# Official Journal L 179/2011

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2011.179.eng |
| --- | --- |
| Official Journal
  of the European Union | L 179 |
| | |
| English edition | Legislation | Volume 547 July 2011 |

ISSN 1725-2555

doi:10.3000/17252555.L_2011.179.eng

Official Journal

of the European Union

L 179

English edition

Legislation

Volume 547 July 2011

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 653/2011 of 6 July 2011 amending Annex I to Regulation (EC) No 1439/95, Annex III to Regulation (EC) No 748/2008 and Annex II to Regulation (EC) No 810/2008 as regards the authority empowered to issue documents and certificates in Argentina | 1 |
| | | Commission Implementing Regulation (EU) No 654/2011 of 6 July 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |
| | | DECISIONS |
| | | 2011/400/EU |
| | * | Council Decision of 28 June 2011 amending the Council Act of 12 March 1999 adopting rules on the Europol pension fund | 5 |
| | | 2011/401/EU |
| | * | Commission Implementing Decision of 6 July 2011 establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency measures taken to combat avian influenza in Italy in 2009
  (notified under document C(2011) 4774) | 8 |
| | | 2011/402/EU |
| | * | Commission Implementing Decision of 6 July 2011 on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt
  (notified under document C(2011) 5000)

   (
  1
  ) | 10 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 653/2011 of 6 July 2011 amending Annex I to Regulation (EC) No 1439/95, Annex III to Regulation (EC) No 748/2008 and Annex II to Regulation (EC) No 810/2008 as regards the authority empowered to issue documents and certificates in Argentina

1

Commission Implementing Regulation (EU) No 654/2011 of 6 July 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

DECISIONS

2011/400/EU

*

Council Decision of 28 June 2011 amending the Council Act of 12 March 1999 adopting rules on the Europol pension fund

5

2011/401/EU

*

Commission Implementing Decision of 6 July 2011 establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency measures taken to combat avian influenza in Italy in 2009
  (notified under document C(2011) 4774)

(notified under document C(2011) 4774)

8

2011/402/EU

*

Commission Implementing Decision of 6 July 2011 on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt
  (notified under document C(2011) 5000)

   (
  1
  )

(notified under document C(2011) 5000)

1

10

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

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 7.7.2011 | EN | Official Journal of the European Union | L 179/1 |
| --- | --- | --- | --- |

7.7.2011

EN

Official Journal of the European Union

L 179/1

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COMMISSION IMPLEMENTING REGULATION (EU) No 653/2011

of 6 July 2011

amending Annex I to Regulation (EC) No 1439/95, Annex III to Regulation (EC) No 748/2008 and Annex II to Regulation (EC) No 810/2008 as regards the authority empowered to issue documents and certificates in Argentina

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (1),

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) (2),

Having regard to Commission Regulation (EC) No 1439/95 of 26 June 1995 laying down detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector (3), and in particular Article 12(2) thereof,

Having regard to Commission Regulation (EC) No 748/2008 of 30 July 2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 0206 29 91 (4), and in particular Article 6(2) thereof,

Having regard to Commission Regulation (EC) No 810/2008 of 11 August 2008 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (5), and in particular Article 7(2) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 1439/95 lays down the list of the authorities of the third countries empowered to issue documents of origin. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 1439/95 lays down the list of the authorities of the third countries empowered to issue documents of origin.

| (2) | Annex III to Regulation (EC) No 748/2008 lays down the authorities in Argentina empowered to issue the certificates of authenticity. |
| --- | --- |

(2)

Annex III to Regulation (EC) No 748/2008 lays down the authorities in Argentina empowered to issue the certificates of authenticity.

| (3) | Annex II to Regulation (EC) No 810/2008 lays down the list of the authorities in exporting countries empowered to issue certificates of authenticity. |
| --- | --- |

(3)

Annex II to Regulation (EC) No 810/2008 lays down the list of the authorities in exporting countries empowered to issue certificates of authenticity.

| (4) | Argentina has notified the Commission that from 1 July 2011 the new authority empowered to issue the documents of origin and the certificates of authenticity for beef, sheepmeat and goatmeat originating in Argentina is the Ministry of Economy and Finance. |
| --- | --- |

(4)

Argentina has notified the Commission that from 1 July 2011 the new authority empowered to issue the documents of origin and the certificates of authenticity for beef, sheepmeat and goatmeat originating in Argentina is the Ministry of Economy and Finance.

| (5) | Annex I to Regulation (EC) No 1439/95, Annex III to Regulation (EC) No 748/2008 and Annex II to Regulation (EC) No 810/2008 should be amended accordingly, |
| --- | --- |

(5)

Annex I to Regulation (EC) No 1439/95, Annex III to Regulation (EC) No 748/2008 and Annex II to Regulation (EC) No 810/2008 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex I to Regulation (EC) No 1439/95, the entry No 1. is replaced by the following:

| ‘1. | Argentina: Ministerio de Economía y Finanzas Públicas’ |
| --- | --- |

‘1.

