# Official Journal C 157/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.157.eng |
| --- | --- |
| Official Journal
  of the European Union | C 157 |
| | |
| English edition | Information and Notices | Volume 5210 July 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.157.eng

Official Journal

of the European Union

C 157

English edition

Information and Notices

Volume 5210 July 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 157/01 | Commission communication concerning the prolongation of the community guidelines on State aid for rescuing and restructuring firms in difficulty | 1 |
| 2009/C 157/02 | Explanatory Notes to the Combined Nomenclature of the European Communities | 2 |
| 2009/C 157/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 157/01

Commission communication concerning the prolongation of the community guidelines on State aid for rescuing and restructuring firms in difficulty

1

2009/C 157/02

Explanatory Notes to the Combined Nomenclature of the European Communities

2

2009/C 157/03

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 157/04 | Euro exchange rates | 6 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 157/05 | Form of summary information to be provided whenever an aid scheme exempted by this Regulation is implemented and whenever an ad hoc aid exempted by this Regulation is granted outside any aid scheme (
  1
  ) | 7 |
| 2009/C 157/06 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 9 |
| 2009/C 157/07 | Irish national procedure for allocating limited traffic rights | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 157/04

Euro exchange rates

6

NOTICES FROM MEMBER STATES

2009/C 157/05

Form of summary information to be provided whenever an aid scheme exempted by this Regulation is implemented and whenever an ad hoc aid exempted by this Regulation is granted outside any aid scheme (
  1
  )

1

7

2009/C 157/06

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

9

2009/C 157/07

Irish national procedure for allocating limited traffic rights

11

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | Commission |
| 2009/C 157/08 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 14 |
| 2009/C 157/09 | Notice for the attention of the person added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, by virtue of Commission Regulation (EC) No 601/2009 | 18 |

V   Announcements

OTHER ACTS

Commission

2009/C 157/08

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

14

2009/C 157/09

Notice for the attention of the person added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, by virtue of Commission Regulation (EC) No 601/2009

18

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

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 10.7.2009 | EN | Official Journal of the European Union | C 157/1 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/1

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Commission communication concerning the prolongation of the community guidelines on State aid for rescuing and restructuring firms in difficulty

2009/C 157/01

The Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty (1) will expire on 9 October 2009 (2).

Since their adoption in 2004, the Commission has applied these guidelines in numerous cases and experience has shown that they provide a sound basis for the control of this type of State aid.

The economic crisis has created a difficult and unstable economic situation. Having regard to the need to ensure continuity and legal certainty in the treatment of State aid to enterprises in financial difficulty, the Commission has decided to extend the validity of the existing Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty until 9 October 2012.

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(1)  OJ C 244, 1.10.2004, pp. 2-17.

(2)  See paragraph 102 of the Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty, OJ C 244, 1.10.2004, p. 15.

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| 10.7.2009 | EN | Official Journal of the European Union | C 157/2 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/2

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Explanatory Notes to the Combined Nomenclature of the European Communities

2009/C 157/02

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

Page 33

Between the title of Chapter 4 (DAIRY PRODUCE; BIRDS′ EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWEHERE SPECIFIED OR INCLUDED) and ‘0401’ the following text is inserted:

‘General

Caseinates obtained from milk casein are used, for example, as emulsifiers (sodium caseinate) or source of protein (calcium caseinate). Products containing caseinates in excess of 3 % by weight of the dry matter are excluded from headings 0401 to 0404 as those caseinates do not occur naturally in milk at this level (in particular see heading 1901).’

Page 33

Page 33

The second paragraph of the CN Explanatory Note to heading ‘0402’ is replaced by the following:

0402

‘Products containing soya lecithin (emulsifier) in excess of 3 % by weight of the dry matter are excluded from this heading.’

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(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 133, 30.5.2008, p. 1.

2

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| 10.7.2009 | EN | Official Journal of the European Union | C 157/3 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/3

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

2009/C 157/03

| Date of adoption of the decision | 19.5.2009 |
| --- | --- |
| Reference number of State aid | NN 21/09 |
| Member State | Belgium |
| Region | — |
| Title (and/or name of the beneficiary) | Federale Steunmaatregel ‘Luchtvaart 2008-2013’ — Mesure d'aide fédérale ‘Aéronautique 2008-2013’ |
| Legal basis | Mededeling aangaande de Federale Steunmaatregel ‘Luchtvaart 2008-2013’ — Communication relative à la mesure d'aide fédérale ‘Aéronautique 2008-2013’ |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Direct grant, Reimbursable grant |
| Budget | Overall budget: EUR 178 million |
| Intensity | 80 % |
| Duration (period) | until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Federaal Luchtvaartplatform/Plateforme aéronautique fédérale (samengesteld uit/composé de: Federale Overheidsdienst Economie, KMO, Middenstand en Energie/Service public fédéral Economie, PME, Classes moyennes et Energie |
| City Atrium C |
| Vooruitgangstraat 50 |
| 1210 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Date of adoption of the decision

19.5.2009

Reference number of State aid

NN 21/09

Member State

Belgium

Region

—

Title (and/or name of the beneficiary)

Federale Steunmaatregel ‘Luchtvaart 2008-2013’ — Mesure d'aide fédérale ‘Aéronautique 2008-2013’

Legal basis

Mededeling aangaande de Federale Steunmaatregel ‘Luchtvaart 2008-2013’ — Communication relative à la mesure d'aide fédérale ‘Aéronautique 2008-2013’

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Direct grant, Reimbursable grant

Budget

Overall budget: EUR 178 million

Intensity

80 %

Duration (period)

until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Federaal Luchtvaartplatform/Plateforme aéronautique fédérale (samengesteld uit/composé de: Federale Overheidsdienst Economie, KMO, Middenstand en Energie/Service public fédéral Economie, PME, Classes moyennes et Energie

