until 16 March 2010. |
| --- | --- |

(3)

Common Position 2004/293/CFSP was extended for the last time by Common Position 2009/164/CFSP of 26 February 2009 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (3) until 16 March 2010.

| (4) | Persons indicted by the ICTY are still at large, and there is evidence that they are being assisted in their efforts to continue to evade justice. |
| --- | --- |

(4)

Persons indicted by the ICTY are still at large, and there is evidence that they are being assisted in their efforts to continue to evade justice.

| (5) | The measures provided for in Common Position 2004/293/CFSP should be renewed for a further 12 months, |
| --- | --- |

(5)

The measures provided for in Common Position 2004/293/CFSP should be renewed for a further 12 months,

HAS ADOPTED THIS DECISION:

Article 1

1.   Member States shall take the necessary measures to prevent the entry into, or transit through their territories of the persons listed in the Annex, who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them or are otherwise acting in a manner which could obstruct the ICTY’s effective implementation of its mandate.

2.   Paragraph 1 will not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

| (a) | as a host country of an international intergovernmental organisation; |
| --- | --- |

(a)

as a host country of an international intergovernmental organisation;

| (b) | as a host country to an international conference convened by, or under the auspices of, the United Nations; |
| --- | --- |

(b)

as a host country to an international conference convened by, or under the auspices of, the United Nations;

| (c) | under a multilateral agreement conferring privileges and immunities; or |
| --- | --- |

(c)

under a multilateral agreement conferring privileges and immunities; or

| (d) | under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy. |
| --- | --- |

(d)

under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.

6.   Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly assists the ICTY in the implementation of its mandate.

7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within 48 hours of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

8.   In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 2

The Council, acting upon a proposal by the High Representative of the Union for Foreign Affairs and Security Policy or a Member State, shall adopt modifications to the list contained in the Annex as required.

Article 3

In order to maximise the impact of the abovementioned measures, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.

Article 4

1.   This Decision shall take effect on the date of its adoption. It shall expire on 16 March 2011.

2.   This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Article 5

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

Done at Brussels, 8 March 2010.

For the Council

The President

C. CORBACHO

---

(1)  
  OJ L 101, 23.4.2003, p. 22.

1

(2)  
  OJ L 94, 31.3.2004, p. 65.

2

(3)  
  OJ L 55, 27.2.2009, p. 44.

3

---

ANNEX

1.   BILBIJA, Milorad

Son of Svetko BILBIJA

Date of birth/Place of birth: 13.8.1956, Sanski Most, Bosnia and Herzegovina

Passport No: 3715730

ID Card No: 03GCD9986

Personal ID No: 1308956163305

Aliases:

Address: Brace Pantica 7, Banja Luka, Bosnia and Herzegovina

2.   BJELICA, Milovan

Date of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina

Passport No: 0000148, issued on 26.7.1998 in Srpsko Sarajevo (annulled)

ID Card No: 03ETA0150

Personal ID No: 1910958130007

Aliases: Cicko

Address: CENTREK Company in Pale, Bosnia and Herzegovina

3.   ECIM (EĆIM), Ljuban

Date of birth/Place of birth: 6.1.1964, Sviljanac, Bosnia and Herzegovina

Passport No: 0144290, issued on 21.11.1998 in Banja Luka (annulled)

ID Card No: 03GCE3530

Personal ID No: 0601964100083

Aliases:

Address: Ulica Stevana Mokranjca 26, Banja Luka, Bosnia and Herzegovina

4.   HADZIC (HADŽIĆ), Goranka

Daughter of Branko and Milena HADZIC (HADŽIĆ)

Date of birth/Place of birth: 18.6.1962, Vinkovci Municipality, Croatia

Passport No:

ID Card No: 1806962308218 (JMBG), ID Card No: 569934/03

Aliases:

Address: Aranj Janosa Street 9, Novi Sad, Serbia

Relationship to person indicted for war crimes (PIFWC): sister of Goran HADZIC (HADŽIĆ)

5.   HADZIC (HADŽIĆ), Ivana

Daughter of Goran and Živka HADZIC (HADŽIĆ)

Date of birth/Place of birth: 25.2.1983, Vukovar, Croatia

Passport No:

ID Card No:

Aliases:

Address: Aranj Janosa Street 9, Novi Sad, Serbia

Relationship to PIFWC: daughter of Goran HADZIC (HADŽIĆ)

6.   HADZIC (HADŽIĆ), Srecko (Srećko)

Son of Goran and Živka HADZIC (HADŽIĆ)

Date of birth/Place of birth: 8.10.1987, Vukovar, Croatia

Passport No:

ID Card No:

Aliases:

Address: Aranj Janosa Street 9, Novi Sad, Serbia

Relationship to PIFWC: son of Goran HADZIC (HADŽIĆ)

7.   HADZIC (HADŽIĆ), Zivka (Živka)

Daughter of Branislav NUDIC (NUDIĆ)

Date of birth/Place of birth: 9.6.1957, Vinkovci, Croatia

Passport No:

ID Card No:

Aliases:

Address: Aranj Janosa Street 9, Novi Sad, Serbia

Relationship to PIFWC: spouse of Goran HADZIC (HADŽIĆ)

8.   JOVICIC (JOVIČIĆ), Predrag

Son of Desmir JOVICIC (JOVIČIĆ)

Date of birth/Place of birth: 1.3.1963, Pale, Bosnia and Herzegovina

Passport No: 4363551

ID Card No: 03DYA0852

Personal ID No: 0103963173133

Aliases:

Address: Milana Simovica 23, Pale, Bosnia and Herzegovina

9.   KESEROVIC (KESEROVIĆ), Dragomir

Son of Slavko

Date of birth/Place of birth: 8.6.1957, Piskavica/Banja Luka, Bosnia and Herzegovina

Passport No: 4191306

ID Card No: 04GCH5156

Personal ID No: 0806957100028

Aliases:

Address:

10.   KIJAC, Dragan

Date of birth/Place of birth: 6.10.1955, Sarajevo, Bosnia and Herzegovina

Passport No:

ID Card No:

Personal ID No:

Aliases:

Address:

11.   KOJIC (KOJIĆ), Radomir

Son of Milanko and Zlatana

Date of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac, Bosnia and Herzegovina

Passport No: 4742002, issued in 2002 in Sarajevo (expired in 2007)

ID Card No: 03DYA1935, issued on 7.7.2003 in Sarajevo

Personal ID No: 2311950173133

Aliases: Mineur or Ratko

Address: 115 Trifka Grabeza, Pale, or Hotel KRISTAL, Jahorina, Bosnia and Herzegovina

12.   KOVAC (KOVAČ), Tomislav

Son of Vaso

Date of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina

Passport No:

ID Card No:

Personal ID No: 0412959171315

Aliases: Tomo

Address: Bijela, Montenegro; and Pale, Bosnia and Herzegovina

13.   KUJUNDZIC (KUJUNDŽIĆ), Predrag

Son of Vasilija

Date of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina

Passport No:

ID Card No: 03GFB1318

Personal ID No: 3001961120044

Aliases: Predo

Address: Doboj, Bosnia and Herzegovina

14.   LUKOVIC (LUKOVIĆ), Milorad Ulemek

Date of birth/Place of birth: 15.5.1968, Belgrade, Serbia

Passport No:

ID Card No:

Personal ID No:

Aliases: Legija (forged ID as IVANIC, Zeljko (IVANIĆ, Željko))

Address: incarcerated (Belgrade District Prison, Bacvanska 14, Belgrade)

15.   MALIS (MALIŠ), Milomir

Son of Dejan MALIS (MALIŠ)

Date of birth/Place of birth: 3.8.1966, Bjelice

Passport No:

ID Card No:

Personal ID No: 0308966131572

Aliases:

Address: Vojvode Putnika, Foca, Bosnia and Herzegovina

16.   MANDIC (MANDIĆ), Momcilo (Momčilo)

Date of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina

Passport No: 0121391, issued on 12.5.1999 in Srpsko Sarajevo, Bosnia and Herzegovina (annulled)

ID Card No:

Personal ID No: 0105954171511

Aliases: Momo

Address: incarcerated

17.   MARIC (MARIĆ), Milorad

Son of Vinko MARIC (MARIĆ)