Argentina: Ministerio de Economía y Finanzas Públicas’

Article 2

Annex III to Regulation (EC) No 748/2008 is replaced by the following:

‘ANNEX III

List of authorities in Argentina empowered to issue certificates of authenticity

Argentina: Ministerio de Economía y Finanzas Públicas:

for thin skirt originating in Argentina as specified in Article 1(3)(a).’

Article 3

In Annex II to Regulation (EC) No 810/2008, the first indent is replaced by the following:

| ‘— | MINISTERIO DE ECONOMÍA Y FINANZAS PÚBLICAS:
  for meat originating in Argentina and meeting the definition in Article 2(a).’ |
| --- | --- |

‘—

MINISTERIO DE ECONOMÍA Y FINANZAS PÚBLICAS:

for meat originating in Argentina and meeting the definition in Article 2(a).’

Article 4

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

It shall apply from 1 July 2011.

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

Done at Brussels, 6 July 2011.

For the Commission, On behalf of the President,

Joaquín ALMUNIA

Member of the Commission

---

(1)  
  OJ L 146, 20.6.1996, p. 1.

1

(2)  
  OJ L 299, 16.11.2007, p. 1.

2

(3)  
  OJ L 143, 27.6.1995, p. 7.

3

(4)  
  OJ L 202, 31.7.2008, p. 28.

4

(5)  
  OJ L 219, 14.8.2008, p. 3.

5

---

| 7.7.2011 | EN | Official Journal of the European Union | L 179/3 |
| --- | --- | --- | --- |

7.7.2011

EN

Official Journal of the European Union

L 179/3

---

COMMISSION IMPLEMENTING REGULATION (EU) No 654/2011

of 6 July 2011

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

THE EUROPEAN COMMISSION,

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

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

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 July 2011.

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

Done at Brussels, 6 July 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

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ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | AL | 49,0 |
| AR | 26,0 |
| EC | 26,0 |
| MK | 26,7 |
| TR | 53,0 |
| US | 26,0 |
| ZZ | 34,5 |
| 0707 00 05 | TR | 95,0 |
| ZZ | 95,0 |
| 0709 90 70 | TR | 111,6 |
| ZZ | 111,6 |
| 0805 50 10 | AR | 71,8 |
| BR | 42,9 |
| TR | 73,2 |
| UY | 51,1 |
| ZA | 73,3 |
| ZZ | 62,5 |
| 0808 10 80 | AR | 90,3 |
| BR | 108,5 |
| CL | 86,6 |
| CN | 69,2 |
| NZ | 111,4 |
| US | 123,2 |
| UY | 50,2 |
| ZA | 82,4 |
| ZZ | 90,2 |
| 0808 20 50 | AR | 81,3 |
| AU | 60,8 |
| CL | 112,4 |
| CN | 74,5 |
| NZ | 135,1 |
| ZA | 89,4 |
| ZZ | 92,3 |
| 0809 10 00 | TR | 263,5 |
| XS | 101,8 |
| ZZ | 182,7 |
| 0809 20 95 | SY | 253,3 |
| TR | 283,1 |
| ZZ | 268,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

49,0

AR

26,0

EC

26,0

MK

26,7

TR

53,0

US

26,0

ZZ

34,5

0707 00 05

TR

95,0

ZZ

95,0

0709 90 70

TR

111,6

ZZ

111,6

0805 50 10

AR

71,8

BR

42,9

TR

73,2

UY

51,1

ZA

73,3

ZZ

62,5

0808 10 80

AR

90,3

BR

108,5

CL

86,6

CN

69,2

NZ

111,4

US

123,2

UY

50,2

ZA

82,4

ZZ

90,2

0808 20 50

AR

81,3

AU

60,8

CL

112,4

CN

74,5

NZ

135,1

ZA

89,4

ZZ

92,3

0809 10 00

TR

263,5

XS

101,8

ZZ

182,7

0809 20 95

SY

253,3

TR

283,1

ZZ

268,2

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(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’.

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DECISIONS

| 7.7.2011 | EN | Official Journal of the European Union | L 179/5 |
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7.7.2011

EN

Official Journal of the European Union

L 179/5

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COUNCIL DECISION

of 28 June 2011

amending the Council Act of 12 March 1999 adopting rules on the Europol pension fund

(2011/400/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Staff Regulations applicable to Europol employees, as laid down in the Council Act of 3 December 1998 (‘Europol Staff Regulations’) (1), and in particular Article 37(3) of Appendix 6 thereto,

Whereas:

| (1) | Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (2) (‘Europol Decision’), replaces the Council Act of 26 July 1995 drawing up the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (3) (‘Europol Convention’) as of its date of application, that is as of 1 January 2010. |
| --- | --- |

(1)

Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (2) (‘Europol Decision’), replaces the Council Act of 26 July 1995 drawing up the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (3) (‘Europol Convention’) as of its date of application, that is as of 1 January 2010.

| (2) | The Europol Decision provides that all measures implementing the Europol Convention shall be repealed with effect from 1 January 2010, unless otherwise provided in the Europol Decision. |
| --- | --- |

(2)

The Europol Decision provides that all measures implementing the Europol Convention shall be repealed with effect from 1 January 2010, unless otherwise provided in the Europol Decision.

| (3) | The Europol Decision further provides that the Europol Staff Regulations and other relevant instruments shall continue to apply to staff members who are not recruited under the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union in accordance with Article 57(2) of that Decision. |
| --- | --- |

(3)

The Europol Decision further provides that the Europol Staff Regulations and other relevant instruments shall continue to apply to staff members who are not recruited under the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union in accordance with Article 57(2) of that Decision.

| (4) | The Europol Decision also provides that the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union, as laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (4) shall apply to the Director, the Deputy Directors and to Europol staff engaged after 1 January 2010. |
| --- | --- |

(4)

The Europol Decision also provides that the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union, as laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (4) shall apply to the Director, the Deputy Directors and to Europol staff engaged after 1 January 2010.

| (5) | The Europol Decision furthermore provides that all employment contracts concluded by Europol as established by the Europol Convention and in force on 1 January 2010 shall be honoured until their expiry date and may not be renewed on the basis of the Europol Staff Regulations after the date of application of the Europol Decision. |
| --- | --- |

(5)

The Europol Decision furthermore provides that all employment contracts concluded by Europol as established by the Europol Convention and in force on 1 January 2010 shall be honoured until their expiry date and may not be renewed on the basis of the Europol Staff Regulations after the date of application of the Europol Decision.

| (6) | The Europol Decision also provides that members of staff under contract on 1 January 2010 shall be offered the possibility of concluding temporary agent or contract agent contracts under the Conditions of employment of other servants of the European Union. Several members of staff have made use of this possibility. |
| --- | --- |

(6)

The Europol Decision also provides that members of staff under contract on 1 January 2010 shall be offered the possibility of concluding temporary agent or contract agent contracts under the Conditions of employment of other servants of the European Union. Several members of staff have made use of this possibility.

| (7) | Consequently, the number of staff members continuing to be employed under the Europol Staff Regulations, and hence their contributions to the Europol pension fund pursuant to Article 37(1) of Appendix 6 of the Europol Staff Regulations, have, as from 1 January 2010, steadily decreased and are to be discontinued once the last employment contract to which the Europol Staff Regulations apply has expired. |
| --- | --- |

(7)

Consequently, the number of staff members continuing to be employed under the Europol Staff Regulations, and hence their contributions to the Europol pension fund pursuant to Article 37(1) of Appendix 6 of the Europol Staff Regulations, have, as from 1 January 2010, steadily decreased and are to be discontinued once the last employment contract to which the Europol Staff Regulations apply has expired.

| (8) | As a result, the management of the fund is to be adapted to the decreased volume of both the contributions and disbursements to be made by the fund, by reducing the number of members of the Board of the fund and the number of its meetings. |
| --- | --- |

(8)

As a result, the management of the fund is to be adapted to the decreased volume of both the contributions and disbursements to be made by the fund, by reducing the number of members of the Board of the fund and the number of its meetings.

| (9) | It is also reasonable to limit the personal liability of members of the Board acting in the fulfilment of their tasks to gross negligence and serious wrongdoings. |
| --- | --- |

(9)

It is also reasonable to limit the personal liability of members of the Board acting in the fulfilment of their tasks to gross negligence and serious wrongdoings.

| (10) | The liabilities of the fund are also to end at an earlier stage than foreseen when it was created. In the event that the fund’s assets would not suffice to fulfil its liabilities, the shortfall should be covered by Europol’s budget. Given the present financial state of the fund, this eventuality appears to be theoretical, taking also into account that Europol has reinsured the risks stemming from its obligations under Articles 63 to 71 of the Europol Staff Regulations by concluding an insurance on invalidity and survivors’ pensions. |
| --- | --- |

(10)

The liabilities of the fund are also to end at an earlier stage than foreseen when it was created. In the event that the fund’s assets would not suffice to fulfil its liabilities, the shortfall should be covered by Europol’s budget. Given the present financial state of the fund, this eventuality appears to be theoretical, taking also into account that Europol has reinsured the risks stemming from its obligations under Articles 63 to 71 of the Europol Staff Regulations by concluding an insurance on invalidity and survivors’ pensions.

| (11) | The Council Act of 12 March 1999 adopting rules on the Europol pension fund (5) should thus be amended accordingly. Other technical amendments to that Act resulting from the entry into force of the Europol Decision should also be introduced, |
| --- | --- |

(11)

The Council Act of 12 March 1999 adopting rules on the Europol pension fund (5) should thus be amended accordingly. Other technical amendments to that Act resulting from the entry into force of the Europol Decision should also be introduced,

