title: Commission Implementing Regulation (EU) 2015/1390 of 13 August 2015 amending for the 233rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               14.8.2015

               EN

               Official Journal of the European Union

               L 215/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1390
   of 13 August 2015
   amending for the 233rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   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 Al-Qaida network, (1) and in particular Article 7(1)(a) and (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)

               From 22 May 2015 to 15 June 2015, by way of four decisions taken on 22 May 2015, 15 June 2015, 26 June 2015 and 10 July 2015 respectively, the Sanctions Committee of the United Nations Security Council (UNSC) decided to amend six entries on the list of natural persons to whom the freezing of funds and economic resources should apply and five entities on that list. On 6 August 2015, the Sanctions Committee decided to add one entity to the list.

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.

               (4)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately.

         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, 13 August 2015.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instrument

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entries shall be amended under the heading ‘Natural persons’:

                              (a)

                              The entry ‘Aiman Muhammed Rabi Al-Zawahiri (alias (a) Ayman Al-Zawahari, (b) Ahmed Fuad Salim, (c) Al Zawahry Aiman Mohamed Rabi Abdel Muaz, (d) Al Zawahiri Ayman, (e) Abdul Qader Abdul Aziz Abdul Moez Al Doctor, (f) Al Zawahry Aiman Mohamed Rabi, (g) Al Zawahry Aiman Mohamed Rabie, (h) Al Zawahry Aiman Mohamed Robi, (i) Dhawahri Ayman, (j) Eddaouahiri Ayman, (k) Nur Al Deen Abu Mohammed, (l) Ayman Al Zawahari, (m) Ahman Fuad Salim, (n) Abu Fatma, (o) Abu Mohammed). Title: (a) Doctor, (b) Dr. Date of birth: 19.6.1951. Place of birth: Giza, Egypt. Nationality: Egyptian. Passport No: (a) 1084010 (Egyptian passport), (b) 19820215. Other information: (a) Former operational and military leader of Egyptian Islamic Jihad, now a close associate of Usama Bin Laden, (b) Believed to be in the Afghanistan/Pakistan border area. Date of designation referred to in Article 2a (4) (b): 25.1.2001.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Aiman Muhammed Rabi Al-Zawahiri (alias (a) Ayman Al-Zawahari, (b) Ahmed Fuad Salim, (c) Al Zawahry Aiman Mohamed Rabi Abdel Muaz, (d) Al Zawahiri Ayman, (e) Abdul Qader Abdul Aziz Abdul Moez Al Doctor, (f) Al Zawahry Aiman Mohamed Rabi, (g) Al Zawahry Aiman Mohamed Rabie, (h) Al Zawahry Aiman Mohamed Robi, (i) Dhawahri Ayman, (j) Eddaouahiri Ayman, (k) Nur Al Deen Abu Mohammed, (l) Ayman Al Zawahari, (m) Ahman Fuad Salim, (n) Abu Fatma, (o) Abu Mohammed). Title: (a) Doctor, (b) Dr. Date of birth: 19.6.1951. Place of birth: Giza, Egypt. Nationality: Egyptian. Passport No: (a) 1084010 (Egyptian passport), (b) 19820215. Other information: (a) Leader of Al-Qaida, (b) Former operational and military leader of Egyptian Islamic Jihad, was a close associate of Usama Bin Laden (deceased), (c) Believed to be in the Afghanistan/Pakistan border area. Date of designation referred to in Article 2a (4) (b): 25.1.2001.’

                              (b)

                              The entry ‘Yasser Mohamed Ismail Abu Shaweesh (alias Yasser Mohamed Abou Shaweesh). Address: Germany. Date of birth: 20.11.1973. Place of birth: Benghazi, Libya. Nationality: Stateless Palestinian. Passport No: (a) 939254 (Egyptian travel document), (b) 0003213 (Egyptian passport), (c) 981358 (Egyptian passport), (d) C00071659 (passport substitute issued by the Federal Republic of Germany). Other information: (a) In prison in Germany; (b) His brother is Ismail Mohamed Ismail Abu Shaweesh. Date of designation referred to in Article 2a (4) (b): 6.12.2005.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Yasser Mohamed Ismail Abu Shaweesh (alias Yasser Mohamed Abou Shaweesh). Address: Germany (in prison). Date of birth: 20.11.1973. Place of birth: Benghazi, Libyan Arab Jamahiriya. Nationality: Stateless Palestinian. Passport No: (a) 939254 (Egyptian travel document), (b) 0003213 (Egyptian passport), (c) 981358 (Egyptian passport), (d) C00071659 (passport substitute issued by the Federal Republic of Germany). Other information: (a) Sentenced to 5 years and 6 months imprisonment in Germany on 6 Dec. 2007. Date of designation referred to in Article 2a (4) (b): 6.12.2005.’

                              (c)

                              The entry ‘Nasir 'Abd-Al-Karim 'Abdullah Al-Wahishi (alias (a) Nasir al-Wahishi, (b) Abu Basir Nasir al-Wahishi, (c) Naser Abdel Karim al-Wahishi, (d) Nasir Abd al-Karim al-Wuhayshi, (e) Abu Basir Nasir Al-Wuhayshi, (f) Nasser Abdul- karim Abdullah al-Wouhichi, (g) Abu Baseer al-Wehaishi, (h) Abu Basir Nasser al-Wuhishi, (i) Abdul Kareem Abdullah Al-Woohaishi, (j) Nasser Abdelkarim Saleh Al Wahichi, (k) Abu Basir, (l) Abu Bashir). Date of birth: (a) 1.10.1976, (b) 8.10.1396 (Hijri Calendar). Place of birth: Yemen. Nationality: Yemeni. Passport No: 40483 (Yemeni passport number issued on 5.1.1997). Other information: Was in prison in Yemen between 2003 and 2006. Date of designation referred to in Article 2a (4) (b): 19.1.2010.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Nasir 'Abd-Al-Karim 'Abdullah Al-Wahishi (alias (a) Nasir al-Wahishi, (b) Abu Basir Nasir al-Wahishi, (c) Naser Abdel Karim al-Wahishi, (d) Nasir Abd al-Karim al-Wuhayshi, (e) Abu Basir Nasir Al-Wuhayshi, (f) Nasser Abdul- karim Abdullah al-Wouhichi, (g) Abu Baseer al-Wehaishi, (h) Abu Basir Nasser al-Wuhishi, (i) Abdul Kareem Abdullah Al-Woohaishi, (j) Nasser Abdelkarim Saleh Al Wahichi, (k) Abu Basir, (l) Abu Bashir). Date of birth: (a) 1.10.1976, (b) 8.10.1396 (Hijri Calendar). Place of birth: Yemen. Nationality: Yemeni. Passport No: 40483 (Yemeni passport number issued on 5.1.1997). Other information: (a) Since 2007, leader of Al-Qaida in Yemen (AQY). (b) Since Jan. 2009, leader of Al-Qaida in the Arabian Peninsula operating in Yemen and Saudi Arabia (c) Associated with senior Al-Qaida leadership (d) claims he was secretary to Usama Bin Laden (deceased) prior to 2003. (e) Arrested in Iran and extradited to Yemen in 2003, where he escaped from prison in 2006 and remains fugitive as at Jan. 2010. Date of designation referred to in Article 2a (4) (b): 19.1.2010.’