City Atrium C

Vooruitgangstraat 50

1210 Bruxelles/Brussel

BELGIQUE/BELGIË

en/et

| Programmatorische Overheidsdienst Wetenschapsbeleid/Service public de programmation Politique scientifique |
| --- |
| Wetenschapstraat 8 |
| 1000 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Programmatorische Overheidsdienst Wetenschapsbeleid/Service public de programmation Politique scientifique

Wetenschapstraat 8

1000 Bruxelles/Brussel

BELGIQUE/BELGIË

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 3.6.2009 |
| --- | --- |
| Reference number of State aid | N 68/09 |
| Member State | Belgium |
| Region | Vlaams Gewest |
| Title (and/or name of the beneficiary) | ARKimedes risk capital-programme. Increase of annual investment tranches |
| Legal basis | Decreet van 19 december 2003 betreffende het activeren van risicokapitaal in Vlaanderen/Décret du 19 décembre 2003 relatif à l'activation de capital-risque en Flandre; Belgisch Staatsblad/Moniteur Belge 17.2.2004; Besluit van de Vlaamse regering huidende uitvoering van het decreet van 19 december 2003 betreffende het activeren van risicokapitaal in Vlaanderen/Arrêté du Gouvernement flamand portant exécution du décret du 19 décembre 2003 relatif à l'activation du capital-risque en Flandre; Belgisch Staatsblad/Moniteur Belge 30.12.2004 |
| Type of measure | Aid scheme |
| Objective | Risk capital, small and medium-sized enterprises |
| Form of aid | Provision of risk capital |
| Budget | Annual budget: EUR 6 562 million |
| Intensity | — |
| Duration (period) | until 31.12.2010 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Vlaamse Regering, Martelaarsplein 7 |
| 1000 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Date of adoption of the decision

3.6.2009

Reference number of State aid

N 68/09

Member State

Belgium

Region

Vlaams Gewest

Title (and/or name of the beneficiary)

ARKimedes risk capital-programme. Increase of annual investment tranches

Legal basis

Decreet van 19 december 2003 betreffende het activeren van risicokapitaal in Vlaanderen/Décret du 19 décembre 2003 relatif à l'activation de capital-risque en Flandre; Belgisch Staatsblad/Moniteur Belge 17.2.2004; Besluit van de Vlaamse regering huidende uitvoering van het decreet van 19 december 2003 betreffende het activeren van risicokapitaal in Vlaanderen/Arrêté du Gouvernement flamand portant exécution du décret du 19 décembre 2003 relatif à l'activation du capital-risque en Flandre; Belgisch Staatsblad/Moniteur Belge 30.12.2004

Type of measure

Aid scheme

Objective

Risk capital, small and medium-sized enterprises

Form of aid

Provision of risk capital

Budget

Annual budget: EUR 6 562 million

Intensity

—

Duration (period)

until 31.12.2010

Economic sectors

All sectors

Name and address of the granting authority

Vlaamse Regering, Martelaarsplein 7

1000 Bruxelles/Brussel

BELGIQUE/BELGIË

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/index.htm

| Date of adoption of the decision | 22.6.2009 |
| --- | --- |
| Reference number of State aid | N 331/09 |
| Member State | Slovenia |
| Region | — |
| Title (and/or name of the beneficiary) | Prolongation of the Slovenian guarantee scheme for credit institutions |
| Legal basis | Zakon o javnih financah (Urandni list RS, št. 79/99, 124/00, 79/01, 30/02, 56/02 – ZJU, 110/02 – ZDT-B, 127/06 – ZJZP, 14/07 – ZSPDPO) Uredba o merilih in pogojih za izdajanje poroštev po 86. a členu Zakona o javnih financah (Uradni list RS, št. 115/08) |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee |
| Budget | Overall budget: EUR 12 000 million |
| Intensity | — |
| Duration (period) | 6.2009-12.2009 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Ministrstvo za finance Župančičeva 3 |
| 1000 Ljubljana |
| SLOVENIJA |

Date of adoption of the decision

22.6.2009

Reference number of State aid

N 331/09

Member State

Slovenia

Region

—

Title (and/or name of the beneficiary)

Prolongation of the Slovenian guarantee scheme for credit institutions

Legal basis

Zakon o javnih financah (Urandni list RS, št. 79/99, 124/00, 79/01, 30/02, 56/02 – ZJU, 110/02 – ZDT-B, 127/06 – ZJZP, 14/07 – ZSPDPO) Uredba o merilih in pogojih za izdajanje poroštev po 86. a členu Zakona o javnih financah (Uradni list RS, št. 115/08)

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee

Budget

Overall budget: EUR 12 000 million

Intensity

—

Duration (period)

6.2009-12.2009

Economic sectors

Financial intermediation

Name and address of the granting authority

Ministrstvo za finance Župančičeva 3

1000 Ljubljana

SLOVENIJA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/index.htm

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 10.7.2009 | EN | Official Journal of the European Union | C 157/6 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/6

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Euro exchange rates (1)

9 July 2009

2009/C 157/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3990 |
| JPY | Japanese yen | 130,05 |
| DKK | Danish krone | 7,4469 |
| GBP | Pound sterling | 0,86060 |
| SEK | Swedish krona | 10,9785 |
| CHF | Swiss franc | 1,5119 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0740 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,933 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 275,00 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6997 |
| PLN | Polish zloty | 4,3548 |
| RON | Romanian leu | 4,2142 |
| TRY | Turkish lira | 2,1625 |
| AUD | Australian dollar | 1,7831 |
| CAD | Canadian dollar | 1,6182 |
| HKD | Hong Kong dollar | 10,8426 |
| NZD | New Zealand dollar | 2,2194 |
| SGD | Singapore dollar | 2,0408 |
| KRW | South Korean won | 1 787,29 |
| ZAR | South African rand | 11,3330 |
| CNY | Chinese yuan renminbi | 9,5575 |
| HRK | Croatian kuna | 7,3450 |
| IDR | Indonesian rupiah | 14 193,23 |
| MYR | Malaysian ringgit | 4,9860 |
| PHP | Philippine peso | 67,306 |
| RUB | Russian rouble | 44,5200 |
| THB | Thai baht | 47,669 |
| BRL | Brazilian real | 2,8025 |
| MXN | Mexican peso | 18,8424 |
| INR | Indian rupee | 68,1450 |