HAS ADOPTED THIS DECISION:

Article 1

The Council Act of 12 March 1999 adopting rules on the Europol pension fund is hereby amended as follows:

| (1) | in Article 1 the following point is inserted:






  ‘(aa) | “Europol Decision” means the Council Decision of 6 April 2009 establishing the European Police Office (*1) and replacing the Europol Convention; |
| --- | --- | --- |

(1)

in Article 1 the following point is inserted:

‘(aa)

“Europol Decision” means the Council Decision of 6 April 2009 establishing the European Police Office (*1) and replacing the Europol Convention;

(*1)  
  OJ L 121, 15.5.2009, p. 37.’;"

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






  ‘(b) | “Europol” means the European Police Office as established by the Europol Decision;’; |
| --- | --- | --- |

(2)

in Article 1, point (b) is replaced by the following:

‘(b)

“Europol” means the European Police Office as established by the Europol Decision;’;

| (3) | in Article 1, point (g) is replaced by the following:






  ‘(g) | “Management Board of Europol” means Europol’s Management Board as mentioned in Article 37(1) of the Europol Decision;’; |
| --- | --- | --- |

(3)

in Article 1, point (g) is replaced by the following:

‘(g)

“Management Board of Europol” means Europol’s Management Board as mentioned in Article 37(1) of the Europol Decision;’;

| (4) | in Article 1 the following point is added:






  ‘(h) | “Europol Staff Committee” means the Staff Committee set up in accordance with Article 4 of the Staff Regulations or, in case it ceases to exist, the Staff Committee mentioned in Article 9(1) of the Staff Regulations of Officials of the European Union (*2). |
| --- | --- | --- |

(4)

in Article 1 the following point is added:

‘(h)

“Europol Staff Committee” means the Staff Committee set up in accordance with Article 4 of the Staff Regulations or, in case it ceases to exist, the Staff Committee mentioned in Article 9(1) of the Staff Regulations of Officials of the European Union (*2).

(*2)  
  OJ L 56, 4.3.1968, p. 1.’;"

| (5) | in Article 3(1), point (g) is replaced by the following:






  ‘(g) | other income, including exceptional contributions received from Europol pursuant to Article 12b.’; |
| --- | --- | --- |

(5)

in Article 3(1), point (g) is replaced by the following:

‘(g)

other income, including exceptional contributions received from Europol pursuant to Article 12b.’;

| (6) | in Article 3(2), point (d), the words ‘or desirable’ are deleted; |
| --- | --- |

(6)

in Article 3(2), point (d), the words ‘or desirable’ are deleted;

| (7) | Article 4(2) is replaced by the following:

  ‘2.   The Board shall consist of four members.’; |
| --- | --- |

(7)

Article 4(2) is replaced by the following:

‘2.   The Board shall consist of four members.’;

| (8) | Article 4(3) is replaced by the following:

  ‘3.   Of the four members, two shall be appointed by the Management Board of Europol, one shall be appointed by Europol, and one shall be appointed by the Europol Staff Committee. Each member may be assisted at the Board’s meetings by a maximum of two experts; the costs of any outside experts will be borne by the fund only if the Board so decides.’; |
| --- | --- |

(8)

Article 4(3) is replaced by the following:

‘3.   Of the four members, two shall be appointed by the Management Board of Europol, one shall be appointed by Europol, and one shall be appointed by the Europol Staff Committee. Each member may be assisted at the Board’s meetings by a maximum of two experts; the costs of any outside experts will be borne by the fund only if the Board so decides.’;

| (9) | in Article 4(7), the words ‘the secretary shall in all cases be from the members appointed by Europol or the Europol Staff Committee’ are replaced by the words ‘the secretary shall in all cases be either the member appointed by Europol or the one appointed by the Europol Staff Committee’; |
| --- | --- |

(9)

in Article 4(7), the words ‘the secretary shall in all cases be from the members appointed by Europol or the Europol Staff Committee’ are replaced by the words ‘the secretary shall in all cases be either the member appointed by Europol or the one appointed by the Europol Staff Committee’;

| (10) | in Article 5, the following paragraph is added:

  ‘6.   The Board and its members shall represent the interests of all participants and the interests of Europol.’; |
| --- | --- |

(10)

in Article 5, the following paragraph is added:

‘6.   The Board and its members shall represent the interests of all participants and the interests of Europol.’;

| (11) | in Article 6(1), the word ‘twice’ is replaced by the word ‘once’; |
| --- | --- |

(11)

in Article 6(1), the word ‘twice’ is replaced by the word ‘once’;

| (12) | Article 7(1) is replaced by the following:

  ‘1.   Decisions of the Board can only be taken at meetings where at least one member appointed by the Management Board of Europol and the representatives of the other parties are present.’; |
| --- | --- |

(12)

Article 7(1) is replaced by the following:

‘1.   Decisions of the Board can only be taken at meetings where at least one member appointed by the Management Board of Europol and the representatives of the other parties are present.’;

| (13) | in Article 8(1), the words ‘solvability, liquidity, rentability’ are replaced by the words ‘solvency, liquidity, profitability’; |
| --- | --- |

(13)

in Article 8(1), the words ‘solvability, liquidity, rentability’ are replaced by the words ‘solvency, liquidity, profitability’;

| (14) | in Article 10(3), the second sentence is replaced by the following:

  ‘To this end, the Board shall appoint a certified accountant registered in accordance with the applicable Dutch law.’; |
| --- | --- |

(14)

in Article 10(3), the second sentence is replaced by the following:

‘To this end, the Board shall appoint a certified accountant registered in accordance with the applicable Dutch law.’;

| (15) | Article 10(4) is replaced by the following:

  ‘4.   The yearly report shall be forwarded to the Management Board of Europol, and shall be controlled by the European Court of Auditors, in accordance with Articles 43 and 58(2)(a) of the Europol Decision.’; |
| --- | --- |

(15)

Article 10(4) is replaced by the following:

‘4.   The yearly report shall be forwarded to the Management Board of Europol, and shall be controlled by the European Court of Auditors, in accordance with Articles 43 and 58(2)(a) of the Europol Decision.’;

| (16) | the following Article is inserted:

  ‘Article 12a
  Limitation of liability

  1.   The members of the Board shall be released from any liability for claims concerning the fulfilment of their tasks referred to in Article 5.


  2.   Europol shall indemnify the members of the Board against any claims for damages brought by the participants to the fund and/or by other interested parties concerning the fulfilment of their tasks referred to in Article 5.


  3.   By way of derogation from paragraphs 1 and 2 of this Article, members of the Board shall be liable for gross negligence and serious wrongdoings, including but not limited to, fraud, corruption, misappropriation of funds and theft.’; |
| --- | --- |

(16)

the following Article is inserted:

‘Article 12a

Limitation of liability

1.   The members of the Board shall be released from any liability for claims concerning the fulfilment of their tasks referred to in Article 5.

2.   Europol shall indemnify the members of the Board against any claims for damages brought by the participants to the fund and/or by other interested parties concerning the fulfilment of their tasks referred to in Article 5.

3.   By way of derogation from paragraphs 1 and 2 of this Article, members of the Board shall be liable for gross negligence and serious wrongdoings, including but not limited to, fraud, corruption, misappropriation of funds and theft.’;

| (17) | the following Article is inserted:

  ‘Article 12b
  Monitoring of the fund’s assets

  1.   In addition to the report drawn up in accordance with Article 10, the Board shall produce, every quarter, a financial report monitoring the coverage ratio of the fund. In case the coverage ratio is lower than the threshold set out in Article 132 of the Dutch Pensioenwet, the Board shall carry out a risk assessment to evaluate a potential situation of insolvency of the fund during the next five budgetary years. The results shall be reported to the Management Board of Europol and to the Europol Director and shall indicate the reasons, the preventive measures proposed, the expected financial evolution and the estimated needed cash flow for each budgetary year for which exceptional contributions from Europol are required.


  2.   Notwithstanding the possibility to dissolve the fund in accordance with Article 13, Europol shall cover any shortfall in case the assets of the Europol Pension Fund are not sufficient to fulfil its liabilities, except for liabilities covered by Europol’s reinsurance schemes.’; |
| --- | --- |

(17)

the following Article is inserted:

‘Article 12b

Monitoring of the fund’s assets

1.   In addition to the report drawn up in accordance with Article 10, the Board shall produce, every quarter, a financial report monitoring the coverage ratio of the fund. In case the coverage ratio is lower than the threshold set out in Article 132 of the Dutch Pensioenwet, the Board shall carry out a risk assessment to evaluate a potential situation of insolvency of the fund during the next five budgetary years. The results shall be reported to the Management Board of Europol and to the Europol Director and shall indicate the reasons, the preventive measures proposed, the expected financial evolution and the estimated needed cash flow for each budgetary year for which exceptional contributions from Europol are required.

2.   Notwithstanding the possibility to dissolve the fund in accordance with Article 13, Europol shall cover any shortfall in case the assets of the Europol Pension Fund are not sufficient to fulfil its liabilities, except for liabilities covered by Europol’s reinsurance schemes.’;

| (18) | Article 13(1) is replaced by the following:

  ‘1.   The fund has been established for an undetermined period. It may only be dissolved by unanimous decision of the Council. Such decision shall be taken on the basis of a proposal from the Management Board of Europol, submitted after hearing the Board.’; |
| --- | --- |

(18)

Article 13(1) is replaced by the following:

‘1.   The fund has been established for an undetermined period. It may only be dissolved by unanimous decision of the Council. Such decision shall be taken on the basis of a proposal from the Management Board of Europol, submitted after hearing the Board.’;

| (19) | Article 14 is repealed. |
| --- | --- |

(19)

Article 14 is repealed.