                              (d)

                              The entry ‘Ibrahim Hassan Tali Al-Asiri (alias (a) Ibrahim Hassan Tali Asiri, (b) Ibrahim Hasan Talea Aseeri, (c) Ibrahim Hassan al-Asiri, (d) Ibrahim Hasan Tali Asiri, (e) Ibrahim Hassan Tali Assiri, (f) Ibrahim Hasan Tali'A 'Asiri, (g) Ibrahim Hasan Tali al-'Asiri, (h) Ibrahim al-'Asiri, (i) Ibrahim Hassan Al Asiri, (j) Abu Saleh, (k) Abosslah, (l) Abu-Salaah). Address: Yemen. Date of birth: (a) 19.4.1982, (b) 18.4.1982, (c) 24.6.1402 (Hijri Calendar). Place of birth: Riyadh, Saudi Arabia. Nationality: Saudi Arabian. Passport No: F654645 (Saudi Arabian passport number, issued on 30.4.2005, expired on 7.3.2010, issue date in Hijri Calendar 24.06.1426, expiry date in Hijri Calendar 21.03.1431). National identification No: 1028745097 (Saudi Arabian civil identification number). Other information: (a) Operative and principal bomb maker of Al-Qaida in the Arabian Peninsula; (b) Believed to be hiding in Yemen as at March 2011; (c) Wanted by Saudi Arabia; (d) INTERPOL Orange Notice (file #2009/52/OS/CCC, #81) has been issued for him; (e) Associated with Nasir 'abd-al-Karim 'Abdullah Al-Wahishi, Said Ali al-Shihri, Qasim Yahya Mahdi al-Rimi and Anwar Nasser Abdulla Al-Aulaqi. Date of designation referred to in Article 2a (4) (b): 24.3.2011.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Ibrahim Hassan Tali Al-Asiri (alias (a) Ibrahim Hassan Tali Asiri, (b) Ibrahim Hasan Talea Aseeri, (c) Ibrahim Hassan al-Asiri, (d) Ibrahim Hasan Tali Asiri, (e) Ibrahim Hassan Tali Assiri, (f) Ibrahim Hasan Tali'A 'Asiri, (g) Ibrahim Hasan Tali al-'Asiri, (h) Ibrahim al-'Asiri, (i) Ibrahim Hassan Al Asiri, (j) Abu Saleh, (k) Abosslah, (l) Abu-Salaah). Address: Yemen. Date of birth: (a) 19.4.1982, (b) 18.4.1982, (c) 24.6.1402 (Hijri Calendar). Place of birth: Riyadh, Saudi Arabia. Nationality: Saudi Arabian. Passport No: F654645 (Saudi Arabian passport number, issued on 30.4.2005, expired on 7.3.2010, issue date in Hijri Calendar 24.06.1426, expiry date in Hijri Calendar 21.03.1431). National identification No: 1028745097 (Saudi Arabian civil identification number). Other information: (a) Operative and principal bomb maker of Al-Qaida in the Arabian Peninsula; (b) Believed to be hiding in Yemen as at March 2011; (c) Wanted by Saudi Arabia; (d) Also associated with Nasir 'abd-al-Karim 'Abdullah Al-Wahishi, Qasim Yahya Mahdi al-Rimi and Anwar Nasser Abdulla Al-Aulaqi. Date of designation referred to in Article 2a(4)(b): 24.3.2011.’

                              (e)

                              The entry ‘Adil Muhammad Mahmud Abd Al-Khaliq (alias (a) Adel Mohamed Mahmoud Abdul Khaliq; (b) Adel Mohamed Mahmood Abdul Khaled). Date of birth: 2.3.1984. Place of birth: Bahrain. Nationality: Bahraini. Passport No: 1632207 (Bahraini). Date of designation referred to in Article 2a (4) (b): 10.10.2008.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Adil Muhammad Mahmud Abd Al-Khaliq (alias (a) Adel Mohamed Mahmoud Abdul Khaliq; (b) Adel Mohamed Mahmood Abdul Khaled). Date of birth: 2.3.1984. Place of birth: Bahrain. Nationality: Bahraini. Passport No: 1632207 (Bahraini). Other Information: (a) Has acted on behalf of and provided financial, material and logistical support to Al-Qaida and the Libyan Islamic Fighting Group (LIFG); (b) Arrested in the United Arab Emirates (UAE) in Jan. 2007 on charges of being a member of Al-Qaida and the LIFG; (c) Following his conviction in the UAE in late 2007, he was transferred to Bahrain in early 2008 to serve out the remainder of his sentence; (d) Following his release in 2008, he resumed fundraising activities for Al-Qaida, at least through 2012; (e) He also collected money for the Taliban. Date of designation referred to in Article 2a (4) (b): 10.10.2008.’

                              (f)

                              The entry ‘Ibrahim Ali Abu Bakr Tantoush (alias (a) Abd al-Muhsin, (b) Ibrahim Ali Muhammad Abu Bakr, (c) Abdul Rahman, (d) Abu Anas, (e) Ibrahim Abubaker Tantouche, (f) Ibrahim Abubaker Tantoush, (g) Abd al-Muhsi, (h) Abd al- Rahman, (i) Al-Libi). Address: Johannesburg, South Africa. Date of birth: 1966. Place of birth: al Aziziyya, Libya. Nationality: Libyan. Passport No: 203037 (Libyan passport issued in Tripoli). Other information: (a) Associated with Afghan Support Committee (ASC), Revival of Islamic Heritage Society (RIHS) and the Libyan Islamic Fighting Group (LIFG). Date of designation referred to in Article 2a (4) (b): 11.1.2002.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Ibrahim Ali Abu Bakr Tantoush (alias (a) Abd al-Muhsin, (b) Ibrahim Ali Muhammad Abu Bakr, (c) Abdul Rahman, (d) Abu Anas, (e) Ibrahim Abubaker Tantouche, (f) Ibrahim Abubaker Tantoush, (g) Abd al-Muhsi, (h) Abd al- Rahman, (i) Abdel Ilah Sabri (false identity related to fraudulent South African identification number 6910275240086 linked to South African passport number 434021161, both documents have been confiscated)). Address: Tripoli, Libya (as at Feb. 2014). Date of birth: 2.2.1966. Place of birth: al Aziziyya, Libya. Nationality: Libyan. Passport No: (a) Libyan passport number 203037, issued in Tripoli, Libya (b) Libyan passport number 347834, issued under name Ibrahim Ali Tantoush, expired on 21 Feb. 2014). Other information: (a) Associated with Afghan Support Committee (ASC), Revival of Islamic Heritage Society (RIHS) and the Libyan Islamic Fighting Group (LIFG) Photograph and fingerprints available for inclusion in the INTERPOL-UNSC Special Notice. Date of designation referred to in Article 2a (4) (b): 11.1.2002.’

