# Official Journal L 5/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 5 |
| | |
| English edition | Legislation | Volume 648 January 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 5

English edition

Legislation

Volume 648 January 2021

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2021/11 of 7 January 2021 amending Implementing Regulation (EU) No 498/2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union | 1 |
| | | DECISIONS |
| | * | Council Decision (EU) 2021/12 of 17 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the determination of goods not at risk | 5 |
| | * | Council Decision (EU) 2021/13 of 4 January 2021 appointing a member and two alternate members, proposed by Ireland, of the Committee of the Regions | 14 |
| | * | Council Decision (CFSP) 2021/14 of 7 January 2021 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) | 16 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2021/11 of 7 January 2021 amending Implementing Regulation (EU) No 498/2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union

1

DECISIONS

*

Council Decision (EU) 2021/12 of 17 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the determination of goods not at risk

5

*

Council Decision (EU) 2021/13 of 4 January 2021 appointing a member and two alternate members, proposed by Ireland, of the Committee of the Regions

14

*

Council Decision (CFSP) 2021/14 of 7 January 2021 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali)

16

| 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.

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II Non-legislative acts

REGULATIONS

| 8.1.2021 | EN | Official Journal of the European Union | L 5/1 |
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8.1.2021

EN

Official Journal of the European Union

L 5/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2021/11

of 7 January 2021

amending Implementing Regulation (EU) No 498/2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2012/105/EU of 14 December 2011 on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement (1), and in particular Article 4 thereof,

Whereas:

| (1) | On 22 August 2012, the Russian Federation acceded to the World Trade Organization. The commitments of the Russian Federation include tariff-rate quotas for the export of specified types of coniferous wood, a share of which has been allocated for exports to the Union. The modalities for the administration of those tariff-rate quotas are laid down in the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union (2) (‘the Agreement’) and in the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to the Agreement (3) (‘the Protocol’). The Agreement and the Protocol were signed on 16 December 2011. They have been applied provisionally from the date of the accession of the Russian Federation to the World Trade Organization. |
| --- | --- |

(1)

On 22 August 2012, the Russian Federation acceded to the World Trade Organization. The commitments of the Russian Federation include tariff-rate quotas for the export of specified types of coniferous wood, a share of which has been allocated for exports to the Union. The modalities for the administration of those tariff-rate quotas are laid down in the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union (2) (‘the Agreement’) and in the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to the Agreement (3) (‘the Protocol’). The Agreement and the Protocol were signed on 16 December 2011. They have been applied provisionally from the date of the accession of the Russian Federation to the World Trade Organization.

| (2) | Pursuant to Article 4 of Decision 2012/105/EU, Commission Implementing Regulation (EU) No 498/2012 (4) laid down the rules on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union. That Regulation will cease to apply on the date on which the procedure for the conclusion of the Protocol is completed. |
| --- | --- |

(2)

Pursuant to Article 4 of Decision 2012/105/EU, Commission Implementing Regulation (EU) No 498/2012 (4) laid down the rules on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union. That Regulation will cease to apply on the date on which the procedure for the conclusion of the Protocol is completed.

| (3) | While the Agreement and the Protocol continue to be applied provisionally, pending the completion of the procedures for their conclusion, the experience gained with the implementation of Implementing Regulation (EU) No 498/2012 has revealed the need to amend some provisions of that Regulation. |
| --- | --- |

(3)

While the Agreement and the Protocol continue to be applied provisionally, pending the completion of the procedures for their conclusion, the experience gained with the implementation of Implementing Regulation (EU) No 498/2012 has revealed the need to amend some provisions of that Regulation.

| (4) | Article 7(1) of Implementing Regulation (EU) No 498/2012 should be amended in order to ensure that in the first part of each quota period the maximum import rights of traditional importers, for any of the product groups, are not lower than those granted to new importers. |
| --- | --- |

(4)

Article 7(1) of Implementing Regulation (EU) No 498/2012 should be amended in order to ensure that in the first part of each quota period the maximum import rights of traditional importers, for any of the product groups, are not lower than those granted to new importers.

| (5) | Pursuant to Article 3 of the Protocol, the classification of the covered products is based on the tariff and statistical nomenclature applied in Russia. Annexes I and III to Implementing Regulation (EU) No 498/2012 refer to the relevant tariff codes of the covered products. Considering that the nomenclature has been modified since the Protocol has applied provisionally, there is a need to reflect these modifications in the Annexes to reflect the tariff and statistical nomenclature currently applied in the Russian Federation. Annexes I and III should therefore be amended accordingly. |
| --- | --- |

(5)

Pursuant to Article 3 of the Protocol, the classification of the covered products is based on the tariff and statistical nomenclature applied in Russia. Annexes I and III to Implementing Regulation (EU) No 498/2012 refer to the relevant tariff codes of the covered products. Considering that the nomenclature has been modified since the Protocol has applied provisionally, there is a need to reflect these modifications in the Annexes to reflect the tariff and statistical nomenclature currently applied in the Russian Federation. Annexes I and III should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Wood Committee established by Decision 2012/105/EU, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Wood Committee established by Decision 2012/105/EU,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 498/2012 is amended as follows:

| (1) | in Article 2, the second paragraph is replaced by the following:
  ‘In addition, the following definition shall apply: “product group” means each of the two categories of covered products according to the classification of such products under the tariff and statistical nomenclature applied in the Russian Federation, namely spruce and pine. The relevant tariff codes applied in the Russian Federation and corresponding Combined Nomenclature (*1) (“CN”) and TARIC codes are attached as Annex I.

  (*1)  Currently falling within Commission Regulation (EU) 2019/1776 (OJ L 280, 31.10.2019, p. 1.)’;" |
| --- | --- |

(1)

in Article 2, the second paragraph is replaced by the following:

‘In addition, the following definition shall apply: “product group” means each of the two categories of covered products according to the classification of such products under the tariff and statistical nomenclature applied in the Russian Federation, namely spruce and pine. The relevant tariff codes applied in the Russian Federation and corresponding Combined Nomenclature (*1) (“CN”) and TARIC codes are attached as Annex I.

