title: 2010/261/: Commission Decision of 4 May 2010 on the Security Plan for Central SIS II and the Communication Infrastructure

text:
               5.5.2010

               EN

               Official Journal of the European Union

               L 112/31

         COMMISSION DECISION
   of 4 May 2010
   on the Security Plan for Central SIS II and the Communication Infrastructure
   (2010/261/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (1) and in particular Article 16 thereof,
   Having regard to Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (2) and in particular Article 16 thereof,
   Whereas:

               (1)

               Article 16 of Regulation (EC) No 1987/2006 and Article 16 of Decision 2007/533/JHA provide that the Management Authority, in relation to Central SIS II, and the Commission, in relation to the Communication Infrastructure, should adopt the necessary measures, including a security plan.

               (2)

               Article 15(4) of Regulation (EC) No 1987/2006 and Article 15(4) of Decision 2007/533/JHA provide that during a transitional period before the Management Authority takes up its responsibilities, the Commission should be responsible for the operational management of Central SIS II.

               (3)

               As the Management Authority has not yet been established, the security plan to be adopted by the Commission should be applicable also to Central SIS II for a transitional period.

               (4)

               Regulation (EC) No 45/2001 of the European Parliament and of the Council (3) applies to the processing of personal data by the Commission when carrying out its responsibilities in the operational management of SIS II.

               (5)

               Article 15(7) of Regulation (EC) No 1987/2006 and Article 15(7) of Decision 2007/533/JHA provide that where the Commission delegates its responsibilities during the transitional period before the Management Authority takes up its responsibilities, it shall ensure that this delegation does not adversely affect any effective control mechanism under Union law, whether of the Court of Justice, the Court of Auditors or the European Data Protection Supervisor.

               (6)

               The Management Authority should adopt its own security plan in relation to Central SIS II once it will have taken up its responsibilities. This security plan should therefore expire, to the extent it relates to the Central SIS II, when the Management Authority takes up its responsibilities.

               (7)

               Article 4(3) of Regulation (EC) No 1987/2006 and Article 4(3) of Decision 2007/533/JHA provide that CS-SIS, which performs technical supervision and administration functions, shall be located in Strasbourg (France) and a backup CS-SIS, capable of ensuring all functionalities of the principal CS-SIS in the event of failure of this system, shall be located in Sankt Johann im Pongau (Austria).

               (8)

               The security plan should foresee one System Security Officer performing security-related tasks concerning both Central SIS II and the Communication Infrastructure and two Local Security Officers performing security-related tasks concerning the Central SIS II and the Communication Infrastructure, respectively. The roles of the security officers should be laid down in order to ensure efficient and prompt response to security incidents and reporting thereof.

               (9)

               A Security Policy should be set up describing all technical and organisational details in line with the provisions of this Decision.

               (10)

               Measures should be defined to ensure the appropriate level of security of the operation of Central SIS II and the Communication Infrastructure,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject matter
   1.   This Decision establishes the security organisation and measures (security plan) for the protection of the Central SIS II and the data processed therein against threats to their availability, integrity and confidentiality within the meaning of Article 16(1) of Regulation (EC) No 1987/2006 and of Article 16(1) of Decision 2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System (SIS II) during a transitional period, until the Management Authority takes up its responsibilities.
   2.   This Decision establishes the security organisation and measures (security plan) for the protection of the Communication Infrastructure against threats to their availability, integrity and confidentiality within the meaning of Article 16 of Regulation (EC) No 1987/2006 and of Article 16 of Decision 2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System (SIS II).
   CHAPTER II

      ORGANISATION, RESPONSIBILITIES AND INCIDENT MANAGEMENT

   Article 2
   Tasks of the Commission
   1.   The Commission shall implement and monitor the effectiveness of the security measures for Central SIS II referred to in this Decision.
   2.   The Commission shall implement and monitor the effectiveness of the security measures for the Communication Infrastructure referred to in this Decision.
   3.   The Commission shall designate a System Security Officer from among its officials. The System Security Officer shall be appointed by the Director General of the Directorate-General for Justice, Freedom and Security of the Commission. The tasks of the System Security Officer shall include in particular:

               (a)

               preparation of the Security Policy as described in Article 7 of this Decision;

               (b)

               monitoring the effectiveness of the implementation of the security procedures of Central SIS II;

               (c)

               monitoring the effectiveness of the implementation of the security procedures of the Communication Infrastructure;

               (d)

               contributing to the preparation of reporting in relation to security as referred to in Article 50 of Regulation (EC) No 1987/2006 and in Article 66 of Decision 2007/533/JHA;

               (e)

               performing coordination and assistance tasks in the checks and audits performed by the European Data Protection Supervisor referred to in Article 45 of Regulation (EC) No 1987/2006 and in Article 61 of Decision 2007/533/JHA, as well as notification of incidents within the meaning of Article 5(2) to the Data Protection Officer of the Commission;

               (f)

               monitoring that this Decision and the Security Policy are applied properly and fully by any contractor including subcontractors being involved in any way in the management of Central SIS II;

               (g)

               monitoring that this Decision and the Security Policy are applied properly and fully by any contractor including subcontractors being involved in any way in the management of the Communication Infrastructure;

               (h)

               maintaining a list of single national contact points for SIS II security and sharing it with the Local Security Officer for the Communication Infrastructure;

               (i)

               sharing the list referred to in (h) with the Local Security Officer for Central SIS II.

         Article 3
   Local Security Officer for Central SIS II
   1.   Without prejudice to Article 8, the Commission shall designate a Local Security Officer for Central SIS II from among its officials. Conflicts of interest between the duty of Local Security Officer and any other official duty shall be prevented. The Local Security Officer for Central SIS II shall be appointed by the Director General of the Directorate-General for Justice, Freedom and Security of the Commission.
   2.   The Local Security Officer for Central SIS II shall ensure that the security measures referred to in this Decision are implemented and the security procedures are followed in the principal CS-SIS. As regards the backup CS-SIS, the Local Security Officer for Central SIS II shall further ensure that security measures referred to in this Decision, except those referred to in Article 9, are implemented and the security procedures relating thereto are followed.
   3.   The Local Security Officer for Central SIS II may assign any of his or her tasks to subordinate personnel. Conflicts of interest between the duty to execute these tasks and any other official duty shall be prevented. A single contact phone number and address shall allow reaching the Local Security Officer or his or her on-duty subordinate at any time.
   4.   The Local Security Officer for Central SIS II shall perform the tasks resulting from security measures to be taken at the premises where the principal CS-SIS and the backup CS-SIS are located, within the limits of paragraph 1, including in particular:

               (a)

               local operational security tasks including firewall audit, regular security testing, auditing and reporting;

               (b)

               monitoring the effectiveness of the business continuity plan and ensuring that regular exercises are conducted;

               (c)

               securing evidence on, and reporting to the System Security Officer, any incident in Central SIS II that may have an impact on the security of the Central SIS II or the Communication Infrastructure;

               (d)

               informing the System Security Officer if the Security Policy needs to be amended;

               (e)

               monitoring that this Decision and the Security Policy are applied by any contractor including subcontractors being involved in any way in the operational management of Central SIS II;

               (f)

               ensuring that the staff is made aware of their obligations and monitoring the application of the Security Policy;

               (g)

               monitoring IT security developments and ensuring that staff is trained accordingly;

               (h)

               preparing underlying information and options for the establishment, update and review of the Security Policy in accordance with Article 7.