Article 2

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

Done at Luxembourg, 28 June 2011.

For the Council

The President

FAZEKAS S.

---

(1)  
  OJ C 26, 30.1.1999, p. 23.

1

(2)  
  OJ L 121, 15.5.2009, p. 37.

2

(3)  
  OJ C 316, 27.11.1995, p. 1.

3

(4)  
  OJ L 56, 4.3.1968, p. 1.

4

(5)  See document 5397/99 on the Council’s public register: http://register.consilium.eu.int/

5

---

| 7.7.2011 | EN | Official Journal of the European Union | L 179/8 |
| --- | --- | --- | --- |

7.7.2011

EN

Official Journal of the European Union

L 179/8

---

COMMISSION IMPLEMENTING DECISION

of 6 July 2011

establishing the financial contribution by the Union to the expenditure incurred in the context of the emergency measures taken to combat avian influenza in Italy in 2009

(notified under document C(2011) 4774)

(Only the Italian text is authentic)

(2011/401/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 4 thereof,

Whereas:

| (1) | In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution. |
| --- | --- |

(1)

In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

| (2) | Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. With a view to helping to eradicate avian influenza as rapidly as possible the Union should contribute financially to eligible expenditure borne by the Member States. Article 4(3) first and second indents of that Decision lays down rules on the percentage that must be applied to the costs incurred by the Member States. |
| --- | --- |

(2)

Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. With a view to helping to eradicate avian influenza as rapidly as possible the Union should contribute financially to eligible expenditure borne by the Member States. Article 4(3) first and second indents of that Decision lays down rules on the percentage that must be applied to the costs incurred by the Member States.

| (3) | Article 3 of Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2) sets rules on the expenditure eligible for Union financial support. |
| --- | --- |

(3)

Article 3 of Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2) sets rules on the expenditure eligible for Union financial support.

| (4) | Commission Decision 2010/148/EU of 5 March 2010 on a financial contribution from the Union towards emergency measures to combat avian influenza in the Czech Republic, Germany, Spain, France and Italy in 2009 (3) granted a financial contribution by the Union towards emergency measures to combat avian influenza in Italy in 2009. |
| --- | --- |

(4)

Commission Decision 2010/148/EU of 5 March 2010 on a financial contribution from the Union towards emergency measures to combat avian influenza in the Czech Republic, Germany, Spain, France and Italy in 2009 (3) granted a financial contribution by the Union towards emergency measures to combat avian influenza in Italy in 2009.

| (5) | On 24 March 2010, Italy submitted an official request for reimbursement in the amount of EUR 966 694,15 as set out in Article 7(1) and 7(2) of Regulation (EC) No 349/2005. |
| --- | --- |

(5)

On 24 March 2010, Italy submitted an official request for reimbursement in the amount of EUR 966 694,15 as set out in Article 7(1) and 7(2) of Regulation (EC) No 349/2005.

| (6) | The payment of the financial contribution from the Union must be subject to the condition that the planned activities were actually implemented and that the authorities provided all the necessary information within the set deadlines. The Commission’s observations, method of calculating the eligible expenditure and final conclusions were communicated to Italy by e-mail dated 14 February 2011. An amount of EUR 552 110,80 has been deemed non-eligible in accordance with the eligibility rules of Regulation (EC) No 349/2005. Italy agreed by e-mail dated 16 March 2011. |
| --- | --- |

(6)

The payment of the financial contribution from the Union must be subject to the condition that the planned activities were actually implemented and that the authorities provided all the necessary information within the set deadlines. The Commission’s observations, method of calculating the eligible expenditure and final conclusions were communicated to Italy by e-mail dated 14 February 2011. An amount of EUR 552 110,80 has been deemed non-eligible in accordance with the eligibility rules of Regulation (EC) No 349/2005. Italy agreed by e-mail dated 16 March 2011.

| (7) | The Italian authorities have fully complied with their technical and administrative obligations as set out in Article 3(4) of Decision 2009/470/EC and Article 7 of Regulation (EC) No 349/2005. |
| --- | --- |

(7)

The Italian authorities have fully complied with their technical and administrative obligations as set out in Article 3(4) of Decision 2009/470/EC and Article 7 of Regulation (EC) No 349/2005.

| (8) | In view of the above considerations, the total amount of the financial support from the Union to the eligible expenditure incurred associated with the eradication of avian influenza in Italy in 2009 should now be fixed. |
| --- | --- |

(8)

In view of the above considerations, the total amount of the financial support from the Union to the eligible expenditure incurred associated with the eradication of avian influenza in Italy in 2009 should now be fixed.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

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

HAS ADOPTED THIS DECISION:

Article 1

The financial contribution from the Union towards the expenditure associated with eradicating avian influenza in Italy in 2009 is fixed at EUR 414 583,35.

