title: Council Implementing Regulation (EU) 2021/587 of 12 April 2021 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

text:
                  13.4.2021

                  EN

                  Official Journal of the European Union

                  L 125/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2021/587
         of 12 April 2021
         implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures against certain persons, entities and bodies in view of the situation in Iran (1), and in particular Article 12(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 12 April 2011, the Council adopted Regulation (EU) No 359/2011.

                     (2)

                     On the basis of a review of Council Decision 2011/235/CFSP (2), the Council has decided that the restrictive measures set out therein should be renewed until 13 April 2022.

                     (3)

                     One person designated in Annex I to Regulation (EU) No 359/2011 is deceased, and his entry should be removed from that Annex. The Council has also concluded that the entries concerning 34 persons and one entity included in Annex I to Regulation (EU) No 359/2011 should be updated.

                     (4)

                     Regulation (EU) No 359/2011 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) No 359/2011 is amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the date 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, 12 April 2021.

                  For the Council

                  The President

               A. P. ZACARIAS

            (1)  OJ L 100, 14.4.2011, p. 1.

            (2)  Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ L 100, 14.4.2011, p. 51).

            ANNEX
            Annex I to Regulation (EU) No 359/2011 (‘List of natural and legal persons, entities and bodies referred to in Article 2(1)’) is amended as follows:

                        (1)

                        entry 16 (concerning HADDAD Hassan (alias Hassan ZAREH DEHNAVI) in the list headed ‘Persons’ is deleted;

                        (2)

                        the entries for the following 34 persons and one entity are replaced by the following:
                        Persons

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘1.

                                    AHMADI-MOQADDAM Esmail

                                    POB: Tehran (Iran)
                                    DOB: 1961
                                    Gender: male

                                    Former Senior Advisor for Security Affairs to the Chief of the Armed Forces General Staff. Chief of Iran’s National Police from 2005 until early 2015. Also Head of the Iranian Cyber Police (listed) from January 2011 until early 2015. Forces under his command led brutal attacks on peaceful protests and a violent night-time attack on the dormitories of Tehran University on 15 June 2009. Former head of Iran’s Headquarters in support of the Yemeni People.

                                    12.4.2011

                                    4.

                                    FAZLI Ali

                                    Gender: male
                                    Title: Brigadier-General

                                    Former Chief of the Imam Hossein Cadet College (2018-June 2020). Former deputy Commander of the Basij (2009-2018), Head of the IRGC’s Seyyed al-Shohada Corps, Tehran Province (until February 2010). The Seyyed al-Shohada Corps is in charge of security in Tehran province and played a key role in the brutal repression of protesters in 2009.

                                    12.4.2011

                                    8.

                                    MOTLAGH Bahram Hosseini

                                    Gender: male

                                    Member of the teaching staff of Imam Hossein University (Guardians of the Revolution). Former Head of the Army Command and General Staff College (DAFOOS). Former Head of the IRGC’s Seyyed al-Shohada Corps, Tehran Province. The Seyyed al-Shohada Corps played a key role in organising the repression of protests in 2009.

                                    12.4.2011

                                    11.

                                    RAJABZADEH Azizollah

                                    Gender: male

                                    Commander of the Urban Order Headquarters since 2014. Former Head of Tehran Disaster Mitigation Organisation (2010-2013). As Head of Tehran Police until January 2010, he was responsible for violent police attacks on protesters and students. As Commander of the Law Enforcement Forces in the Greater Tehran, he was the highest ranking accused in the case of abuses in Kahrizak Detention Centre in December 2009.

                                    12.4.2011

                                    15.

                                    DORRI-NADJAFABADI Ghorban-Ali

                                    POB: Najafabad (Iran)
                                    DOB: 3.12.1950
                                    Gender: male

                                    Member of the Assembly of Experts and representative of the Supreme Leader in Markazi (“Central”) Province and Head of the Supreme Administrative Court. Prosecutor General of Iran until September 2009, as well as former Intelligence Minister under Khatami presidency. As Prosecutor General of Iran, he ordered and supervised the show trials following the first post-election protests, where the accused were denied their rights and access to an attorney.

                                    12.4.2011

                                    19.

                                    JAFARI-DOLATABADI Abbas

                                    POB: Yazd (Iran)
                                    DOB: 1953
                                    Gender: male

                                    Advisor to the Supreme Disciplinary Court of judges since 29 April 2019. Former Prosecutor General of Tehran (August 2009-April 2019). Dolatabadi’s office indicted a large number of protesters, including individuals who took part in the December 2009 Ashura Day protests. He ordered the closure of Karroubi’s office in September 2009 and the arrest of several reformist politicians, and he banned two reformist political parties in June 2010. His office charged protesters with “Muharebeh”, or “enmity against God”, which carries the death penalty, and denied due process to those facing the death penalty. His office also targeted and arrested reformists, human rights activists and members of the media, as part of a broad crackdown on the political opposition.
                                    In October 2018 he announced to the media that four detained Iranian environmental activists were to be charged with “sowing corruption on earth”, a charge which carries the death penalty.

                                    12.4.2011

                                    21.

                                    MOHSENI-EJEI Gholam-Hossein

                                    POB: Ejiyeh (Iran)
                                    DOB: circa 1956
                                    Gender: male

                                    Member of the Expediency Council. Prosecutor General of Iran from September 2009 until 2014. Formerly Deputy Head and spokesperson of the Judiciary. Former Intelligence Minister during the 2009 elections. While he was Intelligence Minister during the 2009 election, intelligence agents under his command were responsible for detention, torture and extraction of false confessions under pressure from hundreds of activists, journalists, dissidents and reformist politicians. In addition, political figures were coerced into making false confessions under unbearable interrogation, which included torture, abuse, blackmail and the threatening of family members.

                                    12.4.2011

                                    22.

                                    MORTAZAVI Said

                                    POB: Meybod, Yazd (Iran)
                                    DOB: 1967
                                    Gender: male

                                    Head of the Welfare System from 2011 to 2013. Prosecutor General of Tehran until August 2009. As Prosecutor General of Tehran, he issued a blanket order used for the detention of hundreds of activists, journalists and students. In January 2010 a parliamentary investigation held him directly responsible for the detention of three prisoners who subsequently died in custody. He was suspended from office in August 2010 after an investigation by the Iranian judiciary into his role in the deaths of the three men detained on his orders following the election.
                                    In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities. He was acquitted by an Iranian Court on 19 August 2015, on charges connected to the torture and deaths of three young men at the Kahrizak detention centre in 2009. Sentenced to prison in 2017 and released in September 2019.

                                    12.4.2011

                                    27.

                                    ZARGAR Ahmad

                                    Gender: male

                                    Judge at the Supreme Court and Chief of the Tehran Revolutionary Court. Head of the “Organization for the Preservation of Morality”. Former judge at the 2nd Branch of the Special Economic Corruption Court. Former judge, Tehran Appeals Court, Branch 36.
                                    He confirmed long-term jail warrants and death warrants against protesters.

                                    12.4.2011

                                    33.