                              (g)

                              The entry ‘Zulkifli Abdul Hir (alias (a) Musa Abdul Hir, (b) Muslimin Abdulmotalib, (c) Salim Alombra, (d) Armand Escalante, (e) Normina Hashim, (f) Henri Lawi, (g) Hendri Lawi, (h) Norhana Mohamad, (i) Omar Salem, (j) Ahmad Shobirin, (k) Bin Abdul Hir Zulkifli, (l) Abdulhir Bin Hir, (m) Hassan, (n) Hogalu, (o) Hugalu, (p) Lagu, (q) Marwan). Address: Seksyen 17, Shah Alam, Selangor, Malaysia. Date of birth: (a) 5.1.1966, (b) 5.10.1966. Place of birth: Muar Johor, Malaysia. Nationality: Malaysian. Passport No: A 11263265. National identification No: 660105-01-5297 Other Information: (a) Mother's name is Minah Binto Aogist Abd Aziz, (b) Driver license number D2161572 issued in California, USA. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Zulkifli Abdul Hir (alias (a) Musa Abdul Hir, (b) Muslimin Abdulmotalib, (c) Salim Alombra, (d) Armand Escalante, (e) Normina Hashim, (f) Henri Lawi, (g) Hendri Lawi, (h) Norhana Mohamad, (i) Omar Salem, (j) Ahmad Shobirin, (k) Bin Abdul Hir Zulkifli, (l) Abdulhir Bin Hir, (m) Hassan, (n) Hogalu, (o) Hugalu, (p) Lagu, (q) Marwan (prominently known as)). Address: (a) Seksyen 17, Shah Alam, Selangor, Malaysia (previous location), (b) Maguindanao, the Philippines (as at Jan. 2015). Date of birth: (a) 5.1.1966, (b) 5.10.1966. Place of birth: Muar Johor, Malaysia. Nationality: Malaysian. Passport No: (a) A 11263265, (b) National identification No: 660105-01-5297, (c) Driver license D2161572, issued in California, USA. Other Information: (a) The Court for the Northern District of California, USA, issued a warrant of arrest for him on 1 Aug. 2007. (b) Confirmed to have died in Maguindanao, Philippines in January 2015. (c) Mother's name is Minah Binto Aogist Abd Aziz. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’

                  (2)

                  The following entries shall be amended under the heading ‘Legal persons, groups and entities’:

                              (a)

                              The entry ‘Revival of Islamic Heritage Society (alias (a) Jamiat Ihia Al-Turath Al-Islamiya, (b) Revival of Islamic Society Heritage on the African Continent, (c) Jamia Ihya Ul Turath, (d) RIHS). Address: (a) Pakistan; (b) Afghanistan. Other information: (a) Only the Pakistan and Afghanistan offices of this entity are designated; (b) Associated with Abu Bakr al-Jaziri and Afghan Support Committee (ASC). Date of designation referred to in Article 2a (4) (b): 11.1.2002.’ under the heading ‘Legal persons, groups and entities’ shall be replaced by the following:
                              ‘Revival of Islamic Heritage Society (alias (a) Revival of Islamic Society Heritage on the African Continent, (b) Jamia Ihya ul Turath, (c) RIHS, (d) Jamiat Ihia Al-Turath Al-Islamiya, (e) Al-Furqan Foundation Welfare Trust, (f) Al-Furqan Welfare Foundation Address: (a) Pakistan, (b) Afghanistan. Other information: (a) Only the Pakistan and Afghanistan offices of this entity are designated, (b) Associated with Abu Bakr al-Jaziri and Afghan Support Committee (ASC). Date of designation referred to in Article 2a (4) (b): 11.1.2002.’

                              (b)

                              The entry ‘Al-Haramain Islamic Foundation (Somalia). Address: Somalia. Other information: The founder and former leader is Aqeel Abdulaziz Aqeel al-Aqeel. Date of designation referred to in Article 2a (4) (b): 13.3.2002.’ under the heading ‘Legal persons, groups and entities’ shall be replaced by the following:
                              ‘Al-Haramain Islamic Foundation (Somalia). Address: Somalia. Date of designation referred to in Article 2a (4) (b): 13.3.2002.’

                              (c)

                              The entry ‘Al-Qaida in the Arabian Peninsula (alias (a) AQAP, (b) Al-Qaida of Jihad Organization in the Arabian Peninsula, (c) Tanzim Qa'idat al-Jihad fi Jazirat al-Arab, (d) Al-Qaida Organization in the Arabian Peninsula, (e) Al-Qaida in the South Arabian Peninsula, (f) Ansar al-Shari'a, (g) AAS, (h) Al-Qaida in Yemen, (i) AQY). Other information: Location: Yemen or Saudi-Arabia. Ansar al-Shari'a was formed in early 2011 by AQAP. Date of designation referred to in Article 2a (4) (b): 19.1.2010.’ under the heading ‘Legal persons, groups and entities’ shall be replaced by the following:
                              ‘Al-Qaida in the Arabian Peninsula (alias (a) AQAP, (b) Al-Qaida of Jihad Organization in the Arabian Peninsula, (c) Tanzim Qa'idat al-Jihad fi Jazirat al-Arab, (d) Al-Qaida Organization in the Arabian Peninsula, (e) Al-Qaida in the South Arabian Peninsula, (f) Ansar al-Shari'a, (g) AAS, (h) Al-Qaida in Yemen, (i) AQY). Other information: (a) Location: Yemen or Saudi-Arabia (2004 — 2006). (b) Formed in Jan. 2009 when Al-Qaida in Yemen combined with Saudi Arabian Al-Qaida operatives, (c) Leader of AQAP is Nasir 'abd-al-Karim 'Abdullah Al-Wahishi, (d) Ansar al-Shari'a was formed in early 2011 by AQAP and has taken responsibility for multiple attacks in Yemen against both government and civilian targets. Date of designation referred to in Article 2a (4) (b): 19.1.2010.’

                              (d)

                              The entry ‘Tehrik-e Taliban Pakistan (TTP) (alias (a) Tehrik-I-Taliban Pakistan, (b) Tehrik-e-Taliban, (c) Pakistani Taliban, (d) Tehreek-e-Taliban). Other information: (a) Tehrik-e Taliban is based in the tribal areas along the Afghanistan/ Pakistan border; (b) Formed in 2007, its leader is Hakimullah Mehsud; (c) Wali Ur Rehman is the Emir of TTP for South Waziristan. Date of designation referred to in Article 2a (4) (b): 29.7.2011.’ under the heading ‘Legal persons, groups and entities’ shall be replaced by the following:
                              ‘Tehrik-e Taliban Pakistan (TTP) (alias (a) Tehrik-I-Taliban Pakistan, (b) Tehrik-e-Taliban, (c) Pakistani Taliban, (d) Tehreek-e-Taliban). Other information: (a) Tehrik-e Taliban is based in the tribal areas along the Afghanistan/ Pakistan border; (b) Formed in 2007, its leader is Maulana Fazlullah. Date of designation referred to in Article 2a (4) (b): 29.7.2011.’