Article 2

This Decision constituting a financing decision in the meaning of Article 75 of the Financial Regulation is addressed to the Italian Republic.

Done at Brussels, 6 July 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  
  OJ L 155, 18.6.2009, p. 30.

1

(2)  
  OJ L 55, 1.3.2005, p. 12.

2

(3)  
  OJ L 60, 10.3.2010, p. 22.

3

---

| 7.7.2011 | EN | Official Journal of the European Union | L 179/10 |
| --- | --- | --- | --- |

7.7.2011

EN

Official Journal of the European Union

L 179/10

---

COMMISSION IMPLEMENTING DECISION

of 6 July 2011

on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt

(notified under document C(2011) 5000)

(Text with EEA relevance)

(2011/402/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(i) and Article 53(1)(b)(iii) thereof,

Whereas:

| (1) | Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Community and national level. It provides for emergency measures where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned. |
| --- | --- |

(1)

Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Community and national level. It provides for emergency measures where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.

| (2) | On 22 May 2011 Germany reported an outbreak of Shiga-toxin producing Escherichia coli- bacteria (STEC), serotype O104:H4 in the Northern part of Germany. Based on epidemiological investigations and laboratory testing the source of contamination could be linked to the consumption of sprouted seeds produced in one establishment south of Hamburg. |
| --- | --- |

(2)

On 22 May 2011 Germany reported an outbreak of Shiga-toxin producing Escherichia coli- bacteria (STEC), serotype O104:H4 in the Northern part of Germany. Based on epidemiological investigations and laboratory testing the source of contamination could be linked to the consumption of sprouted seeds produced in one establishment south of Hamburg.

| (3) | On 15 June 2011 France reported an outbreak in Bordeaux, France, which –according to preliminary results– was caused by the same E. coli strain (Shiga-toxin producing Escherichia coli – bacteria (STEC), serotype O104:H4) as the one found in Germany. Just as in the case of Germany, investigations indicate that consumption of sprouted seeds may have caused the outbreak. |
| --- | --- |

(3)

On 15 June 2011 France reported an outbreak in Bordeaux, France, which –according to preliminary results– was caused by the same E. coli strain (Shiga-toxin producing Escherichia coli – bacteria (STEC), serotype O104:H4) as the one found in Germany. Just as in the case of Germany, investigations indicate that consumption of sprouted seeds may have caused the outbreak.

| (4) | Further indicators suggest that the dry seeds used for sprouting could be the original cause of the outbreak in Germany and in France. In order to ascertain the origin of the contamination, the Commission initiated a tracing back exercise coordinated by the European Food Safety Authority (EFSA) in consultation with the European Centre for Disease Prevention and Control and the World Health Organisation. On 5 July 2011, EFSA published its final report. The report states that the comparison of the back tracing information from the French and German outbreaks leads to the conclusion that a lot of fenugreek seeds imported from Egypt is the most likely common link although it cannot be excluded that other lots may be implicated. Given the possible severe human health impact arising from exposure to a small quantity of contaminated material, and, in the absence of information regarding the source and means of contamination as well as possible cross-contamination, it seems appropriate currently to consider all lots of the identified exporter as suspect. |
| --- | --- |

(4)

Further indicators suggest that the dry seeds used for sprouting could be the original cause of the outbreak in Germany and in France. In order to ascertain the origin of the contamination, the Commission initiated a tracing back exercise coordinated by the European Food Safety Authority (EFSA) in consultation with the European Centre for Disease Prevention and Control and the World Health Organisation. On 5 July 2011, EFSA published its final report. The report states that the comparison of the back tracing information from the French and German outbreaks leads to the conclusion that a lot of fenugreek seeds imported from Egypt is the most likely common link although it cannot be excluded that other lots may be implicated. Given the possible severe human health impact arising from exposure to a small quantity of contaminated material, and, in the absence of information regarding the source and means of contamination as well as possible cross-contamination, it seems appropriate currently to consider all lots of the identified exporter as suspect.

| (5) | In addition the present tracing back exercise supports the hypothesis that the outbreaks are linked and are due to the import of fenugreek seeds which were contaminated at the importation or prior to import into the EU. The contamination of seeds with the E. coli O104:H4 strain reflects a production process which allowed contamination of faecal material of human and/or animal origin. Where exactly in the food chain this took place is still uncertain and whether this has in the meantime been remedied is also unknown. Further microbiological sampling shall be carried out in Member States to complement the evidence derived from the epidemiological studies as provided for in Article 8 of Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (2). |
| --- | --- |

(5)

In addition the present tracing back exercise supports the hypothesis that the outbreaks are linked and are due to the import of fenugreek seeds which were contaminated at the importation or prior to import into the EU. The contamination of seeds with the E. coli O104:H4 strain reflects a production process which allowed contamination of faecal material of human and/or animal origin. Where exactly in the food chain this took place is still uncertain and whether this has in the meantime been remedied is also unknown. Further microbiological sampling shall be carried out in Member States to complement the evidence derived from the epidemiological studies as provided for in Article 8 of Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (2).