                                    ABBASZADEH-MESHKINI Mahmoud

                                    Gender: male

                                    Member of Parliament since February 2020. Former Advisor to Iran’s High Council for Human Rights (until 2019). Former secretary of the High Council for Human Rights. Former Governor of Ilam Province. Former Political Director of the Interior Ministry. As Head of the Article 10 Committee of the Law on Activities of Political Parties and Groups, he was in charge of authorising demonstrations and other public events and registering political parties.
                                    In 2010, he suspended the activities of two reformist political parties linked to Mousavi – the Islamic Iran Participation Front and the Islamic Revolution Mujahedeen Organisation. From 2009 onwards he has consistently and continuously prohibited all non-governmental gatherings, therefore denying a constitutional right to protest and leading to many arrests of peaceful demonstrators in contravention of the right to freedom of assembly.
                                    In 2009 he also denied the opposition a permit for a ceremony to mourn people killed in protests over the Presidential elections.

                                    10.10.2011

                                    34.

                                    AKBARSHAHI Ali-Reza

                                    Gender: male

                                    Former Director-General of Iran’s Drug Control Headquarters (a.k.a. Anti-Narcotics Headquarters). Former Commander of Tehran Police. Under his leadership, the police force was responsible for the use of extrajudicial force on suspects during arrest and pre-trial detention. The Tehran police were also implicated in raids on Tehran university dorms in June 2009 when, according to an Iranian Majlis commission, more than 100 students were injured by the police and Basiji. Until 2018, head of the railway police.

                                    10.10.2011

                                    36.

                                    AVAEE Seyyed Ali-Reza (a.k.a. AVAEE Seyyed Alireza, AVAIE Alireza)

                                    POB: Dezful (Iran)
                                    DOB: 20.5.1956
                                    Gender: male

                                    Minister of Justice. Former Director of the special investigations office. Until July 2016 Deputy Minister of the Interior and Head of the Public Register. Advisor to the Disciplinary Court for Judges since April 2014. Former President of the Tehran Judiciary. As President of the Tehran Judiciary he has been responsible for human rights violations, arbitrary arrests, denials of prisoners’ rights and a high number of executions.

                                    10.10.2011

                                    39.

                                    GANJI Mostafa Barzegar

                                    Gender: male

                                    General Director of Inspection Supervision and Performance Evaluation of Courts since June 2020. Former Prosecutor General of Qom (2008-2017) and former Head of the Directorate-General for prisons. He was responsible for the arbitrary detention and maltreatment of dozens of offenders in Qom. He was complicit in a grave violation of the right to due process, contributing to the excessive and increasing use of the death penalty and a sharp increase in executions in 2009/2010.

                                    10.10.2011

                                    40.

                                    HABIBI Mohammad Reza

                                    Gender: male

                                    Chief Justice of Isfahan. Former Attorney General of Isfahan. Former Head of the Ministry of Justice office in Yazd. Former Deputy Prosecutor of Isfahan. Complicit in proceedings denying defendants a fair trial – such as Abdollah Fathi, executed in May 2011 after his right to be heard and mental health issues were ignored by Habibi during his trial in March 2010. He was, therefore, complicit in a grave violation of the right to due process, contributing to a sharp increase in executions in 2011.

                                    10.10.2011

                                    41.

                                    HEJAZI Mohammad

                                    POB: Ispahan (Iran)
                                    DOB: 1956
                                    Gender: male

                                    Deputy Commander of IRGC’s Quds Force since 2020 as a result of the reorganisation of its chain of command following the killing of General Qasem Soleimani. As IRGC-General he has played a key role in intimidating and threatening Iran’s “enemies”. Former Head of the IRGC’s Sarollah Corps in Tehran, and former Head of the Basij Forces, he played a central role in the post-election crackdown on protesters in 2009.

                                    10.10.2011

                                    44.

                                    JAZAYERI Massoud

                                    Gender: male
                                    Title: Brigadier-General

                                    Cultural advisor to the Joint Chief of Staff of Iran’s Armed Forces since April 2018. Within the joint military staff of Iran’s Armed Forces, Brigadier-General Massoud Jazayeri was the Deputy Chief of Staff for cultural and media affairs (a.k.a. State Defence Publicity HQ). He actively collaborated in the repression of 2009 protests as Deputy Chief of Staff. He warned in a Kayhan interview that many protesters inside and outside Iran had been identified and would be dealt with at the right time.
                                    He has openly called for the suppression of foreign mass media outlets and the Iranian opposition. In 2010, he asked the government to pass tougher laws against Iranians who cooperate with foreign media sources.

                                    10.10.2011

                                    45.

                                    JOKAR Mohammad Saleh

                                    POB: Yazd (Iran)
                                    DOB: 1957
                                    Gender: male

                                    Member of Parliament for the Province of Yazd. Former Deputy for Parliamentary Affairs of the Revolutionary Guards. From 2011 to 2016, parliamentary deputy for the Province of Yazd and Member of the Parliamentary Committee for National Security and Foreign Policy. Former Commander of Student Basij Forces. In this role, he was actively involved in suppressing protests and indoctrinating children and young people with a view to continuing suppression of free speech and dissent. As Member of the Parliamentary Committee for National Security and Foreign Policy, he publically supported the suppression of opposition to the government.

                                    10.10.2011

                                    46.

                                    KAMALIAN Behrouz (a.k.a. Hackers Brain, Behrooz_Ice)

                                    POB: Tehran (Iran)
                                    DOB: 1983
                                    Gender: male

                                    Head of the “Ashiyaneh” cyber group linked with the Iranian regime. The “Ashiyaneh” Digital Security, founded by Behrouz Kamalian, is responsible for intensive cyber attacks both on domestic opponents and reformists and foreign institutions. Kamalian’s “Ashiyaneh” organisation’s work has assisted the regime’s crackdown against the opposition, which has involved numerous serious human rights violations in 2009. Both Kamalian and the “Ashiyaneh” cyber group have continued their activities until at least January 2020.

                                    10.10.2011

                                    47.

                                    KHALILOLLAHI Moussa (a.k.a. KHALILOLLAHI Mousa, ELAHI Mousa Khalil)

                                    POB: Tabriz (Iran)
                                    DOB: 1963
                                    Gender: male

                                    Prosecutor of Tabriz from 2010 to 2019. He was involved in Sakineh Mohammadi-Ashtiani’s case and is complicit in grave violations of the right to due process.

                                    10.10.2011

                                    48.

                                    MAHSOULI Sadeq (a.k.a. MAHSULI Sadeq)

                                    POB: Oroumieh (Iran)
                                    DOB: 1959/1960
                                    Gender: male

                                    Deputy Secretary-General of the Paydari Front (Front of Islamic Stability). Former Advisor to Former President Mahmoud Ahmadinejad, former member of the Expediency Council and former Deputy Chief of the Perseverance Front. Minister of Welfare and Social Security between 2009 and 2011. Minister of the Interior until August 2009. As Minister of the Interior, Mahsouli had authority over all police forces, interior ministry security agents, and plain-clothes agents. The forces under his direction were responsible for attacks on the dormitories of Tehran University on 14 June 2009 and the torture of students in the basement of the Ministry (the notorious basement level 4). Other protestors were severely abused at the Kahrizak Detention Centre, which was operated by police under Mahsouli’s control.

                                    10.10.2011

                                    53.

                                    TALA Hossein (a.k.a. TALA Hosseyn)

                                    POB: Tehran (Iran)
                                    DOB: 1969
                                    Gender: male

                                    Mayor of Eslamshahr. Former Iranian MP. Former Governor-General (“Farmandar”) of Tehran Province until September 2010, he was responsible for the intervention of police forces and therefore for the repression of demonstrations. He received a prize in December 2010 for his role in the post-election repression.

