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Official Journal of the European Union, L 76, 22 March 2017

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		ISSN 1977-0677
Official Journal of the European Union		L 76

English edition	Legislation	Volume 60 22 March 2017

Contents		II Non-legislative acts	page
		REGULATIONS
	*	Council Regulation (EU) 2017/488 of 21 March 2017 amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya	1
	*	Council Implementing Regulation (EU) 2017/489 of 21 March 2017 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya	3
	*	Council Implementing Regulation (EU) 2017/490 of 21 March 2017 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt	8
	*	Council Implementing Regulation (EU) 2017/491 of 21 March 2017 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt	10
	*	Commission Regulation (EU) 2017/492 of 21 March 2017 amending Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 ( 1 )	13
	*	Commission Implementing Regulation (EU) 2017/493 of 21 March 2017 on the release of securities in relation to Union import tariff quotas for poultrymeat originating in Ukraine managed by Implementing Regulation (EU) 2015/2078	16
	*	Commission Implementing Regulation (EU) 2017/494 of 21 March 2017 amending for the 262nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations	18
		Commission Implementing Regulation (EU) 2017/495 of 21 March 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables	20
		DECISIONS
	*	Council Decision (CFSP) 2017/496 of 21 March 2017 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt	22
	*	Council Implementing Decision (CFSP) 2017/497 of 21 March 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya	25
	*	Council Implementing Decision (CFSP) 2017/498 of 21 March 2017 implementing Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt	33
	*	Commission Implementing Decision (EU) 2017/499 of 17 March 2017 on setting up the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium (LifeWatch ERIC) (notified under document C(2017) 1648) ( 2 )	35
	*	Commission Implementing Decision (EU) 2017/500 of 21 March 2017 on recognition of the Bonsucro EU voluntary scheme for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council	40


	(1) Text with relevance for the EEA and Switzerland.
	(2) Text with EEA relevance.

EN	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.

II Non-legislative acts

REGULATIONS

22.3.2017

Official Journal of the European Union

L 76/1

COUNCIL REGULATION (EU) 2017/488

of 21 March 2017

amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1)	On 18 January 2016 the Council adopted Regulation (EU) 2016/44 (1), which for the sake of clarity consolidated Council Regulation (EU) No 204/2011 (2).

(2)	Article 16 of Regulation (EU) No 204/2011 conferred powers on the Council to amend Annex VI of that Regulation following a decision by the United Nations Security Council or Sanctions Committee. However, no such conferral was included in Regulation (EU) 2016/44.

(3)	Regulation (EU) 2016/44 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Article 21 of Regulation (EU) 2016/44 is replaced by the following:

‘Article 21

1. Where the Security Council or the Sanctions Committee lists a natural or legal person, entity or body, the Council shall include that natural or legal person, entity or body in Annex II or VI.

2. Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 6(2), it shall amend Annex III accordingly.

3. The Council shall communicate its decision, including the grounds for listing, to the natural or legal person, entity or body referred to in paragraphs 1 and 2 either directly, if the address is known, or through the publication of a notice, providing that natural or legal person, entity or body with an opportunity to present observations.

4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body referred to in paragraphs 1 and 2 accordingly.

5. Where the Security Council or the Sanctions Committee decides to de-list a person, entity or body, or to amend the identifying data of a listed natural or legal person, entity or body, the Council shall amend Annex II or VI accordingly.

6. The list in Annex III shall be reviewed at regular intervals and at least every 12 months.’.

Article 2

This Regulation shall enter into force on the date 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, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ L 12, 19.1.2016, p. 1).

(2) Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (OJ L 58, 3.3.2011, p. 1).

22.3.2017

Official Journal of the European Union

L 76/3

COUNCIL IMPLEMENTING REGULATION (EU) 2017/489

of 21 March 2017

implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (1), and in particular Article 21(5) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 18 January 2016 the Council adopted Regulation (EU) 2016/44.

(2)	On 11 November 2016 and 6 January 2017 the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1970 (2011) updated the information relating to 15 persons and two entities subject to restrictive measures.

(3)	Annexes II and VI to Regulation (EU) 2016/44 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and VI to Regulation (EU) 2016/44 are amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date 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, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) OJ L 12, 19.1.2016, p. 1.

ANNEX

In Annex II to Regulation (EU) 2016/44, the entries concerning the persons listed below are replaced by the following entries:

ANNEX II

LIST OF NATURAL AND LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 6(1)

A. Persons

6. Name: 1: ABU 2: ZAYD 3: UMAR 4: DORDA

Title: na Designation: a) Director, External Security Organisation. b) Head of external intelligence agency. DOB: 4 Apr. 1944 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya (Believed status/location: in custody in Libya) Listed on: 26 Feb. 2011 (amended on 27 Jun. 2014, 1 Apr. 2016) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5938451

7. Name: 1: ABU 2: BAKR 3: YUNIS 4: JABIR

Title: Major General Designation: Defence Minister. DOB: 1952 POB: Jalo, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 2 Apr. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: deceased. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525775

8. Name: 1: MATUQ 2: MOHAMMED 3: MATUQ 4: na

Title: na Designation: Secretary for Utilities DOB: 1956 POB: Khoms, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 2 Apr. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: unknown, believed captured. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525795

9. Name: 1: AISHA 2: MUAMMAR MUHAMMED 3: ABU MINYAR 4: QADHAFI

Title: na Designation: na DOB: 1978 POB: Tripoli, Libya Good quality a.k.a.: Aisha Muhammed Abdul Salam (Libya Passport number: 215215) Low quality a.k.a.: na Nationality: na Passport no: Libya 428720 National identification no: na Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on: 26 Feb. 2011 (amended on 11 Nov. 2016, 26 Sep. 2014, 21 Mar. 2013, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525815

10. Name: 1: HANNIBAL 2: MUAMMAR 3: QADHAFI 4: na

Title: na Designation: na DOB: 20 Sep. 1975 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: Libya B/002210 National identification no: na Address: Lebanon (In custody) Listed on: 26 Feb. 2011 (amended on 11 Nov. 2016, 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525835

11. Name: 1: KHAMIS 2: MUAMMAR 3: QADHAFI 4: na

Title: na Designation: na DOB: 1978 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525855

12. Name: 1: MOHAMMED 2: MUAMMAR 3: QADHAFI 4: na

Title: na Designation: na DOB: 1970 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on: 26 Feb. 2011 (amended on 26 Sep. 2014, 4 Sep. 2013, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525875

13. Name: 1: MUAMMAR 2: MOHAMMED 3: ABU MINYAR 4: QADHAFI

Title: na Designation: Leader of the Revolution, Supreme Commander of Armed Forces DOB: 1942 POB: Sirte, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 4 Sep. 2013, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525895