| (6) | On the basis of the precautionary principle it is necessary to temporary prohibit also the import of all seeds and beans originated from Egypt, identified in the Annex, to allow the time necessary for further assessment of their safety. It is evident that there is possible severe human health impact arising from exposure to a small quantity of contaminated material also from other seeds and beans and that there is no precise information regarding the exact origin in Egypt and means of the contamination as well as possible cross-contamination. |
| --- | --- |

(6)

On the basis of the precautionary principle it is necessary to temporary prohibit also the import of all seeds and beans originated from Egypt, identified in the Annex, to allow the time necessary for further assessment of their safety. It is evident that there is possible severe human health impact arising from exposure to a small quantity of contaminated material also from other seeds and beans and that there is no precise information regarding the exact origin in Egypt and means of the contamination as well as possible cross-contamination.

| (7) | Therefore it is appropriate to adopt, at European Union level, certain precautionary emergency measures to ensure that Member States adopt all necessary measures to withdraw from the EU market all lots of fenugreek seeds imported from Egypt during the period 2009 – 2011 mentioned in the notifications of the Rapid Alert System for Food and Feed linked to the tracing back exercise, to sample them and then destroy them and to temporarily suspend import from Egypt of all seeds and beans identified in the Annex to this Decision. |
| --- | --- |

(7)

Therefore it is appropriate to adopt, at European Union level, certain precautionary emergency measures to ensure that Member States adopt all necessary measures to withdraw from the EU market all lots of fenugreek seeds imported from Egypt during the period 2009 – 2011 mentioned in the notifications of the Rapid Alert System for Food and Feed linked to the tracing back exercise, to sample them and then destroy them and to temporarily suspend import from Egypt of all seeds and beans identified in the Annex to this Decision.

| (8) | In order to allow the time necessary for the Competent Authorities of Egypt to provide feedback and to consider the appropriate risk management measures the temporary suspension of imports should be in force at least until 31 October 2011. |
| --- | --- |

(8)

In order to allow the time necessary for the Competent Authorities of Egypt to provide feedback and to consider the appropriate risk management measures the temporary suspension of imports should be in force at least until 31 October 2011.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health. |
| --- | --- |

(9)

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

HAS ADOPTED THIS IMPLEMENTING DECISION:

Article 1

Member States shall adopt all the necessary measures so that all lots of fenugreek seeds imported from Egypt during the period 2009 – 2011, mentioned in the notifications of the Rapid Alert System for Food and Feed linked to the tracing back exercise are withdrawn from the market and destroyed. In accordance with Article 8 of Directive 2003/99/EC the concerned lots shall be sampled.

Article 2

The release for free circulation in the EU of seeds and beans from Egypt as set out in the Annex is prohibited until 31 October 2011.

Article 3

The measures laid down in this Decision shall be regularly reassessed on the basis of the guarantees offered by Egypt, results of the analytical tests and investigations carried out by the Member States.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 6 July 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  
  OJ L 31, 1.2.2002, p. 1.

1

(2)  
  OJ L 325, 12.12.2003, p. 31.

2

---

ANNEX

Seeds and beans for which import from Egypt is prohibited until 31 October 2011:

| CN Code | Description |
| --- | --- |
| ex 0704 90 90 | Rocket sprouts |
| ex 0706 90 90 | Beetroot sprouts, radish sprouts |
| 0708 | Leguminous vegetables, shelled or unshelled, fresh or chilled |
| 0713 | Dried leguminous vegetables, shelled, whether or not skinned or split |
| ex 0709 90 90 | Soya bean sprouts |
| 1201 00 | Soya beans, whether or not broken |
| 1209 10 00 | Sugar beet seed |
| 1209 21 00 | Lucerne (alfalfa) seed |
| 1209 91 | Vegetable seeds |
| 1207 50 10 | Mustard seeds, for sowing |
| 1207 50 90 | Other mustard seeds |
| 1207 99 97 | Other oil seeds and oleaginous fruits, whether or not broken |
| 0910 99 10 | Fenugreek seed |
| ex 1214 90 90 | Lucerne (alfalfa) sprouts |

CN Code

Description

ex 0704 90 90

Rocket sprouts

ex 0706 90 90

Beetroot sprouts, radish sprouts

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

0713

Dried leguminous vegetables, shelled, whether or not skinned or split

ex 0709 90 90

Soya bean sprouts

1201 00

Soya beans, whether or not broken

1209 10 00

Sugar beet seed

1209 21 00

Lucerne (alfalfa) seed

1209 91

Vegetable seeds

1207 50 10

Mustard seeds, for sowing

1207 50 90

Other mustard seeds

1207 99 97

Other oil seeds and oleaginous fruits, whether or not broken

0910 99 10

Fenugreek seed

ex 1214 90 90

Lucerne (alfalfa) sprouts

---