                                    10.10.2011

                                    54.

                                    TAMADDON Morteza (a.k.a. TAMADON Morteza)

                                    POB: Shahr Kord-Isfahan (Iran)
                                    DOB: 1959
                                    Gender: male

                                    Former Head of Tehran provincial Public Security Council. Former IRGC Governor-General of Tehran Province. In his capacity as Governor and Head of Tehran provincial Public Security Council, he bore overall responsibility for all repressive activities undertaken by the IRGC in Tehran Province, including cracking down on political protests since June 2009. Currently board member at Khajeh Nasireddin Tusi University of Technology.

                                    10.10.2011

                                    60.

                                    HOSSEINI Dr Mohammad (a.k.a. HOSSEYNI Dr Seyyed Mohammad; Seyed, Sayyed and Sayyid)

                                    POB: Rafsanjan, Kerman (Iran)
                                    DOB: 23.7.1961
                                    Gender: male

                                    Advisor to Former President Mahmoud Ahmadinejad and spokesperson for YEKTA, a hardline political faction. Minister of Culture and Islamic Guidance (2009-2013). Ex-IRGC, he was complicit in the repression of journalists.

                                    10.10.2011

                                    63.

                                    TAGHIPOUR Reza

                                    POB: Maragheh (Iran)
                                    DOB: 1957
                                    Gender: male

                                    Member of the 11th Iranian parliament (Tehran constituency). Member of the Supreme Cyberspace Council. Former Member of the City Council of Teheran. Former Minister for Information and Communications (2009-2012).
                                    As Minister for Information, he was one of the top officials in charge of censorship and control of internet activities and also all types of communications (in particular mobile phones). During interrogations of political detainees, the interrogators make use of the detainees’ personal data, mail and communications. On several occasions following the 2009 presidential election and during street demonstrations, mobile lines and text messaging were blocked, satellite TV channels were jammed and the internet locally suspended or at least slowed down.

                                    23.3.2012

                                    65.

                                    LARIJANI Sadeq

                                    POB: Najaf (Iraq)
                                    DOB: 1960 or August 1961
                                    Gender: male

                                    Named Head of the Expediency Council on 29 December 2018. Former Head of the Judiciary (2009-2019). The Head of the Judiciary is required to consent to and sign off every qisas (retribution), hodoud (crimes against God) and ta’zirat (crimes against the state) punishment. This includes sentences carrying the death penalty, floggings and amputations. In this regard, he has personally signed off numerous death penalty sentences, contravening international standards, including stoning, executions by suspension strangulation, execution of juveniles, and public executions such as those where prisoners have been hanged from bridges in front of crowds of thousands. Therefore, he has contributed to a high number of executions. He has also permitted corporal punishment sentences such as amputations and the dripping of acid into the eyes of the convicted. Since Sadeq Larijani took office, arbitrary arrests of political prisoners, human rights defenders and minorities have increased markedly. Sadeq Larijani also bears responsibility for systemic failures in the Iranian judicial process with respect to the right to a fair trial.

                                    23.3.2012

                                    66.

                                    MIRHEJAZI Ali

                                    Gender: male

                                    Part of the Supreme Leader’s inner circle, one of those responsible for planning the suppression of protests, which has been implemented since 2009, and associated with those responsible for supressing the protests.
                                    He was also responsible for planning the suppression of public unrest in December 2017/2018 and November 2019.

                                    23.3.2012

                                    67.

                                    SAEEDI Ali

                                    Gender: male

                                    Head of the Supreme Leader’s political ideology bureau. Former representative of the Supreme Leader for the Pasdaran (1995-2020) after spending his whole career within the institution of the military, and specifically in the Pasdaran intelligence service. This official role made him the key figure in the transmission of orders emanating from the Office of the Supreme Leader to the Pasdaran’s repression apparatus.

                                    23.3.2012

                                    69.

                                    MORTAZAVI Seyyed Solat

                                    POB: Farsan, Tchar Mahal-o-Bakhtiari (South) – (Iran)
                                    DOB: 1967
                                    Gender: male

                                    Since 16 September 2019, head of the real estate branch of the Mostazafan Foundation, which is directly run by Supreme Leader Khamenei. Until November 2019, Director of the Tehran branch of the Foundation Astan Qods Razavi. Former mayor of the second largest city of Iran, Mashhad, where public executions regularly happen. Former Deputy Interior Minister for Political Affairs, appointed in 2009. In this capacity, he was responsible for directing repression of persons who spoke up in defence of their legitimate rights, including freedom of expression. Later appointed as Head of the Iranian Election Committee for the parliamentarian elections in 2012 and for the presidential elections in 2013.

                                    23.3.2012

                                    73.

                                    FARHADI Ali

                                    Gender: male

                                    Deputy Head of Inspectorate of Legal Affairs and Public Inspection of the Ministry of Justice of Tehran. Former prosecutor of Karaj. Responsible for grave violations of human rights, including prosecuting trials in which the death penalty was handed down. There were a high number of executions in Karaj region during his time as prosecutor.

                                    23.3.2012

                                    79.

                                    RASHIDI AGHDAM Ali Ashraf

                                    Gender: male

                                    Former head of Evin Prison (2012-2015). During his tenure, conditions in the prison deteriorated and reports referenced intensified ill-treatment of prisoners. In October 2012, nine female prisoners went on hunger strike in protest of the violation of their rights and violent treatment by prison guards.

                                    12.3.2013

                                    82.

                                    SARAFRAZ Mohammad (Dr.) (a.k.a. Haj-agha Sarafraz)

                                    POB: Tehran (Iran)
                                    DOB: circa 1963
                                    Place of residence: Tehran
                                    Gender: male

                                    Former member of the Supreme Cyberspace Council. Former President of the Islamic Republic of Iran Broadcasting (IRIB) (2014-2016). Former Head of IRIB World Service and Press TV, responsible for all programming decisions. Closely associated with the state security apparatus. Under his direction, Press TV, along with IRIB, has worked with the Iranian security services and prosecutors to broadcast forced confessions of detainees, including that of Iranian-Canadian journalist and film-maker Maziar Bahari, in the weekly programme “Iran Today”. Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100 000  for broadcasting Bahari’s confession in 2011, which was filmed in prison whilst Bahari was under duress. Sarafraz is therefore associated with violating the right to due process and fair trial.

                                    12.3.2013

                                    84.

                                    EMADI Hamid Reza (a.k.a. Hamidreza Emadi)

                                    POB: Hamedan (Iran)
                                    DOB: circa 1973
                                    Place of residence: Tehran
                                    Place of work: Press TV HQ, Tehran
                                    Gender: male

                                    Press TV Newsroom Director. Former Press TV Senior Producer.
                                    Responsible for producing and broadcasting the forced confessions of detainees, including journalists, political activists and persons belonging to Kurdish and Arab minorities, violating internationally recognised rights to a fair trial and due process. Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100 000  for broadcasting the forced confession of Iranian-Canadian journalist and film-maker Maziar Bahari in 2011, which was filmed in prison whilst Bahari was under duress. NGOs have reported further instances of forced televised confessions by Press TV. Emadi is therefore associated with violating the right to due process and fair trial.

