title: Commission Implementing Regulation (EU) No 145/2013 of 19 February 2013 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe

text:
               20.2.2013

               EN

               Official Journal of the European Union

               L 47/63

         COMMISSION IMPLEMENTING REGULATION (EU) No 145/2013
   of 19 February 2013
   amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(a) and (b) thereof,
   Whereas:

               (1)

               Annex III to Regulation (EC) No 314/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation. Annex II to Regulation (EC) No 314/2004 lists the competent authorities to which specific functions relating to the implementation of that Regulation are attributed.

               (2)

               Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (2) identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision, and Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required.

               (3)

               On 18 February 2013, the Council decided to remove certain entries from the list of persons and entities to whom the restrictions should apply. Annex III to Regulation (EC) No 314/2004 should be amended to ensure consistency with that Council Decision.

               (4)

               Annex II to Regulation (EC) No 314/2004 should be updated on the basis of the information most recently provided by Member States regarding the identification of competent authorities.

               (5)

               Regulation (EC) No 314/2004 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 314/2004 is amended as follows:

               (1)

               Annex II is replaced by the text set out in Annex I to this Regulation.

               (2)

               Annex III is amended in accordance with Annex II to this Regulation.

         Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 February 2013.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 55, 24.2.2004, p.1.

      (2)  OJ L 42, 16.2.2011, p. 6–23

      ANNEX I

            "ANNEX II

               Web sites for information on the competent authorities referred to in Articles 4, 7 and 8 and address for notifications to the European Commission

            BELGIUM
            http://www.diplomatie.be/eusanctions
            BULGARIA
            http://www.mfa.bg/en/pages/135/index.html
            CZECH REPUBLIC
            http://www.mfcr.cz/mezinarodnisankce
            DENMARK
            http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/
            GERMANY
            http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
            ESTONIA
            http://www.vm.ee/est/kat_622/
            IRELAND
            http://www.dfa.ie/home/index.aspx?id=28519
            GREECE
            http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
            SPAIN
            http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
            FRANCE
            http://www.diplomatie.gouv.fr/autorites-sanctions/
            ITALY
            http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
            CYPRUS
            http://www.mfa.gov.cy/sanctions
            LATVIA
            http://www.mfa.gov.lv/en/security/4539
            LITHUANIA
            http://www.urm.lt/sanctions
            LUXEMBOURG
            http://www.mae.lu/sanctions
            HUNGARY
            http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
            MALTA
            http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
            NETHERLANDS
            www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties
            AUSTRIA
            http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
            POLAND
            http://www.msz.gov.pl
            PORTUGAL
            http://www.min-nestrangeiros.pt
            ROMANIA
            http://www.mae.ro/node/1548
            SLOVENIA
            http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
            SLOVAKIA
            http://www.foreign.gov.sk
            FINLAND
            http://formin.finland.fi/kvyhteistyo/pakotteet
            SWEDEN
            http://www.ud.se/sanktioner
            UNITED KINGDOM
            www.fco.gov.uk/competentauthorities

               Address for notifications to the European Commission

                        European Commission

                        Service for Foreign Policy Instruments (FPI)

                        EEAS 02/309

                        B-1049 Brussels

                        Belgium

                        E-mail: relex-sanctions@ec.europa.eu"

      ANNEX II
      Annex III to Regulation (EC) No 314/2004 is amended as follows:

                  (1)

                  The following entries shall be deleted from the heading ‘I. Persons’:

                              Name
                              (and any aliases)

                              Identifying information

                              Grounds for designation

                              (1)

                              Chapfika, David

                              Former Deputy Minister of Agriculture (former Deputy Minister of Finance), born 7.4.1957;
                              Passport: ZL037165.
                              ID: 63-052161G48

                              National Chairman of the ZANU-PF fund-raising Committee, sponsored militias in 2008 by providing support to militia bases in the Hoyuyu area of Mutoko.

                              (2)

                              Chigudu, Tinaye Elisha Nzirasha

                              Former Provincial Governor: Manicaland. Born 13.08.42.
                              Passport AD000013.
                              ID 63-022247R42.

                              Former Permanent Secretary of the Ministry of Mines and Mines Development in Zimbabwe and former provincial governor of Manicaland. Associated with the ZANU-PF faction of the government. In June 2008 ordered repression of MDC supporters

                              (3)

                              Chipanga, Tongesai Shadreck

                              Former Deputy Minister of Home Affairs, born 10.10.1940 alt 10.10.1946.