(*1)  Currently falling within Commission Regulation (EU) 2019/1776 (OJ L 280, 31.10.2019, p. 1.)’;"

| (2) | in Article 7, paragraph 1 is replaced by the following:

  ‘1.   Every year, the Commission shall calculate ceilings applicable to each traditional importer for the following quota period in accordance with the method established in Article 6(2). If the calculated ceiling of a traditional importer for a given product group is below the maximum of 1,5 % of the tariff quota granted to new importers in accordance with Article 4(3), the ceiling of the traditional importer concerned shall be established at a level of 1,5 % of the tariff quota for the respective product group.’; |
| --- | --- |

(2)

in Article 7, paragraph 1 is replaced by the following:

‘1.   Every year, the Commission shall calculate ceilings applicable to each traditional importer for the following quota period in accordance with the method established in Article 6(2). If the calculated ceiling of a traditional importer for a given product group is below the maximum of 1,5 % of the tariff quota granted to new importers in accordance with Article 4(3), the ceiling of the traditional importer concerned shall be established at a level of 1,5 % of the tariff quota for the respective product group.’;

| (3) | Annex I is replaced by the text in Annex I to this Regulation; |
| --- | --- |

(3)

Annex I is replaced by the text in Annex I to this Regulation;

| (4) | Annex III is replaced by the text in Annex II to this Regulation. |
| --- | --- |

(4)

Annex III is replaced by the text in Annex II to this Regulation.

Article 2

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

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

Done at Brussels, 7 January 2021.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  OJ L 57, 29.2.2012, p. 1.

1

(2)  OJ L 57, 29.2.2012, p. 3.

2

(3)  OJ L 57, 29.2.2012, p. 5.

3

(4)  Commission Implementing Regulation (EU) No 498/2012 of 12 June 2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union (OJ L 152, 13.6.2012, p. 28).

4

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ANNEX I

‘ANNEX I

Relevant tariff codes applied in the Russian Federation and corresponding CN and TARIC codes as referred to in Article 2

| | CN code | TARIC code | Russian Tariff code | Full description |
| --- | --- | --- | --- | --- |
| 1. | ex 4403 23 10 | 10 | 4403 23 110 0 | Timber of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.), of a diameter of no less than 15 cm but no more than 24 cm, of a length of no less than 1,0 m |
| ex 4403 23 90 | 10 | 4403 23 190 0 |
| 2. | ex 4403 23 10 | 10 | 4403 23 110 0 | Timber of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.), of a diameter of more than 24 cm, of a length of no less than 1,0 m |
| ex 4403 23 90 | 10 | 4403 23 190 0 |
| 3. | ex 4403 24 00 | 10 | 4403 24 100 0 | Wood of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, of a diameter of less than 15 cm |
| 4. | ex 4403 24 00 | 10 | 4403 24 100 0 | Other wood of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.) |
| 5. | ex 4403 21 10 | 10 | 4403 21 110 0 | Timber of pine of the kind Pinus sylvestris L., of a diameter of no less than 15 cm but no more than 24 cm, of a length of no less than 1,0 m |
| ex 4403 21 90 | 10 | 4403 21 190 0 |
| 6. | ex 4403 21 10 | 10 | 4403 21 110 0 | Timber of pine of the kind Pinus sylvestris L., of a diameter of more than 24 cm, of a length of no less than 1,0 m |
| ex 4403 21 90 | 10 | 4403 21 190 0 |
| 7. | ex 4403 22 00 | 10 | 4403 22 100 0 | Wood of pine of the kind Pinus sylvestris L. (in the rough, whether or not stripped of bark or sapwood, or roughly squared) of a diameter of less than 15 cm |
| 8. | ex 4403 22 00 | 10 | 4403 22 100 0 | Other wood of pine of the kind Pinus sylvestris L. |

CN code

TARIC code

Russian Tariff code

Full description

1.

ex 4403 23 10

10

4403 23 110 0

Timber of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.), of a diameter of no less than 15 cm but no more than 24 cm, of a length of no less than 1,0 m

ex 4403 23 90

10

4403 23 190 0

2.

ex 4403 23 10

10

4403 23 110 0

Timber of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.), of a diameter of more than 24 cm, of a length of no less than 1,0 m

ex 4403 23 90

10

4403 23 190 0

3.

ex 4403 24 00

10

4403 24 100 0

Wood of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, of a diameter of less than 15 cm

4.

ex 4403 24 00

10

4403 24 100 0

Other wood of spruce of the kind Picea abies Karst. or silver fir (Abies alba Mill.)

5.

ex 4403 21 10

10

4403 21 110 0

Timber of pine of the kind Pinus sylvestris L., of a diameter of no less than 15 cm but no more than 24 cm, of a length of no less than 1,0 m

ex 4403 21 90

10

4403 21 190 0

6.

ex 4403 21 10

10

4403 21 110 0

Timber of pine of the kind Pinus sylvestris L., of a diameter of more than 24 cm, of a length of no less than 1,0 m

ex 4403 21 90

10

4403 21 190 0

7.

ex 4403 22 00

10

4403 22 100 0

Wood of pine of the kind Pinus sylvestris L. (in the rough, whether or not stripped of bark or sapwood, or roughly squared) of a diameter of less than 15 cm

8.

ex 4403 22 00

10

4403 22 100 0

Other wood of pine of the kind Pinus sylvestris L.