                  (3)

                  The following entry shall be added under the heading ‘Legal persons, groups and entities’:

                              (a)

                                 ‘The Army Of Emigrants And Supporters (alias: (a) Battalion of Emigrants and Supporters (b) Army of Emigrants and Supporters organization (c) Battalion of Emigrants and Ansar d) Jaysh al-Muhajirin wal-Ansar (JAMWA); Address: Jabal Turkuman area, Lattakia Governorate, Syrian Arab Republic; Other information: Established by foreign terrorist fighters in 2013. Location: Syrian Arab Republic. Affiliated with Islamic State in Iraq and the Levant, listed as Al-Qaida in Iraq and Al-Nusrah Front for the People of the Levant; Date of designation referred to in Article 2a (4) (b): 6.8.2015’.


title: Commission Implementing Regulation (EU) 2016/312 of 4 March 2016 correcting Regulation (EU) No 37/2010 as regards the substance ‘tylvalosin’ (Text with EEA relevance)

text:
               5.3.2016

               EN

               Official Journal of the European Union

               L 60/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/312
   of 4 March 2016
   correcting Regulation (EU) No 37/2010 as regards the substance ‘tylvalosin’
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               The Commission has been made aware of the fact that in the Annex to Commission Regulation (EU) No 37/2010 (2), as amended by Commission Implementing Regulation (EU) 2015/1492 (3), as regards the substance ‘tylvalosin’, the marker residue ‘tylvalosin’ was erroneously indicated as marker residue for porcine species.

               (2)

               The Annex to Regulation (EU) No 37/2010 should be corrected to indicate that the marker residue for porcine species and for skin and fat and liver of poultry species is ‘Sum of Tylvalosin and 3-O-acetyltylosin’ and that the marker residue ‘tylvalosin’ applies only to eggs of poultry species.

               (3)

               This Regulation should apply retroactively from the date of application of Implementing Regulation (EU) 2015/1492 because the marker residue for porcine species was indicated erroneously and should therefore be corrected. It should therefore enter into force as a matter of urgency.

               (4)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Table 1 of the Annex to Regulation (EU) No 37/2010, the entry for the substance ‘tylvalosin’ is replaced by the following:

                  ‘Tylvalosin

                  Sum of tylvalosin and 3-O-acetyltylosin

                  Porcine

                  50 μg/kg

                  Muscle

                  NO ENTRY

                  Anti-infectious agents/Antibiotics’

                  50 μg/kg

                  Skin and fat

                  50 μg/kg

                  Liver

                  50 μg/kg

                  Kidney

                  Poultry

                  50 μg/kg

                  Skin and fat

                  50 μg/kg

                  Liver

                  Tylvalosin

                  Poultry

                  200 μg/kg

                  Eggs

   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 3 November 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 March 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

      (3)  Commission Implementing Regulation (EU) 2015/1492 of 3 September 2015 amending Regulation (EU) No 37/2010 as regards the substance ‘tylvalosin’ (OJ L 231, 4.9.2015, p. 10).


title: Commission Implementing Regulation (EU) 2017/308 of 21 February 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               22.2.2017

               EN

               Official Journal of the European Union

               L 44/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/308
   of 21 February 2017
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day 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, 21 February 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  75,4

                  MA

                  114,7

                  TN

                  194,0

                  TR

                  102,8

                  ZZ

                  121,7

                  0707 00 05

                  MA

                  79,2

                  TR

                  181,8

                  ZZ

                  130,5

                  0709 91 00

                  EG

                  113,1

                  ZZ

                  113,1

                  0709 93 10

                  MA

                  53,7

                  TR

                  176,0

                  ZZ

                  114,9

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  45,1

                  IL

                  75,0

                  MA

                  44,6

                  TN

                  50,4

                  TR

                  68,8

                  ZA

                  196,8

                  ZZ

                  80,1

                  0805 21 10 , 0805 21 90 , 0805 29 00

                  EG

                  88,5

                  IL

                  124,0

                  JM

                  101,3

                  MA

                  92,8

                  TR

                  82,8

                  ZZ

                  97,9

                  0805 22 00

                  IL

                  112,1

                  MA

                  101,0

                  ZZ

                  106,6

                  0805 50 10

                  EG

                  82,4

                  TR

                  76,5

                  ZZ

                  79,5

                  0808 10 80

                  CN

                  128,2

                  US

                  115,7

                  ZZ

                  122,0

                  0808 30 90

                  CL

                  156,1

                  CN

                  95,4

                  ZA

                  126,8

                  ZZ

                  126,1

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) 2016/1773 of 5 October 2016 fixing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2017 under the quotas referred to in Regulation (EC) No 1187/2009

text:
               6.10.2016

               EN

               Official Journal of the European Union

               L 271/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1773
   of 5 October 2016
   fixing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2017 under the quotas referred to in Regulation (EC) No 1187/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
   Whereas:

               (1)

               Chapter III, Section 2 of Commission Regulation (EC) No 1187/2009 (2) opens the procedure for the allocation of export licences for cheese to be exported to the United States of America under the quotas referred to in Article 21 of that Regulation.

               (2)

               The quantities covered by the export licence applications for certain product groups and quotas exceed the quantities available for the 2017 quota year. The extent to which the export licences may be issued should therefore be determined by fixing the allocation coefficients to be applied to the quantities requested, calculated in accordance with Article 23(1) of Regulation (EC) No 1187/2009.

               (3)

               The quantities covered by the export licence applications for certain product groups and quotas are less than the quantities available for the 2017 quota year. The remaining amounts should be divided between the applicants, in proportion to the amounts applied for, by applying an allocation coefficient, in accordance with Article 23(4) of Regulation (EC) No 1187/2009.

               (4)

               Given the deadline established in Article 23(1) of Regulation (EC) No 1187/2009 for fixing allocation coefficients, this Regulation should come into force the day following that of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities covered by export licence applications lodged pursuant to Regulation (EC) No 1187/2009 in respect of the product groups and quotas identified by ‘16-Tokyo and 16-, 17-, 18-, 20-, 21-Uruguay’ in column 3 of the Annex to this Regulation shall be multiplied by the allocation coefficients set out in column 5 of that Annex.
   Article 2
   Applications for export licences lodged pursuant to Regulation (EC) No 1187/2009 in respect of the product groups and quotas identified by ‘22-, 25-Tokyo and 22-, 25-Uruguay’ in column 3 of the Annex to this Regulation shall be accepted for the quantities applied for.
   Export licences may be issued for further quantities distributed amongst applicants in accordance with the allocation coefficients set out in column 6 of the Annex, after acceptance by the operator within one week of publication of this Regulation and subject to the lodging of the requisite security.
   Article 3
   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, 5 October 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).