                                    12.3.2013

                                    86.

                                    MUSAVI-TABAR Seyyed Reza

                                    POB: Jahrom (Iran)
                                    DOB: 1964
                                    Gender: male

                                    Former head of the Revolutionary Prosecution of Shiraz. Responsible for illegal arrests and ill treatment of political activists, journalists, human rights defenders, Baha’is and prisoners of conscience, who were harassed, tortured, interrogated and denied access to lawyers and due process. Musavi-Tabar signed judicial orders in the notorious No 100 Detention Centre (a male prison), including an order to detain female Baha’i prisoner Raha Sabet for three years in solitary confinement.

                                    12.3.2013

                                    87.

                                    KHORAMABADI Abdolsamad

                                    Gender: male

                                    Deputy Director for Judicial Oversight (since 13 October 2018). Former head of the “Commission to Determine the Instances of Criminal Content”, a governmental organisation in charge of online censorship and cyber crime. Under his leadership, the Commission defined “cyber crime” by a number of vague categories that criminalise creation and publication of content deemed inappropriate by the regime. He was responsible for repression and the blocking of numerous opposition sites, electronic newspapers, blogs, sites of human rights NGOs and of Google and Gmail since September 2012. He and the Commission actively contributed to the death in detention of the blogger Sattar Beheshti in November 2012. Thus the Commission he was heading is directly responsible for systemic violations of human rights, in particular by banning and filtering websites to the general public, and occasionally disabling internet access altogether.

                                    12.3.2013’

                              Entities

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘1.

                                    Cyber Police

                                    Location: Tehran (Iran)
                                    Website: http://www.cyberpolice.ir

                                    The Iranian Cyber Police, founded in January 2011, is a unit of the Islamic Republic of Iran Police, headed by Vahid Majid. From the time of its inception until early 2015 it was headed by Esmail Ahmadi-Moqaddam (listed). Ahmadi-Moqaddam underlined that the Cyber Police would take on anti-revolutionary and dissident groups who used internet-based social networks in 2009 to trigger protests against the re-election of President Mahmoud Ahmadinejad. In January 2012, the Cyber Police issued new guidelines for internet cafés, requiring users to provide personal information that would be kept by café owners for six months, as well as a record of the websites they visited. The rules also require café owners to install closed-circuit television cameras and maintain the recordings for six months. These new rules may create a logbook that authorities can use to track down activists or whoever is deemed a threat to national security.
                                    In June 2012, Iranian media reported that the Cyber Police would be launching a crackdown on virtual private networks (VPNs). On 30 October 2012, the Cyber Police arrested the blogger Sattar Beheshti without a warrant for “actions against national security on social networks and Facebook”. Beheshti had criticised the Iranian government in his blog. Beheshti was found dead in his prison cell on 3 November 2012, and is believed to have been tortured to death by the Cyber Police authorities. The Cyber Police is responsible for many arrests of Telegram Group Administrators in connection with the nationwide protests of November 2019.

                                    12.3.2013’


title: Commission Implementing Regulation (EU) 2021/589 of 9 April 2021 amending for the 320th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations

text:
                  13.4.2021

                  EN

                  Official Journal of the European Union

                  L 125/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/589
         of 9 April 2021
         amending for the 320th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
         Whereas:

                     (1)

                     Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

                     (2)

                     On 6 April 2021, the Sanctions Committee of the United Nations Security Council decided to amend one entry in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

                     (3)

                     Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex 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, 9 April 2021.

                  For the Commission,

                  On behalf of the President,

                  Director-General

                  Directorate-General for Financial Stability,

                  Financial Services and Capital Markets Union

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

            ANNEX
            The identifying data for the following entry under the heading ‘Natural persons’ in Annex I to Regulation (EC) No 881/2002 is amended as follows:

               ‘Abu Bakar Ba’asyir (alias (a) Abu Bakar Baasyir, (b) Abu Bakar Bashir, (c) Abdus Samad, (d) Abdus Somad). Date of birth: 17.8.1938. Place of birth: Jombang, East Java, Indonesia. Address: Indonesia (in prison) Nationality: Indonesian.’

            is replaced by the following:

               ‘Abu Bakar Ba’asyir (good quality alias: (a) Abu Bakar Baasyir; (b) Abu Bakar Bashir; (c) Abdus Samad; (d) Abdus Somad). Date of birth: 17.8.1938. Place of birth: Jombang, East Java, Indonesia. Nationality: Indonesian. Address: Indonesia. Date of designation referred to in Article 7d(2)(i): 21.4.2006.’


title: Commission Implementing Regulation (EU) 2021/591 of 12 April 2021 entering a name in the register of protected designations of origin and protected geographical indications (‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO))

text:
                  13.4.2021

                  EN

                  Official Journal of the European Union

                  L 125/42

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/591
         of 12 April 2021
         entering a name in the register of protected designations of origin and protected geographical indications (‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application from Cyprus to register the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ as Protected Designation of Origin (PDO) identifying a product whose geographical area corresponds to the surface of Cyprus, was published in the Official Journal of the European Union (2).

                     (2)

                     The Commission received in total 17 notices of opposition, namely from Dairy Australia (Australia) on 21 October 2015; Consortium for Common Food Names (United States) on 22 October 2015; the United Kingdom of Great Britain and Northern Ireland (United Kingdom) on 23 October 2015; Milk and Oil Products Production and Marketing Cooperative Ltd. (Cyprus) on 26 October 2015; Hayvan Ureticileri ve Yetistiricileri Birligi (Cyprus) on 26 October 2015; Fatma GARANTI (Cyprus) on 26 October 2015; Sut Imalatcilari Birligi (SUIB) (Cyprus) on 26 October 2015; Cyprus Turkish Chamber of Industry (Cyprus) on 26 October 2015; Turkish Cypriot Chamber of Commerce (Cyprus), on 26 October 2015; Navimar Food Gida Imalati ve Gida (Turkey) on 26 October 2015; D.M Gida Maddeleri Pazarlama Sanayi ve Ticaret Ltd. Sti (Turkey) on 26 October 2015; Avunduk Ithalat Ihracat Gida ve Zirai Aletler Sanayi Ticaret Ltd. (Turkey) on 26 October 2015; U.T.CO Trading Company – W.L.L. – (Kuwait) on 27 October 2015; Dairy Companies Association of New Zealand (DCANZ) and New Zealand Specialist Cheesemakers Association (New Zealand) on 27 October 2015; Dr Nutrition (United Arab Emirates) on 27 October 2015; FFF Fine Foods Pty Ltd (Australia) on 28 October 2015 and Finland on 3 November 2015.

                     (3)

                     The Commission forwarded these notices of opposition to Cyprus, with the exception of the notice of opposition of Finland and the notices from the six natural or legal persons resident or established in Cyprus. The notice of opposition sent by Finland was lodged with the Commission after the expiration of the deadline set out in Article 51(1) of Regulation (EU) No 1151/2012. In accordance with that Article, natural or legal persons established or resident in the Member State from which the application was submitted are excluded from the opposition procedure as they already had the opportunity to participate in the national opposition procedure. In this specific case, the oppositions from the six natural or legal persons established or resident in Cyprus had been dismissed in the context of the national opposition procedure following an examination of the merits of the submitted grounds for opposition. Accordingly, neither the notices of opposition nor the subsequent reasoned statements of opposition from the six natural or legal persons established or resident in Cyprus are deemed admissible.