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ANNEX II

‘ANNEX III

Correction coefficients referred to in Article 11(2)

| Russian Tariff code | Correction coefficient |
| --- | --- |
| 4403231100
  4403231900
  4403241000 | 0,88 |
| 4403211100
  4403211900
  4403221000 | 0,87 |

Russian Tariff code

Correction coefficient

4403231100

4403231900

4403241000

0,88

4403211100

4403211900

4403221000

0,87

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DECISIONS

| 8.1.2021 | EN | Official Journal of the European Union | L 5/5 |
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8.1.2021

EN

Official Journal of the European Union

L 5/5

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COUNCIL DECISION (EU) 2021/12

of 17 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the determination of goods not at risk

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 50(2) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘the Withdrawal Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/135 (1) on 30 January 2020 and entered into force on 1 February 2020. |
| --- | --- |

(1)

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘the Withdrawal Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/135 (1) on 30 January 2020 and entered into force on 1 February 2020.

| (2) | Article 166 of the Withdrawal Agreement empowers the Joint Committee established by Article 164 of the Withdrawal Agreement (‘the Joint Committee’) to adopt decisions in respect of all matters for which the Withdrawal Agreement so provides. The Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an integral part of the Withdrawal Agreement. |
| --- | --- |

(2)

Article 166 of the Withdrawal Agreement empowers the Joint Committee established by Article 164 of the Withdrawal Agreement (‘the Joint Committee’) to adopt decisions in respect of all matters for which the Withdrawal Agreement so provides. The Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an integral part of the Withdrawal Agreement.

| (3) | Article 5(1) of the Protocol provides for the application of customs duties applicable in Union law for goods brought into Northern Ireland which are considered at risk of subsequently being moved into the Union. Goods not at risk are subject to either no customs duties or those customs duties applicable in the United Kingdom. |
| --- | --- |

(3)

Article 5(1) of the Protocol provides for the application of customs duties applicable in Union law for goods brought into Northern Ireland which are considered at risk of subsequently being moved into the Union. Goods not at risk are subject to either no customs duties or those customs duties applicable in the United Kingdom.

| (4) | Under Article 5(2) of the Protocol, all goods brought into Northern Ireland are to be considered to be at risk of subsequently being moved into the Union. In order for goods brought into Northern Ireland to be considered ‘not at risk’ in this sense, it needs to be established that those goods will not be subject to commercial processing there and that they fulfil the criteria established by the Joint Committee. |
| --- | --- |

(4)

Under Article 5(2) of the Protocol, all goods brought into Northern Ireland are to be considered to be at risk of subsequently being moved into the Union. In order for goods brought into Northern Ireland to be considered ‘not at risk’ in this sense, it needs to be established that those goods will not be subject to commercial processing there and that they fulfil the criteria established by the Joint Committee.

| (5) | The criteria for goods not being subject to commercial processing should respect the fact that, under Article 4 of the Protocol, Northern Ireland forms part of the United Kingdom’s customs territory. They should also reflect the commitment of the Parties to the Protocol that the implementation of the Protocol should impact as little as possible on the everyday life of communities in both Ireland and Northern Ireland. |
| --- | --- |

(5)

The criteria for goods not being subject to commercial processing should respect the fact that, under Article 4 of the Protocol, Northern Ireland forms part of the United Kingdom’s customs territory. They should also reflect the commitment of the Parties to the Protocol that the implementation of the Protocol should impact as little as possible on the everyday life of communities in both Ireland and Northern Ireland.

| (6) | Goods brought into Northern Ireland may be considered not to be at risk of subsequently being moved into the Union where the tariff differential is zero, or where it is otherwise ensured that there is no incentive for economic operators to ship goods into Northern Ireland solely because of the applicable customs tariff. |
| --- | --- |

(6)

Goods brought into Northern Ireland may be considered not to be at risk of subsequently being moved into the Union where the tariff differential is zero, or where it is otherwise ensured that there is no incentive for economic operators to ship goods into Northern Ireland solely because of the applicable customs tariff.

| (7) | It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, |
| --- | --- |

(7)

It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by Article 164 of the Withdrawal Agreement as regards the determination of goods not at risk shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2

The Decision of the Joint Committee shall be published in the Official Journal of the European Union.

Article 3

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

Done at Brussels, 17 December 2020.

For the Council

The President

S. SCHULZE

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(1)  Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 1).

1

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DRAFT

DECISION No .../2020 OF THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY

of ...

on the determination of goods not at risk

THE JOINT COMMITTEE

Having regard to the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(2) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

This Decision sets out rules for implementing Article 5(2) of the Protocol on Ireland/Northern Ireland (“the Protocol”) as regards:

| (a) | the conditions for considering that a good brought into Northern Ireland from outside the Union will not be subject to commercial processing in Northern Ireland; |
| --- | --- |

(a)

the conditions for considering that a good brought into Northern Ireland from outside the Union will not be subject to commercial processing in Northern Ireland;

| (b) | the criteria for considering that a good brought into Northern Ireland from outside the Union is not at risk of subsequently being moved into the Union. |
| --- | --- |

(b)

the criteria for considering that a good brought into Northern Ireland from outside the Union is not at risk of subsequently being moved into the Union.

Article 2

Non-commercial processing

A good shall not be considered to be subject to commercial processing where:

| (a) | the person who lodges a declaration for release for free circulation in respect of that good or on whose behalf such declaration is lodged (“importer”) had a total annual turnover of less than GBP 500 000 in its most recent complete financial year; or |
| --- | --- |

(a)

the person who lodges a declaration for release for free circulation in respect of that good or on whose behalf such declaration is lodged (“importer”) had a total annual turnover of less than GBP 500 000 in its most recent complete financial year; or

| (b) | the processing is in Northern Ireland and is for the sole purpose of:






  (i) | the sale of food to an end-consumer in the United Kingdom; |
| --- | --- | --- |

(b)

the processing is in Northern Ireland and is for the sole purpose of:

(i)

the sale of food to an end-consumer in the United Kingdom;

| (ii) | construction, where the processed goods form a permanent part of a structure that is constructed and located in Northern Ireland by the importer; |
| --- | --- |

(ii)

construction, where the processed goods form a permanent part of a structure that is constructed and located in Northern Ireland by the importer;

| (iii) | direct provision to the recipient of health or care services by the importer in Northern Ireland; |
| --- | --- |

(iii)

direct provision to the recipient of health or care services by the importer in Northern Ireland;

| (iv) | not-for-profit activities in Northern Ireland, where there is no subsequent sale of the processed good by the importer; or |
| --- | --- |

(iv)

not-for-profit activities in Northern Ireland, where there is no subsequent sale of the processed good by the importer; or

| (v) | the final use of animal feed on premises located in Northern Ireland by the importer. |
| --- | --- |

(v)

the final use of animal feed on premises located in Northern Ireland by the importer.