14. Name: 1: MUTASSIM 2: QADHAFI 3: na 4: na

Title: na Designation: National Security Adviser DOB: a) 1976 b) 5 Feb. 1974 POB: Tripoli, Libya Good quality a.k.a.: a) Almuatesem Bellah Muammer Qadhafi b) Mutassim Billah Abuminyar Qadhafi Low quality a.k.a.: a) Muatasmblla b) Muatasimbllah c) Moatassam Nationality: na Passport no: Libya B/001897 National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 1 Apr. 2016, 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased. Reportedly deceased in Sirte, Libya, on 20 October 2011. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525915

15 Name: 1: SAADI 2: QADHAFI 3: na 4: na

Title: na Designation: Commander Special Forces DOB: a) 27 May 1973 b) 1 Jan. 1975 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: a) 014797 b) 524521 National identification no: na Address: Libya (in custody) Listed on: 26 Feb. 2011 (amended on 26 Mar. 2015, 2 Apr. 2012, 14 Mar. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525935

16. Name: 1: SAIF AL-ARAB 2: QADHAFI 3: na 4: na

Title: na Designation: na DOB: 1982 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 2 Apr. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: deceased. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525955

17. Name: 1: SAIF AL-ISLAM 2: QADHAFI 3: na 4: na

Title: na Designation: Director, Qadhafi Foundation DOB: 25 Jun. 1972 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: Libya B014995 National identification no: na Address: Libya (Believed status/location: restricted freedom of movement in Zintan, Libya) Listed on: 26 Feb. 2011 (amended on 11 Nov. 2016, 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525975

18. Name: 1: ABDULLAH 2: AL-SENUSSI 3: na 4: na

Title: Colonel Designation: Director Military Intelligence DOB: 1949 POB: Sudan Good quality a.k.a.: a) Abdoullah Ould Ahmed (Passport number: B0515260; DOB: 1948; POB: Anefif (Kidal), Mali; Date of issue: 10 Jan 2012; Place of issue: Bamako, Mali; Date of expiration: 10 Jan 2017.) b) Abdoullah Ould Ahmed (Mali ID Number 073/SPICRE; POB: Anefif, Mali; Date of issue: 6 Dec 2011; Place of issue: Essouck, Mali) Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya (Believed status/location: in custody in Libya.) Listed on: 26 Feb. 2011 (amended on 27 Jun. 2014, 21 Mar. 2013) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525995

19. Name: 1: SAFIA 2: FARKASH 3: AL-BARASSI 4: na

Title: na Designation: na DOB: Approximately 1952 POB: Al Bayda, Libya Good quality a.k.a.: Safia Farkash Mohammed Al-Hadad, born 1 Jan. 1953 (Oman passport No 03825239, date of issue 4 May 2014, expiry 3 May 2024.) Low quality a.k.a.: na Nationality: na Passport no: 03825239 National identification no: 98606491 Address: a) Sultanate of Oman b) (Believed location — Egypt) Listed on: 24 Jun. 2011 (amended on 1 Apr. 2016, 26 Mar. 2015, 26 Sep. 2014, 4 Sep. 2013, 2 Apr. 2012, 13 Feb. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5526015

20. Name: 1: ABDELHAFIZ 2: ZLITNI 3: na 4: na

Title: na Designation: a) Minister for Planning and Finance in Colonel Qadhafi's Government. b) Secretary of the General People's Committee for Finance and Planning c) Temporary head of the Central Bank of Libya DOB: 1935 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya Listed on: 24 Jun. 2011 (amended on 11 Nov. 2016, 26 Sep. 2014) Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5526035

In Annex VI to Regulation (EU) 2016/44, the entries concerning the entities listed below are replaced by the following entries:

ANNEX VI

LIST OF LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 5(4)

1. Name: LIBYAN INVESTMENT AUTHORITY

A.k.a.: Libyan Foreign Investment Company (LFIC) F.k.a.: na Address: 1 Fateh Tower Office, No 99 22nd Floor, Borgaida Street, Tripoli, 1103, Libya Listed on: 17 Mar. 2011 Other information: Listed pursuant to paragraph 17 of resolution 1973, as modified on 16 September pursuant to paragraph 15 of resolution 2009. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/une/5526075

2 Name: LIBYAN AFRICA INVESTMENT PORTFOLIO

A.k.a.: na F.k.a.: na Address: Jamahiriya Street, LAP Building, PO Box 91330, Tripoli, Libya Listed on: 17 Mar. 2011 Other information: Listed pursuant to paragraph 17 of resolution 1973, as modified on 16 September pursuant to paragraph 15 of resolution 2009. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/une/5525715

22.3.2017

Official Journal of the European Union

L 76/8

COUNCIL IMPLEMENTING REGULATION (EU) 2017/490

of 21 March 2017

implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, (1) and in particular Article 12(1) thereof,

Whereas:

(1)	On 21 March 2011, the Council adopted Regulation (EU) No 270/2011.

(2)	Two persons should no longer be kept on the list of natural and legal persons, entities and bodies in Annex I to Regulation (EU) No 270/2011.

(3)	Annex I to Regulation (EU) No 270/2011 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 270/2011 is amended as set out in 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, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) OJ L 76, 22.3.2011, p. 4.

ANNEX

The entries concerning the following persons are deleted:

13.	Rachid Mohamed Rachid Hussein.

14.	Hania Mahmoud Abdel Rahman Fahmy.

22.3.2017

Official Journal of the European Union

L 76/10

COUNCIL IMPLEMENTING REGULATION (EU) 2017/491

of 21 March 2017

implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 21 March 2011, the Council adopted Regulation (EU) No 270/2011.

(2)	The statements of reasons for six persons listed in Annex I to Regulation (EU) No 270/2011 should be amended. The identifying information concerning one listed person should be updated.

(3)	Two persons should no longer be kept on the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) No 270/2011.

(4)	Annex I to Regulation (EU) No 270/2011 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 270/2011 is amended as set out in 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, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) OJ L 76, 22.3.2011, p. 4.