                              Former member of the Government and former director of Zimbabawe’s secret police, associated with politically motivated murder.

                              (4)

                              Kwenda, R.

                              Major, Zaka East.

                              Directly involved in the terror campaign waged before and during the elections. Leader of violence in Zaka in 2008.

                              (5)

                              Mahofa, Shuvai Ben

                              Former Deputy Minister for Youth Development, Gender and Employment Creation, born 4.4.1941.
                              Passport AD000369.
                              ID 27-031942V27

                              Sponsored those who established torture bases in Masvingo. Persons from these bases killed Mapurisa Zvidzai on 24 April 2008 and Tiziro Moyo on 11 June 2008.

                              (6)

                              Mashava, G.

                              Colonel, Chiredzi Central.

                              Led politically motivated violence in Chirendzi in 2008.

                              (7)

                              Moyo, Gilbert

                              ‘War veteran’, leader of ZANU-PF militia.

                              Directly involved in the terror campaign waged before and during the 2008 elections in Mashonaland West (Chegutu); involved in violent farm takeovers.

                              (8)

                              Mpabanga, S.

                              Lieutenant-Colonel, Mwenezi East

                              Directly involved in the terror campaign waged before and during the elections. Led politically motivated violence in Mwenezi

                              (9)

                              Msipa, Cephas George

                              Former Provincial Governor: Midlands, born 7.7.1931.

                              Former Provincial Governor associated with the ZANU-PF faction of the Government.

                              (10)

                              Muchono, C.

                              Lieutenant-Colonel, Mwenezi West.

                              Directly involved in the terror campaign waged before and during the elections, by leading terror campaign in Mwenezi in 2008.

                              (11)

                              Mudenge, Isack Stanislaus Gorerazvo

                              Minister of Higher and Tertiary Education (former Minister of Foreign Affairs), born 17.12.1941 , alt 17.12.1948
                              Passport AD000964.
                              ID 63-645385Q22

                              ZANU-PF Member of Government.

                              (12)

                              Mudonhi, Columbus

                              Assistant Inspector ZRP.

                              Directly involved in the campaign of terror waged before and after the elections, by leading violence in Buhera in 2008.

                              (13)

                              Mugariri, Bothwell

                              Former Senior Assistant Police Commissioner.

                              Former member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly. As Officer in charge in Harare, connected to violent operations in March 2007.

                              (14)

                              Mumba, Isaac

                              Superintendent.

                              Directly involved in the campaign of terror waged before and after the 2008 elections. In chain of command which organized violence in Soka village in Muzarabani.

                              (15)

                              Mutsvunguma, S.

                              Colonel, Headlands.

                              Directly involved in the terror campaign waged before and during the elections in 2008 in Mutare and the Highlands.

                              (16)

                              Nkomo, John Landa

                              Vice-President. Former Speaker of House of Assembly (former Minister of Special Affairs in the President's Office), ZANU-PF national chairman, born 22.8.1934.
                              Passport AD000477.
                              ID 63-358161Q73

                              Longest serving ZANU-PF Member of Government.

                              (17)

                              Nyambuya, Michael Reuben

                              Former Minister for Energy and Power Development (former Lieutenant General, Provincial Governor: Manicaland), born 23.7.1955.
                              Passport AN045019.
                              ID 50-013758E50

                              Former ZANU-PF member of Government. Involved in violence in Manicaland and used army personnel for farm take-overs.

                              (18)

                              Parirenyatwa, David Pagwese

                              Former Minister of Health and Child Welfare (former Deputy Minister), born 2.8.1950.
                              Passport AD000899.
                              ID 63-320762P47

                              Former ZANU-PF Member of the Government. Organised torture bases in Murehwa North and provided support to gangs who murdered Edward Pfukwa on 17 June 2008 and Alloys Chandisareva Sanyangore in November 2008.

                              (19)

                              Rangwani, Dani

                              Police Detective Inspector. Born 11.2.1962.
                              ID 70-006039V70

                              Member of the security forces. Involved in group of 50 men paid directly by ZANU-PF to locate and torture MDC supporters in April 2007.