Article 3

Criteria for considering goods not to be at risk of subsequently being moved into the Union

1.   A good shall be considered not to be at risk of subsequently being moved into the Union, where it is not considered to be subject to commercial processing in accordance with Article 2, and where:

| (a) | in the case of goods brought into Northern Ireland from another part of the United Kingdom by direct transport,






  (i) | the duty payable according to the Union Common Customs Tariff is equal to zero, or |
| --- | --- | --- |

(a)

in the case of goods brought into Northern Ireland from another part of the United Kingdom by direct transport,

(i)

the duty payable according to the Union Common Customs Tariff is equal to zero, or

| (ii) | the importer has been authorised in accordance with Articles 5 to 7 of this Decision to bring that good into Northern Ireland for its sale to, or final use by, end-consumers located in the United Kingdom, including where that good has been subject to non-commercial processing in accordance with Article 2 before its sale to, or final use by, end-consumers; |
| --- | --- |

(ii)

the importer has been authorised in accordance with Articles 5 to 7 of this Decision to bring that good into Northern Ireland for its sale to, or final use by, end-consumers located in the United Kingdom, including where that good has been subject to non-commercial processing in accordance with Article 2 before its sale to, or final use by, end-consumers;

| (b) | in the case of goods brought into Northern Ireland by direct transport other than from the Union or another part of the United Kingdom,






  (i) | the duty payable according to the Union Common Customs Tariff is equal to or less than the duty payable according to the customs tariff of the United Kingdom, or |
| --- | --- | --- |

(b)

in the case of goods brought into Northern Ireland by direct transport other than from the Union or another part of the United Kingdom,

(i)

the duty payable according to the Union Common Customs Tariff is equal to or less than the duty payable according to the customs tariff of the United Kingdom, or

| (ii) | the importer has been authorised in accordance with Articles 5 to 7 of this decision to bring that good into Northern Ireland for its sale to, or final use by, end-consumers located in Northern Ireland (including where that good has been subject to non-commercial processing in accordance with Article 2 before its sale to, or final use by, end-consumers), and the difference between the duty payable according to the Union Common Customs Tariff and the duty payable according to the customs tariff of the United Kingdom is lower than 3 % of the customs value of the good. |
| --- | --- |

(ii)

the importer has been authorised in accordance with Articles 5 to 7 of this decision to bring that good into Northern Ireland for its sale to, or final use by, end-consumers located in Northern Ireland (including where that good has been subject to non-commercial processing in accordance with Article 2 before its sale to, or final use by, end-consumers), and the difference between the duty payable according to the Union Common Customs Tariff and the duty payable according to the customs tariff of the United Kingdom is lower than 3 % of the customs value of the good.

2.   Paragraphs 1(a)(ii) and 1(b)(ii) shall not apply to goods subject to trade defence measures adopted by the Union.

Article 4

Determination of the applicable duties

For the purposes of Article 3(1)(a)(i) and 3(1)(b), the following rules shall apply:

| (a) | the duty payable according to the Union Common Customs Tariff to a good shall be determined in accordance with the rules set out in the Union customs legislation; |
| --- | --- |

(a)

the duty payable according to the Union Common Customs Tariff to a good shall be determined in accordance with the rules set out in the Union customs legislation;

| (b) | the duty payable according to the customs tariff of the United Kingdom to a good shall be determined in accordance with the rules set out in the customs legislation of the United Kingdom. |
| --- | --- |

(b)

the duty payable according to the customs tariff of the United Kingdom to a good shall be determined in accordance with the rules set out in the customs legislation of the United Kingdom.

Article 5

Authorisation for the purposes in Article 3

1.   For the purposes of Articles 3(1)(a)(ii) and 3(1)(b)(ii), an application for an authorisation to bring goods into Northern Ireland by direct transport for sale to, or final use by, end-consumers shall be submitted to the competent authority of the United Kingdom.

2.   The application for the authorisation referred to in paragraph 1 shall contain information on the applicant’s business activities, on the goods typically brought into Northern Ireland, as well as a description of the type of records, systems and controls put in place by the applicant to ensure that the goods covered by the authorisation are properly declared for customs purposes and evidence can be provided to support the undertaking in Article 6(b). The trader shall keep the evidence, e.g. invoices, for the past five years and shall provide it to the competent authorities upon their request. The data requirements of the application are set out in detail in the Annex to this Decision.

3.   The authorisation shall at least indicate the following:

| (a) | the name of the person to whom the authorisation has been granted (“authorisation holder”); |
| --- | --- |

(a)

the name of the person to whom the authorisation has been granted (“authorisation holder”);

| (b) | a single reference number attributed by the competent customs authority to the decision (“authorisation reference number”); |
| --- | --- |

(b)

a single reference number attributed by the competent customs authority to the decision (“authorisation reference number”);

| (c) | the authority having granted the authorisation; |
| --- | --- |

(c)

the authority having granted the authorisation;

| (d) | the date of taking effect of the authorisation. |
| --- | --- |

(d)

the date of taking effect of the authorisation.

4.   The provisions of Union customs legislation on decisions relating to the application of the customs legislation shall apply to applications and authorisations referred to in this Article, including as regards monitoring.

5.   In cases where the competent customs authority of the United Kingdom observes deliberate mis-use of an authorisation or breaches of conditions for an authorisation set out in this Decision the authority shall suspend or revoke the authorisation.