Date of birth/Place of birth: 9.9.1957, Visoko, Bosnia and Herzegovina

Passport No: 4587936

ID Card No: 04GKB5268

Personal ID No: 0909957171778

Aliases:

Address: Vuka Karadzica 148, Zvornik, Bosnia and Herzegovina

18.   MICEVIC (MIČEVIĆ), Jelenko

Son of Luka and Desanka, maiden name: SIMIC (SIMIĆ)

Date of birth/Place of birth: 8.8.1947, Borci near Konjic, Bosnia and Herzegovina

Passport No: 4166874

ID Card No: 03BIA3452

Personal ID No: 0808947710266

Aliases: Filaret

Address: Milesevo monastery, Serbia

19.   MLADIC (MLADIĆ), Biljana (maiden name: STOJCEVSKA (STOJČEVSKA))

Daughter of Strahilo STOJCEVSKI (STOJČEVSKI) and Svetlinka STOJCEVSKA (STOJČEVSKA)

Date of birth/Place of birth: 30.5.1972, Skopje, former Yugoslav Republic of Macedonia

Passport No:

ID Card No: 3005972455086 (JMBG)

Aliases:

Address: registered at Blagoja Parovica 117a, Belgrade, but resides at Vidikovacki venac 83, Belgrade, Serbia

Relationship to PIFWC: daughter-in-law of Ratko MLADIC (MLADIĆ)

20.   MLADIC (MLADIĆ), Bosiljka (maiden name: JEGDIC (JEGDIĆ))

Daughter of Petar JEGDIC (JEGDIĆ)

Date of birth/Place of birth: 20.7.1947, Okrugljaca, Virovitica Municipality, Croatia

ID Card No: 2007947455100 (JMBG)

Personal ID Card: T77619, issued on 31.5.1992 by SUP Belgrade

Address: Blagoja Parovica 117a, Belgrade, Serbia

Relationship to PIFWC: wife of Ratko MLADIC (MLADIĆ)

21.   MLADIC (MLADIĆ), Darko

Son of Ratko and Bosiljka MLADIC (MLADIĆ)

Date of birth/Place of birth: 19.8.1969, Skopje, former Yugoslav Republic of Macedonia

Passport No: SCG passport No 003220335, issued on 26.2.2002

ID Card No: 1908969450106 (JMBG); personal identity card B112059, issued on 8.4.1994 by SUP Belgrade

Aliases:

Address: Vidikovacki venac 83, Belgrade, Serbia

Relationship to PIFWC: son of Ratko MLADIC (MLADIĆ)

22.   NINKOVIC (NINKOVIĆ), Milan

Son of Simo

Date of birth/Place of birth: 15.6.1943, Doboj, Bosnia and Herzegovina

Passport No: 3944452

ID Card No: 04GFE3783

Personal ID No: 1506943120018

Aliases:

Address:

23.   OSTOJIC (OSTOJIĆ), Velibor

Son of Jozo

Date of birth/Place of birth: 8.8.1945, Celebici, Foca, Bosnia and Herzegovina

Passport No:

ID Card No:

Personal ID No:

Aliases:

Address:

24.   OSTOJIC (OSTOJIĆ), Zoran

Son of Mico OSTOJIC (OSTOJIĆ)

Date of birth/Place of birth: 29.3.1961, Sarajevo, Bosnia and Herzegovina

Passport No:

ID Card No: 04BSF6085

Personal ID No: 2903961172656

Aliases:

Address: Malta 25, Sarajevo, Bosnia and Herzegovina

25.   PAVLOVIC (PAVLOVIĆ), Petko

Son of Milovan PAVLOVIC (PAVLOVIĆ)

Date of birth/Place of birth: 6.6.1957, Ratkovici, Bosnia and Herzegovina

Passport No: 4588517

ID Card No: 03GKA9274

Personal ID No: 0606957183137

Aliases:

Address: Vuka Karadjica 148, Zvornik, Bosnia and Herzegovina

26.   POPOVIC (POPOVIĆ), Cedomir (Čedomir)

Son of Radomir POPOVIC (POPOVIĆ)

Date of birth/Place of birth: 24.3.1950, Petrovici

Passport No:

ID Card No: 04FAA3580

Personal ID No: 2403950151018

Aliases:

Address: Crnogorska 36, Bileca, Bosnia and Herzegovina

27.   PUHALO, Branislav

Son of Djuro

Date of birth/Place of birth: 30.8.1963, Foca, Bosnia and Herzegovina

Passport No:

ID Card No:

Personal ID No: 3008963171929

Aliases:

Address:

28.   RADOVIC (RADOVIĆ), Nade

Son of Milorad RADOVIC (RADOVIĆ)

Date of birth/Place of birth: 26.1.1951, Foca, Bosnia and Herzegovina

Passport No: old 0123256 (annulled)

ID Card No: 03GJA2918

Personal ID No: 2601951131548

Aliases:

Address: Stepe Stepanovica 12, Foca/Srbinje, Bosnia and Herzegovina

29.   RATIC (RATIĆ), Branko

Date of birth/Place of birth: 26.11.1957, MIHALJEVCI SLAVONSKA POZEGA, Bosnia and Herzegovina

Passport No: 0442022, issued on 17.9.1999 in Banja Luka

ID Card No: 03GCA8959

Personal ID No: 2611957173132

Aliases:

Address: Ulica Krfska 42, Banja Luka, Bosnia and Herzegovina

30.   ROGULJIC (ROGULJIĆ), Slavko

Date of birth/Place of birth: 15.5.1952, SRPSKA CRNJA HETIN, Serbia

Non-valid passports No 3747158, issued on 12.4.2002 in Banja Luka, expired on 12.4.2007, and No 0020222, issued on 25.8.1988 in Banja Luka, expired on 25.8.2003

ID Card No: 04EFA1053

Personal ID No: 1505952103022

Aliases:

Address: 21 Vojvode Misica, Laktasi, Bosnia and Herzegovina

31.   SAROVIC (ŠAROVIĆ), Mirko

Date of birth/Place of birth: 16.9.1956, Rusanovici-Rogatica, Bosnia and Herzegovina

Passport No: 4363471, issued at Istocno Sarajevo, with expiry date 8.10.2008

ID Card No: 04PEA4585

Personal ID No: 1609956172657

Aliases:

Address: Bjelopoljska 42, 71216 Srpsko Sarajevo, Bosnia and Herzegovina

32.   SKOCAJIC (SKOČAJIĆ), Mrksa (Mrkša)

Son of Dejan SKOCAJIC (SKOČAJIĆ)

Date of birth/Place of birth: 5.8.1953, Blagaj, Bosnia and Herzegovina

Passport No: 3681597

ID Card No: 04GDB9950

Personal ID No: 0508953150038

Aliases:

Address: Trebinjskih Brigade, Trebinje, Bosnia and Herzegovina

33.   VRACAR (VRAČAR), Milenko

Date of birth/Place of birth: 15.5.1956, Nisavici, Prijedor, Bosnia and Herzegovina

Non-valid passports No 3865548, issued on 29.8.2002 in Banja Luka, expired on 29.8.2007, and No 0280280, issued on 4.12.1999 in Banja Luka, expired on 4.12.2004, and No 0062130, issued on 16.9.1998 in Banja Luka, Bosnia and Herzegovina

ID Card No: 03GCE6934

Personal ID No: 1505956160012

Aliases:

Address: 14 Save Ljuboje, Banja Luka, Bosnia and Herzegovina

34.   ZOGOVIC (ZOGOVIĆ), Milan

Son of Jovan

Date of birth/Place of birth: 7.10.1939, Dobrusa

Passport No:

ID Card No:

Personal ID No:

Aliases:

Address:

---

| 9.3.2010 | EN | Official Journal of the European Union | L 58/17 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/17

---

COMMISSION DECISION

of 5 March 2010

pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the Faeroese Act on processing of personal data

(notified under document C(2010) 1130)

(Text with EEA relevance)

(2010/146/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1), and in particular Article 25(6) thereof,

After consulting the Working Party on Protection of Individuals with regard to the processing of personal data (2),

Whereas:

| (1) | Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States' laws implementing other provisions of the Directive are complied with prior to the transfer. |
| --- | --- |

(1)

Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States' laws implementing other provisions of the Directive are complied with prior to the transfer.

| (2) | The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary. |
| --- | --- |

(2)

The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.