                              (20)

                              Ruwodo, Richard

                              Director War Veterans Affairs in the Ministry of Defence. Brigadier General, promoted on 12 August 2008 to the rank of Major General (retired); former Acting PUS for Ministry of Defence, born 14.3.1954.
                              ID 63-327604B50

                              Senior army officer directly involved in the campaign of terror waged before and after the elections. Oversees the war veterans, which as a group have been used to carry out the repressive policies of the ZANU-PF faction of the government.

                              (21)

                              Zhuwao, Patrick

                              Former Deputy Minister for Science and Technology. Born 23.5.1967.
                              ID 63-621736K70

                              Former ZANU-PF Member of Government. Disrupted Conference on the Constitution in July 2009. Terrorised MDC supporters around Norton, accompanied by CIO agents.

                  (2)

                  The following entry shall be deleted from the heading ‘II. Entities’:

                              Name

                              Identifying information

                              Grounds for designation

                              (1)

                              Divine Homes (PVT) Ltd

                              6 Hillside Shopping Centre, Harare, Zimbabwe; 31 Kensington Highlands, Harare, Zimbabwe; 12 Meredith Drive, Eastlea, Harare, Zimbabwe.

                              Chaired by David Chapfika.


title: Commission Implementing Regulation (EU) No 1246/2012 of 19 December 2012 amending Regulation (EC) No 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries and derogating from that Regulation for 2012-2013

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 1246/2012
   of 19 December 2012
   amending Regulation (EC) No 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries and derogating from that Regulation for 2012-2013
   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), and in particular Articles 144(1) and 148, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               The Agreements in the form of an Exchange of Letters between the European Union and Brazil and between the European Union and Thailand, approved by Council Decision 2012/792/EU (2) provide for new quantities of processed poultry meat to be allocated to Brazil, Thailand and other third countries. It is therefore appropriate to amend Commission Regulation (EC) No 616/2007 (3) to take into account the new quantities.

               (2)

               Regulation (EC) No 616/2007 provides for a specific management method for the tariff quotas based on the origin of the products concerned. The new quotas should be managed in the same way.

               (3)

               Regulation (EC) No 616/2007 should therefore be amended accordingly.

               (4)

               The Agreements with Brazil and Thailand enter into force on 1 March 2013 while the quotas concerned are opened on an annual basis for the period from 1 July to 30 June. It is therefore appropriate to provide for derogations from certain provisions of Regulation (EC) No 616/2007 as to be amended by this Regulation. In particular, the annual quantity for the quota year 2012/2013 should be reduced on a pro rata basis. Furthermore, as it is not possible to lodge applications in advance for the new quotas to enter into force on 1 March 2013 a single quota period should apply from 1 March 2013 until 30 June 2013 and a derogation should be laid down to the normal application period provided in Article 5(1) of Regulation (EC) No 616/2007. The validity period of import licences should be amended accordingly.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 616/2007
   Regulation (EC) No 616/2007 is amended as follows:

               (1)

               In Article 1, paragraph 1 is replaced by the following:
               ‘1.   The tariff quotas in Annex I to this Regulation are hereby opened for imports of the products covered by the agreements between the Union and Brazil, and the Union and Thailand, as approved by Decision 2007/360/EC and Council Decision 2012/792/EU (4).
               The tariff quotas are opened on an annual basis for the period from 1 July to 30 June.

               (2)

               Article 3 is replaced by the following:
               ‘Article 3
               1.   With the exception of quotas in Groups Nos 3, 4B, 5B and 6B, the quantity established for the annual quota period shall be spread out over four subperiods, as follows:

                           (a)

                           30 % from 1 July to 30 September;

                           (b)

                           30 % from 1 October to 31 December;

                           (c)

                           20 % from 1 January to 31 March;

                           (d)

                           20 % from 1 April to 30 June.