Article 6

General conditions for authorisation

For the purposes of Articles 3(1)(a)(ii) and 3(1)(b)(ii), an authorisation may be granted to applicants who:

| (a) | meet the following establishment criteria:






  (i) | they are established in Northern Ireland or they have a fixed place of business in Northern Ireland






  — | where human and technical resources are permanently present; and |
| --- | --- | --- | --- |

(a)

meet the following establishment criteria:

(i)

they are established in Northern Ireland or they have a fixed place of business in Northern Ireland

—

where human and technical resources are permanently present; and

| — | from where goods are sold to, or provided for final use by, end-consumers; and |
| --- | --- |

—

from where goods are sold to, or provided for final use by, end-consumers; and

| — | where customs, commercial and transport records and information are available or accessible in Northern Ireland, and |
| --- | --- |

—

where customs, commercial and transport records and information are available or accessible in Northern Ireland, and

| (ii) | in case they are not established in Northern Ireland, their customs-related operations are carried out in the United Kingdom and they have an indirect customs representative in Northern Ireland; |
| --- | --- |

(ii)

in case they are not established in Northern Ireland, their customs-related operations are carried out in the United Kingdom and they have an indirect customs representative in Northern Ireland;

| (b) | undertake to bring goods into Northern Ireland solely for sale to, or final use by, end-consumers, including where those goods have been subject to non-commercial processing in accordance with Article 2 before their sale to, or final use by, end-consumers; and, in the case of a sale to end-consumers in Northern Ireland, undertake that the sale will be from one or several physical outlets in Northern Ireland from which physical direct sales are made to end-consumers. |
| --- | --- |

(b)

undertake to bring goods into Northern Ireland solely for sale to, or final use by, end-consumers, including where those goods have been subject to non-commercial processing in accordance with Article 2 before their sale to, or final use by, end-consumers; and, in the case of a sale to end-consumers in Northern Ireland, undertake that the sale will be from one or several physical outlets in Northern Ireland from which physical direct sales are made to end-consumers.

Article 7

Specific conditions for authorisation

1.   For the purposes of Articles 3(1)(a)(ii) and 3(1)(b)(ii), an authorisation to bring goods into Northern Ireland shall only be granted to applicants fulfilling the conditions set out in Article 6 and the following conditions:

| (a) | the applicant declares they will declare for release for free circulation goods brought into Northern Ireland in accordance with Article 3(1)(a)(ii) or 3(1)(b)(ii); |
| --- | --- |

(a)

the applicant declares they will declare for release for free circulation goods brought into Northern Ireland in accordance with Article 3(1)(a)(ii) or 3(1)(b)(ii);

| (b) | the applicant must not have committed any serious infringement or repeated infringements of customs legislation and taxation rules and must not have any record of serious criminal offences relating to their economic activity; |
| --- | --- |

(b)

the applicant must not have committed any serious infringement or repeated infringements of customs legislation and taxation rules and must not have any record of serious criminal offences relating to their economic activity;

| (c) | in respect of goods to be declared as not at risk, the applicant shall demonstrate that they have a high level of control of their operations and of the flow of goods, by means of a system of managing commercial and, where appropriate, transport records which allow appropriate controls and provision of evidence to support the undertaking in Article 6(b). |
| --- | --- |

(c)

in respect of goods to be declared as not at risk, the applicant shall demonstrate that they have a high level of control of their operations and of the flow of goods, by means of a system of managing commercial and, where appropriate, transport records which allow appropriate controls and provision of evidence to support the undertaking in Article 6(b).

2.   Authorisations shall be granted only if the customs authority considers that it will be able to carry out controls without disproportionate administrative effort, including control of any evidence that the goods were sold to, or subject to final use by, end-consumers.

3.   During the period ending two months after the entry into force of this Decision, an authorisation may be granted on a provisional basis if the applicant has submitted a complete application, complies with paragraph 1(b), and declares that they meet the other conditions for authorisation. The duration of the provisional authorisation shall be limited to four months after which a permanent authorisation must have been granted for the trader to remain authorised.

Article 8

Exchange of information on the application of Article 5(1) and (2) of the Protocol

1.   Without prejudice to its obligations pursuant to Article 5(4) of the Protocol, read in conjunction with Regulation (EC) No 638/2004 of the European Parliament and of the Council (1) and Regulation (EC) No 471/2009 of the European Parliament and of the Council (2), the United Kingdom shall provide the Union with information on the application of Article 5(1) and (2) of the Protocol as well as of this Decision on a monthly basis. This information shall comprise volumes and values, in aggregated form and per consignment, as well as means of transport, relating to:

| (a) | goods brought into Northern Ireland in relation to which no customs duties were payable in accordance with the first subparagraph of Article 5(1) of the Protocol; |
| --- | --- |

(a)

goods brought into Northern Ireland in relation to which no customs duties were payable in accordance with the first subparagraph of Article 5(1) of the Protocol;

| (b) | goods brought into Northern Ireland in relation to which the customs duties payable were those applicable in the United Kingdom in accordance with the second subparagraph of Article 5(1) of the Protocol; and |
| --- | --- |

(b)

goods brought into Northern Ireland in relation to which the customs duties payable were those applicable in the United Kingdom in accordance with the second subparagraph of Article 5(1) of the Protocol; and

| (c) | goods brought into Northern Ireland in relation to which the customs duties payable were in accordance with the Union Common Customs Tariff. |
| --- | --- |

(c)

goods brought into Northern Ireland in relation to which the customs duties payable were in accordance with the Union Common Customs Tariff.

2.   The United Kingdom shall provide the information referred to in paragraph 1 on the 15th working day of the following month for which the information is provided.

3.   The information shall be provided using electronic data-processing techniques.

4.   At the request of the Union representatives referred to in the {insert reference to JC decision on Union presence} and at least twice per year, the competent authorities of the United Kingdom shall provide information in aggregated and per authorisation form to these representatives on the authorisations granted pursuant to Articles 5 to 7, including numbers of accepted, rejected and revoked authorisations.

5.   The regular transfer of information referred to above shall commence as soon as possible and no later than 15 April 2021. The first transfer of information shall cover information for the period from 1 January 2021 until the end of the month before the transfer.

Article 9

Review and termination

If either Party considers there is significant diversion of trade, or fraud or other illegal activities, that Party shall inform the other Party in the Joint Committee by 1 August 2023, and the Parties shall use their best endeavours to find a mutually satisfactory resolution of the matter. If the Parties do not find a mutually satisfactory resolution, Articles 3(1)(a)(ii), 3(1)(b)(ii) and 5 to 8 of this Decision shall cease to apply from 1 August 2024, unless the Joint Committee decides before 1 April 2024 to continue their application.