ANNEX

In Annex I to Regulation (EU) No 270/2011, the entries concerning the persons below are replaced by the following entries:

	Name (and any aliases)	Identifying information	Grounds for designation
1.	Mohamed Hosni Elsayed Mubarak	Former President of the Arab Republic of Egypt Date of birth: 4.5.1928 Male	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
2.	Suzanne Saleh Thabet	Spouse of Mr. Mohamed Hosni Elsayed Mubarak, former President of the Arab Republic of Egypt Date of birth: 28.2.1941 Female	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
3.	Alaa Mohamed Hosni Elsayed Mubarak	Son of Mr. Mohamed Hosni Elsayed Mubarak, former President of the Arab Republic of Egypt Date of birth: 26.11.1960 Male	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
4.	Heidy Mahmoud Magdy Hussein Rasekh	Spouse of Mr. Alaa Mohamed Hosni Elsayed Mubarak, son of former President of the Arab Republic of Egypt Date of birth: 5.10.1971 Female	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
5.	Gamal Mohamed Hosni Elsayed Mubarak	Son of Mr. Mohamed Hosni Elsayed Mubarak, former President of the Arab Republic of Egypt Date of birth: 28.12.1963 Male	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
6.	Khadiga Mahmoud El Gammal	Spouse of Mr. Gamal Mohamed Hosni Elsayed Mubarak, son of former President of the Arab Republic of Egypt Date of birth: 13.10.1982 Female	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
8.	Abla Mohamed Fawzi Ali Ahmed Salama	Spouse of Mr. Ahmed Abdelaziz Ezz Date of birth: 31.1.1963 Female	Person subject to judicial proceedings by the Egyptian authorities in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption

II.

In Annex I to Regulation (EU) No 270/2011, the entries concerning the following persons are deleted:

16.	Jaylane Shawkat Hosni Galal Eldin,

17.	Amir Mohamed Zohir Mohamed Wahed Garrana.

22.3.2017

Official Journal of the European Union

L 76/13

COMMISSION REGULATION (EU) 2017/492

of 21 March 2017

amending Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004

(Text with relevance for the EEA and Switzerland)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), and in particular Article 88 thereof,

Having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2), and in particular Article 92 thereof,

Whereas:

(1)

In order to take into account certain changes in the legislation of some Member States, or their wish to simplify the application of the system of coordination of Regulations (EC) No 883/2004 and (EC) No 987/2009, requests were made by Member States to the Administrative Commission for the Coordination of Social Security Systems to amend certain Annexes to these Regulations.

(2)	The Administrative Commission for the Coordination of Social Security Systems has agreed to the requested amendments and has made relevant proposals to the Commission for technical adaptations of the Annexes.

(3)	The Commission can agree to the relevant proposals.

(4)	Regulations (EC) No 883/2004 and (EC) No 987/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 883/2004 is amended as follows:

(1)

Annex VI is amended as follows:

(a)

in section ‘ESTONIA’, a new point (d) is added after point (c):

‘(d)	Work ability allowance granted under the Work Ability Allowance Act’;

(b)	section ‘SWEDEN’ is replaced by the following: ‘SWEDEN Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code)’;

(c)

section ‘UNITED KINGDOM’ is replaced by the following:

‘UNITED KINGDOM

Employment and Support Allowance (ESA)

(a)	For awards granted before 1 April 2016 ESA is a cash sickness benefit for the initial 91 days (Assessment Phase). From the 92nd day ESA (Main Phase) becomes an invalidity benefit.

(b)	For awards granted on or after 1 April 2016 ESA is a cash sickness benefit for the initial 365 days (Assessment Phase). From the 366th day ESA (Support Group) becomes an invalidity benefit.

Great Britain legislation: Part 1 of the Welfare Reform Act 2007.

Northern Ireland legislation: Part 1 of the Welfare Reform Act (Northern Ireland) 2007.’;

(2)

Annex VIII is amended as follows:

(a)

in Part 1, section ‘POLAND’ is replaced by the following:

‘POLAND

All applications for disability pensions, old-age under the defined benefits scheme and survivors' pensions, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 20 years for women and 25 years for men but the national periods of insurance are inferior to these limits (and not less than 15 years for women and 20 years for men), and the calculation is made under Articles 27 and 28 of the Act of 17 December 1998 (O.J. 2015, item 748).’;

(b)

in Part 1, section ‘SWEDEN’ is replaced by the following:

‘SWEDEN

(a)	Applications for an old-age pension in the form of a guaranteed pension (Chapters 66 and 67 of the Social Insurance Code).

(b)	Applications for an old-age pension in the form of a supplementary pension (Chapter 63 of the Social Insurance Code).’;

(c)

in Part 1, in section ‘UNITED KINGDOM’ the first sentence is replaced by the following:

‘All applications for retirement pension, state pension pursuant to Part 1 of the Pensions Act 2014, widows' and bereavement benefits, with the exception of those for which during a tax year beginning on or after 6 April 1975:’;

(d)	in Part 2, section ‘SWEDEN’ is replaced by the following: ‘SWEDEN Old-age pension in the form of an income pension and a premium pension (Chapters 62 and 64 of the Social Insurance Code).’;

(3)

Annex IX is amended as follows:

(a)

in Part I, section ‘SWEDEN’ is replaced by the following:

‘SWEDEN

Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code)

Guaranteed pension and guaranteed compensation which replaced the full state pensions provided under the legislation on the state pension which applied before 1 January 1993, and the full state pension awarded under the transitional rules of the legislation applying from that date’;

(b)

in Part II, section ‘SWEDEN’ is replaced by the following:

‘SWEDEN

Sickness compensation and activity compensation in the form of guarantee compensation (Chapter 35 of the Social Insurance Code)

Survivors' pension calculated on the basis of credited insurance periods (Chapters 76-85 of the Social Insurance Code)’.

Article 2

Regulation (EC) No 987/2009 is amended as follows:

(1)

in Annex 1,

(a)	section ‘BELGIUM-IRELAND’ is deleted;

(b)	section ‘DENMARK-GREECE’ is deleted;

(2)

in Annex 3:

(a)	section ‘THE NETHERLANDS’ is deleted;

(b)	section ‘FINLAND’ is deleted.

Article 3

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

Article 2(2) shall apply from 1 January 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 March 2017.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 166, 30.4.2004, p. 1.

(2) OJ L 284, 30.10.2009, p. 1.

22.3.2017

Official Journal of the European Union

L 76/16

COMMISSION IMPLEMENTING REGULATION (EU) 2017/493

of 21 March 2017

on the release of securities in relation to Union import tariff quotas for poultrymeat originating in Ukraine managed by Implementing Regulation (EU) 2015/2078

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 points (a), (c) and (d) of Article 187 thereof,

Whereas:

(1)	Commission Implementing Regulation (EU) 2015/2078 (2) opens and provides for the administration of Union tariff quotas for poultrymeat originating in Ukraine.