Currency

Exchange rate

USD

US dollar

1,3990

JPY

Japanese yen

130,05

DKK

Danish krone

7,4469

GBP

Pound sterling

0,86060

SEK

Swedish krona

10,9785

CHF

Swiss franc

1,5119

ISK

Iceland króna

NOK

Norwegian krone

9,0740

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,933

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

275,00

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6997

PLN

Polish zloty

4,3548

RON

Romanian leu

4,2142

TRY

Turkish lira

2,1625

AUD

Australian dollar

1,7831

CAD

Canadian dollar

1,6182

HKD

Hong Kong dollar

10,8426

NZD

New Zealand dollar

2,2194

SGD

Singapore dollar

2,0408

KRW

South Korean won

1 787,29

ZAR

South African rand

11,3330

CNY

Chinese yuan renminbi

9,5575

HRK

Croatian kuna

7,3450

IDR

Indonesian rupiah

14 193,23

MYR

Malaysian ringgit

4,9860

PHP

Philippine peso

67,306

RUB

Russian rouble

44,5200

THB

Thai baht

47,669

BRL

Brazilian real

2,8025

MXN

Mexican peso

18,8424

INR

Indian rupee

68,1450

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(1)  Source: reference exchange rate published by the ECB.

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NOTICES FROM MEMBER STATES

| 10.7.2009 | EN | Official Journal of the European Union | C 157/7 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/7

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Form of summary information to be provided whenever an aid scheme exempted by this Regulation is implemented and whenever an ad hoc aid exempted by this Regulation is granted outside any aid scheme

(Text with EEA relevance)

2009/C 157/05

1.   Member State: Denmark

2.   Region/Authority granting the aid: —

3.   Title of aid scheme/name of company receiving an ad hoc aid: XF 10/2009 — Aid scheme: Industri til konsum

4.   Legal basis: Lov om fiskeri og fiskeopdræt (fiskeriloven), jf. lovbekendtgørelse nr. 978 af 26. september 2008

5.   Annual expenditure planned under the scheme or amount of ad hoc aid granted: DKK 2 000 000

6.   Maximum aid intensity: 100 %

7.   Date of entry into force:

8.   Duration of the scheme or individual aid award (not later than 30.6.2014); indicate:

| — | under the scheme: the date until which aid may be granted, |
| --- | --- |

—

under the scheme: the date until which aid may be granted,

| — | in the case of an ad hoc aid: the expected date of the last instalment to be paid. |
| --- | --- |

—

in the case of an ad hoc aid: the expected date of the last instalment to be paid.

31 December 2009

9.   Objective of aid: The objective of the aid is to make it possible to identify the market for human consumption of industrial species, primarily sand eel and sprat.

10.   Indicate which of Articles 8 to 24 is used: Article 16

11.   Activity: Using a chartered freezer vessel we intend to identify the possibility of selling industrial species on a global scale, both as bulk product for use in parts of the world with a need for relatively cheap food, and as processed foodstuffs.

12.   Name and address of the granting authority:

| Fiskeafgiftsfonden |
| --- |
| c/o Danmarks Fiskeriforening |
| Nordensvej 3, Taulov |
| 7000 Fredericia |
| DANMARK |

Fiskeafgiftsfonden

c/o Danmarks Fiskeriforening

Nordensvej 3, Taulov

7000 Fredericia

DANMARK

13.   Web-address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://wk.bakuri.dk/filarkiv/fiskeafgiftsfonden.dk/file/budget2009_supplerende_oplysninger.pdf

http://wk.bakuri.dk/filarkiv/fiskeafgiftsfonden.dk/file/FAF_budget2009.pdf

14.   Motivation: Indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: This is a large-scale project part of which is to be funded by the European Fisheries Fund and part under the Innovation Act. It is planned that the latter part-project will receive the rest of its funding via the aid scheme Industri til konsum.

1.   Member State: United Kingdom of Great Britain and Northern Ireland

2.   Region: Scotland

3.   Title of aid scheme/name of the company receiving an ad hoc aid: XF 11/2009 — QA Fish

4.   Legal basis: Article 37 of the Aquaculture and Fisheries (Scotland) Act 2007

5.   Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: GBP 500 398 in one year only

6.   Maximum aid intensity: 60 %

7.   Date of implementation:

8.   Duration of the scheme or the individual aid award: Until 29 May 2009

9.   Objectives of aid: Support to QA Fish to reimburse the cost of the humane destruction of the fish in Loch Strom as a result of the ISA movement restrictions imposed by the Scottish Government. The payment will be made in May 2009.

10.   Indicate which Articles of 8 to 24 is used: This complies with Article 14

11.   Activity concerned: The aid will compensate up to 60 % of the value of the stock lost by QA Fish through the eradication of stock trapped in the Loch of Strom as a result of the movement restrictions on live fish to and from all sites within the ISA control and surveillance zones.

12.   Name and address of the granting authority:

| Brian Dornan |
| --- |
| Scottish Government, Marine Directorate |
| Pentland House |
| 47 Robb’s Loan |
| Edinburgh |
| EH14 1TY |
| UNITED KINGDOM |

Brian Dornan

Scottish Government, Marine Directorate

Pentland House

47 Robb’s Loan

Edinburgh

EH14 1TY

UNITED KINGDOM

13.   Web address: http://www.scotland.gov.uk/Topics/Fisheries/Fish-Shellfish/18610/diseases/infectious-salmon-anaemia/BER

14.   Motivation: The aid paid to QA Fish will be for the costs of the fish lost through the cull required due to the drying out of the Loch and the movement restrictions which prevented the movement of live fish from the Loch. Without this aid there is a real danger that this industry could be lost in the Scottish aquaculture sector.