      ANNEX

                  Identification of group in accordance with Additional Notes in Chapter 4 of the Harmonised Tariff Schedule of the United States

                  Identification of group and quota

                  Quantity available for 2017
                  (in kg)

                  Allocation coefficient provided for in Article 1

                  Allocation coefficient provided for in Article 2

                  Note No

                  Group

                  (1)

                  (2)

                  (3)

                  (4)

                  (5)

                  (6)

                  16

                  Not specifically provided for (NSPF)

                  16-Tokyo

                  908 877

                  0,1321233

                  16-Uruguay

                  3 446 000

                  0,0828365

                  17

                  Blue Mould

                  17- Uruguay

                  350 000

                  0,0752688

                  18

                  Cheddar

                  18- Uruguay

                  1 050 000

                  0,1252684

                  20

                  Edam/Gouda

                  20- Uruguay

                  1 100 000

                  0,1030155

                  21

                  Italian type

                  21- Uruguay

                  2 025 000

                  0,0692071

                  22

                  Swiss or Emmentaler cheese other than with eye formation

                  22-Tokyo

                  393 006

                  15,1156153

                  22-Uruguay

                  380 000

                  4,4705882

                  25

                  Swiss or Emmentaler cheese with eye formation

                  25-Tokyo

                  4 003 172

                  1,0264543

                  25-Uruguay

                  2 420 000

                  1,6982456


title: Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012 laying down common detailed rules for the application of the system of securities for agricultural products

text:
               30.3.2012

               EN

               Official Journal of the European Union

               L 92/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 282/2012
   of 28 March 2012
   laying down common detailed rules for the application of the system of securities for agricultural products
   (codification)
   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 Article 43(a), (d), (f) and (j), Article 47(2), Article 134, Article 143(b), Article 148, Article 161(3), Article 171 and Article 172(2),
   Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (2), and in particular Articles 37 and 38 thereof,
   Having regard to Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (3), and in particular Article 4(4), Article 6(4), Article 7(3), and Article 11(4) thereof,
   Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (4), and in particular Article 25 thereof,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (5), and in particular Article 142(c) thereof,
   Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (6), and in particular Article 9 thereof,
   Whereas:

               (1)

               Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (7) has been substantially amended several times (8). In the interests of clarity and rationality the said Regulation should be codified.

               (2)

               Numerous provisions in agricultural regulations of the Union require that a security be given to ensure payment of a sum due if an obligation is not met. However, experience has shown that this requirement is in practice interpreted in widely differing fashions. Therefore, in order to avoid unequal competitive conditions, the requirement should be defined.

               (3)

               In particular, the form of the security should be defined.

               (4)

               Many provisions in agricultural regulations of the Union provide that the security given is forfeited if any obligation secured is breached, without making any distinction between breaches of fundamental and of secondary or subordinate obligations. In the interests of equity a distinction should be drawn between the consequences of breaching a fundamental obligation and the consequences of breaching a secondary or subordinate one. In particular, provision should be made, where permissible, for forfeiture of only a part of the security where the fundamental obligation is in fact met but the deadline set for meeting it has been slightly exceeded, or when a secondary or subordinate obligation is not met.

               (5)

               No distinction between the consequences of failure to meet an obligation should be made based on whether or not an advance payment has been received. Accordingly, securities given against advances should be covered by separate rules.

               (6)

               The costs of lodging a security, incurred by both the party giving the security and the competent authority, may be out of proportion to the sum whose payment the security guarantees if that sum is below a certain limit. Competent authorities should therefore have the right to waive the requirement of a security for payment of a sum below that limit. Further, a competent authority should be empowered to waive the requirement of a security where the nature of the person required to meet the obligations makes that requirement unnecessary.

               (7)

               A competent authority should have the right to refuse a security offered where it considers it to be unsatisfactory.

               (8)

               A time limit for furnishing the evidence needed for the release of a sum secured should be laid down where no such time limit is laid down elsewhere.

               (9)

               In connection with the exchange rate to be used for converting a sum secured expressed in euro into national currency, the operative event referred to in Article 3 of Regulation (EC) No 2799/98, should be defined in accordance with Commission Regulation (EC) No 1913/2006 (9).

               (10)

               The procedure to be followed once a security is forfeited should be laid down.

               (11)

               The Commission should be enabled to monitor the implementation of the provisions on securities.

               (12)

               This Regulation lays down the rules to apply generally, unless specific Union legislation lays down different rules.

               (13)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets and were submitted for information to the other competent committees,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      SCOPE AND DEFINITIONS

   Article 1
   This Regulation lays down the rules governing securities to be provided, either under the following regulations or under any regulations adopted pursuant to those regulations, unless other rules are laid down by those regulations:

               (a)

               regulations laying down the common organisation of markets in certain agricultural products:

                           —

                           Regulation (EC) No 104/2000 (fishery and aquaculture products),

                           —

                           Regulation (EC) No 1234/2007 (Single CMO Regulation);

               (b)

               Regulation (EC) No 73/2009 (direct support schemes);

               (c)

               Regulation (EC) No 1216/2009 (trade arrangements applicable to certain goods resulting from the processing of agricultural products).

         Article 2
   This Regulation shall apply in all cases where the regulations referred to in Article 1 provide for a security as defined in Article 3, whether or not the particular term ‘security’ is used.
   This Regulation shall not apply to securities given to ensure payment of import and export duties referred to in Council Regulation (EEC) No 2913/92 (10).
   Article 3
   For the purposes of this Regulation, the following definitions shall apply:

               (a)

               ‘security’ means the assurance that a sum of money will be paid or forfeited to a competent authority if a particular obligation is not met;

               (b)

               ‘block security’ means a security made available to the competent authority with the purpose of ensuring that more than one obligation is met;

               (c)

               ‘obligation’ means a requirement or set of requirements, imposed by a regulation, to perform or to refrain from performing an act;

               (d)

               ‘competent authority’ means either a party authorised to accept a security or a party authorised to decide in accordance with the relevant regulation if a security is to be released or forfeited.

         CHAPTER II

      REQUIREMENT OF A SECURITY

   Article 4
   A security shall be given by or on behalf of the party responsible for paying the sum of money due if an obligation is not met.
   Article 5
   1.   The competent authority may waive the requirement of a security where the value of the sum secured is less than EUR 500.
   2.   Where use is made of the facility in paragraph 1, the party concerned shall undertake in writing to pay a sum equal to that which he would have been required to pay had he given a security and that security has subsequently been forfeited in part or entirely.
   Article 6
   The competent authority may waive the requirement of a security where the party responsible for meeting the obligation is either:

               (a)

               a public body responsible for executing the duties of a public authority; or

               (b)

               a private body executing duties referred to in point (a) under State supervision.

         CHAPTER III

      FORM OF SECURITIES

   Article 7
   1.   A security may be given by:

               (a)

               making a cash deposit as referred to in Articles 12 and 13; and/or

               (b)

               providing a guarantor as defined in Article 15(1).

         2.   At the discretion of the competent authority, a security may be given by:

               (a)

               providing a mortgage; and/or

               (b)

               pledging cash deposits in a bank; and/or

               (c)

               pledging recognised claims against a public body or public funds, which are due and payable and against which no other claim has precedence; and/or

               (d)

               pledging securities negotiable in the Member State concerned provided they are issued or guaranteed by that Member State; and/or

               (e)

               pledging bonds, issued by mortgage credit associations, listed on a public stock exchange and for sale on the open market, provided that their credit rating ranks equal with that of government bonds.