(2)

Following the confirmation of highly pathogenic avian influenza (HPAI) in poultry on the Ukrainian territory on 30 November 2016 and according to the requirements for countries to be considered free of HPAI as laid down in Article 9 of Commission Regulation (EC) No 798/2008 (3), the Ukraine territory could not be considered free from that disease. As a consequence, the Ukrainian authorities were not able to issue the veterinary certificates necessary for the export of poultry and poultry products to the Union.

(3)

On the basis of information submitted by Ukraine, Commission Implementing Regulation (EU) 2017/193 (4) amended, inter alia, Regulation (EC) No 798/2008 in order to limit the restrictions on the introduction into the Union of consignments of poultry and poultry products to only those areas in Ukraine affected by HPAI. Therefore, the Ukrainian authorities have been able to issue veterinary certificates for the export to the Union of poultry and poultry products from the areas not affected by HPAI since 7 February 2017.

(4)

As a consequence, operators that had obtained import rights and import licenses for the importation of poultrymeat within the import tariff quotas referred to in Implementing Regulation (EU) 2015/2078 for the tariff quota period from 1 January to 31 December 2016 were unable to source the products from 30 November 2016 until 31 December 2016. In addition, operators that had obtained import rights for the tariff quota subperiod from 1 January to 31 March 2017 would have difficulties sourcing the products, given the impossibility to import until after 7 February 2017 and the fact that restrictions for certain areas in Ukraine remain in place.

(5)

Consequently, it is necessary to provide that, under certain conditions, the securities lodged in relation to those import rights and to the subsequent import licenses that were not used by 31 December 2016 and in relation to those import rights that were not used by 31 December 2017 should be released.

(6)	As this measure may concern securities lodged at the end of 2015 or early 2016, operators should be able to request the release as soon as possible. This Regulation should therefore enter into force on the day following that of its publication.

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

HAS ADOPTED THIS REGULATION:

Article 1

Release of securities related to the period from 1 January to 31 December 2016

1. At the request of the operators concerned, the securities related to import rights and import licenses lodged pursuant to Articles 3(2) and 4(4) of Implementing Regulation (EU) 2015/2078, respectively, shall be released under the condition that the import rights or licenses have been used only partially or not at all by 31 December 2016.

2. The securities referred to in paragraph 1 shall be released proportionally to the import rights and licenses which have not been used by 31 December 2016.

Article 2

Release of securities related to the period from 1 January to 31 December 2017

1. At the request of the operators concerned, the securities related to imports rights granted in relation to the subperiod from 1 January to 31 March 2017, lodged pursuant to Article 3(2) of Implementing Regulation (EU) 2015/2078 shall be released under the condition that the import rights have been used only partially or not at all by 31 December 2017.

2. The securities referred to in paragraph 1 shall be released proportionally to the import rights which have not been used by 31 December 2017.

Article 3

Entry into force

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, 21 March 2017.

For the Commission

The President

Jean-Claude JUNCKER

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

(2) Commission Implementing Regulation (EU) 2015/2078 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 302, 19.11.2015, p. 63).

(3) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

(4) Commission Implementing Regulation (EU) 2017/193 of 3 February 2017 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for Ukraine in the lists of third countries from which the introduction of certain commodities into the Union is authorised in relation to highly pathogenic avian influenza (OJ L 31, 4.2.2017, p. 13).

22.3.2017

Official Journal of the European Union

L 76/18

COMMISSION IMPLEMENTING REGULATION (EU) 2017/494

of 21 March 2017

amending for the 262nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,

Whereas:

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

(2)

On 16 March 2017, the Sanctions Committee of the United Nations Security Council decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 March 2017.

For the Commission,

On behalf of the President,

Acting Head of the Service for Foreign Policy Instruments

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

ANNEX

In Annex I to Regulation (EC) No 881/2002, the following entry under the heading ‘Natural persons’ is deleted:

‘Fahd Muhammad 'Abd Al-'Aziz Al-Khashiban (alias (a) Fahad H. A. Khashayban, (b) Fahad H. A. al-Khashiban, (c) Fahad H. A. Kheshaiban, (d) Fahad H. A. Kheshayban, (e) Fahad H. A. al-Khosiban, (f) Fahad H. A. Khasiban, (g) Fahd Muhammad 'Abd Al-'Aziz al-Khashayban (h) Fahd Muhammad'Abd al-'Aziz al-Khushayban, (i) Fahad al-Khashiban, (j) Fahd Khushaiban, (k) Fahad Muhammad A. al-Khoshiban, (l) Fahad Mohammad A. al-Khoshiban, (m) Fahad Mohammad Abdulaziz Alkhoshiban, (n) Abu Thabit, (o) Shaykh Abu Thabit, (p) Shaykh Thabet, (q) Abu Abdur Rahman, (r) Abdur Abu Rahman). Address: Saudi Arabia. Date of birth: 16.10.1966. Place of birth: Oneiza, Saudi Arabia. Passport No: G477835 (Saudi Arabian, issued on 26.6.2006, expired on 3.5.2011). Nationality: Saudi Arabian. Other information: Involved in the financing of and otherwise provided assistance to the Abu Sayyaf Group. Date of designation referred to in Article 2a (4) (b): 9.10.2007.’

22.3.2017

Official Journal of the European Union

L 76/20

COMMISSION IMPLEMENTING REGULATION (EU) 2017/495

of 21 March 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 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 March 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	EG	288,4
	IL	234,5
	MA	107,2
	SN	196,7
	TR	107,9
	ZZ	186,9
0707 00 05	EG	241,9
	TR	183,5
	ZZ	212,7
0709 93 10	MA	45,3
	TR	136,9
	ZZ	91,1
0805 10 22 , 0805 10 24 , 0805 10 28	EG	47,7
	IL	73,4
	MA	50,2
	TN	55,3
	TR	87,2
	ZA	92,1
	ZZ	67,7
0805 50 10	AR	45,3
	TR	84,5
	ZZ	64,9
0808 10 80	CL	100,4
	CN	144,8
	ZA	114,1
	ZZ	119,8
0808 30 90	AR	124,4
	CL	135,7
	CN	91,5
	TR	148,9
	ZA	115,2
	ZZ	123,1

(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’.

DECISIONS

22.3.2017

Official Journal of the European Union

L 76/22

COUNCIL DECISION (CFSP) 2017/496

of 21 March 2017

amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 21 March 2011, the Council adopted Decision 2011/172/CFSP (1) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt.

(2)	On the basis of a review of Decision 2011/172/CFSP, the restrictive measures should be renewed until 22 March 2018.

(3)	The statements of reasons for six persons listed in the Annex to Decision 2011/172/CFSP should be amended. The identifying information concerning one listed person should be updated.