In case Articles 3(1)(a)(ii), 3(1)(b)(ii) and 5 to 8 of this Decision cease to apply in accordance with the first subparagraph, the Joint Committee shall amend this Decision by 1 August 2024 to make appropriate alternative provision applicable from 1 August 2024, having regard to the specific circumstances in Northern Ireland and fully respecting Northern Ireland’s place in the United Kingdom’s customs territory.

Article 10

Entry into force

This Decision shall enter into force on 1 January 2021.

Done at ...,

For the Joint Committee

The Co-chairs

---

(1)  Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member States and repealing Council Regulation (EEC) No 3330/91 (OJ L 102, 7.4.2004, p. 1).

1

(2)  Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (OJ L 152, 16.6.2009, p. 23).

2

---

ANNEX

Application for Authorisation to bring goods into Northern Ireland for end-consumers (referred to in Article 5 of the Decision)

Application information

| 1. | Supporting documents
  Mandatory supporting documents and information to be provided by all applicants:
  Document of establishment/proof of a permanent business establishment |
| --- | --- |

1.

Supporting documents

Mandatory supporting documents and information to be provided by all applicants:

Document of establishment/proof of a permanent business establishment

| 2. | Other supporting documents and information to be provided by the applicant:
  Any other supporting document or information that is considered relevant for checking the applicant’s compliance with the conditions referred to in Articles 6 and 7 of the Decision.
  Provide information on the type and, if applicable, the identification number and/or the date of issue of the supporting document(s) attached to the application. Indicate also the total number of the documents attached. |
| --- | --- |

2.

Other supporting documents and information to be provided by the applicant:

Any other supporting document or information that is considered relevant for checking the applicant’s compliance with the conditions referred to in Articles 6 and 7 of the Decision.

Provide information on the type and, if applicable, the identification number and/or the date of issue of the supporting document(s) attached to the application. Indicate also the total number of the documents attached.

| 3. | Date and signature of the applicant
  Applications made by using an electronic data-processing technique shall be authenticated by the person who lodges the application.
  Date on which the applicant has signed or otherwise authenticated the application.
  Details of the applicant |
| --- | --- |

3.

Date and signature of the applicant

Applications made by using an electronic data-processing technique shall be authenticated by the person who lodges the application.

Date on which the applicant has signed or otherwise authenticated the application.

Details of the applicant

| 4. | Applicant
  The applicant is the person who applies to the customs authorities for a decision.
  Enter the name and address of the person concerned. |
| --- | --- |

4.

Applicant

The applicant is the person who applies to the customs authorities for a decision.

Enter the name and address of the person concerned.

| 5. | Applicant identification number
  The applicant is the person who applies to the customs authorities for a decision.
  Enter the Economic Operators Registration and Identification number (EORI number), of the person concerned, as provided for in Article 1(18) of Commission Delegated Regulation (EU) 2015/2446 (1). |
| --- | --- |

5.

Applicant identification number

The applicant is the person who applies to the customs authorities for a decision.

Enter the Economic Operators Registration and Identification number (EORI number), of the person concerned, as provided for in Article 1(18) of Commission Delegated Regulation (EU) 2015/2446 (1).

| 6. | Legal status of the applicant
  The legal status as mentioned in the document of establishment. |
| --- | --- |

6.

Legal status of the applicant

The legal status as mentioned in the document of establishment.

| 7. | VAT identification number(s)
  Where assigned, enter the VAT identification number. |
| --- | --- |

7.

VAT identification number(s)

Where assigned, enter the VAT identification number.

| 8. | Business activities
  Enter information on the business activity of the applicant. Please describe briefly your commercial activity and state your role in the supply chain (e.g. manufacturer of goods, importer, retailer, etc.). Please describe:






  — | the intended use of the imported goods, including a description of the type of goods and whether they undergo any type of processing. |
| --- | --- | --- |

8.

Business activities

Enter information on the business activity of the applicant. Please describe briefly your commercial activity and state your role in the supply chain (e.g. manufacturer of goods, importer, retailer, etc.). Please describe:

—

the intended use of the imported goods, including a description of the type of goods and whether they undergo any type of processing.

| — | an estimation on the number of customs declarations for release for free circulation for the goods concerned to be made per year. |
| --- | --- |

—

an estimation on the number of customs declarations for release for free circulation for the goods concerned to be made per year.

| — | the type of records, systems and controls put in place to support the undertaking in Article 6(b). |
| --- | --- |

—

the type of records, systems and controls put in place to support the undertaking in Article 6(b).

| 9. | Annual turnover
  For the purposes of Article 2 of the Decision, enter the annual turnover for the most recent complete financial year. If a newly established business, provide such records and information as relevant to enable an assessment of anticipated turnover e.g. latest cash flow, balance sheet and profit and loss forecasts, approved by the directors/partners/sole proprietor. |
| --- | --- |

9.

Annual turnover

For the purposes of Article 2 of the Decision, enter the annual turnover for the most recent complete financial year. If a newly established business, provide such records and information as relevant to enable an assessment of anticipated turnover e.g. latest cash flow, balance sheet and profit and loss forecasts, approved by the directors/partners/sole proprietor.

| 10. | Contact person responsible for the application
  The contact person shall be responsible for keeping contact with customs as regards the application.
  Enter the contact person’s name and any of the following: telephone number, e- mail address (preferably of a functional mailbox) |
| --- | --- |

10.

Contact person responsible for the application

The contact person shall be responsible for keeping contact with customs as regards the application.

Enter the contact person’s name and any of the following: telephone number, e- mail address (preferably of a functional mailbox)

| 11. | Person in charge of the applicant company or exercising control over its management
  For the purposes of Article 7(b) of the Decision, enter the name(s) and full details of the person(s) concerned according to the legal establishment/form of the applicant company, in particular: director/manager of the company and board directors if any. Details should include: full name and address, and date of birth and National Identification Number.
  Dates, times, periods and places |
| --- | --- |

11.