                     (4)

                     Nine reasoned statements of opposition were subsequently received by the Commission, namely from Dairy Companies Association of New Zealand (DCANZ) and New Zealand Specialist Cheesemakers Association (New Zealand) on 15 December 2015; Dairy Australia (Australia) on 17 December 2015; the United Kingdom on 21 December 2015; Consortium for Common Food Names (United States) on 21 December 2015; Navimar Food Gida Imalati ve Gida (Turkey) on 21 December 2015; D.M Gida Maddeleri Pazarlama Sanayi ve Ticaret Ltd. Sti (Turkey) on 21 December 2015; Avunduk Ithalat Ihracat Gida ve Zirai Aletler Sanayi Ticaret Ltd. (Turkey) on 21 December 2015; U.T.CO Trading Company – W.L.L. – (Kuwait) on 21 December 2015 and FFF Fine Foods Pty Ltd (Australia) on 24 December 2015. The notice of opposition lodged by Dr Nutrition (United Arab Emirates) was not followed by a reasoned statement of opposition, therefore the opposition thereof is deemed to have been withdrawn.

                     (5)

                     After examining these reasoned statements of opposition and finding them admissible, the Commission invited all the interested parties, in accordance with Article 51(3) of Regulation (EU) No 1151/2012, to engage in appropriate consultations in view of reaching an agreement.

                     (6)

                     Consultations were carried out between Cyprus and the nine admissible opponents within a period of 3 months. The deadline for the consultations between Cyprus and the United Kingdom was extended by one additional month at the request of Cyprus.

                     (7)

                     No agreement was reached within the designated timeframe in any of those nine opposition procedures. The information concerning the consultations carried out between Cyprus and the opponents was duly provided to the Commission. Therefore, the Commission should decide on registration taking into account the results of these consultations in accordance with the procedure referred to in Article 52(3)(b) of Regulation (EU) No 1151/2012.

                     (8)

                     The arguments of the opponents as set out in their reasoned statements of opposition and in the consultations carried out can be summarised as follows.

                     (9)

                     The product specification indicates that the conditions for registration as a PDO are satisfied because the product concerned is made with sheep and goat’s milk which comes from local breeds – the Chios sheep and the Damascus goat – and their crosses that have adapted to the island’s climate. However, the Chios sheep and the Damascus goat were introduced in Cyprus in the 1950s and 1930s, respectively; additionally, there is no evidence of specific morphology or genetic or productive characteristics of such Cypriot sheep. The existence of a Cypriot type of Chios sheep is accordingly to be challenged. The relatively recent introduction of sheep and goats whose milk is reputed having a major role in determining the unique characteristics of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ would also be a reason to rebut the claimed antiquity (16th century) of the related tradition.

                     (10)

                     Animal feed is cited as a relevant factor in the application. However, the application does not specify how the feeding and grazing is uniquely connected with the Cyprus plants, taking into consideration that the geographical area of grazing encompasses the entire island. No evidence is given of the availability of these plants throughout the year and all over Cyprus. No evidence is given of the difference in the feeding among animals that are grazing all year round, animals of semi intensive farming and those of intensive farming. Further, no evidence is given that the cheese production level would be maintained while reducing the cow’s milk share in the raw materials. There would be insufficient evidence that the feed has a consistent impact on the quality or characteristics of the cheese produced.

                     (11)

                     As regards the human factor, even if Cyprus dairies may have established a specific ‘Χαλλούμι’ (Halloumi)/‘Hellim’ know-how, this does not confirm the existence of the required link between the characteristics of the product and the Cyprus geographical environment for the purposes of PDO registration, as such know-how and production methods may be replicated virtually everywhere.

                     (12)

                     The application does not indicate that ‘Χαλλούμι’ (Halloumi)/‘Hellim’ is the product of ‘authentic and unvarying local methods’ as this name has been applied to a diversity of cheeses made with methods and raw materials that have varied over time and which continue to evolve.

                     (13)

                     The product specification is alien to the product actually marketed: the majority of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ produced in Cyprus is made using varying proportions and types of milk, with a predominance of cow’s milk. There are indications that 95 % of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ produced in Cyprus would currently have an 80-95 % cow’s milk content.

                     (14)

                     The product specification fails to respect the traditions of the whole of the geographical area indicated. The product specification concerns a traditional product made throughout the island of Cyprus, yet the application fails to include specific traditional characteristics of the cheese made by the producers of the Turkish Cypriot community. Thus, the product specification does not identify a product as actually marketed throughout the island. In particular, use of mint should be optional and raw milk should be allowed.

                     (15)

                     Several statements included in the product specification are not supported by scientific evidence, such as the claim that ovine and caprine milk is important for the taste of the cheese; the differentiation in morphology of the Cypriot type of Chios sheep; the fact that the low molecular weight of free fatty acids affects the taste, smell and aroma of the cheese; the fact that the endemic plants that are mentioned as feed for animals contain essential oils; whether terpene is present in the Sarcopoterium spinosum and in which quantity, how terpenes is transferred from ingestion of the Sarcopoterium spinosum to the milk and subsequently to the halloumi, the presence of Lactobacillus cypricasei in fresh ovine Halloumi and the impact of fresh or dry mint on the sensory characteristics.

                     (16)

                     The product specification designates the Ministry of Agriculture, Rural Development and the Environment of the Republic of Cyprus as the sole competent authority for controls on compliance with the product specification in respect of the entire delimited geographical area. However, as that Ministry does not exercise effective control throughout the production area set out in the specification, a valid system for the verification of compliance with the product specification is not ensured.

                     (17)

                     The product specification does not refer to any delegated control body. Such failure is not remedied by the non-legally binding Common understanding on a temporary solution for ‘Halloumi’/‘Hellim’, to be implemented pending the reunification of Cyprus (‘the Common Understanding’), reached under the guidance of the President of the Commission on 16 July 2015, that refers to the appointment of the internationally accredited body Bureau Veritas in accordance with Article 39 of Regulation (EU) No 1151/2012 (which has in substance been replaced by Articles 28 and 29 of Regulation (EU) 2017/625 of the European Parliament and of the Council (3) on official controls) as the body in charge of the control tasks provided for by the former Regulation.

                     (18)

                     ‘Halloumi’/‘Hellim’ is produced in Bulgaria, Germany and Greece. Outside the Union, it is produced in Australia, Canada, the Gulf Cooperation Council countries, several Middle Eastern countries (Iraq, Lebanon, Syria), New Zealand, Turkey and the United Kingdom. Entries and results in prestigious cheese contests confirm the well-established production of ‘Halloumi’/‘Hellim’ in locations outside Cyprus. In the United Kingdom, for instance, the name ‘Halloumi’ is claimed to have been used for cheese produced since the 1980s, with an estimate of about 300 tons per year. In addition, such products produced outside Cyprus and bearing the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ are marketed in a large number of Member States and third countries.