         Article 4
   Local Security Officer for the Communication Infrastructure
   1.   Without prejudice to Article 8, the Commission shall designate a Local Security Officer for the Communication Infrastructure from among its officials. Conflicts of interest between the duty of Local Security Officer and any other official duty shall be prevented. The Local Security Officer for the Communication Infrastructure shall be appointed by the Director General of the Directorate-General for Justice, Freedom and Security of the Commission.
   2.   The Local Security Officer for the Communication Infrastructure shall monitor the functioning of the Communication Infrastructure and ensure that the security measures are implemented and the security procedures are followed.
   3.   The Local Security Officer for the Communication Infrastructure may assign any of his or her tasks to subordinate personnel. Conflicts of interest between the duty to execute these tasks and any other official duty shall be prevented. A single contact phone number and address shall allow reaching the Local Security Officer or his or her on-duty subordinate at any time.
   4.   The Local Security Officer for the Communication Infrastructure shall perform the tasks resulting from security measures to be taken at the Communication Infrastructure, including in particular:

               (a)

               all operational security tasks relating to the Communication Infrastructure, including firewall audit, regular security testing, auditing and reporting;

               (b)

               monitoring the effectiveness of the business continuity plan and ensuring that regular exercises are conducted;

               (c)

               securing evidence on, and reporting to the System Security Officer, any incident occurred in the Communication Infrastructure that may have an impact on the security of the Central SIS II or the Communication Infrastructure;

               (d)

               informing the System Security Officer if the Security Policy needs to be amended;

               (e)

               monitoring that this Decision and the Security Policy is applied by any contractor including subcontractors being involved in any way in the management of the Communication Infrastructure;

               (f)

               ensuring that the staff is made aware of their obligations and monitoring the application the Security Policy;

               (g)

               monitoring IT security developments and ensuring that staff is trained accordingly;

               (h)

               preparing underlying information and options for the establishment, update and review of the Security Policy in accordance with Article 7.

         Article 5
   Security incidents
   1.   Any event that has or may have an impact on the security of SIS II and may cause damage or loss to SIS II shall be considered as a security incident, especially where access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.
   2.   Security incidents shall be managed to ensure a quick, effective and proper response in compliance with the Security Policy. Procedures shall be established to recover from an incident.
   3.   Information regarding a security incident that has or may have an impact on the operation of SIS II in a Member State or on the availability, integrity and confidentiality of the data entered or sent by a Member State, shall be provided to the Member State concerned. Security incidents shall be notified to the Data Protection Officer of the Commission.
   Article 6
   Incident management
   1.   All staff and contractors involved in developing, managing or operating SIS II shall be required to note and report any observed or suspected security weaknesses in the Communication Infrastructure to the System Security Officer or the Local Security Officer for the Communication Infrastructure.
   2.   In case of detection of any incident that has or may have an impact on the security of SIS II, the Local Security Officer for the Communication Infrastructure shall inform as quickly as possible the System Security Officer and, where appropriate, the single national contact point for SIS II security, if such a contact point exists in the Member State in question, in writing or, in case of extreme urgency, via other communication channels. The report shall contain the description of the security incident, the level of risk, the possible consequences and the measures that have been or should be taken to mitigate the risk.
   3.   Any evidence in relation to the security incident shall be secured immediately by the Local Security Officer for the Communication Infrastructure. To the extent possible under applicable data protection provisions, such evidence shall be made available to the System Security Officer upon request of the latter.
   4.   Feedback processes shall be defined in the Security Policy to ensure that information about the type, handling and outcome of a security incident is communicated to the System Security Officer and to the Local Security Officer for the Communication Infrastructure, once the incident has been dealt with and is no longer in progress.
   5.   Paragraphs (1) to (4) shall apply mutatis mutandis to incidents in Central SIS II. To that extent, any reference to the Local Security Officer for the Communication Infrastructure in paragraphs (1) to (4) shall be read as a reference to the Local Security Officer for Central SIS II.
   CHAPTER III