| (3) | Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations and giving particular consideration to a number of elements relevant for the transfer and listed in Article 25(2) thereof. |
| --- | --- |

(3)

Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations and giving particular consideration to a number of elements relevant for the transfer and listed in Article 25(2) thereof.

| (4) | Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community’s present international commitments. |
| --- | --- |

(4)

Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community’s present international commitments.

| (5) | The Faeroe Islands are a self-governing community within the Kingdom of Denmark. When Denmark joined the European Community in 1973, the Faeroe Islands did not. They are therefore to be considered as a third country within the meaning of Directive 95/46/EC. |
| --- | --- |

(5)

The Faeroe Islands are a self-governing community within the Kingdom of Denmark. When Denmark joined the European Community in 1973, the Faeroe Islands did not. They are therefore to be considered as a third country within the meaning of Directive 95/46/EC.

| (6) | The Home Rule Act of the Faeroe Islands divides all policy areas into two main groups, whereby Special Faeroese Affairs are the responsibility of the Faeroese Government’s administration and legislation and Joint Concerns are the responsibility of the Kingdom of Denmark. This Decision only covers transfer of personal data from the Community to recipients in the Faeroe Islands who are subject to the Act on Processing of Personal Data (3) (‘the Faeroese Act’). The Faeroese Act does not apply to the processing of personal data in the course of an activity carried out by authorities of the Kingdom of Denmark, namely, the High Commissioner of the Faeroe Islands (Rigsombudsmanden), the Court of the Faeroe Islands (Sorenskriveren), the Commissioner of the Faeroe Islands (Politimesteren på Færøerne), the Prison and Probation Service of the Faeroe Islands (Kriminalforsorgens afdeling), the Island Command Faeroes (Færøernes Kommando) and the Chief Medical Officer of the Faeroe Islands (Landslægen). |
| --- | --- |

(6)

The Home Rule Act of the Faeroe Islands divides all policy areas into two main groups, whereby Special Faeroese Affairs are the responsibility of the Faeroese Government’s administration and legislation and Joint Concerns are the responsibility of the Kingdom of Denmark. This Decision only covers transfer of personal data from the Community to recipients in the Faeroe Islands who are subject to the Act on Processing of Personal Data (3) (‘the Faeroese Act’). The Faeroese Act does not apply to the processing of personal data in the course of an activity carried out by authorities of the Kingdom of Denmark, namely, the High Commissioner of the Faeroe Islands (Rigsombudsmanden), the Court of the Faeroe Islands (Sorenskriveren), the Commissioner of the Faeroe Islands (Politimesteren på Færøerne), the Prison and Probation Service of the Faeroe Islands (Kriminalforsorgens afdeling), the Island Command Faeroes (Færøernes Kommando) and the Chief Medical Officer of the Faeroe Islands (Landslægen).

| (7) | The Faeroese Act is based on the standards set out in Directive 95/46/EC and accordingly it covers all the basic principles necessary for an adequate level of protection of the right of natural persons to privacy with respect to the processing of personal data. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the supervisory authority, the Data Protection Commissioner, who is invested with powers of investigation and intervention. |
| --- | --- |

(7)

The Faeroese Act is based on the standards set out in Directive 95/46/EC and accordingly it covers all the basic principles necessary for an adequate level of protection of the right of natural persons to privacy with respect to the processing of personal data. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the supervisory authority, the Data Protection Commissioner, who is invested with powers of investigation and intervention.

| (8) | In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection. |
| --- | --- |

(8)

In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC, |
| --- | --- |

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of Article 25(2) of Directive 95/46/EC, the Faeroe Islands are considered as providing an adequate level of protection for personal data transferred from the European Union to recipients subject to the Act on Processing of Personal Data (‘the Faeroese Act’).

Article 2

This Decision concerns only the adequacy of protection provided in the Faeroe Islands by the Faeroese Act with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and does not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.

Article 3

1.   Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to a recipient in the Faeroe Islands whose activities fall within the scope of the Faeroese Act in order to protect individuals with regard to the processing of their personal data in the following cases:

| (a) | where a competent Faeroese authority has determined that the recipient is in breach of the applicable standards of protection; or |
| --- | --- |

(a)

where a competent Faeroese authority has determined that the recipient is in breach of the applicable standards of protection; or

| (b) | where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Faeroese authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in the Faeroe Islands with notice and an opportunity to respond. |
| --- | --- |

(b)

where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Faeroese authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in the Faeroe Islands with notice and an opportunity to respond.