                     (19)

                     A range of registered trade marks include the term ‘Halloumi’ in Czechia, Germany, Greece, Australia, New Zealand and the United Kingdom. Trade marks referring to ‘Hellim’ also exist in Germany, Sweden and Turkey. Hence, the proposed PDO would conflict with existing names, trade marks and products and is accordingly liable to jeopardise them in case of registration. In particular, the said presence in the Union market of specific trade marks including the name ‘Halloumi’ should prevent the Commission from registering such name since Article 6(4) of Regulation (EU) No 1151/2012 provides that a name is not to be registered where, in the light of a trade mark’s reputation and renown and the length of time it has been used, that registration would be liable to mislead the consumer as to the true identity of the product.

                     (20)

                     ‘Halloumi’/‘Hellim’ is produced and marketed both inside and outside the Union. Standards for the production of ‘Halloumi’/‘Hellim’ have been issued in Bahrain, Qatar and Saudi Arabia. The use of this name in the Union beyond the boundaries of Cyprus is well established. The fact that the name ‘Halloumi’/‘Hellim’ is commonly used on cheese products which are not of Cypriot origin is a relevant piece of evidence which tends to show that it has become a generic term.

                     (21)

                     In addition, ‘Χαλλούμι’ (Halloumi)/‘Hellim’ standards issued by Cyprus did not refer to any particular sheep, goat or cattle breeds or cross-breeds. Consumers consider ‘Halloumi’/‘Hellim’ as a type of product. The Canada Federal Court and the Office for Harmonization in the Internal Market (OHIM) (now the European Union Intellectual Property Office) are of the view that ‘Halloumi’/‘Hellim’ is a generic type of cheese (4).

                     (22)

                     Consumers in the Union and in third countries, such as Australia and New Zealand, associate ‘Halloumi’/‘Hellim’ with a cheese type that has a high melting point, allowing it to be grilled or fried, a rubbery ‘squeaky’ texture, and a salty taste. These taste, textural and functional properties of ‘Halloumi’/‘Hellim’ are what make it unique for consumers, irrespective of the origin of the cheese, which is not relevant.

                     (23)

                     The Commission has assessed the arguments exposed in the reasoned statements of opposition in the light of Regulation (EU) No 1151/2012, taking into account the results of the consultations carried out between the applicant and the opponents, and it has concluded that the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ should be registered. The Commission considers in particular the following.

                     (24)

                     Regarding the morphology of eligible sheep and goat, it stems from the information contained in the single document that the Chios sheep and the Damascus goat, introduced in the 1950s and 1930s respectively, have acquired morphological and production characteristics that diverged from those of the populations of origin, following a long-standing national breeding programme. There are incidentally numerous commercial references available on the internet as to international trade ongoing for decades of ‘Cyprus Chios sheep’ and ‘Cyprus Damascus goat’, from Cyprus to 20 countries, referring to the international reputation gained by Cyprus in its successful selective breeding thereof.

                     (25)

                     Thus, the development of unique sheep and goat breeds used in production of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ as well as the development of the cheese itself does not negate the existence of origins of the product in the 16th century. In accordance with Article 5 of Regulation (EU) No 1151/2012, a ‘designation of origin’ is a name which identifies a product: (a) originating in a specific place, region or, in exceptional cases, a country; (b) whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and (c) the production steps of which all take place in the defined geographical area. Therefore, to be registered as a PDO, it is sufficient that the name complies with those requirements. The production conditions of a given cheese may legitimately evolve gradually over time and are not required to remain unaltered for centuries.

                     (26)

                     Regarding the impact and availability of the feed, the single document indicates, inter alia, that the ‘local Cypriot vegetation consumed by the animals either fresh or dried, has a crucial effect on the quality of the milk and consequently the specific characteristics of the cheese (Papademas, 2000). The presence of the bacillus Lactobacillus cypricasei (lactobacillus from Cypriot cheese), which has been isolated only from Cypriot Halloumi, testifies to the link between the island’s microflora and the product (Lawson et al., 2001)’. Scientific surveys have been cited to demonstrate the link between the animal feed and the quality of the cheese made with the milk of the animals concerned. It has been shown, for example, that volatile compounds were detected in milk, originating from the plants used to feed the animals (Papademas et al. 2002). Moreover, based on other surveys, (Palmquist et al. 1993), the ratio of fat in milk, which is a crucial factor that affects the organoleptic characteristics of the cheese, depends on the diet of the animals. Based on another survey (Bugaud et al. 2001), the terpene content of milk is directly linked to the terpene content of the feed obtained by grazing.

                     (27)

                     Moreover, the grazing of plants which are endemic of Cyprus, such as thyme and Sarcopoterium spinosum, and the ingestion of these plants, lead to the presence of related aromatic characteristics in the final product.

                     (28)

                     Further, there are no provisions in Regulation (EU) No 1151/2012 requiring that the delimited area should offer an absolute homogeneity, nor that a PDO should refer to fully standardised and absolutely uniform products. Therefore, the opponents’ claims that local plants having an impact on product specificities are not available all over Cyprus are not relevant.

                     (29)

                     The product specification of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ has not been altered as compared with the related legislative standard adopted by Cyprus in 1985. Therefore, a potential scarcity of raw material available for the production of this cheese would not per se render the prescriptions on milk percentage or feedstuffs included in the product specification unattainable. In addition, Regulation (EU) No 1151/2012 does not require quantitative production thresholds. Notwithstanding the above, a transitional period has been granted by Cyprus to the operators not able to meet the product specification requirements, in order for them to fully align their production to the requirements in that respect, allowing them, under stringent conditions, to provisionally use a lower amount of sheep and goat’s milk.

                     (30)

                     Regarding the human factors and know-how related to the production of this cheese, there are numerous references showing that it has been produced in Cyprus since 1554. The single document indicates in that respect that ‘Χαλλούμι’ (Halloumi)/‘Hellim’ is considered traditional to Cyprus, since it has played a very important role in the life and diet of the island’s inhabitants, both Greek Cypriots and Turkish Cypriots. Knowledge of the production process has been handed down from one generation to the next. Both its characteristic folded shape and its specific property of not melting at high temperatures are due to this traditional production process that has been passed down through the generations.

                     (31)

                     Given worldwide migration of Cypriot citizens over centuries, the specific methods used to produce this cheese might have been copied elsewhere, yet the production of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ is still inseparably and uniquely linked to the culinary culture of Cyprus.

                     (32)

                     The human factor cannot be considered as an isolated element. Human and natural factors are meant to interact, thus determining the specific final result.

                     (33)

                     Furthermore, Article 7(1)(e) of Regulation (EU) No 1151/2012 does not require that the name to be registered refer to a product elaborated through centuries in an unvarying method. It merely requires the product specification to include the methods, if any, to obtain that specific product which are different from the standard methods used to obtain that kind of product. Therefore, the eligibility of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ may not be challenged on the ground that the production methods have not remained absolutely immutable.

                     (34)

                     Other allegations in opponents’ claims relate to the discrepancy between the product described in the product specification and the one actually produced as regards the respective proportion of sheep, goat’s and cow’s milk and certain specific characteristics of the production methods followed by some producers of the Turkish Cypriot community that do not use mint or pasteurised milk.

                     (35)

                     However, firstly, such allegations have not been accompanied by any solid evidence. Secondly, the requirements concerning the addition of mint, the use of pasteurised milk and the respective proportion of sheep, goat’s and cow’s milk are already included in the relevant Cyprus standard adopted in 1985. Therefore, any product not conforming to such standard could not be legally marketed as ‘Χαλλούμι’ (Halloumi)/‘Hellim’ within Cyprus, independently of the fact that it may be marketed in the territory of third countries where this cheese would not be currently protected. Furthermore, an exhaustive national opposition procedure over several years has been carried out at national level on the current application, and natural or legal persons disagreeing with the legally required production standards have had the opportunity to raise fully their related claims in front of the administrative and judicial authorities of Cyprus. In that framework, as indicated, a transitional period has been granted to these operators.