         3.   The competent authority may impose additional terms for accepting securities of the type listed in paragraph 2.
   Article 8
   The competent authority shall refuse to accept or shall require the replacement of any security which it considers inadequate or unsatisfactory or which does not provide cover for a sufficient period.
   Article 9
   1.   Assets mortgaged in accordance with Article 7(2)(a) or securities or bonds pledged in accordance with Article 7(2)(d) and (e) shall, at the time the security is given, have a disposable value of at least 115 % of the value of the security required.
   A competent authority may accept a security of the type listed in Article 7(2)(a), (d) or (e) only if the party offering it undertakes, in writing, either to give an additional security or to replace the original security should the disposable value of the assets, securities or bonds in question have been for a period of three months below 105 % of the value of the security required. This written undertaking shall not be necessary where national law already so provides. The competent authority shall regularly review the value of such assets, securities or bonds.
   2.   The disposable value of a security as referred to in Article 7(2)(a), (d) and (e) shall be assessed by the competent authority, taking, into account any costs of disposal.
   The disposable value of securities or bonds shall be assessed using the last available quotation.
   The party giving the security shall, at the request of the competent authority, provide proof of its disposable value.
   Article 10
   1.   Any security may be replaced by another.
   However, the agreement of the competent authority shall be required in the following cases:

               (a)

               where the original security has been forfeited but not yet realised; or

               (b)

               where the replacement security is of a type listed in Article 7(2).

         2.   A block security may be replaced by another block security on condition that the new block security covers at least that part of the original block security assigned at the time of replacement to ensure fulfilment of one or more obligations still outstanding.
   Article 11
   1.   Securities as referred to in Article 1 shall be constituted in euro.
   2.   Notwithstanding paragraph 1, where the security is accepted in a Member State outside the euro area, in national currency, the amount of the security in euro shall be converted into that currency in accordance with Article 10 of Regulation (EC) No 1913/2006. The undertaking corresponding to the security and any amount withheld in the event of irregularities or breaches shall remain fixed in euro.
   Article 12
   Where cash is deposited by transfer it shall not be regarded as establishing a security until the competent authority is satisfied that it has the amount at its disposal.
   Article 13
   1.   A cheque for a sum whose payment is guaranteed by a financial institution recognised for the purpose by the Member State of the competent authority concerned shall be treated as a cash deposit. The competent authority need not present such a cheque for payment until the period for which it is guaranteed is about to expire.
   2.   A cheque, other than as referred to in paragraph 1, shall constitute a security only when the competent authority is satisfied that it has the amount at its disposal.
   3.   Any charges by a financial institution shall be borne by the party giving the security.
   Article 14
   No interest shall be paid to the party giving a security in the form of a cash deposit.
   Article 15
   1.   The guarantor shall have his normal residence or an establishment in the Union and, subject to the provisions of the Treaty concerning freedom to supply services, be approved by the competent authority of the Member State in which the security is given. The guarantor shall be bound by a written guarantee.
   2.   The written guarantee shall state at least:

               (a)

               the obligation or, in the case of a block security, the type(s) of obligation against whose fulfilment it guarantees the payment of a sum of money;

               (b)

               the maximum liability to pay that the guarantor accepts;

               (c)

               that the guarantor undertakes jointly and severally with the party responsible for meeting the obligation to pay, within 30 days of demand by the competent authority, any sum, within the limit of the guarantee, due once a security is declared forfeit.

         3.   The competent authority may accept a written telecommunication sent by the guarantor as constituting a written guarantee. If the competent authority does so accept, it shall take whatever steps are required to satisfy itself that the telecommunication is genuine.
   4.   Where a written block guarantee has already been given, the competent authority shall determine the procedure to be followed by which all or part of the block guarantee shall be allocated to a particular obligation.
   Article 16
   As soon as part of a block security is assigned to a particular obligation, the balance of the block security remaining shall be noted.
   CHAPTER IV

      ADVANCE PAYMENTS

   Article 17
   The provisions of this Chapter shall apply in all cases where specific Union rules provide that a sum may be advanced before the obligation has been met.
   Article 18
   1.   The security shall be released when:

               (a)

               final entitlement to the sum granted as advance has been established; or

               (b)

               the sum granted, plus any addition provided for in the specific Union rules, has been repaid.

         2.   Once the deadline for showing final entitlement to the sum granted has passed without production of evidence of entitlement, the competent authority shall immediately follow the procedure in Article 28.
   The deadline may be postponed in a case of force majeure.
   However, where Union legislation so provides, evidence may still be produced after that date against partial repayment of the security.
   3.   If the force majeure provisions in Union legislation permit repayment of the advance alone, the following further conditions shall apply:

               (a)

               the circumstances claimed as force majeure shall be notified to the competent authority not later than 30 days after the day on which information was received by the party concerned that circumstances indicating a possible case of force majeure had arisen; and

               (b)

               the party concerned shall repay the sum advanced or the relevant part of it within 30 days from the date on which the competent authority issues a request for repayment.

         If the conditions laid down in points (a) and (b) are not respected, the terms of repayment shall be the same as if circumstances of force majeure had not occurred.
   CHAPTER V

      RELEASE AND FORFEITURE OF SECURITIES OTHER THAN THOSE REFERRED TO IN CHAPTER IV

   Article 19
   1.   An obligation may include primary, secondary or subordinate requirements.
   2.   A primary requirement is a requirement, basic to the purposes of the regulation imposing it, to perform, or to refrain from performing, an act.
   3.   A secondary requirement is a requirement to respect the time limit for fulfilling a primary requirement.
   4.   A subordinate requirement is any other requirement imposed by a regulation.
   5.   This Chapter shall not apply where the specific Union rules have not defined the primary requirements.
   6.   For the purposes of this Chapter ‘the relevant part of the sum secured’ means the part of the sum secured corresponding to the quantity for which a requirement has been breached.
   Article 20
   Once the evidence laid down by the specific Union rules has been furnished that all primary, secondary and subordinate requirements have been fulfilled, the security shall be released.
   Article 21
   1.   A security shall be forfeit in full for the quantity for which a primary requirement is not fulfilled, unless force majeure prevented fulfilment.
   2.   A primary requirement shall be considered to have been breached if the relevant evidence is not produced within the time limit set for the production of that evidence unless force majeure prevented production of such evidence within that time limit. The procedure in Article 28 for recovering the sum forfeited shall immediately be followed.
   3.   Where evidence that all primary requirements have been met is produced within 18 months of the deadline in paragraph 2, 85 % of the sum forfeited shall be repaid.
   Where evidence that all primary requirements have been met is produced within 18 months of that deadline in circumstances where the relevant secondary requirement has not been met, the sum to be repaid shall be the sum that would have been repayable under Article 22(2), less 15 % of the relevant part of the sum secured.
   4.   No repayment shall be made where evidence that all primary requirements have been respected is produced after the 18 months period referred to in paragraph 3 has expired unless force majeure prevented production of this evidence within that period.
   Article 22
   1.   If the evidence laid down by the specific Union rules is produced within the specified period that all primary requirements have been met, in circumstances where a secondary requirement has been breached, a partial release of the security shall be made and the rest of the sum secured forfeited. The procedure in Article 28 for recovering the sum forfeited shall be followed.
   2.   The proportion of the security released shall be: the security covering the relevant part of the sum secured less 15 %, and

               (a)

               10 % of the sum remaining after deduction of the 15 % for each day by which:

                           (i)

                           a maximum period of 40 days or less has been exceeded;

                           (ii)

                           a minimum period of 40 days or less has not been respected;

               (b)

               5 % of the sum remaining after deduction of the 15 % for each day by which:

                           (i)

                           a maximum period of between 41 and 80 days has been exceeded;

                           (ii)

                           a minimum period of between 41 and 80 days has not been respected;

               (c)

               2 % of the sum remaining after deduction of the 15 % for each day by which:

                           (i)

                           a maximum period of 81 days or more has been exceeded;

                           (ii)

                           a minimum period of 81 days or more has not been respected.