(4)	Two persons should no longer be kept on the list of natural and legal persons, entities and bodies set out in the Annex to Decision 2011/172/CFSP.

(5)	Decision 2011/172/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2011/172/CFSP is amended as follows:

(1)	in Article 5, the second paragraph is replaced by the following: ‘This Decision shall apply until 22 March 2018.’;

(2)	the Annex is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) Council Decision 2011/172/CFSP of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ L 76, 22.3.2011, p. 63).

ANNEX

In the Annex to Decision 2011/172/CFSP, the entries concerning the persons below are replaced by the following entries:

	Name (and any aliases)	Identifying information	Grounds for designation
1.	Mohamed Hosni Elsayed Mubarak	Former President of the Arab Republic of Egypt Date of birth: 4.5.1928 Male	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
2.	Suzanne Saleh Thabet	Spouse of Mr. Mohamed Hosni Elsayed Mubarak, former President of the Arab Republic of Egypt Date of birth: 28.2.1941 Female	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
3.	Alaa Mohamed Hosni Elsayed Mubarak	Son of Mr. Mohamed Hosni Elsayed Mubarak, former President of the Arab Republic of Egypt Date of birth: 26.11.1960 Male	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
4.	Heidy Mahmoud Magdy Hussein Rasekh	Spouse of Mr. Alaa Mohamed Hosni Elsayed Mubarak, son of former President of the Arab Republic of Egypt Date of birth: 5.10.1971 Female	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
5.	Gamal Mohamed Hosni Elsayed Mubarak	Son of Mr. Mohamed Hosni Elsayed Mubarak, former President of the Arab Republic of Egypt Date of birth: 28.12.1963 Male	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
6.	Khadiga Mahmoud El Gammal	Spouse of Mr. Gamal Mohamed Hosni Elsayed Mubarak, son of former President of the Arab Republic of Egypt Date of birth: 13.10.1982 Female	Person subject to judicial proceedings or an asset recovery process by the Egyptian authorities following a final court ruling in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption
8.	Abla Mohamed Fawzi Ali Ahmed Salama	Spouse of Mr. Ahmed Abdelaziz Ezz Date of birth: 31.1.1963 Female	Person subject to judicial proceedings by the Egyptian authorities in respect of the misappropriation of State Funds on the basis of the United Nations Convention against corruption

II.

In the Annex to Decision 2011/172/CFSP, the entries concerning the following persons are deleted:

16.	Jaylane Shawkat Hosni Galal Eldin,

17.	Amir Mohamed Zohir Mohamed Wahed Garrana.

22.3.2017

Official Journal of the European Union

L 76/25

COUNCIL IMPLEMENTING DECISION (CFSP) 2017/497

of 21 March 2017

implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya and repealing Decision 2011/137/CFSP (1), and in particular Article 17(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 31 July 2015 the Council adopted Decision (CFSP) 2015/1333.

(2)	On 11 November 2016 and 6 January 2017 the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1970 (2011) updated the information relating to 20 persons and two entities subject to restrictive measures.

(3)	Annexes I, III and VI to Decision (CFSP) 2015/1333 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annexes I, III and VI to Decision (CFSP) 2015/1333 are amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.

Done at Brussels, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) OJ L 206, 1.8.2015, p. 34.

ANNEX

In Annex I to Decision (CFSP) 2015/1333, the entries concerning the persons listed below are replaced by the following entries:

ANNEX I

LIST OF PERSONS REFERRED TO IN ARTICLE 8(1)

1. Name: 1: ABDULQADER 2: MOHAMMED 3: AL-BAGHDADI 4: na

Title: Dr Designation: Head of the Liaison Office of the Revolutionary Committees DOB: 1 Jul. 1950 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: B010574 National identification no: na Address: Tunisia (Believed status/location: jail in Tunisia.) Listed on: 26 Feb. 2011 (amended on 26 Mar. 2015, 2 Apr. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Believed status/location: deceased. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5519275

2. Name: 1: ABDULQADER 2: YUSEF 3: DIBRI 4: na

Title: na Designation: Head of Muammar Qadhafi's personal security DOB: 1946 POB: Houn, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 26 Feb. 2011 Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525715

3. Name: 1: SAYYID 2: MOHAMMED 3: QADHAF AL-DAM 4: na

Title: na Designation: na DOB: 1948 POB: a) Sirte, Libya b) Egypt Good quality a.k.a.: Sayed M. Gaddef Eddam Low quality a.k.a.: na Nationality: na Passport no: Libyan passport No 513519 National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 1 Apr. 2016) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525735

4. Name: 1: QUREN 2: SALIH 3: QUREN 4: AL QADHAFI

Title: na Designation: Libyan Ambassador to Chad DOB: na POB: na Good quality a.k.a.: Akrin Saleh Akrin Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Egypt Listed on: 17 Mar. 2011 (amended on 26 Mar. 2015, 26 Sep. 2014) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5519275

5. Name: 1: AMID 2: HUSAIN 3: AL KUNI 4: na

Title: Colonel Designation: Governor of Ghat (South Libya) DOB: na POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya (Believed status/location: South Libya) Listed on: 17 Mar. 2011 (amended on 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban).

6. Name: 1: ABU 2: ZAYD 3: UMAR 4: DORDA

7. Name: 1: ABU 2: BAKR 3: YUNIS 4: JABIR

8. Name: 1: MATUQ 2: MOHAMMED 3: MATUQ 4: na

9. Name: 1: AISHA 2: MUAMMAR MUHAMMED 3: ABU MINYAR 4: QADHAFI

10. Name: 1: HANNIBAL 2: MUAMMAR 3: QADHAFI 4: na

11. Name: 1: KHAMIS 2: MUAMMAR 3: QADHAFI 4: na

12. Name: 1: MOHAMMED 2: MUAMMAR 3: QADHAFI 4: na

13. Name: 1: MUAMMAR 2: MOHAMMED 3: ABU MINYAR 4: QADHAFI

14. Name: 1: MUTASSIM 2: QADHAFI 3: na 4: na

Title: na Designation: National Security Adviser DOB: a) 1976 b) 5 Feb. 1974 POB: Tripoli, Libya Good quality a.k.a.: a) Almuatesem Bellah Muammer Qadhafi b) Mutassim Billah Abuminyar Qadhafi Low quality a.k.a.: a) Muatasmblla b) Muatasimbllah c) Moatassam Nationality: na Passport no: Libya B/001897 National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 1 Apr. 2016, 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban,Asset Freeze). Believed status/location: deceased. Reportedly deceased in Sirte, Libya, on 20 October 2011. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525915