                     (36)

                     As regards the alleged lack of scientific evidence in respect of various parameters and characteristics included in the product specification, requesting overly detailed information is unreasonable, excessively burdensome and irrelevant. Regulation (EU) No 1151/2012 does not require such a detailed technical and scientific description of each parameter or characteristic of the product for which the PDO concerned is to be used.

                     (37)

                     The Commission has assessed the Cypriot application and it has not identified any manifest error therein. The opponents did not submit sufficiently reasoned evidence showing that the Cypriot application is inherently flawed. They essentially invoke insufficient scientific grounds for the application. The facts, statements, reasoning and references submitted by Cyprus are deemed sufficiently convincing to justify the registration of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ as PDO under Regulation (EU) No 1151/2012.

                     (38)

                     The product specification of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ contains numerous elements qualifying the name as Protected Designation of Origin under Article 5(1) of Regulation (EU) No 1151/2012: the Mediterranean climate, characterised by hot/dry summers and mild/wet winters; the terrain, as mountains on the island receive a relatively high amount of rainfall, and affect the hydrology and environment of the lower lying areas; that, owing to its geological structure, climate, geographical position and surrounding sea, Cyprus has one of the richest floras in the Mediterranean, despite its small size; the local breeds of fat-tailed sheep and of the local Machaira and Pissouri goats, as well as other breeds which are well-adapted to the local climate; the local practice of cooking the product at a high temperature for a specific length of time without melting, so producing high levels of certain basic chemical compounds that help determine the taste of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ (mainly lactones and methyl ketones); the typical folding of the curds, as part of the production process, which sets ‘Χαλλούμι’ (Halloumi)/‘Hellim’ apart from all other cheeses; and the addition of Cypriot mint, which gives the final product its characteristic aroma.

                     (39)

                     Pursuant to the division of powers between the Commission and the Member States concerning the registration procedure of geographical indications under Regulation (EU) No 1151/2012, the Commission should verify that a given application is not tainted with manifest errors, while competent national authorities, including, if applicable, national courts, are best placed to assess the technicalities of a given application before the application for registration is submitted to the Commission.

                     (40)

                     Pending the reunification of Cyprus, Article 1(1) of Protocol No 10 on Cyprus to the 2003 Act of Accession suspends the application of the acquis in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control. Consequently, the Cypriot Government may not be held liable for any consequences of not supervising the application of Union law in those areas. Pursuant to Article 3 of that Protocol, nothing is to preclude measures with a view to promoting the economic development of those areas. Such measures are not to affect the application of the acquis under the conditions set out in the Accession Treaty in any other part of the Republic of Cyprus. A bi-communal working group may be constituted in relation to ‘Χαλλούμι’ (Halloumi)/‘Hellim’ since experience has shown such groups play an important role.

                     (41)

                     Within this framework, considering that the natural and human factors related to the production of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ are objectively, traditionally and historically common to the entire island of Cyprus, the whole island of Cyprus should be included when delimiting the eligible geographical area of this cheese.

                     (42)

                     Accordingly, in order to allow the registration to cover the entire eligible geographical area of production of this cheese, and bearing in mind the requirement of Article 46(2) of Regulation (EU) No 1151/2012, operators willing to adhere to the specification of this cheese should be able to do so without facing obstacles to participation that would prove discriminatory or otherwise not objectively founded. An effective and lasting control mechanism, in accordance with Articles 35 to 40 of that Regulation, ensuring compliance by operators with the product specification throughout the eligible geographical area should therefore be laid down. Bearing in mind that the acquis is suspended in the areas in which the Government of the Republic of Cyprus does not exercise effective control, a workable arrangement should be exceptionally and temporarily established pending the reunification of Cyprus, in order to guarantee that controls may be efficiently performed throughout the island, as the lack thereof would constitute grounds for cancellation in accordance with Article 54 of Regulation (EU) No 1151/2012.

                     (43)

                     Article 37(1)(b) of Regulation (EU) No 1151/2012 provides that in respect of protected designations of origin verification of compliance with the product specification, before placing the product on the market, may be carried out by delegated bodies as defined in Article 3(5) of Regulation (EU) 2017/625. Delegated bodies are separate legal persons to which certain official control tasks have been delegated. Within that framework and in line with the Common Understanding, as well as due to the exceptional situation in the areas of the Republic of Cyprus where the application of the acquis is suspended, it is appropriate that the internationally accredited body Bureau Veritas is appointed as the body in charge of the control tasks provided for by Regulation (EU) No 1151/2012 in respect of the ‘Χαλλούμι’ (Halloumi)/‘Hellim’ specification throughout Cyprus. Registration of ‘Χαλλούμι’ (Halloumi)/‘Hellim’, as envisaged by the Common Understanding, is conditional upon those control tasks being delegated to Bureau Veritas in accordance with Articles 28 and 29 of Regulation (EU) 2017/625. Indeed, Bureau Veritas has acquired a significant and long-standing expertise in checking PDOs, and is able to ensure the establishment of an effective, objective and impartial overall mechanism for the performance of the official controls related to the verification of compliance with the product specification of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ throughout Cyprus at farm, feed mill, milk collection, transportation and cheese factory level. Thus, all producers throughout the island would be subject to a common control mechanism that ensures full compliance with the product specification of ‘Χαλλούμι’ (Halloumi)/‘Hellim’. Should it be deemed appropriate, Bureau Veritas should be authorised to liaise with the Turkish Cypriot Chamber of Commerce. Should Bureau Veritas report instances of non-compliance and should the producers concerned fail to remedy the said instances of non-compliance, they should ultimately be deprived of the right to use the name.

                     (44)

                     Due to the exceptional situation in the areas of the Republic of Cyprus where the application of the acquis is suspended, the delegation to Bureau Veritas should provide that its reports be sent to the competent authorities of the Republic of Cyprus and to the Commission. The Turkish Cypriot Chamber of Commerce will receive information when deemed appropriate.

                     (45)

                     Intellectual property rights are governed by the principle of territoriality. As a consequence, the registration of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ as a PDO within the Union is solely subject to the situation prevailing there. The possible production or marketing in third countries of a cheese bearing that name has no relevance in that connection. Likewise, the possible existence of regulatory production standards for this cheese outside the Union is of no relevance.

                     (46)

                     It should further be pointed out that, in accordance with Article 2(3) of Regulation (EU) No 1151/2012, the placing on the market of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ within the Union is conditional on the compliance with other specific Union provisions of relevance, including the fulfilment of sanitary provisions applicable at Union level.

                     (47)

                     No solid evidence has been provided in the opposition procedure as regards imports of such cheese from third countries into the Union. As a consequence, there are no grounds for a transitional period under Article 15(1) of Regulation (EU) No 1151/2012 to be granted to specific producers in third countries.

                     (48)

                     It is undisputed that Cyprus is by far the largest producer and exporter of this cheese worldwide, with a production of more than 19 500 tons per year, amounting to 24,4 kg per capita. These figures do not include the production in the areas of the Republic of Cyprus where the Government of the Republic of Cyprus does not exercise effective control.