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| 10.7.2009 | EN | Official Journal of the European Union | C 157/9 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/9

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2009/C 157/06

| Aid No | : | XA 90/09 |
| --- | --- | --- |
| Member State | : | Austria |
| Region | : | Austria |
| Title of aid scheme or name of company receiving individual aid | : | Sonderrichtlinie des Bundesministers für Land- und Forstwirtschaft, Umwelt- und Wasserwirtschaft für die Konsolidierung von Verbindlichkeiten land- und forstwirtschaftlicher Betriebe |
| Legal basis | : | Landwirtschaftsgesetz 1992, BGBl. Nr. 1992/375 |
| Annual expenditure planned under the scheme or overall amount of individual aid granted to the company | : | Aid (cash value): maximum EUR 1,5 million per annum for the duration of the scheme |
| Maximum aid intensity | : | The assistance is granted as an interest subsidy on a consolidation loan to convert existing normal interest loans and other operating liabilities. The subsidy is 50 % of the offsettable gross interest rate on the volume of loans granted and not repaid. The eligible loan is capped at EUR 100 000, and the term of the loan is a maximum of 15 years. To calculate the loan subsidy, reference is to be made to the current gross interest rate in each case, not to exceed 4,5 %, for the entire term of the loan. The cash value for a loan in the sum of EUR 100 000 for a term of 15 years is EUR 15 000 (15 %) |
| Date of implementation | : | 1 April 2009 |
| Duration of scheme or individual aid award | : | 1 April 2009 until 31 December 2013 |
| Objective of aid | : | The purpose of the assistance is to create an incentive for the acquisition and continuation of businesses in debt and to restore their profitability within a reasonable period of time.
  The subject-matter of the assistance is the first establishment of an agricultural holding and acquisition of the business in connection with the implementation of rationalisation and restructuring measures.
  Applicants for assistance are natural persons with an establishment in Austria who run an agricultural and forestry holding in their own name and on their own account and are under 40 years of age at the time of the application (young farmers). |
| Sector(s) concerned | : | Agriculture and forestry |
| Name and address of the granting authority | : | Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft |
| Stubenring 1 |
| 1012 Wien |
| ÖSTERREICH |

Aid No

:

XA 90/09

Member State

:

Austria

Region

:

Austria

Title of aid scheme or name of company receiving individual aid

:

Sonderrichtlinie des Bundesministers für Land- und Forstwirtschaft, Umwelt- und Wasserwirtschaft für die Konsolidierung von Verbindlichkeiten land- und forstwirtschaftlicher Betriebe

Legal basis

:

Landwirtschaftsgesetz 1992, BGBl. Nr. 1992/375

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company

:

Aid (cash value): maximum EUR 1,5 million per annum for the duration of the scheme

Maximum aid intensity

:

The assistance is granted as an interest subsidy on a consolidation loan to convert existing normal interest loans and other operating liabilities. The subsidy is 50 % of the offsettable gross interest rate on the volume of loans granted and not repaid. The eligible loan is capped at EUR 100 000, and the term of the loan is a maximum of 15 years. To calculate the loan subsidy, reference is to be made to the current gross interest rate in each case, not to exceed 4,5 %, for the entire term of the loan. The cash value for a loan in the sum of EUR 100 000 for a term of 15 years is EUR 15 000 (15 %)

Date of implementation

:

1 April 2009

Duration of scheme or individual aid award

:

1 April 2009 until 31 December 2013

Objective of aid

:

The purpose of the assistance is to create an incentive for the acquisition and continuation of businesses in debt and to restore their profitability within a reasonable period of time.

The subject-matter of the assistance is the first establishment of an agricultural holding and acquisition of the business in connection with the implementation of rationalisation and restructuring measures.

Applicants for assistance are natural persons with an establishment in Austria who run an agricultural and forestry holding in their own name and on their own account and are under 40 years of age at the time of the application (young farmers).

Sector(s) concerned

:

Agriculture and forestry

Name and address of the granting authority

:

Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Stubenring 1

1012 Wien

ÖSTERREICH

Website

:

http://www.landnet.at/article/articleview/17666/1/5125/

Other information

:

This scheme comes under Article 7 of Commission Regulation (EC) No 1857/2006 of 15 December 2006 and fulfils the criteria set out in Article 22 of Regulation (EC) No 1698/2005

Aid No: XA 93/09

Member State: Federal Republic of Germany

Region: Brandenburg

Title of aid scheme or name of company receiving individual aid: Brandenburg-Kredit für den Ländlichen Raum — Baustein 2: Landwirtschaft „Nachhaltigkeit“

Legal basis: Gesetz über die InvestitionsBank des Landes Brandenburg in der Fassung der Bekanntmachung vom 23. Juli 1996 (GVBl. I/96, Nr. 19, S. 258) geändert durch Gesetz vom 20. April 2004 (GVBl. I/04, Nr. 07, S. 156) in Verbindung mit der Programminformation Brandenburg-Kredit für den Ländlichen Raum — Baustein 2: Landwirtschaft „Nachhaltigkeit“ und dem Merkblatt Beihilfen

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Interest subsidies are to be granted. The expected value of the aid is EUR 0,2 million

Maximum aid intensity: Up to 20 % of the eligible costs. The maximum amount of aid granted to an individual enterprise must not exceed EUR 400 000 over any period of three financial years. Where there is cumulation with other public funding in respect of the same eligible costs, the thresholds laid down in Regulation (EC) No 1857/2006 must be complied with

Date of implementation: In accordance with the time limit laid down in Article 20(1) of Regulation (EC) No 1857/2006, but not before 1 April 2009

Duration of scheme or individual aid award: Until 30 June 2014

Objective of the aid: To support SMEs active in the primary production of agricultural products, as listed in Annex I to the EC Treaty (with the exception of fisheries and aquaculture), by promoting investment in primary agricultural production. Investment to preserve and improve the natural environment, or improve hygiene conditions or animal welfare standards. Investment to improve quality (Article 4 of Regulation (EC) No 1857/2006).

The eligible expenses cover (a) the construction, acquisition or modernisation of immovable property, (b) the purchase or lease-purchase of machinery and equipment, including computer software, up to the market value of the asset and (c) general costs linked to expenditure under points (a) and (b), such as architects, engineers and consultation fees, feasibility studies, etc.