15. Name: 1: SAADI 2: QADHAFI 3: na 4: na

16. Name: 1: SAIF AL-ARAB 2: QADHAFI 3: na 4: na

17. Name: 1: SAIF AL-ISLAM 2: QADHAFI 3: na 4: na

18. Name: 1: ABDULLAH 2: AL-SENUSSI 3: na 4: na

19. Name: 1: SAFIA 2: FARKASH 3: AL-BARASSI 4: na

Title: na Designation: na DOB: Approximately 1952 POB: Al Bayda, Libya Good quality a.k.a.: Safia Farkash Mohammed Al-Hadad, born 1 Jan. 1953 (Oman passport no.03825239, date of issue 4 May 2014, expiry 3 May 2024.) Low quality a.k.a.: na Nationality: na Passport no: 03825239 National identification no: 98606491 Address: a) Sultanate of Oman b) (Believed location — Egypt) Listed on: 24 Jun. 2011 (amended on 1 Apr. 2016, 26 Mar. 2015, 26 Sep. 2014, 4 Sep. 2013, 2 Apr. 2012, 13 Feb. 2012) Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5526015

20. Name: 1: ABDELHAFIZ 2: ZLITNI 3: na 4: na

In Annex III to Decision (CFSP) 2015/1333, the entries concerning the persons listed below are replaced by the following entries:

ANNEX III

LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 9(1)

A. Individuals

6. Name: 1: ABU 2: ZAYD 3: UMAR 4: DORDA

7. Name: 1: ABU 2: BAKR 3: YUNIS 4: JABIR

8. Name: 1: MATUQ 2: MOHAMMED 3: MATUQ 4: na

9. Name: 1: AISHA 2: MUAMMAR MUHAMMED 3: ABU MINYAR 4: QADHAFI

10. Name: 1: HANNIBAL 2: MUAMMAR 3: QADHAFI 4: na

11. Name: 1: KHAMIS 2: MUAMMAR 3: QADHAFI 4: na

12. Name: 1: MOHAMMED 2: MUAMMAR 3: QADHAFI 4: na

13. Name: 1: MUAMMAR 2: MOHAMMED 3: ABU MINYAR 4: QADHAFI

14. Name: 1: MUTASSIM 2: QADHAFI 3: na 4: na

Title: na Designation: National Security Adviser DOB: a) 1976 b) 5 Feb. 1974 POB: Tripoli, Libya Good quality a.k.a.: a) Almuatesem Bellah Muammer Qadhafi b) Mutassim Billah Abuminyar Qadhafi Low quality a.k.a.: a) Muatasmblla b) Muatasimbllah c) Moatassam Nationality: na Passport no: Libya B/001897 National identification no: na Address: na Listed on: 26 Feb. 2011 (amended on 1 Apr. 2016, 26 Sep. 2014, 2 Apr. 2012) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban,Asset Freeze). Believed status/location: deceased. Reportedly deceased in Sirte, Libya, on 20 October 2011. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525915

15. Name: 1: SAADI 2: QADHAFI 3: na 4: na

16. Name: 1: SAIF AL-ARAB 2: QADHAFI 3: na 4: na

17. Name: 1: SAIF AL-ISLAM 2: QADHAFI 3: na 4: na

18. Name: 1: ABDULLAH 2: AL-SENUSSI 3: na 4: na

19. Name: 1: SAFIA 2: FARKASH 3: AL-BARASSI 4: na

20. Name: 1: ABDELHAFIZ 2: ZLITNI 3: na 4: na

In Annex VI to Decision (CFSP) 2015/1333, the entries concerning the entities listed below are replaced by the following entries:

ANNEX VI

LIST OF ENTITIES REFERRED TO IN ARTICLE 9(3)

1. Name: LIBYAN INVESTMENT AUTHORITY

2. Name: LIBYAN AFRICA INVESTMENT PORTFOLIO

22.3.2017

Official Journal of the European Union

L 76/33

COUNCIL IMPLEMENTING DECISION (CFSP) 2017/498

of 21 March 2017

implementing Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2011/172/CFSP of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (1), and in particular Article 2(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 21 March 2011, the Council adopted Decision 2011/172/CFSP.

(2)	Two persons should no longer be kept on the list of natural and legal persons, entities and bodies in the Annex to Decision 2011/172/CFSP.

(3)	The Annex to Decision 2011/172/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2011/172/CFSP is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 21 March 2017.

For the Council

The President

E. SCICLUNA

(1) OJ L 76, 22.3.2011, p. 63.

ANNEX

The entries concerning the following persons are deleted:

13.	Rachid Mohamed Rachid Hussein.

14.	Hania Mahmoud Abdel Rahman Fahmy.

22.3.2017

Official Journal of the European Union

L 76/35

COMMISSION IMPLEMENTING DECISION (EU) 2017/499

of 17 March 2017

on setting up the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium (LifeWatch ERIC)

(notified under document C(2017) 1648)

(Only the Dutch, French, Greek, Italian, Portuguese, Romanian Slovenian and Spanish texts are authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (1), and in particular point (a) of Article 6(1) thereof,

Whereas:

(1)

Belgium, Greece, Spain, Italy, the Netherlands, Portugal, Romania and Slovenia requested the Commission to set up the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium (LifeWatch ERIC). They have agreed that Spain will be the host Member State of LifeWatch ERIC.

(2)	The Commission has, in accordance with Article 5(2) of Regulation (EC) No 723/2009, assessed the application and concluded that it meets the requirements set out in that Regulation.

(3)	The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 20 of Regulation (EC) No 723/2009,

HAS ADOPTED THIS DECISION:

Article 1

1. The e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium named ‘LifeWatch ERIC’ is set up.

2. The essential elements of the Statutes of LifeWatch ERIC are set out in the Annex.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Kingdom of the Netherlands, the Portuguese Republic, Romania and the Republic of Slovenia.

Done at Brussels, 17 March 2017.

For the Commission

Carlos MOEDAS

Member of the Commission

(1) OJ L 206, 8.8.2009, p. 1.

ANNEX

ESSENTIAL ELEMENTS OF THE STATUTES OF LIFEWATCH ERIC

The following Articles and paragraphs of the Articles of the Statutes of LifeWatch ERIC provide for the essential elements in accordance with 6(3) of Council Regulation (EC) No 723/2009

Article 2

Task and activities, ERIC Components

1. The main task of LifeWatch ERIC shall be to establish and operate the infrastructure and information systems necessary to mobilise and integrate data and algorithms for biodiversity and ecosystem research, including enhancing understanding, linkages and synergies with other societal challenges such as climate change adaptation and mitigation, and to provide analytical capabilities.