                     (49)

                     ‘Halloumi’ was registered as a trade mark in 2000 with the OHIM in respect of the cheese made in Cyprus pursuant to the relevant Cyprus standard adopted in 1985, thus in accordance with the ‘Χαλλούμι’ (Halloumi)/‘Hellim’ specification. A single opposition to such registration was lodged before the OHIM, yet subsequently withdrawn. Therefore, the Cypriot identity of such cheese was not challenged at that time. The General Court has also considered, notably in joined Cases T-292/14 and T-293/14 (5), that ‘HALLOUMI’ and ‘ΧΑΛΛΟΥMI’ refer to a speciality cheese from Cyprus. In Case T-535/10 (6), the General Court held that the Greek term ‘Halloumi’ is to be translated in the Turkish language as ‘Hellim’, thus both referring to the same special Cypriot cheese. In respect of other trade marks registered in the Union, should they conflict with the ‘Χαλλούμι’ (Halloumi)/‘Hellim’ designation, the provisions of Article 14 of Regulation (EU) No 1151/2012 would apply. By contrast, no elements have been adduced by the opponents that would lead to the non-protection of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ due to the reputation or renown of a prior registered trade mark.

                     (50)

                     The United Kingdom was a Member State of the European Union when it lodged the opposition but it is no longer part of it.

                     (51)

                     According to the reasoned statement of opposition submitted by the United Kingdom its domestic production amounted to around 300 tons per year, amounting to 0,00461 kg per capita, while the United Kingdom imports roughly 6 500 tons of this cheese from Cyprus per year.

                     (52)

                     According to this reasoned statement, the registration of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ as a protected designation of origin under Regulation (EU) No 1151/2012 would therefore prevent the use of the name ‘Halloumi’/‘Hellim’ for cheese products produced in the United Kingdom.

                     (53)

                     However, with the exception of Northern Ireland, this Regulation does not apply to the territory of the United Kingdom as the protection of the name would not extend thereto. As regards in particular Northern Ireland, on which territory the protection of the name will apply, in the light of the information included in the reasoned statement of opposition submitted by the United Kingdom to the Commission and of the factual and legal context concerning the use of the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’, there are no valid grounds for operators to continue to use the name ‘Halloumi’/‘Hellim’ for cheese products produced in the United Kingdom.

                     (54)

                     Regarding the alleged generic nature of ‘Χαλλούμι’ (Halloumi)/‘Hellim’, it should be stated that the perception of this term outside the European Union and the possible existence of related regulatory production standards or judicial decisions adopted in third countries are not deemed relevant to the present decision.

                     (55)

                     Contrary to the claims of the opponents, ‘Χαλλούμι’ (Halloumi)/‘Hellim’, has not become a type of cheese produced all over Europe whose name has become generic. The production of this cheese outside Cyprus is negligible, while the product is known and consumed in most of the Union territory. No national or Union acts have established the generic nature of the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’. No claims for the generic nature of the name have been made in the framework of the opposition procedure conducted at Union level, with the exception of the opposition from the United Kingdom.

                     (56)

                     Likewise, the consumption of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ within the Union territory concerns in the vast majority of cases a cheese produced in Cyprus.

                     (57)

                     The Cypriot authorities have further convincingly demonstrated that Union consumers do not consider ‘Halloumi’ or ‘Hellim’ as a mere type of cheese, disconnected from a specific geographical origin. Evidence from stakeholders in the food industry, export activity of Cypriot companies for over 100 years, numerous articles in the media, cheese promotion/advertising activities show beyond any doubt the intrinsic Cypriot identity of this cheese since centuries. Equally, prestigious encyclopaedias and dictionaries from various countries and in different languages do confirm such standing and exclusive correlation between this cheese and the Cyprus terroir.

                     (58)

                     Incidentally, a number of labels of ‘Halloumi’/‘Hellim’ produced outside Cyprus refer directly or indirectly to Cyprus, by suggesting that the cheese follows the Cypriot traditional recipe or tradition or is inspired by that recipe or tradition, or by using imagery or textual representations linking it to Cyprus culture. Such correlation made with Cyprus, albeit in respect of a non-Cypriot cheese, is thus suggested and sought deliberately as part of a sales strategy that capitalises on the reputation of the original product, hence creating a genuine risk of consumer confusion.

                     (59)

                     The statement of the OHIM concerning the allegedly generic nature of the name ‘Halloumi’ made in various decisions of the Board of appeal, and in particular in the Decision 20 September 2010 then annulled by the General Court (7), is merely an obiter dictum. That statement stands in contrast with the judgment of the General Court in Case T-535/10, that outlines the Cypriot identity of the cheese named ‘Halloumi’ or ‘Hellim’, and does not address the generic nature of the name within the meaning of Article 41 of Regulation (EU) No 1151/2012. Furthermore, that statement was made before the submission of the application to register the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ as a PDO.

                     (60)

                     By letter of 9 July 2014, Cyprus communicated to the Commission that a transitional period of 10 years as from the date of submission of the application to the Commission had been granted, by decision No 326/2014 of the Ministry of Agriculture, Rural Development and the Environment of the Republic of Cyprus of 9 July 2014, to operators established in the geographical area that fulfil the conditions of Article 15(4) of Regulation (EU) No 1151/2012.

                     (61)

                     In order to allow adequate time, taking into account also the additional constraints imposed by the pandemic of COVID-19, for the body in charge of the control tasks to put in place and implement its control plan allowing all operators in the geographical area willing to adhere to the rules of the scheme to be covered by the applicable verification system, the application of this Regulation should be deferred to 1 October 2021.

                     (62)

                     The name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ should therefore be entered in the register of protected designations of origin and protected geographical indications.

                     (63)

                     The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO) is registered.
            The name referred to in the first paragraph identifies a product from Class 1.3. Cheeses set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (8).

            Article 2
            The protection of the name ‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO) shall be subject to the 10 years transitional period granted by Cyprus, by decision No 326/2014 of the Ministry of Agriculture, Rural Development and the Environment of the Republic of Cyprus of 9 July 2014, to operators established in the geographical area that fulfil the conditions of Article 15(4) of Regulation (EU) No 1151/2012.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 October 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 April 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 343, 14.12.2012, p. 1.

            (2)  OJ C 246, 28.7.2015, p. 9.

            (3)  Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

            (4)  Decision in Opposition No B2152604, Decision in Opposition No B2318585, Decision in Opposition No B2190257, Decision in Opposition No B2191396, Decision in Opposition No B002124637.

            (5)  Judgment of the General Court (Fourth Chamber) of 7 October 2015 in joined Cases T-292/14 and T-293/14 Republic of Cyprus v Office for Harmonisation in the Internal Market (Trade Marks and Designs).

            (6)  Judgment of the General Court (Eighth Chamber) of 13 June 2012 in Case T-535/10 Organismos Kypriakis Galaktokomikis Viomichanias v Office for Harmonisation in the Internal Market (Trade Marks and Designs).

            (7)  Decision of the fourth board of appeal of OHMI of 20 September 2010 (Case R 1497/2009-4), annulled by the judgment of the General Court (Eighth Chamber) of 13 June 2012 in Case T-535/10.

            (8)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).