2.   The suspension shall cease as soon as the standards of protection are assured and the competent authority of the Member States concerned is notified thereof.

Article 4

1.   Member States shall inform the Commission without delay when measures are adopted on the basis of Article 3(1).

2.   The Member States and the Commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standards of protection in the Faeroe Islands fails to secure such compliance.

3.   If the information collected under Article 3 and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in the Faeroe Islands is not effectively fulfilling its role, the Commission shall inform the competent Faeroese authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.

Article 5

The Commission shall monitor the functioning of this Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision, that protection in the Faeroe Islands is adequate within the meaning of Article 25 of Directive 95/46/EC and any evidence that this Decision is being implemented in a discriminatory way.

Article 6

Member States shall take all the measures necessary to comply with the Decision by the end of a period of 90 days from the date of its notification to the Member States at the latest.

Article 7

This Decision shall apply from 15 June 2010.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 5 March 2010.

For the Commission

Viviane REDING

Vice-President

---

(1)  
  OJ L 281, 23.11.1995, p. 31.

1

(2)  Opinion 9/2007 on the level of protection of personal data in Faeroe Islands, adopted on 9 October 2007, available at http://ec.europa.eu/justice_home/fsj/privacy/workinggroup/wpdocs/2007_en.htm

2

(3)  Act No 73 of 8 May 2001 on Processing of Personal Data, available at http://www.datueftirlitid.fo/Default.asp?sida = 2878

3

---

| 9.3.2010 | EN | Official Journal of the European Union | L 58/20 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/20

---

COMMISSION DECISION

of 8 March 2010

concerning the draft Decree from Greece on the display of information of all manner of dairy products indicating the country of origin of the raw material (milk) used for the manufacture and sale of such products to the final consumer, and the obligations of retail sellers on how to display dairy products at points of sales within their stores

(notified under document C(2010) 1195)

(Only the Greek text is authentic)

(Text with EEA relevance)

(2010/147/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1), and in particular Article 19 thereof,

Whereas:

| (1) | In accordance with the procedure provided for in the second paragraph of Article 19 of Directive 2000/13/EC, the Greek authorities notified the Commission on 1 June 2009 of the draft Decree on the display of information of all manner of dairy products indicating the country of origin of the raw material (milk) used for the manufacture and sale of such products to the final consumer, and the obligations of retail sellers on how to display dairy products at points of sales within their stores. |
| --- | --- |

(1)

In accordance with the procedure provided for in the second paragraph of Article 19 of Directive 2000/13/EC, the Greek authorities notified the Commission on 1 June 2009 of the draft Decree on the display of information of all manner of dairy products indicating the country of origin of the raw material (milk) used for the manufacture and sale of such products to the final consumer, and the obligations of retail sellers on how to display dairy products at points of sales within their stores.

| (2) | According to Article 1(1) of the notified Decree, this applies to milk, chocolate milk, yoghurt, all kinds of milk-based desserts, crèmes, rice pudding and cream to be sold to the final consumer in sealed packages. |
| --- | --- |

(2)

According to Article 1(1) of the notified Decree, this applies to milk, chocolate milk, yoghurt, all kinds of milk-based desserts, crèmes, rice pudding and cream to be sold to the final consumer in sealed packages.

| (3) | Article 1(2) of the notified draft requires that where the abovementioned products are made in Greece, the sealed packaging of those products must also have information indicating the origin of the raw materials (milk) from which those products are made. Such information shall consist in a minimum content described in letters (a) and (b) of Article 1(2) of the draft Decree. |
| --- | --- |

(3)

Article 1(2) of the notified draft requires that where the abovementioned products are made in Greece, the sealed packaging of those products must also have information indicating the origin of the raw materials (milk) from which those products are made. Such information shall consist in a minimum content described in letters (a) and (b) of Article 1(2) of the draft Decree.