Person in charge of the applicant company or exercising control over its management

For the purposes of Article 7(b) of the Decision, enter the name(s) and full details of the person(s) concerned according to the legal establishment/form of the applicant company, in particular: director/manager of the company and board directors if any. Details should include: full name and address, and date of birth and National Identification Number.

Dates, times, periods and places

| 12. | Date of establishment
  With numbers – the day, month and year of establishment. |
| --- | --- |

12.

Date of establishment

With numbers – the day, month and year of establishment.

| 13. | Address of establishment/address of residence
  The full address of the place where the person is established/resides, including the identifier of the country or territory. |
| --- | --- |

13.

Address of establishment/address of residence

The full address of the place where the person is established/resides, including the identifier of the country or territory.

| 14. | Place where records are kept
  Enter full address of the location(s) where the applicant’s records are kept or intended to be kept. The UN/LOCODE may replace the address, if it provides an unambiguous identification of the location concerned. |
| --- | --- |

14.

Place where records are kept

Enter full address of the location(s) where the applicant’s records are kept or intended to be kept. The UN/LOCODE may replace the address, if it provides an unambiguous identification of the location concerned.

| 15. | Place(s) of processing or use
  Please indicate the address of the place(s) where the goods will be processed, where applicable, and sold to the end-consumers. |
| --- | --- |

15.

Place(s) of processing or use

Please indicate the address of the place(s) where the goods will be processed, where applicable, and sold to the end-consumers.

---

(1)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

---

| 8.1.2021 | EN | Official Journal of the European Union | L 5/14 |
| --- | --- | --- | --- |

8.1.2021

EN

Official Journal of the European Union

L 5/14

---

COUNCIL DECISION (EU) 2021/13

of 4 January 2021

appointing a member and two alternate members, proposed by Ireland, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Irish Government,

Whereas:

| (1) | On 10 December 2019, 20 January 2020, 3 February 2020 and 26 March 2020 the Council adopted Decisions (EU) 2019/2157 (1), (EU) 2020/102 (2), (EU) 2020/144 (3) and (EU) 2020/511 (4) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. On 8 June 2020, the Council adopted Decision (EU) 2020/766 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 (5). On 30 July 2020, the Council adopted a further Decision (EU) 2020/1153 appointing members and alternate members of the Committee of the Regions (6). |
| --- | --- |

(1)

On 10 December 2019, 20 January 2020, 3 February 2020 and 26 March 2020 the Council adopted Decisions (EU) 2019/2157 (1), (EU) 2020/102 (2), (EU) 2020/144 (3) and (EU) 2020/511 (4) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. On 8 June 2020, the Council adopted Decision (EU) 2020/766 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 (5). On 30 July 2020, the Council adopted a further Decision (EU) 2020/1153 appointing members and alternate members of the Committee of the Regions (6).

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Malcolm NOONAN. |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Malcolm NOONAN.

| (3) | An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Erin MCGREEHAN. |
| --- | --- |

(3)

An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Erin MCGREEHAN.

| (4) | An alternate member’s seat has become vacant following the appointment of Ms Una POWER as a member of the Committee of the Regions, |
| --- | --- |

(4)

An alternate member’s seat has become vacant following the appointment of Ms Una POWER as a member of the Committee of the Regions,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025:

| (a) | as member:






  — | Ms Una POWER, Member of a Local Executive: Dún Laoghaire Rathdown County Council, |
| --- | --- | --- |

(a)

as member:

—

Ms Una POWER, Member of a Local Executive: Dún Laoghaire Rathdown County Council,

and

| (b) | as alternate members:






  — | Mr Dan BOYLE, Member of a Local Executive: Cork City Council, |
| --- | --- | --- |

(b)

as alternate members:

—

Mr Dan BOYLE, Member of a Local Executive: Cork City Council,

| — | Mr Michael CROWE, Member of a Local Executive: Galway City Council. |
| --- | --- |

—

Mr Michael CROWE, Member of a Local Executive: Galway City Council.

Article 2

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

Done at Brussels, 4 January 2021.

For the Council

The President

A. P. ZACARIAS

---

(1)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).

1

(2)  Council Decision (EU) 2020/102 of 20 January 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 20, 24.1.2020, p. 2).

2

(3)  Council Decision (EU) 2020/144 of 3 February 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 32, 4.2.2020, p. 16).

3

(4)  Council Decision (EU) 2020/511 of 26 March 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 113, 8.4.2020, p. 18).

4

(5)  Council Decision (EU) 2020/766 of 8 June 2020 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 (OJ L 187, 12.6.2020, p. 3).

5

(6)  Council Decision (EU) 2020/1153 of 30 July 2020 appointing members and alternate members of the Committee of the Regions (OJ L 256, 5.8.2020, p. 12).

6

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| 8.1.2021 | EN | Official Journal of the European Union | L 5/16 |
| --- | --- | --- | --- |

8.1.2021

EN

Official Journal of the European Union

L 5/16

---

COUNCIL DECISION (CFSP) 2021/14

of 7 January 2021

amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,

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

Whereas:

| (1) | On 15 April 2014, the Council adopted Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (1). |
| --- | --- |

(1)

On 15 April 2014, the Council adopted Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (1).

| (2) | On 21 February 2019, the Council adopted Decision (CFSP) 2019/312 (2), which extended EUCAP Sahel Mali until 14 January 2021. |
| --- | --- |

(2)

On 21 February 2019, the Council adopted Decision (CFSP) 2019/312 (2), which extended EUCAP Sahel Mali until 14 January 2021.

| (3) | On 13 May 2019, the Council adopted Decision (CFSP) 2019/762 (3), which adjusted the mandate of EUCAP Sahel Mali to contribute to the regionalisation of CSDP action in the Sahel and established a Regional Advisory and Coordination Cell (RACC). |
| --- | --- |

(3)

On 13 May 2019, the Council adopted Decision (CFSP) 2019/762 (3), which adjusted the mandate of EUCAP Sahel Mali to contribute to the regionalisation of CSDP action in the Sahel and established a Regional Advisory and Coordination Cell (RACC).