                     2.   The annual quantity established for quotas in Groups Nos 3, 4B, 5B and 6B shall not be divided into subperiods.
               3.   The annual quantities established for quotas in Groups Nos 5A and 5B shall be managed by attributing import rights as a first step and issuing import licences as a second.’;

               (3)

               Article 4 is amended as follows:

                           (a)

                           in paragraph 1, first and second subparagraphs, the terms ‘Group No 5’ are replaced by ‘Groups Nos 5A and 5B’;

                           (b)

                           in paragraph 4, the terms ‘Groups Nos 3, 6 and 8’ are replaced by ‘Groups Nos 3, 6A, 6B and 8’;

                           (c)

                           paragraph 5 is amended as follows:

                                       (i)

                                       in the first subparagraph, the terms ‘Group No 5’ are replaced by ‘Groups Nos 5A and 5B’;

                                       (ii)

                                       in the second subparagraph, point (b), the terms ‘Groups No 3, 6 and 8’ are replaced by ‘Groups Nos 3, 6A, 6B and 8’;

                                       (iii)

                                       in the third subparagraph, the terms ‘Group No 5’ are replaced by ‘Groups Nos 5A and 5B’;

                           (d)

                           in paragraph 6, the terms ‘Groups Nos 3, 6 and 8’ are replaced by ‘Groups Nos 3, 6A, 6B and 8’;

                           (e)

                           in paragraph 7, third subparagraph, the terms ‘Groups Nos 3 and 6’ are replaced by ‘Groups Nos 3, 6A and 6B’;

               (4)

               Article 5 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   Applications for import rights for Groups Nos 5A and 5B and for import licences for the other groups may be submitted only in the first seven days of the third month preceding each quota period or subperiod.’;

                           (b)

                           in paragraph 2 the terms ‘Group No 5’ are replaced by ‘Groups Nos 5A and 5B’ and the terms ‘Groups Nos 1, 4 and 7’ are replaced by ‘Groups 1, 4A, 4B and 7’;

                           (c)

                           paragraph 3 is replaced by the following:
                           ‘3.   Member States shall notify the Commission, by the 14th day of the month in which applications are submitted, of the total quantities in kilograms requested, broken down by order number and origin.’;

                           (d)

                           in paragraph 5, first and second subparagraphs, the terms ‘Group No 5’ is replaced by ‘Groups Nos 5A and 5B’;

               (5)

               Article 6 is amended as follows:

                           (a)

                           paragraph 1 is amended as follows:

                                       (i)

                                       in point (a), the terms ‘Group No 5’ is replaced by ‘Groups Nos 5A and 5B’;

                                       (ii)

                                       point (b) is replaced by the following:

                                                   ‘(b)

                                                   for Groups Nos 5A and 5B and not later than the 10th day of the month following each quota period or subperiod, of the quantities covered by licences they have issued during that quota period or subperiod.’;

                           (b)

                           in paragraph 3, the second subparagraph is replaced by the following:
                           ‘For Groups Nos 3, 4B, 5B and 6B, the notification referred to in point (a) of the first subparagraph shall not apply.’;

                           (c)

                           paragraph 4 is replaced by the following:
                           ‘4.   The quantities covered by paragraphs 1 and 3 shall be expressed in kilograms and broken down by order number. The quantities covered by paragraph 2 shall be expressed in kilograms and broken down by order number and origin.’;

               (6)

               in Article 7, paragraph 1 is replaced by the following:
               ‘1.   By way of derogation from Article 22 of Commission Regulation (EC) No 376/2008 (5), the import licences shall be valid for 150 days from the first day of the quota period or subperiod for which they were issued.
               For Groups Nos 5A and 5B licences shall be valid for 15 working days from the actual date of issuing, in accordance with Article 22(2) of Regulation (EC) No 376/2008. Import rights shall be valid from the first day of the quota period or subperiod for which the application has been lodged, and until 30 June of the same quota period.

               (7)

               Article 8 is replaced by the following:
               ‘Article 8
               1.   Release for free circulation within the quotas referred to in Article 1 of this Regulation shall be subject to the presentation of a certificate of origin issued by the competent authorities of Brazil (for Groups Nos 1, 4A, 4B, and 7) or Thailand (for Groups Nos 2, 5A and 5B) in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93.
               2.   Paragraph 1 shall not apply to Groups Nos 3, 6A, 6B and 8.’;

               (8)

               Annex I is replaced by the text set out in the Annex to this Regulation.