| (4) | Article 1(3) of the notified draft provides that, where the abovementioned products come from European Union countries other than Greece or are imported from non-EU countries, their sealed packaging must include information which indicates at the very least the specific country of production of those products or a label ‘Made in EU’. |
| --- | --- |

(4)

Article 1(3) of the notified draft provides that, where the abovementioned products come from European Union countries other than Greece or are imported from non-EU countries, their sealed packaging must include information which indicates at the very least the specific country of production of those products or a label ‘Made in EU’.

| (5) | Article 1(6) of the notified draft lays down rules concerning the manner in which those indications have to be presented: they must be displayed on at least one side of the packaging, and in particular on the side considered to be the front, below the trade name of the product in clearly legible, indelible letters, and must be in Greek. |
| --- | --- |

(5)

Article 1(6) of the notified draft lays down rules concerning the manner in which those indications have to be presented: they must be displayed on at least one side of the packaging, and in particular on the side considered to be the front, below the trade name of the product in clearly legible, indelible letters, and must be in Greek.

| (6) | Directive 2000/13/EC harmonises the rules governing the labelling of foodstuffs by making provision for, on the one hand, harmonisation of certain national provisions and, secondly, arrangements for non-harmonised national provisions. The scope of harmonisation is defined in Article 3(1) of that Directive, which lists all the particulars that are compulsory on the labelling of foodstuffs in accordance with Articles 4 to 17 and subject to the exceptions contained therein. Furthermore, Article 4(2) of Directive 2000/13/EC provides that other particulars in addition to those listed in Article 3(1) of that Directive may be required, in the case of specified foodstuffs, by Union provisions or, in their absence, by national provisions. |
| --- | --- |

(6)

Directive 2000/13/EC harmonises the rules governing the labelling of foodstuffs by making provision for, on the one hand, harmonisation of certain national provisions and, secondly, arrangements for non-harmonised national provisions. The scope of harmonisation is defined in Article 3(1) of that Directive, which lists all the particulars that are compulsory on the labelling of foodstuffs in accordance with Articles 4 to 17 and subject to the exceptions contained therein. Furthermore, Article 4(2) of Directive 2000/13/EC provides that other particulars in addition to those listed in Article 3(1) of that Directive may be required, in the case of specified foodstuffs, by Union provisions or, in their absence, by national provisions.

| (7) | Article 18(2) of Directive 2000/13/EC allows the adoption of non-harmonised national provisions if they are justified on one of the grounds listed therein, including, inter alia, the prevention of fraud and the protection of public health, and provided they are not of such a nature as to impede application of the definitions and rules laid down by Directive 2000/13/EC. Therefore, where draft national labelling provisions have been proposed in a Member State, it is necessary to examine their compatibility with the abovementioned requirements and the provisions of the Treaty. |
| --- | --- |

(7)

Article 18(2) of Directive 2000/13/EC allows the adoption of non-harmonised national provisions if they are justified on one of the grounds listed therein, including, inter alia, the prevention of fraud and the protection of public health, and provided they are not of such a nature as to impede application of the definitions and rules laid down by Directive 2000/13/EC. Therefore, where draft national labelling provisions have been proposed in a Member State, it is necessary to examine their compatibility with the abovementioned requirements and the provisions of the Treaty.

| (8) | The Greek authorities maintain that the notified measure is necessary to protect consumers and provide them with complete information so that they are aware of the country of origin of the raw material contained in the products in question. They also state that the draft Decree is necessary to safeguard the interests of Greek dairy farmers. |
| --- | --- |

(8)

The Greek authorities maintain that the notified measure is necessary to protect consumers and provide them with complete information so that they are aware of the country of origin of the raw material contained in the products in question. They also state that the draft Decree is necessary to safeguard the interests of Greek dairy farmers.

| (9) | In accordance with Article 3(1)(8) of Directive 2000/13/EC the indication of the place of origin or provenance is mandatory where failure to give such a particular might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff. This provision puts in place an appropriate mechanism to counter the risk of consumers being misled in cases where some elements could imply that a given food comes from an origin or provenance different from the true one. In the case of the dairy products listed in Article 1(1) of the notified Decree, the Greek authorities did not provide any justification allowing to conclude that the introduction, as a general rule, of an obligation to indicate the country of origin of the raw material (milk) or the specific country of production or a label ‘Made in EU’ is necessary to attain one of the objectives listed in Article 18(2) of Directive 2000/13/EC. |
| --- | --- |