Sector(s) concerned: Agriculture, viticulture, horticulture

Name and address of the granting authority:

| InvestitionsBank des Landes Brandenburg |
| --- |
| Steinstraße 104-106 |
| 14480 Potsdam |
| DEUTSCHLAND |

InvestitionsBank des Landes Brandenburg

Steinstraße 104-106

14480 Potsdam

DEUTSCHLAND

Website: http://www.ilb.de/rd/programme/1812.php

Other information: —

Aid No: XA 94/09

Member State: Federal Republic of Germany

Region: Brandenburg

Title of aid scheme or name of company receiving individual aid: Brandenburg-Kredit für den Ländlichen Raum — Baustein 1: Landwirtschaft „Wachstum“ mit Zinsbonus für Junglandwirte

Legal basis: Gesetz über die InvestitionsBank des Landes Brandenburg in der Fassung der Bekanntmachung vom 23. Juli 1996 (GVBl. I/96, Nr. 19, S. 258) geändert durch Gesetz vom 20. April 2004 (GVBl. I/04, Nr. 07, S. 156) in Verbindung mit der Programminformation Brandenburg-Kredit für den Ländlichen Raum — Baustein 1: Landwirtschaft „Wachstum“ mit Zinsbonus für Junglandwirte und dem Merkblatt Beihilfen

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Interest subsidies are to be granted. The expected value of the aid is EUR 0,2 million

Maximum aid intensity: Up to 20 % of the eligible costs. The maximum amount of aid granted to an individual enterprise must not exceed EUR 400 000 over any period of three financial years. Where there is cumulation with other public funding in respect of the same eligible costs, the thresholds laid down in Regulation (EC) No 1857/2006 will be complied with. Aid may be granted for the purchase of land, other than land for construction purposes, costing up to 10 % of the eligible expenses of the investment

Date of implementation: In accordance with the time limit laid down in Article 20(1) of Regulation (EC) No 1857/2006, but not before 1 April 2009

Duration of scheme or individual aid award: Until 30 June 2014

Objective of the aid: To support SMEs active in the primary production of agricultural products, as listed in Annex I to the EC Treaty (with the exception of fisheries and aquaculture), by promoting investment in primary agricultural production (Article 4 of Regulation (EC) No 1857/2006).

The eligible expenses cover (a) the construction, acquisition or modernisation of immovable property, (b) the purchase or lease-purchase of machinery and equipment, including computer software, up to the market value of the asset and (c) general costs linked to expenditure under points (a) and (b), such as architects, engineers and consultation fees, feasibility studies, etc.

Sector(s) concerned: Agriculture, viticulture, horticulture

Name and address of the granting authority:

| InvestitionsBank des Landes Brandenburg |
| --- |
| Steinstraße 104-106 |
| 14480 Potsdam |
| DEUTSCHLAND |

InvestitionsBank des Landes Brandenburg

Steinstraße 104-106

14480 Potsdam

DEUTSCHLAND

Website: http://www.ilb.de/rd/programme/1812.php

Other information: —

---

| 10.7.2009 | EN | Official Journal of the European Union | C 157/11 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/11

---

Irish national procedure for allocating limited traffic rights

2009/C 157/07

In accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of air service agreements between Member States and third countries, the European Commission publishes the following national procedure for the distribution among eligible Community carriers of air traffic rights where they are limited under air service agreements with third countries.

GENERAL OBJECTIVES

The general objective of the Department of Transport in relation to the allocation of limited rights is to facilitate and encourage as wide a range as possible of reliable, regular and competitive air services for the benefit of Irish tourism, trade and industry.

More specifically it is the objective of the Department to maximise the benefits to consumers, to maintain a high level of safety and to promote economic development of regions.

1.   Information and application for traffic rights

| — | The Aviation Services & Security Division of the Department of Transport will publish on the Department’s website a list of planned bilateral negotiations with third countries. |
| --- | --- |

—

The Aviation Services & Security Division of the Department of Transport will publish on the Department’s website a list of planned bilateral negotiations with third countries.

| — | The outcome of these bilateral negotiations will be published on the Department’s website. |
| --- | --- |

—

The outcome of these bilateral negotiations will be published on the Department’s website.

| — | Expressions of interest for the allocation of rights under new or amended bilateral agreements with third countries will be invited through the Department’s website. Expressions of interest shall be submitted within 30 days from the publication of the invitation. |
| --- | --- |

—

Expressions of interest for the allocation of rights under new or amended bilateral agreements with third countries will be invited through the Department’s website. Expressions of interest shall be submitted within 30 days from the publication of the invitation.

| — | Where expressions of interest exceed the traffic rights available, the Department’s procedure for allocating limited traffic rights will apply. |
| --- | --- |

—

Where expressions of interest exceed the traffic rights available, the Department’s procedure for allocating limited traffic rights will apply.

2.   Allocation procedure

The decision-making process for allocation of limited traffic rights, or designation on restrictive bilateral agreements is based on initial written statements and positions by applicant eligible Community carriers. The written submission will be based on a standard form which will be available on the Department’s website. The standard form will be based on the selection criteria at 3.1 and 3.2 below.

Allocation Committee

A committee will evaluate each proposal. The objective of the Committee will be to compare competing applications in order to determine, as far as objectively possible, which of the proposals is likely to produce the most advantageous service for Irish consumers, tourism and business.

If necessary, the Committee will consult with the Irish Aviation Authority and/or the Commission for Aviation Regulation for advice in respect of any technical matter for which each regulatory body has responsibility.

3.   A two-phase allocation system has been established:

| 1. | Pre-qualification |
| --- | --- |

1.

Pre-qualification

| 2. | Evaluation of each proposal against selection criteria |
| --- | --- |

2.

Evaluation of each proposal against selection criteria

3.1.   Pre-qualification

Carriers must satisfy the Allocation Committee that:

| — | they are established in Ireland, |
| --- | --- |

—

they are established in Ireland,

| — | they have received an Operating Licence in accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (1), |
| --- | --- |

—

they have received an Operating Licence in accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (1),

| — | effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate. |
| --- | --- |

—

effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate.