         3.   This Article shall not apply to periods for either applying for, or using, import and export licences and advance fixing certificates, or to periods relating to the fixing of import and export levies and export refunds by tender.
   Article 23
   1.   Failure to fulfil one or more subordinate requirements shall lead to forfeiture of 15 % of the relevant part of the sum secured unless force majeure prevented fulfilment.
   2.   The procedure laid down in Article 28 for recovery of the sum forfeited shall immediately be put into effect.
   3.   This Article shall not apply in circumstances where Article 21(3) applies.
   Article 24
   If evidence is produced that all primary requirements have been observed but both a secondary and a subordinate requirement have been breached, Articles 22 and 23 shall apply and the total sum to be forfeit shall be the sum forfeit in accordance with Article 22 plus 15 % of the relevant part of the sum secured.
   Article 25
   The total sum forfeited shall not exceed 100 % of the relevant part of the sum secured.
   CHAPTER VI

      GENERAL PROVISIONS

   Article 26
   1.   A security shall on request be released in part where the relevant evidence has been furnished in relation to part of a quantity of product, provided that that part is not less than any minimum quantity specified in the regulation requiring the security.
   Where the specific Union rules do not specify a minimum quantity, the competent authority may itself restrict the number of partial releases of any one security, and may specify a minimum sum for any such release.
   2.   Before releasing all or part of a security the competent authority may require that a written request for release be furnished.
   3.   In the case of securities covering, in accordance with Article 9(1), more than 100 % of the sum required to be secured, that part of the security exceeding 100 % shall be released when the remainder of the sum secured is finally released or forfeited.
   Article 27
   1.   Where no period is laid down for producing the evidence needed to release a sum secured, such period shall be:

               (a)

               12 months from the time limit specified for respecting all primary requirements; or

               (b)

               where no such time limit as referred to in point (a) is specified, 12 months from the date by which all primary requirements have been met.

         2.   The period laid down in paragraph 1 shall not exceed three years from the time the security was assigned to a particular obligation, except in cases of force majeure.
   Article 28
   1.   Once the competent authority is aware of circumstances giving rise to forfeiture of the security, in whole or in part, it shall without delay demand the party required to meet the obligation to pay the sum forfeited, allowing up to 30 days from the day of receipt of demand for payment.
   Where payment has not been made at the end of this period, the competent authority shall:

               (a)

               without delay clear any security of the type described in Article 7(1)(a) to the appropriate account;

               (b)

               without delay require the guarantor described in Article 7(1)(b) to pay, allowing up to 30 days from the day of receipt of demand for payment;

               (c)

               without delay take steps to:

                           (i)

                           convert the securities described in Article 7(2)(a), (c), (d) and (e) into money sufficient to recover the sum due;

                           (ii)

                           clear pledged cash deposits referred to in Article 7(2)(b) to its own account.

         The competent authority may without delay clear any security of the type described in Article 7(1)(a) to the appropriate account without first requiring the person concerned to effect payment.
   2.   The competent authority may waive the forfeiture of an amount less than EUR 60, provided that similar national provisions for comparable cases are laid down by law, regulation or administrative action.
   3.   Without prejudice to paragraph 1, where the decision to forfeit a security is taken but on appeal is subsequently postponed in accordance with national law, the party concerned shall pay interest on the sum actually forfeited over the period starting 30 days from the day of receipt of the demand for payment as referred to in the first subparagraph of paragraph 1 and ending on the day prior to the payment of the sum actually forfeited.
   Where following the outcome of the appeal procedure the party concerned is asked to pay within 30 days the sum forfeited, for the purposes of calculating interest the Member State may consider payment to be made on the 20th day following the date of such request.
   The rate of interest applicable is calculated according to the provisions of national law, but shall in no case be lower than the interest rate applicable in case of recovery of national amounts.
   The paying agencies shall deduct the interest paid from the expenditure of the European Agricultural Guarantee Fund (EAGF) or the European Agricultural Fund for Rural Development (EAFRD) in accordance with the provisions of Council Regulation (EEC) No 352/78 (11).
   Member States may claim periodically a supplementation of the security in respect of the interest involved.
   Where a security has been forfeited and the amount already credited to the EAGF or to the EAFRD and, following the outcome of an appeal procedure, the sum forfeited in whole or in part, including interest at a rate in accordance with national law, is to be repaid, the sum to be repaid shall be borne by the EAGF or by the EAFRD unless the repayment of the security is attributable to the negligence or serious mistake of administrative authorities or other bodies of the Member State.
   Article 29
   The Commission may, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 and in the corresponding Articles of the other relevant regulations, provide for a derogation from the foregoing provisions.
   CHAPTER VII

      INFORMATION

   Article 30
   1.   Member States shall keep available for the Commission, for each year, the total number and sum of securities forfeited, whatever stage of the procedure in Article 28 has been reached, distinguishing in either case between those credited to the national budgets and those credited to the budget of the Union.
   2.   The information referred to in paragraph 1 shall be kept in relation to all securities forfeited for an amount greater than EUR 1 000 and each Union provision requiring that a security be given.
   3.   Information shall cover both sums paid directly by the interested party and sums recovered by realising a security.
   Article 31
   Member States shall keep the following information available for the Commission:

               (a)

               the types of institutions authorised to act as guarantors and the requirements laid down;

               (b)

               the types of security accepted pursuant to Article 7(2) and the requirements laid down.

         Article 32
   Regulation (EEC) No 2220/85 is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
   Article 33
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 March 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 17, 21.1.2000, p. 22.

      (3)  OJ L 328, 15.12.2009, p. 10.

      (4)  OJ L 42, 14.2.2006, p. 1.

      (5)  OJ L 30, 31.1.2009, p. 16.

      (6)  OJ L 349, 24.12.1998, p. 1.

      (7)  OJ L 205, 3.8.1985, p. 5.

      (8)  See Annex I.

      (9)  OJ L 365, 21.12.2006, p. 52.

      (10)  OJ L 302, 19.10.1992, p. 1.

      (11)  OJ L 50, 22.2.1978, p. 1.

