ISSN 1725-2555 Official Journal L 36 of the European Union Volume 54 English edition Legislation 10 February 2011 Contents II Non-legislative acts INTERNATIONAL AGREEMENTS 2011/90/EU: ★ Council Decision of 18 January 2011 on the signing, on behalf of the European Union, and provisional application of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra . 1 Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra . 3 REGULATIONS Commission Regulation (EU) No 116/2011 of 9 February 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables . 8 Commission Regulation (EU) No 117/2011 of 9 February 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year . 10 (Continued overleaf) Price: EUR 3 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. The titles of all other acts are printed in bold type and preceded by an asterisk. EN Contents (continued) Corrigenda ★ Corrigendum to Commission Regulation (EU) No 36/2011 of 18 January 2011 amending for the 143rd 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 (OJ L 14, 19.1.2011) . 12 EN 10.2.2011 EN Official Journal of the European Union L 36/1 II (Non-legislative acts) INTERNATIONAL AGREEMENTS COUNCIL DECISION of 18 January 2011 on the signing, on behalf of the European Union, and provisional application of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (2011/90/EU) THE COUNCIL OF THE EUROPEAN UNION, (5) In order to ensure such provisional application of the Protocol, this Decision should apply from 1 January 2011, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof, HAS ADOPTED THIS DECISION: Having regard to the proposal from the European Commission, Article 1 Whereas: The signing of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the (1) On 16 February 2009, the Council authorised the Principality of Andorra (hereinafter ‘the Protocol’) is hereby Commission to open negotiations with the Principality approved on behalf of the Union subject to conclusion of the of Andorra on a Protocol extending to customs security said Protocol. measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (hereinafter ‘the Protocol’). The Agreement was concluded on 28 June 1990. The text of the Protocol is attached to this Decision. (2) The Commission and the Principality of Andorra have completed the negotiations by initialling the Protocol. Article 2 The President of the Council is hereby authorised to designate (3) The Protocol should be signed. the person(s) empowered to sign the Protocol on behalf of the Union subject to its conclusion. (4) Pending the completion of the procedures for its conclusion, the Protocol should be applied on a provi­ sional basis as from 1 January 2011, which is the date of Article 3 the last stage of application of the customs security measures introduced in 2005 and 2006 respectively by The Protocol shall apply on a provisional basis as from the amendment of Council Regulation (EEC) No 2913/92 1 January 2011, or from a later date agreed between the of 12 October 1992 establishing the Community Union and the Principality of Andorra, in accordance with Customs Code ( 1 ) and of Commission Regulation (EEC) Article 3(3) thereof. No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( 2). The Commission is hereby authorised to agree, on behalf of the ( 1 ) OJ L 302, 19.10.1992, p. 1. Union, on such a later date for provisional application of the ( 2 ) OJ L 253, 11.10.1993, p. 1. Protocol. L 36/2 EN Official Journal of the European Union 10.2.2011 Article 4 If, on the date of implementation of the relevant Union legis­ lation referred to in the first paragraph, the Principality of The position to be taken by the Union in the Joint Committee Andorra has not adopted the new provisions and the provi­ on matters relating to Title IIA of the Agreement in the form of sional application of those provisions is not possible, the appli­ an Exchange of Letters between the European Economic cation of Title IIA of the Agreement shall be suspended in 1 Community and the Principality of Andorra ( ) (hereinafter accordance with Article 12k(2) thereof. The Commission shall ‘the Agreement’) shall be adopted by the Council, acting by notify the Principality of Andorra of such suspension. qualified majority on a proposal from the Commission. Article 6 Article 5 This Decision shall enter into force on the date of its adoption. In order to ensure the effective application of Article 12i(1) of It shall apply from 1 January 2011. the Agreement, the Commission shall notify the Principality of Andorra of the adoption of new Union legislation which constitutes a development of the Union law on customs security measures covered by Article 12b of the Agreement. Done at Brussels, 18 January 2011. The Commission is hereby authorised to take the necessary For the Council measures provided for in Article 12k of the Agreement in order to ensure the equivalence of the customs security The President measures of the Union and the Principality of Andorra. MATOLCSY Gy. ( 1 ) OJ L 374, 31.12.1990, p. 14. 10.2.2011 EN Official Journal of the European Union L 36/3 PROTOCOL extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra THE EUROPEAN UNION, of the one part, and THE PRINCIPALITY OF ANDORRA, of the other part, hereinafter referred to respectively as ‘the Union’ and ‘the Principality of Andorra’ and jointly as ‘the Contracting Parties’, HAVING REGARD TO the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra, signed in Luxembourg on 28 June 1990 (hereinafter ‘the Agreement’); WHEREAS there is a need to maintain the existing level of facilitation of controls and formalities on the passage of goods at frontiers between the Union and the Principality of Andorra and so ensure the smooth flow of trade between the two Parties; WHEREAS the Contracting Parties undertake to guarantee in their respective territories an equivalent level of security through measures based on legislation in force in the Union; WHEREAS it is desirable that Andorra be consulted on the development of Union rules concerning customs security measures, that it take part in the relevant work of the Customs Code Committee and that it be notified of the implementation of such rules; WHEREAS the Contracting Parties are determined to improve security in the trade in goods entering or exiting their territories without hampering trade flows; WHEREAS, in the interests of the Contracting Parties, equivalent customs security measures should be introduced in respect of the transport of goods to or from third countries; WHEREAS, unlike the Agreement itself, the territorial scope of those customs security measures must be defined with reference to the respective customs territories of the Contracting Parties; WHEREAS those customs security measures must also apply to agricultural products (Chapters 1 to 24 of the Harmonised System), which are excluded from the customs union established between the Contracting Parties; WHEREAS those customs security measures concern the declaration of security data relating to goods prior to their entry and exit, the management of security risks and related customs controls and the allocation of authorised economic operator status for mutually recognised security purposes; WHEREAS the Principality of Andorra has an adequate level of personal data protection ( 1 ); WHEREAS in the case of customs security measures there should be provision for appropriate rebalancing measures, including suspension of the relevant provisions where the equivalence of customs security measures is no longer assured, ( 1) Commission Decision 2010/625/EU of 19 October 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Andorra (OJ L 277, 21.10.2010, p. 27). L 36/4 EN Official Journal of the European Union 10.2.2011 AGREE AS FOLLOWS: with this arrangement, particularly if the proposed agreement includes provisions that derogate from the customs security measures set out in this Title. Article 1 In order to extend the scope of the Agreement to customs security measures, the following Title shall be inserted into Article 12d the Agreement: Place for lodging the declaration prior to entry and exit of goods ‘TITLE IIA 1. The declaration prior to entry of goods shall be lodged ARRANGEMENT CONCERNING CUSTOMS SECURITY with the competent authority of the Contracting Party into MEASURES whose customs territory the goods are brought from third countries. That authority shall carry out a risk analysis based CHAPTER I on data contained in the declaration and any customs security controls deemed necessary, including cases where Customs security measures and monitoring their goods are destined for the other Contracting Party.