3.2.   Specific Evaluation Criteria

Each case will be evaluated by the Allocation Committee under the three categories below:

(a)   Quality of the service proposed

| | Description of service |
| --- | --- |

Description of service

| | Assessment of business plans and traffic forecasts |
| --- | --- |

Assessment of business plans and traffic forecasts

| | Technical, commercial and financial capability to provide services and ensure continued operation |
| --- | --- |

Technical, commercial and financial capability to provide services and ensure continued operation

| | Type of operation (scheduled or non-scheduled, code-sharing, direct-indirect service) |
| --- | --- |

Type of operation (scheduled or non-scheduled, code-sharing, direct-indirect service)

| | Frequencies of service |
| --- | --- |

Frequencies of service

| | Availability of connections, accessibility from regions |
| --- | --- |

Availability of connections, accessibility from regions

| | Aircraft type and configuration |
| --- | --- |

Aircraft type and configuration

| | Duration of service, proposed commencement date |
| --- | --- |

Duration of service, proposed commencement date

| | Seasonality |
| --- | --- |

Seasonality

(b)   Price

| | Pricing policy and fare structure |
| --- | --- |

Pricing policy and fare structure

| | Pricing by category/season |
| --- | --- |

Pricing by category/season

(c)   Marketing of services

| | Marketing plan/approach/arrangements with other carriers |
| --- | --- |

Marketing plan/approach/arrangements with other carriers

| | Passenger targets |
| --- | --- |

Passenger targets

| | Distribution/consumer access to the service (On-line booking only/ticketing etc) |
| --- | --- |

Distribution/consumer access to the service (On-line booking only/ticketing etc)

(d)   Procedural Deadline

The Committee will evaluate each application and will make a recommendation to the Minister within two months of date of receipt of the applications. The decision will be made available on the Department’s website.

(e)   Appeals

The Minister shall, upon request in writing from an air carrier aggrieved by a decision of the Committee, establish an appeals panel. An appeals panel will consist of three persons appointed by the Minister. The decisions of the appeals panel will be made within two months from date of receipt of appeal. Decisions will be reasoned and will be published on the Department’s website.

4.   Duration and transfer of allocated traffic rights

| — | Limited traffic rights may be allocated for a limited period (maximum three years) as specified in the invitation for expressions of interest. |
| --- | --- |

—

Limited traffic rights may be allocated for a limited period (maximum three years) as specified in the invitation for expressions of interest.

| — | Limited traffic rights are not transferable. |
| --- | --- |

—

Limited traffic rights are not transferable.

5.   Monitoring & Revocation

| — | Traffic rights will be monitored by the Aviation Regulation and International Relations Division. |
| --- | --- |

—

Traffic rights will be monitored by the Aviation Regulation and International Relations Division.

| — | Rights should be taken up promptly and used in accordance with the application. |
| --- | --- |

—

Rights should be taken up promptly and used in accordance with the application.

| — | Limited traffic rights will be revoked if any of the following occurs:






  — | if not used within a specified timeframe, |
| --- | --- | --- |

—

Limited traffic rights will be revoked if any of the following occurs:

—

if not used within a specified timeframe,

| — | if the level of service is not achieved, |
| --- | --- |

—

if the level of service is not achieved,

| — | the air carriers Operating Licence is revoked or suspended, |
| --- | --- |

—

the air carriers Operating Licence is revoked or suspended,

| — | the limited traffic rights have not been utilised or not fully utilised for a period of six months, unless the carrier can demonstrate that the interruption was beyond its control or due to exceptional circumstances. |
| --- | --- |

—

the limited traffic rights have not been utilised or not fully utilised for a period of six months, unless the carrier can demonstrate that the interruption was beyond its control or due to exceptional circumstances.

| — | Where traffic rights are revoked, they will be reallocated in accordance with these procedures. |
| --- | --- |

—

Where traffic rights are revoked, they will be reallocated in accordance with these procedures.

| — | It will be open to competitor airlines to contest the efficient use of traffic rights by incumbent airlines. In such circumstances, the competing airline should make a written submission to the Aviation Services and Security Division, Department of Transport, demonstrating how its proposed services would be clearly superior to existing services. |
| --- | --- |

—

It will be open to competitor airlines to contest the efficient use of traffic rights by incumbent airlines. In such circumstances, the competing airline should make a written submission to the Aviation Services and Security Division, Department of Transport, demonstrating how its proposed services would be clearly superior to existing services.

| — | With regard to rights allocated before entry into force of the Regulation, such rights may be contestable by competitor airlines following completion of a transitional period of three years, before existing rights become subject to (re)allocation. |
| --- | --- |

—

With regard to rights allocated before entry into force of the Regulation, such rights may be contestable by competitor airlines following completion of a transitional period of three years, before existing rights become subject to (re)allocation.

---

(1)  OJ L 293, 31.10.2008, p. 3.

---

V Announcements

OTHER ACTS

Commission

| 10.7.2009 | EN | Official Journal of the European Union | C 157/14 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/14

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Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2009/C 157/08

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006. Statements of objection must reach the Commission within six months from the date of this publication.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘FARINE DE BLÉ NOIR DE BRETAGNE’ OR ‘FARINE DE BLÉ NOIR DE BRETAGNE — GWINIZH DU BREIZH’

EC No: FR-PGI-005-0555-26.09.2006

PGI ( X ) PDO ( )

1.   Name:

‘Farine de blé noir de Bretagne’ or ‘Farine de blé noir de Bretagne — Gwinizh du Breizh’

2.   Member State or third country:

France

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Class 1.6. | Fruit, vegetables and cereals fresh or processed |
| --- | --- |

Class 1.6.

Fruit, vegetables and cereals fresh or processed

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

The product is a flour obtained by grinding seeds of buckwheat (Fagopyrum esculentum), a plant traditionally grown in Brittany.