         Article 2
   Derogations from Regulation (EC) No 616/2007
   For the quota period from 1 July 2012 to 30 June 2013 and as regards the tariff quotas corresponding to order numbers 09.4251, 09.4252, 09.4253, 09.4254, 09.4255, 09.4256, 09.4257, 09.4258, 09.4259, 09.4260, 09.4261, 09.4262, 09.4263, 09.4264 and 09.4265, referred to in Annex I to Regulation (EC) No 616/2007 as amended by Article 1 of this Regulation, the following derogations shall apply:

               (a)

               the quota period is opened from 1 March to 30 June 2013 and the annual quantity is reduced by 67 %;

               (b)

               the subperiods set out in Article 3(1) of Regulation (EC) No 616/2007 shall not apply;

               (c)

               applications for import licences and import rights as referred to in Article 5(1) of that Regulation may be submitted only in the first seven days of January 2013;

               (d)

               the import licences for all Groups except those for Groups Nos 5A and 5B shall be valid from 1 March 2013 until 30 June 2013.

         Article 3
   Entry into force and application
   This Regulation shall enter into force on 1 January 2013.

      This Regulation shall be binding in its entirety and directly applicable in the Member States.
      Done at Brussels, 19 December 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 351, 21.12.2012, p. 47.

      (3)  OJ L 147, 5.6.2007, p. 3.

      (4)  OJ L 351, 21.12.2012, p. 47.’;

      (5)  OJ L 114, 26.4.2008, p. 3.’;

      ANNEX

            ‘ANNEX I

               Poultry meat, salted or in brine
                (1)

                        Country

                        Group No

                        Management periodicity

                        Order number

                        CN code

                        Customs duty

                        Annual quantity

                           (tonnes)

                        Brazil

                        1

                        Quarterly

                        09.4211

                        ex 0210 99 39

                        15,4 %

                        170 807

                        Thailand

                        2

                        Quarterly

                        09.4212

                        ex 0210 99 39

                        15,4 %

                        92 610

                        Other

                        3

                        Annual

                        09.4213

                        ex 0210 99 39

                        15,4 %

                        828

               Preparations of poultry meat other than turkey

                        Country

                        Group No

                        Management periodicity

                        Order number

                        CN code

                        Customs duty

                        Annual quantity

                           (tonnes)

                        Brazil

                        4A

                        Quarterly

                        09.4214

                        1602 32 19

                        8 %

                        79 477

                        09.4251

                        1602 32 11

                        630 €/t

                        15 800

                        09.4252

                        1602 32 30

                        10,9 %

                        62 905

                        4B

                        Annual

                        09.4253

                        1602 32 90

                        10,9 %

                        295

                        Thailand

                        5A

                        Quarterly

                        09.4215

                        1602 32 19

                        8 %

                        160 033

                        09.4254

                        1602 32 30

                        10,9 %

                        14 000

                        09.4255

                        1602 32 90

                        10,9 %

                        2 100

                        09.4256

                        1602 39 29

                        10,9 %

                        13 500

                        5B

                        Annual

                        09.4257

                        1602 39 21

                        630 €/t

                        10

                        09.4258

                        ex 1602 39 85 (2)

                        10,9 %

                        600

                        09.4259

                        ex 1602 39 85 (3)

                        10,9 %

                        600

                        Other

                        6A

                        Quarterly

                        09.4216

                        1602 32 19

                        8 %

                        11 443

                        09.4260

                        1602 32 30

                        10,9 %

                        2 800

                        6B

                        Annual

                        09.4261

                        1602 32 11

                        630 €/t

                        340

                        09.4262

                        1602 32 90

                        10,9 %

                        470

                        09.4263

                        1602 39 29

                        10,9 %

                        220

                        09.4264

                        ex 1602 39 85 (2)

                        10,9 %

                        148

                        09.4265

                        ex 1602 39 85 (3)

                        10,9 %

                        125

               Preparations of turkey meat

                        Country

                        Group No

                        Management periodicity

                        Order number

                        CN code

                        Customs duty

                        Annual quantity

                           (tonnes)

                        Brazil

                        7

                        Quarterly

                        09.4217

                        1602 31

                        8,5 %

                        92 300

                        Other

                        8

                        Quarterly

                        09.4218

                        1602 31

                        8,5 %

                        11 596’

         (1)  Applicability of the preferential arrangements is determined on the basis of the CN code and is subject to the meat salted or in brine being poultrymeat of CN 0207.

         (2)  Processed duck, geese, guinea fowl meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal.

         (3)  Processed duck, geese, guinea fowl meat, containing less than 25 % by weight of poultry meat or offal.