      ANNEX I

         Repealed Regulation with list of its successive amendments

                  Commission Regulation (EEC) No 2220/85
                  (OJ L 205, 3.8.1985, p. 5)

                  Commission Regulation (EEC) No 1181/87
                  (OJ L 113, 30.4.1987, p. 31)

                  Commission Regulation (EEC) No 3745/89
                  (OJ L 364, 14.12.1989, p. 54)

                  Commission Regulation (EC) No 3403/93
                  (OJ L 310, 14.12.1993, p. 4)

                  Commission Regulation (EC) No 1932/1999
                  (OJ L 240, 10.9.1999, p. 11)

                  Commission Regulation (EC) No 673/2004
                  (OJ L 105, 14.4.2004, p. 17)

                  Commission Regulation (EC) No 1713/2006
                  (OJ L 321, 21.11.2006, p. 11)

                  Article 3 only

                  Commission Regulation (EC) No 1913/2006
                  (OJ L 365, 21.12.2006, p. 52)

                  Article 12 only

      ANNEX II

         Correlation Table

                  Regulation (EEC) No 2220/85

                  This Regulation

                  Title I

                  Chapter I

                  Article 1, introductory part

                  Article 1, introductory part

                  Article 1(a)

                  Article 1(a)

                  Article 1(b)

                  Article 1(b)

                  Article 1(c)

                  —

                  Article 1(d)

                  —

                  Article 1(e)

                  —

                  Article 1(f)

                  Article 1(c)

                  Article 2

                  Article 2, second paragraph

                  Article 3, introductory words

                  Article 3, introductory words

                  Article 3(a), first subparagraph

                  Article 3(a)

                  Article 3(a), second subparagraph

                  Article 2, first paragraph

                  Article 3(b), (c) and (d)

                  Article 3(b), (c) and (d)

                  Title II

                  Chapter II

                  Articles 4, 5 and 6

                  Articles 4, 5 and 6

                  Title III

                  Chapter III

                  Article 8

                  Article 7

                  Article 9

                  Article 8

                  Article 10(1)(a)

                  Article 9(1), first subparagraph

                  Article 10(1)(b)

                  Article 9(2), second subparagraph

                  Article 10(1)(c)

                  Article 9(1), second subparagraph

                  Article 10(2)(a)

                  Article 9(2), first subparagraph

                  Article 10(2)(b)

                  Article 9(2), third subparagraph

                  Article 11

                  Article 10

                  Article 12

                  Article 11

                  Article 13

                  Article 12

                  Article 14

                  Article 13

                  Article 15

                  Article 14

                  Article 16

                  Article 15

                  Article 17

                  Article 16

                  Title IV

                  Chapter IV

                  Article 18, introductory words and indent

                  Article 17

                  Article 19

                  Article 18

                  Title V

                  Chapter V

                  Article 20

                  Article 19

                  Article 21

                  Article 20

                  Article 22

                  Article 21

                  Article 23(1)

                  Article 22(1)

                  Article 23(2), introductory words

                  Article 22(2), introductory words

                  Article 23(2)(a)

                  Article 22(2), introductory words

                  Article 23(2)(b), first indent, introductory words

                  Article 22(2)(a), introductory words

                  Article 23(2)(b), first indent, first sub-indent

                  Article 22(2)(a)(i)

                  Article 23(2)(b), first indent, second sub-indent

                  Article 22(2)(a)(ii)

                  Article 23(2)(b), second indent, introductory words

                  Article 22(2)(b), introductory words

                  Article 23(2)(b), second indent, first sub-indent

                  Article 22(2)(b)(i)

                  Article 23(2)(b), second indent, second sub-indent

                  Article 22(2)(b)(ii)

                  Article 23(2)(b), third indent, introductory words

                  Article 22(2)(c), introductory words

                  Article 23(2)(b), third indent, first sub-indent

                  Article 22(2)(c)(i)

                  Article 23(2)(b), third indent, second sub-indent

                  Article 22(2)(c)(ii)

                  Article 23(3)

                  Article 22(3)

                  Article 24

                  Article 23

                  Article 25

                  Article 24

                  Article 26

                  Article 25

                  Title VI

                  Chapter VI

                  Article 27

                  Article 26

                  Article 28

                  Article 27

                  Article 29

                  Article 28

                  Article 30

                  Article 29

                  Title VII

                  Chapter VII

                  Article 31

                  Article 30

                  Article 32

                  Article 31

                  —

                  Article 32

                  Article 33

                  Article 33

                  —

                  Annex I

                  —

                  Annex II


title: Commission Implementing Regulation (EU) No 937/2012 of 12 October 2012 amending Regulations (EC) No 1122/2009 and (EU) No 65/2011 as regards the method for determining applicable interest on undue payments to be recovered from beneficiaries of the direct support schemes for farmers under Council Regulation (EC) No 73/2009, of support for rural development under Council Regulation (EC) No 1698/2005 and of support for the wine sector under Council Regulation (EC) No 1234/2007

text:
               13.10.2012

               EN

               Official Journal of the European Union

               L 280/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 937/2012
   of 12 October 2012
   amending Regulations (EC) No 1122/2009 and (EU) No 65/2011 as regards the method for determining applicable interest on undue payments to be recovered from beneficiaries of the direct support schemes for farmers under Council Regulation (EC) No 73/2009, of support for rural development under Council Regulation (EC) No 1698/2005 and of support for the wine sector under Council Regulation (EC) No 1234/2007
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 51(4), Article 74(4) and Article 91 thereof,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2), and in particular Articles 85x and 103za, in conjunction with Article 4 thereof,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (3), and in particular points (c) and (o) of Article 142 thereof,
   Whereas:

               (1)

               Article 80(2) of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (4) and Article 5(2) of Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (5) set out the method for determining applicable interest on undue payments to be recovered from beneficiaries of the support covered by those Regulations.

               (2)

               The interest applies for a period from the notification of the repayment obligation until actual repayment or deduction of the amount to be repaid. This leads to an obligation for the national authorities to collect interest in practically all cases of recoveries, with a separate recovery order once the time elapsed is known.

               (3)

               For the sake of simplification and in order to improve administrative efficiency, interest should be due only from a reasonable payment deadline for the debtor indicated in the recovery order.

               (4)

               Regulations (EC) No 1122/2009 and (EU) No 65/2011 should therefore be amended accordingly.

               (5)

               In the interest of legal certainty, it should be specified that the measures provided for in this Regulation apply in respect of recovery orders issued from 16 October 2012.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 1122/2009
   In Article 80(2) of Regulation (EC) No 1122/2009, the first subparagraph is replaced by the following:

      ‘2.   Interest shall be calculated for the period elapsing between the payment deadline for the farmer indicated in the recovery order, which shall not be set at more than 60 days, and the date of either repayment or deduction.’.

   Article 2
   Amendment of Regulation (EU) No 65/2011
   In Article 5(2) of Regulation (EU) No 65/2011, the first subparagraph is replaced by the following:

      ‘2.   Interest shall be calculated for the period elapsing between the payment deadline for the beneficiary indicated in the recovery order, which shall not be set at more than 60 days, and the date of either repayment or deduction.’.

   Article 3
   Entry into force and application
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

   It shall apply in respect of recovery orders issued from 16 October 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 October 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 277, 21.10.2005, p. 1.

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

      (3)  OJ L 30, 31.1.2009, p. 16.

      (4)  OJ L 316, 2.12.2009, p. 65.

      (5)  OJ L 25, 28.1.2011, p. 8.