2. To this end LifeWatch ERIC shall undertake and coordinate a variety of activities, including but not limited to:

(a)

The operation of a distributed research infrastructure that shall encompass enabling capabilities for demand-driven biodiversity data mobilisation; integrated access to distributed data resources; the provision of services for data discovery, analysis, modelling and visualisation; web-based and site-based support for users; and digital environments for scientific cooperation and experimentation.

(b)

The support to and cooperation with national and international facilities on the basis of service level agreements, with respect to data mobilisation and data sharing; computational capacity; and development of new infrastructure capabilities — including exploration of a role as a broker coordinating requirements and delivery plans between national and international facilities, institutions and organisations if so requested by them.

(c)	The building of capacity in order to foster new opportunities for large-scale scientific development; to enable accelerated data capture with new technologies; to support knowledge based decision-making for the management of biodiversity and ecosystems; and to support training programmes.

(d)	The maintenance of a capacity for the upgrading of the research infrastructure, the innovation and valorisation of knowledge and technology, and the development of new analytical capabilities.

(e)	The undertaking of any other tasks closely related to the above mentioned activities that the General Assembly may decide.

Article 1

Name, seat, location and working language

1. There shall be an e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium hereinafter referred to as ‘LifeWatch ERIC’ which is set up as a European Research Infrastructure Consortium (ERIC) under Regulation (EC) No 723/2009.

3. The statutory seat of LifeWatch ERIC shall be in Seville, Kingdom of Spain (hereinafter referred to as Host Member State).

Article 18

Duration

LifeWatch ERIC shall be established for an indefinite period of time.

Article 19

Winding up and Insolvency

1. The winding up of LifeWatch ERIC shall be decided by a qualified majority vote of the General Assembly.

2. Without undue delay and in any event within 10 days after adoption of the decision to wind up LifeWatch ERIC, LifeWatch ERIC shall notify the European Commission about the decision.

3. Upon adoption of the decision to wind up LifeWatch ERIC, its Executive Board, acting in accordance with the laws of the jurisdiction of the Host Member State, shall arrange for the liquidation of its assets and activities, under the following principles:

(a)	Any physical support item made available by the member hosting a Common Facility or Distributed Center shall be returned.

(b)

Any further assets shall be used to cover the liabilities of LifeWatch ERIC and the costs relating to its winding up. Any financial surplus shall be distributed among the members at the time of the winding up in proportion to their total basic financial contributions made from the beginning of the operation of LifeWatch ERIC.

(c)

Concerning in-kind and other contributions, the Executive Board after approval by the General Assembly and as far as practicable, may transfer LifeWatch ERIC activities and know-how to institutions with similar objectives. In case that there are no equivalent institutions, the assets other than financial surplus remaining after payment of LifeWatch ERIC debts shall be apportioned among the members in proportion to their accumulated annual contributions unless otherwise provided for under service level agreements. Where possible, allocation of assets will be made to the members who have contributed them.

4. The winding-up leading to the decommissioning of LifeWatch shall be subject to the deadlines applicable to the withdrawal and termination of membership provided for under Articles 5(1), 5(2), and 5(6).

5. LifeWatch ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

Article 14

Resources, Budgetary Principles, Liability and Insurance

3. LifeWatch ERIC shall be liable for its debts. The members shall not be jointly liable for the debts of LifeWatch ERIC. The liability of the members for the debts of LifeWatch ERIC shall be limited to their respective contributions.

CHAPTER 6

POLICIES

Article 15

Access to LifeWatch ERIC Facilities and Dissemination Policy

1. LifeWatch ERIC shall be a facilitator of research and learning and shall not restrict access to available data and algorithms unless these are in conflict with any conditions of use agreed in advance with their owner(s).

2. LifeWatch shall establish and operate its infrastructure for biodiversity and ecosystem research at the European level. The services provided shall be determined by a decision of the General Assembly which may distinguish between the services provided to members and non-members and their researchers.

3. Decisions on the prioritisation of the specific services provided by LifeWatch ERIC shall be adopted by the General Assembly, taking into consideration the outcome of an independent evaluation process lead by the Scientific and Technical Advisory Board.

4. In case the capacity to provide access is limited for financial and/or technical reasons, the General Assembly shall establish, within its available resources, competitive grant programmes to allow successful applicants to benefit from the proposed capabilities. Applications from any country over the world shall be assessed by independent Evaluation Committees nominated by the Executive Board, following suggestions from the Scientific and Technical Advisory Board. The grant programmes, the evaluation procedure and terms of reference that the General Assembly may establish shall meet generic requirements of scientific excellence and fair practices.

5. The Executive Board may propose to the General Assembly policies on requirements concerning general or ad hoc legal relationships with data users. Access for the general public shall be granted unless the services or resources are constrained by licensing conditions imposed by the owners. LifeWatch ERIC shall follow relevant European Union policies and regulations.

6. The General Assembly, subject to Article 3(2) of the Regulation (EC) No 723/2009, by an absolute majority vote may decide to charge fees for general access to specific communities or to all of them concerning specific services provided by LifeWatch ERIC, as well as to license its own tools or products either as commons or submitted to licensing.

7. The data access and dissemination policy of LifeWatch ERIC shall follow the best international practices with respect to public data, such as those established by the European Union, and shall recognize the rights of the owners of data and algorithms and shall take full account of any related ethical or legal issues. LifeWatch ERIC shall promote excellence in research, teaching and learning and support a culture of ‘best practice’ through promotional and training activities.

8. LifeWatch ERIC shall encourage researchers using LifeWatch ERIC to make their research results publicly available and shall request researchers of members to make results available through LifeWatch ERIC.

9. The dissemination policy shall identify the various target groups, and LifeWatch ERIC shall use several channels to reach these groups, such as web portal, newsletter, workshops, presence in conferences, articles in magazines and daily newspapers.

Article 16

Scientific and Technical Evaluations

1. LifeWatch ERIC shall establish a Scientific and Technical Advisory Board as an independent body of qualified scientists and experts. Its terms of reference shall be proposed by the Executive Board to the General Assembly for approval. The members of the Scientific and Technical Advisory Board shall be appointed for a term of four years' renewable. The Scientific and Technical Advisory Board may issue recommendations to the Executive Board. These recommendations shall be fully disclosed to the General Assembly which may issue Implementing Rules or Guidelines for further guidance to the Executive Board.

2. The General Assembly may approve appropriate compensation for the tasks undertaken by the members of the Scientific and Technical Advisory Board and Evaluation Committees.