(9)

In accordance with Article 3(1)(8) of Directive 2000/13/EC the indication of the place of origin or provenance is mandatory where failure to give such a particular might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff. This provision puts in place an appropriate mechanism to counter the risk of consumers being misled in cases where some elements could imply that a given food comes from an origin or provenance different from the true one. In the case of the dairy products listed in Article 1(1) of the notified Decree, the Greek authorities did not provide any justification allowing to conclude that the introduction, as a general rule, of an obligation to indicate the country of origin of the raw material (milk) or the specific country of production or a label ‘Made in EU’ is necessary to attain one of the objectives listed in Article 18(2) of Directive 2000/13/EC.

| (10) | In light of these observations, the Commission has delivered a negative opinion pursuant to the third paragraph of Article 19 of Directive 2000/13/EC. |
| --- | --- |

(10)

In light of these observations, the Commission has delivered a negative opinion pursuant to the third paragraph of Article 19 of Directive 2000/13/EC.

| (11) | The Greek authorities should accordingly be requested not to adopt the corresponding provisions of the draft Decree in question. |
| --- | --- |

(11)

The Greek authorities should accordingly be requested not to adopt the corresponding provisions of the draft Decree in question.

| (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

Greece shall not adopt Article 1(2), (3) and (6) of the draft Decree on the display of information of all manner of dairy products indicating the country of origin of the raw material (milk) used for the manufacture and sale of such products to the final consumer, and the obligations of retail sellers on how to display dairy products at points of sales within their stores.

Article 2

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 8 March 2010.

For the Commission

John DALLI

Member of the Commission

---

(1)  
  OJ L 109, 6.5.2000, p. 29.

1

---

Corrigenda

| 9.3.2010 | EN | Official Journal of the European Union | L 58/22 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/22

---

Corrigendum to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part

(
  Official Journal of the European Union L 28 of 30 January 2010
  )

Page 16 should read as follows:

‘За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

För Europeiska gemenskapen

За Европску заједницу

Image 1

Image 2

За Република Сърбия

Por la República de Serbia

Za Republiku Srbsko

For Republikken Serbien

Für die Republik Serbien

Serbia Vabariigi nimel

Για τη Δημοκρατία της Σερβίας

For the Republic of Serbia

Pour la République de Serbie

Per la Repubblica di Serbia

Serbijas Republikas vārdā

Serbijos Respublikos vardu

A Szerb Köztársaság részéről

Għar-Repubblika tas-Serbja

Voor de Republiek Servië

W imieniu Republiki Serbskiej

Pela República da Sérvia

Pentru Republica Serbia

Za Srbskú republiku

Za Republiko Srbijo

Serbian tasavallan puolesta

För Republiken Serbien

За Републику Србију’

Image 3

---

| 9.3.2010 | EN | Official Journal of the European Union | L 58/23 |
| --- | --- | --- | --- |

9.3.2010

EN

Official Journal of the European Union

L 58/23

---

Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for certification of design and production organisations

(
  Official Journal of the European Union L 321 of 8 December 2009
  )

| 1. | On page 26, point 45, for ‘Appendix IV’, read ‘Appendix V’. |
| --- | --- |

1.

On page 26, point 45, for ‘Appendix IV’, read ‘Appendix V’.

| 2. | On page 28, point 46, for ‘Appendix V’, read ‘Appendix VI’. |
| --- | --- |

2.

On page 28, point 46, for ‘Appendix V’, read ‘Appendix VI’.

| 3. | On page 30, point 47, for ‘Appendix VII’, read ‘Appendix VIII’. |
| --- | --- |

3.

On page 30, point 47, for ‘Appendix VII’, read ‘Appendix VIII’.

| 4. | On page 33, point 48, for ‘Appendix IX’, read ‘Appendix X’. |
| --- | --- |

4.

On page 33, point 48, for ‘Appendix IX’, read ‘Appendix X’.

| 5. | On page 35, point 49, for ‘Appendix X’, read ‘Appendix XI’. |
| --- | --- |

5.

On page 35, point 49, for ‘Appendix X’, read ‘Appendix XI’.

---