| (4) | On 14 May 2020, the Council adopted Decision (CFSP) 2020/652 (4), which increased the financial reference amount for EUCAP Sahel Mali for the period until 14 January 2021. |
| --- | --- |

(4)

On 14 May 2020, the Council adopted Decision (CFSP) 2020/652 (4), which increased the financial reference amount for EUCAP Sahel Mali for the period until 14 January 2021.

| (5) | On 13 October and 5 November 2020 respectively, in the context of the Strategic Review of EUCAP Sahel Mali, the Political and Security Committee recommended that EUCAP Sahel Mali be extended until 31 January 2023 and that its mandate be adjusted. |
| --- | --- |

(5)

On 13 October and 5 November 2020 respectively, in the context of the Strategic Review of EUCAP Sahel Mali, the Political and Security Committee recommended that EUCAP Sahel Mali be extended until 31 January 2023 and that its mandate be adjusted.

| (6) | Decision 2014/219/CFSP should be amended accordingly. |
| --- | --- |

(6)

Decision 2014/219/CFSP should be amended accordingly.

| (7) | EUCAP Sahel Mali will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union, |
| --- | --- |

(7)

EUCAP Sahel Mali will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2014/219/CFSP is amended as follows:

| (1) | in Article 2, paragraph 2 is replaced by the following:

  ‘2.   In order to support the Malian dynamic in restoring State authority, as well as the implementation of the Accord for Peace and Reconciliation in Mali signed on 15 May and 20 June 2015 and in close coordination with other international actors, in particular the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), EUCAP Sahel Mali shall assist and advise the ISF in the implementation of the security sector reform led by the Government of Mali, with the aim of:






  (a) | improving the operational efficacy of the ISF; |
| --- | --- | --- |

(1)

in Article 2, paragraph 2 is replaced by the following:

‘2.   In order to support the Malian dynamic in restoring State authority, as well as the implementation of the Accord for Peace and Reconciliation in Mali signed on 15 May and 20 June 2015 and in close coordination with other international actors, in particular the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), EUCAP Sahel Mali shall assist and advise the ISF in the implementation of the security sector reform led by the Government of Mali, with the aim of:

(a)

improving the operational efficacy of the ISF;

| (b) | re-establishing the respective hierarchical chains of the ISF through a more coherent management of resources; |
| --- | --- |

(b)

re-establishing the respective hierarchical chains of the ISF through a more coherent management of resources;

| (c) | reinforcing the role of judicial and administrative authorities with regard to the management and supervision of their missions, contributing to the prevention of corruption and impunity; |
| --- | --- |

(c)

reinforcing the role of judicial and administrative authorities with regard to the management and supervision of their missions, contributing to the prevention of corruption and impunity;

| (d) | facilitating the redeployment of the ISF to the centre of Mali; and |
| --- | --- |

(d)

facilitating the redeployment of the ISF to the centre of Mali; and

| (e) | supporting in a gradual and modular process the redeployment of Mali’s civilian administrative authorities to the centre of Mali, based on good governance principles.’; |
| --- | --- |

(e)

supporting in a gradual and modular process the redeployment of Mali’s civilian administrative authorities to the centre of Mali, based on good governance principles.’;

| (2) | in Article 14(1), the following subparagraph is added:
  ‘The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali between 15 January 2021 and 31 January 2023 shall be EUR 89 100 000.’; |
| --- | --- |

(2)

in Article 14(1), the following subparagraph is added:

‘The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali between 15 January 2021 and 31 January 2023 shall be EUR 89 100 000.’;

| (3) | in Article 14a, paragraph 3 is replaced by the following:

  ‘3.   The objectives of the RACC, in close cooperation with existing CSDP Missions in the Sahel, shall be to:






  (a) | improve the cooperation and coordination between G5 Sahel structures and G5 Sahel countries in order to enhance regional cooperation and operational capabilities in the field of defence and security, in compliance with international law, human rights and the EU Strategic Approach to Women, Peace and Security as set out by the Council in its conclusions of 10 December 2018; |
| --- | --- | --- |

(3)

in Article 14a, paragraph 3 is replaced by the following:

‘3.   The objectives of the RACC, in close cooperation with existing CSDP Missions in the Sahel, shall be to:

(a)

improve the cooperation and coordination between G5 Sahel structures and G5 Sahel countries in order to enhance regional cooperation and operational capabilities in the field of defence and security, in compliance with international law, human rights and the EU Strategic Approach to Women, Peace and Security as set out by the Council in its conclusions of 10 December 2018;

| (b) | with a view to reinforcing the national capacities of G5 Sahel countries, prepare and support the regionalisation of the CSDP action; |
| --- | --- |

(b)

with a view to reinforcing the national capacities of G5 Sahel countries, prepare and support the regionalisation of the CSDP action;

| (c) | in support of the Union Delegations in G5 Sahel countries and of the secretariat of the Partnership for Stability and Security in the Sahel (P3S), facilitate and support the organisation of information-gathering and sharing with all partners of the G5 Sahel.’; |
| --- | --- |

(c)

in support of the Union Delegations in G5 Sahel countries and of the secretariat of the Partnership for Stability and Security in the Sahel (P3S), facilitate and support the organisation of information-gathering and sharing with all partners of the G5 Sahel.’;

| (4) | in Article 18, the second sentence is replaced by the following:
  ‘It shall apply until 31 January 2023.’. |
| --- | --- |

(4)

in Article 18, the second sentence is replaced by the following:

‘It shall apply until 31 January 2023.’.

Article 2

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

It shall apply from 15 January 2021.

Done at Brussels, 7 January 2021.

For the Council

The President

A.P. ZACARIAS

---

(1)  OJ L 113, 16.4.2014, p. 21.

1

(2)  Council Decision (CFSP) 2019/312 of 21 February 2019 amending and extending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (OJ L 51, 22.2.2019, p. 29).

2

(3)  Council Decision (CFSP) 2019/762 of 13 May 2019 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (OJ L 125, 14.5.2019, p. 18).

3

(4)  Council Decision (CFSP) 2020/652 of 14 May 2020 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (OJ L 153, 15.5.2020, p. 5).

4

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