3. An Ad-hoc Evaluation Committee shall be established at the fourth year of each five-year period of planning to assess the overall scientific and technical performance of LifeWatch ERIC and to make strategic recommendations for the next five-year period. Its members shall be appointed by the General Assembly, taking into account the recommendations of the Scientific and Technical Advisory Board. They shall be appointed on a personal basis, not representing any particular country or institution.

Article 17

Data Access and Intellectual Property Rights Policies

1. LifeWatch ERIC acknowledges that part of its value as an infrastructure is based on the enhancement of the benefits of knowledge which is in the public domain. Open Source and Open Access principles shall be favored.

2. LifeWatch ERIC shall provide guidance to researchers to ensure that research using material made accessible through LifeWatch ERIC shall be undertaken within a framework that recognizes the rights of data owners and privacy of individuals. Provenance of data shall be ensured and the data policy of LifeWatch ERIC, when depending on contributing external data resources and/or other infrastructures, shall be subject to agreements with these partners in accordance with this Article, and shall be managed by one of the members of the Executive Board determined by the General Assembly.

3. Users and service providers, having access to data, know-how or other intellectual property rights resources in the custody of, or generated by LifeWatch ERIC, shall acknowledge the intellectual property rights and other rights of owners vested in the submission information protocols or agreements and memoranda of understanding. LifeWatch ERIC data users and service providers must demonstrate due diligence in ensuring that rights in the data within their custody are appropriately managed.

4. LifeWatch ERIC shall ensure that users agree to the terms and conditions governing access, and that suitable security arrangements are in place regarding internal storage and handling.

5. LifeWatch ERIC shall publish the arrangements for investigating and resolving allegations of internal professional misconduct, security breaches or confidentiality disclosure regarding data and services in its custody.

Article 12

Employment Policies

1. LifeWatch ERIC shall not discriminate on the basis of race, ethnicity, religion, gender, age, physical or mental disability, sexual orientation, or because of marital or parental status. This policy shall extend to all rights, privileges and activities of staff. LifeWatch ERIC may engage in policies of affirmative action concerning female staff for which purpose the General Assembly shall approve an affirmative action plan before any staff contract is announced.

2. The CEO shall have management authority over the staff and shall be responsible for the conditions of employment and for each position announced for recruitment, subject to budgetary limits approved by the General Assembly, Implementing Rules, Guidelines and policy decisions taken by the General Assembly. The CEO, unless otherwise stated, may delegate specific functions to one or more members of the Executive Board.

3. LifeWatch ERIC's recruiting, interviewing, hiring and promotion/demotion activities shall be carried out in a manner consistent with the principles of paragraph 1 and shall abide by the principles and restrictions on employment set out in Implementing Rules, Guidelines or general mandates or policies approved by the General Assembly.

4. The employment policies set out in the Implementing Rules shall be based on the principles and conditions approved by the General Assembly and be subject to applicable laws and regulations of the Host Member State or the laws of the country where the activities of LifeWatch ERIC are conducted.

Article 13

Procurement policies and tax exemption

1. All tenders shall be published on the LifeWatch ERIC website and in the members' and observers' territories. LifeWatch ERIC shall include a declaration of tendered procurements in the annual activity report.

2. The General Assembly shall approve Implementing Rules on public procurement that shall determine the minimum amount beyond which contracts shall only be awarded after advice from the Scientific and Technical Advisory Board.

3. The procurement policy of LifeWatch ERIC shall be based on the principles of transparency, non-discrimination, and competition, taking into account the need of ensuring that bids fulfill the best technical, financial and delivery requirements, while providing advanced notification to industry and service providers about required specifications.

22.3.2017

Official Journal of the European Union

L 76/40

COMMISSION IMPLEMENTING DECISION (EU) 2017/500

of 21 March 2017

on recognition of the ‘Bonsucro EU’ voluntary scheme for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (1), and in particular the second subparagraph of Article 7c(4) thereof,

Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (2), and in particular the second subparagraph of Article 18(4) thereof,

Whereas:

(1)	Articles 7b and 7c of, and Annex IV to, Directive 98/70/EC and Articles 17 and 18 of, and Annex V to, Directive 2009/28/EC lay down similar sustainability criteria for biofuels and bioliquids, and similar procedures for the verification of compliance with those criteria.

(2)

Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC, Member States must require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

(3)

The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2) of Directive 2009/28/EC, and/or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3), (4) and (5), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. When an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State is barred from requiring the supplier to provide further evidence of compliance with the sustainability criteria.

(4)

The request to recognise that the ‘Bonsucro EU’ voluntary scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Directive 98/70/EC and Directive 2009/28/EC was submitted to the Commission on 18 October 2016. The scheme that is based in 50-52 Wharf Road, London N1 7EU, United Kingdom, covers biofuels produced from sugar cane including residues. The recognised scheme documents will be made available at the transparency platform established under Directive 2009/28/EC.

(5)

Assessment of the ‘Bonsucro EU’ voluntary scheme found it to cover adequately the sustainability criteria of Directive 98/70/EC and of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

(6)	The evaluation of the ‘Bonsucro EU’ voluntary scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex IV to Directive 98/70/EC and Annex V to Directive 2009/28/EC.

(7)	The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels and Bioliquids,

HAS ADOPTED THIS DECISION:

Article 1

The ‘Bonsucro EU’ voluntary scheme (hereinafter ‘the scheme’), submitted for recognition to the Commission on 18 October 2016, demonstrates that consignments of biofuels and bioliquids produced in accordance with the standards for the production of biofuels and bioliquids set in the scheme comply with the sustainability criteria as laid down in Article 7b(3), (4) and (5) of Directive 98/70/EC and Article 17(3), (4) and (5) of Directive 2009/28/EC.

The scheme also contains accurate data for the purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.

Article 2

The Decision is valid for a period of 5 years after it enters into force. If the contents of the scheme, as submitted for recognition to the Commission on 18 October 2016, change in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

Article 3

The Commission may decide to repeal this Decision, inter alia, under the following circumstances:

(a)	if it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision or if severe and structural breach of those elements has taken place;

(b)	if the scheme fails to submit annual reports to the Commission as provided for in Article 7c(6) of Directive 98/70/EC and Article 18(6) of Directive 2009/28/EC;

(c)

if the scheme fails to implement standards of independent auditing specified in implementing acts referred to in the third subparagraph of Article 7c(5) of Directive 98/70/EC and the third subparagraph of Article 18(5) of Directive 2009/28/EC or improvements to other elements of the scheme considered to be decisive for a continued recognition.

Article 4

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

Done at Brussels, 21 March 2017.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 350, 28.12.1998, p. 58.

(2) OJ L 140, 5.6.2009, p. 16.

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