The variety used is silvery black la Harpe and/or Tetra Harpe.

The flour colour must be 75 or higher, colour being measured on a scale of 0 to 100 (the lower the L value, the stronger the colour of the flour). ‘Farine de blé noir de Bretagne’ has a strong colour.

The acidity of the flour must have a pH of more than 6.

The moisture level of the stored finished product must be kept at 14,5 % or less.

‘Farine de blé noir de Bretagne’ has a characteristic more fragrant aroma and a strong flavour.

3.3.   Raw ingredients:

—

3.4.   Feed (for products of animal origin only):

—

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

Cultivation, drying, sorting, storing and processing of the buckwheat must be performed within the geographical area of the PGI.

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

‘Farine de blé noir de Bretagne’ may be sold either loose or packaged in 0,5 to 25 kg bags.

3.7.   Specific rules concerning labelling:

Product sold under the name ‘Farine de blé noir de Bretagne’ or ‘Farine de blé noir de Bretagne — Gwinizh du Breizh’

The words ‘Protected Geographical Indication’ and/or the Community logo will appear on the packaging.

4.   Concise definition of the geographical area:

The geographical area defined for ‘farine de blé noir de Bretagne’ corresponds to historic Brittany, i.e. the departments of Côtes d’Armor (372 municipalities), Finistère (283 municipalities), Ille et Vilaine (352 municipalities), Morbihan (261 municipalities) and Loire Atlantique (221 municipalities), as well as the districts of Pouancé and Candé (Maine et Loire) and Saint-Aignan sur Roë (Mayenne).

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

Brittany has an ideal climate for growing buckwheat, water being an important requirement. The typical features of the oceanic climate are perfect during the growing period: limited range of temperatures and low risk of frost in May.

The shortage of water at the start of the summer is offset by an even spread of rainfall over the year. This helps the buckwheat plant get off to a good start at the time of sowing.

This is an annual plant with a very short growth cycle (sowing in May-June, harvesting in September-October) that is suited to temperate climates.

The geological and hydrographic features are favourable for growing buckwheat. Buckwheat particularly likes the slightly acid soil that is typical of the defined geographical area concerned. The subsoil, which is derived from acid rock (granite, schist and sandstone), is fairly shallow and has a low water reserve. Throughout the growth period, the moisture level must be high in order to allow rapid emergence and good fertilisation (July and August).

The pH of the soils used to grow buckwheat must not exceed 6.5.

5.2.   Specificity of the product:

Flour colour: all the work carried out on ‘farine de blé noir de Bretagne’ shows that it has a stronger colour than flour produced from other French or imported buckwheat seeds. This is explained by the difference in the thickness of the buckwheat seeds from Brittany (between 0,10 and 0,15 mm) and those from elsewhere (between 0,15 and 0,23 mm).

Breton buckwheat seed yields are lower on account of the fact that the seeds are smaller than in other production areas.

As a result of all those factors, products made from ‘farine de blé noir de Bretagne’ have a stronger colour and a typical buckwheat aroma.

This product forms the basis of the diet of the population in the area since ‘farine de blé noir de Bretagne’ was intended to be eaten in crêpes (thin, generally sweet pancakes) and galettes (thicker, mainly savoury pancakes).

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

Know-how for producing Breton buckwheat

The tradition of producing buckwheat and the farming practices involved have been known for a long time. Buckwheat has been grown in the geographical area since the 14th century. It was developed as a first crop on newly drained marshland or cleared land.

The cultivation technique consisting in creating a false seed bed, coupled with the absence of inputs, establish buckwheat intended for the production of ‘farine de blé noir de Bretagne’ as a specific product.

The plant does not require heavy tillage work to be carried out. Breton farmers in fact developed the false seed-bed technique by working the soil as for normal sowing. This technique has the advantage of encouraging weed germination and subsequently preparing the seed-bed, thus eliminating the use of weedkillers. This stands in sharp contrast to winter and spring cereals, which entail major preparatory work.

Buckwheat is a suitable crop for the often poor soil in the geographical area concerned. The plant does not absorb much nitrogen and requires little fertilisation. It was regarded as a main rotation crop and economic source of production.

Tradition of processing buckwheat into flour

The peasantry in Brittany produced Breton buckwheat primarily for their own use.

The tradition of processing buckwheat seed into flour dates from the 15th century. The number of mills processing buckwheat seed into flour has always been substantial in Brittany. There are still 30 at the present time.

The flour is obtained by the traditional method. After cleaning, the seeds are ground using a cylinder or stone mill.

Reputation of the product

The reputation of the product is associated mainly with traditional Breton cookery. The tradition of using it in crêpes and galettes goes back many centuries. In Brittany there is a genuine know-how for making buckwheat crêpes and galettes that has been passed down from generation to generation. Food customs in this area date from time immemorial. People gathered to eat buckwheat crêpes once a week, taking along their own butter, eggs and jam, and regularly ate galette-saucisse (thick pancake wrapped around a sausage). All peasants had a galetière or billig (pancake griddle) which was placed over a wood fire to cook the batter. This tradition has grown into a significant economic sector exporting throughout the world.

Reference to publication of the specification:

(Article 5(7) of Regulation (EC) No 510/2006)

http://www.inao.gouv.fr/repository/editeur/pdf/IGP2008/cdchFarinedeBleNoirdeBretagnesept2008.pdf

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| 10.7.2009 | EN | Official Journal of the European Union | C 157/18 |
| --- | --- | --- | --- |

10.7.2009

EN

Official Journal of the European Union

C 157/18

---

Notice for the attention of the person added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, by virtue of Commission Regulation (EC) No 601/2009

2009/C 157/09

| 1. | Common Position 2002/402/CFSP (1) calls upon the Community to freeze the funds and economic resources of Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).
  The list drawn up by this UN Committee comprises:






  — | Al Qaida, the Taliban and Mr Usama bin Laden, |
| --- | --- | --- |

1.

Common Position 2002/402/CFSP (1) calls upon the Community to freeze the funds and economic resources of Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).

