L 59 Official Journal
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ISSN 1725-2555 Official Journal L59 of the European Union Volume 51 English edition Legislation 4 March 2008 Contents I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory REGULATIONS ★ Council Regulation (EC) No 195/2008 of 3 March 2008 amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq ......................................................................................... 1 Commission Regulation (EC) No 196/2008 of 3 March 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables ...................................... 6 ★ Commission Regulation (EC) No 197/2008 of 3 March 2008 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Queijo Serra da Estrela (PDO)) ............................ 8 ★ Commission Regulation (EC) No 198/2008 of 3 March 2008 amending for the 92nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban ................................................................................... 10 (Continued overleaf) 2 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. Contents (continued) II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory DECISIONS Council 2008/180/EC: ★ Council Decision of 25 February 2008 concerning the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt ................................................................................ 12 2008/181/EC: ★ Council Decision of 25 February 2008 concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel 14 2008/182/Euratom: ★ Council Decision of 25 February 2008 amending Council Decision of 16 December 1980 setting up the Consultative Committee for the Fusion Programme ............................. 15 2008/183/EC: ★ Council Decision of 28 February 2008 appointing an Italian alternate member to the Committee of the Regions ....................................................................... 17 2008/184/EC: ★ Council Decision of 29 February 2008 appointing a new member of the Commission of the European Communities .......................................................................... 18 Commission 2008/185/EC: ★ Commission Decision of 21 February 2008 on additional guarantees in intra-Community trade of pigs relating to Aujeszky’s disease and criteria to provide information on this disease (notified under document number C(2008) 669) (Codified version) (1) ........................................ 19 III Acts adopted under the EU Treaty ACTS ADOPTED UNDER TITLE V OF THE EU TREATY ★ Council Common Position 2008/186/CFSP of 3 March 2008 amending Common Position 2003/495/CFSP on Iraq ........................................................................... 31 ★ Council Common Position 2008/187/CFSP of 3 March 2008 concerning restrictive measures against the illegal government of Anjouan in the Union of Comoros .......................... 32 EN (1) Text with EEA relevance 4.3.2008EN Official Journal of the European Union L 59/1 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 195/2008 of 3 March 2008 amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq THE COUNCIL OF THE EUROPEAN UNION, (3) It is also appropriate to align Regulation (EC) No 1210/2003 with recent developments in sanctions practice regarding the identification of competent autho- rities, liability for infringements and jurisdiction. For the Having regard to the Treaty establishing the European purpose of this Regulation, the territory of the Community, and in particular Articles 60 and 301 thereof, Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty. Having regard to Council Common Position 2008/186/CFSP of 3 March 2008 amending Common Position 2003/495/CFSP on Iraq (1), (4) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, Having regard to the proposal from the Commission, Whereas: HAS ADOPTED THIS REGULATION: (1) In accordance with United Nations Security Council (UNSC) Resolution 1483 (2003), Article 2 of Council Regulation (EC) No 1210/2003 (2) made specific Article 1 arrangements as regards payments for petroleum, petroleum products, and natural gas exported from Regulation (EC) No 1210/2003 is hereby amended as follows: Iraq, whilst Article 10 of that Regulation made specific arrangements concerning immunity from legal proceedings of certain Iraqi assets. The specific arrangements on payments continue to apply, whilst the specific arrangements on immunities applied until 31 December 2007. 1. Article 2 shall be replaced by the following: (2) UNSC Resolution 1790 (2007) and Common Position 2008/186/CFSP provide that both of these specific ‘Article 2 arrangements are to apply until 31 December 2008. Regulation (EC) No 1210/2003 should therefore be All proceeds from all export sales of petroleum, petroleum amended accordingly. products and natural gas from Iraq, as listed in Annex I, as of 22 May 2003 shall be deposited into the Development (1) See page 31 of this Official Journal. Fund for Iraq under the conditions set out in UNSC Reso- (2) OJ L 169, 8.7.2003, p. 6. Regulation as last amended by Regulation lution 1483 (2003) and in particular paragraphs 20 and 21 (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). thereof.’; L 59/2EN Official Journal of the European Union 4.3.2008 2. the following Article shall be inserted: 2. Any information that the provisions of this Regulation are being, or have been, circumvented shall be notified to the competent authorities indicated in the websites listed in ‘ Annex V, and, directly or through these competent autho- Article 4a rities, to the Commission.’; The prohibition set out in Article 4(3) and 4(4) shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had 5. Article 8 shall be replaced by the following: no reasonable cause to suspect, that their actions would infringe this prohibition.’; ‘Article 8 1. Without prejudice to the applicable rules concerning 3. Article 6 shall be replaced by the following: reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall: ‘Article 6 1. By way of derogation from Article 4, the competent authorities indicated in the websites listed in Annex V, may (a) provide immediately any information which would authorise the release of frozen funds or economic resources, facilitate compliance with this Regulation, such as if all of the following conditions are met: accounts and amounts frozen in accordance with Article 4, to the competent authorities indicated in the websites listed in Annex V, in the Member State where they are resident or located, and, directly or through (a) the funds or economic resources are the subject of a these competent authorities, to the Commission; judicial, administrative or arbitral lien established prior to 22 May 2003 or of a judicial, administrative or arbitral judgment rendered prior to that date; (b) cooperate with the competent authorities indicated in the websites listed in Annex V, in any verification of this information. (b) the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by 2. Any information provided or received in accordance applicable laws and regulations governing the rights of with this Article shall be used only for the purposes for persons having such claims; which it was provided or received.’; (c) satisfying the claim is not in breach of Regulation (EEC) 6. the following Article shall be inserted: No 3541/92; and ‘Article 15a (d) recognising the lien or judgment is not contrary to 1. Member States shall designate the competent autho- public policy in the Member State concerned. rities referred to in Articles 6, 7 and 8 of this Regulation and identify them in, or through, the websites listed in Annex V. 2. In all other circumstances, funds, economic resources and proceeds of economic resources frozen pursuant to Article 4 shall only be unfrozen for the purpose of their 2. Member States shall notify the Commission of their transfer to the Development Fund for Iraq held by the competent authorities before 15 March 2008 and shall Central Bank of Iraq, under the conditions set out in notify it of any subsequent changes.’; UNSC Resolution 1483 (2003).’; 7. Article 16 shall be replaced by the following: 4. Article 7 shall be replaced by the following: ‘Article 16 ‘Article 7 This Regulation shall apply: 1. The participation, knowingly and intentionally, in activities,