The list drawn up by this UN Committee comprises:

—

Al Qaida, the Taliban and Mr Usama bin Laden,

| — | natural or legal persons, entities, bodies and groups associated with Al Qaida, the Taliban and Mr Usama bin Laden ,and |
| --- | --- |

—

natural or legal persons, entities, bodies and groups associated with Al Qaida, the Taliban and Mr Usama bin Laden ,and

| — | legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups. |
| --- | --- |

—

legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups.

Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida, Usama bin Laden or the Taliban include:

| (a) | participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, Al Qaida, the Taliban or Mr Usama bin Laden, or any cell, affiliate, splinter group or derivative thereof; |
| --- | --- |

(a)

participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, Al Qaida, the Taliban or Mr Usama bin Laden, or any cell, affiliate, splinter group or derivative thereof;

| (b) | supplying, selling or transferring arms and related materiel to any of them; |
| --- | --- |

(b)

supplying, selling or transferring arms and related materiel to any of them;

| (c) | recruiting for any of them; or |
| --- | --- |

(c)

recruiting for any of them; or

| (d) | otherwise supporting acts or activities of any of them. |
| --- | --- |

(d)

otherwise supporting acts or activities of any of them.

| 2. | The UN Committee decided on 29 June 2009 to add three natural persons to the relevant list. These are Arif Qasmani, Mohammed Yahya Mujahid and Fazeel-A-Tul Shaykh Abu Mohammed Ameed Al-Peshawari. Each of the natural persons concerned may submit at any time a request to the UN Committee, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:





  United Nations — Focal point for delisting |
| --- | --- |
| Security Council Subsidiary Organs Branch |
| Room S-3055 E |
| New York, NY 10017 |
| UNITED STATES OF AMERICA |

2.

The UN Committee decided on 29 June 2009 to add three natural persons to the relevant list. These are Arif Qasmani, Mohammed Yahya Mujahid and Fazeel-A-Tul Shaykh Abu Mohammed Ameed Al-Peshawari. Each of the natural persons concerned may submit at any time a request to the UN Committee, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:

United Nations — Focal point for delisting

Security Council Subsidiary Organs Branch

Room S-3055 E

New York, NY 10017

UNITED STATES OF AMERICA

See for more information at http://www.un.org/sc/committees/1267/delisting.shtml

| 3. | Further to the UN decision referred to at 2, the Commission has adopted Regulation (EC) No 601/2009 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (3), pursuant to Article 7(1) of Regulation (EC) No 881/2002.
  Therefore, the following measures of Regulation (EC) No 881/2002 apply to the three natural persons concerned:






  1. | the freezing of all funds, other financial assets and economic resources belonging to the persons concerned, or owned or held by them, and the prohibition to make funds, other financial assets and economic resources available to him or for his benefit, whether directly or indirectly (Articles 2 and 2a (4)); and |
| --- | --- | --- |

3.

Further to the UN decision referred to at 2, the Commission has adopted Regulation (EC) No 601/2009 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (3), pursuant to Article 7(1) of Regulation (EC) No 881/2002.

Therefore, the following measures of Regulation (EC) No 881/2002 apply to the three natural persons concerned:

1.

the freezing of all funds, other financial assets and economic resources belonging to the persons concerned, or owned or held by them, and the prohibition to make funds, other financial assets and economic resources available to him or for his benefit, whether directly or indirectly (Articles 2 and 2a (4)); and

| 2. | the prohibition on granting, sell, supply or transfer technical advice, assistance or training related to military activities to him, whether directly or indirectly (Article 3). |
| --- | --- |

2.

the prohibition on granting, sell, supply or transfer technical advice, assistance or training related to military activities to him, whether directly or indirectly (Article 3).

| 4. | Each natural person concerned by the listing of Regulation (EC) No 601/2009 may make a request for the grounds for his listing to the Commission. This request should be sent to:





  European Commission |
| --- | --- |
| ‘Restrictive measures’ |
| Rue de la Loi/Wetstraat 200 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

Each natural person concerned by the listing of Regulation (EC) No 601/2009 may make a request for the grounds for his listing to the Commission. This request should be sent to:

European Commission

‘Restrictive measures’

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

| 5. | The attention of the natural persons concerned is also drawn to the possibility of challenging Regulation (EC) No 601/2009 before the Court of First Instance of the European Communities, in accordance with the conditions laid down in Article 230(4) and (5) of the Treaty establishing the European Community. |
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5.

The attention of the natural persons concerned is also drawn to the possibility of challenging Regulation (EC) No 601/2009 before the Court of First Instance of the European Communities, in accordance with the conditions laid down in Article 230(4) and (5) of the Treaty establishing the European Community.

| 6. | Personal data of the natural persons concerned by the listing of Regulation (EC) No 601/2009 will be handled in accordance with the rules of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). Any request, e.g. for further information or in order to exercise the rights under Regulation (EC) No 45/2001 (e.g. access or rectification of personal data), should be sent to the Commission, at the address mentioned under point 4 above. |
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6.

Personal data of the natural persons concerned by the listing of Regulation (EC) No 601/2009 will be handled in accordance with the rules of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). Any request, e.g. for further information or in order to exercise the rights under Regulation (EC) No 45/2001 (e.g. access or rectification of personal data), should be sent to the Commission, at the address mentioned under point 4 above.

| 7. | For good order, the attention of the natural persons listed in Annex I is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds, other financial assets and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation. |
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7.

For good order, the attention of the natural persons listed in Annex I is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds, other financial assets and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.

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(1)  OJ L 139, 29.5.2002, p. 4. Common Position as last amended by Common Position 2003/140/CFSP (OJ L 53, 28.2.2003, p. 62).

(2)  OJ L 179, 10.7.2009, p. 54.

(3)  OJ L 139, 29.5.2002, p. 9.

(4)  Article 2a was inserted by Council Regulation (EC) No 561/2003 (OJ L 82, 29.3.2003, p. 1).

(5)  OJ L 8, 12.1.2001, p. 1.

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