      SECURITY MEASURES

   Article 7
   Security Policy
   1.   The Director-General of the Directorate General for Justice, Freedom and Security shall establish, update and regularly review a binding Security Policy in accordance with this Decision. The Security Policy shall provide for the detailed procedures and measures to protect against threats to the availability, integrity and confidentiality of the Communication Infrastructure, including emergency planning, in order to ensure the appropriate level of security as prescribed by this Decision. The Security Policy shall comply with this Decision.
   2.   The Security Policy shall be based on a risk assessment. The measures described by the Security Policy shall be proportionate to the risks identified.
   3.   The risk assessment and the Security Policy shall be updated, if technological changes, identification of new threats or any other circumstances make it necessary. The Security Policy shall be reviewed in any event on an annual basis to ensure that it is still appropriately responding to the latest risk assessment or any other newly identified technological change, threat or other relevant circumstance.
   4.   The Security Policy shall be prepared by the System Security Officer, in coordination with the Local Security Officer for Central SIS II and the Local Security Officer for the Communication Infrastructure.
   5.   Paragraphs (1) to (4) shall apply mutatis mutandis to the Security Policy for Central SIS II. To that extent, any reference to the Local Security Officer for the Communication Infrastructure in paragraphs (1) to (4) shall be read as a reference to the Local Security Officer for Central SIS II.
   Article 8
   Implementation of the security measures
   1.   The implementation of tasks and requirements laid down in this Decision and in the Security Policy, including the task of designating a Local Security Officer, may be contracted out or entrusted to private or public bodies.
   2.   In this case the Commission shall ensure through legally binding agreement that the requirements laid down in this Decision and in the Security Policy, are fully complied with. In case of delegation or contracting out of the task of designating a Local Security Officer, the Commission shall ensure through legally binding agreement that it will be consulted on the person to be designated as Local Security Officer.
   Article 9
   Facilities access control
   1.   Security perimeters with appropriate barriers and entry controls shall be used to protect areas that contain data processing facilities.
   2.   Within the security perimeters, secure areas shall be defined to protect the physical components (assets), including hardware, data media and consoles, plans and other documents on the SIS II as well as offices and other work places of staff involved in operating the SIS II. These secure areas shall be protected by appropriate entry controls to ensure that only authorised personnel are allowed access. Work in secure areas shall be subject to the detailed security rules set out in the Security Policy.
   3.   Physical security for offices, rooms and facilities shall be foreseen and installed. Access points such as delivery and loading areas and other points where unauthorised persons may enter the premises shall be controlled and, if possible, isolated from data processing facilities to avoid unauthorised access.
   4.   A physical protection of the security perimeters against damage from natural or man-made disaster shall be designed and applied proportionally to the risk.
   5.   Equipment shall be protected from physical and environmental threats and from opportunities for unauthorised access.
   6.   If such information is available to the Commission, it shall add to the list referred to in Article 2(3)(h) a single point of contact for monitoring the implementation of the provisions of this Article at the premises where the backup CS-SIS is located.
   Article 10
   Data media and asset control
   1.   Removable media containing data shall be protected against unauthorised access, misuse or corruption and its readability shall be ensured during the whole lifetime of the data.
   2.   Media shall be disposed securely and safely when no longer required, in accordance with the detailed procedures to be set out in the Security Policy.
   3.   Inventories shall ensure that information on the storage location, the applicable retention period and access authorisations are available.
   4.   All important assets of the Communication Infrastructure shall be identified, so that they can be protected in accordance with their importance. An up-to-date register of relevant IT equipment shall be kept.
   5.   An up-to-date documentation of the Communication Infrastructure shall be available. Such documentation must be protected against unauthorised access.
   6.   Paragraphs (1) to (5) shall apply mutatis mutandis to Central SIS II. To that extent, any reference to the Communication Infrastructure shall be read as a reference to Central SIS II.
   Article 11
   Storage control
   1.   Appropriate measures shall be taken to ensure proper storage of data and the prevention of unauthorised access thereto.
   2.   All items of equipment containing storage media shall be checked to ensure that sensitive data have been removed or fully overwritten prior to disposal, or shall be securely destroyed.
   Article 12
   Password control
   1.   All passwords shall be kept safely and treated confidentially. In case of suspicion that a password has been disclosed, the password has to be changed immediately or the relevant account has to be disabled. Unique and individual user identities shall be used.
   2.   Procedures shall be defined in the Security Policy for logging in and out to prevent any unauthorised access.
   Article 13
   Access control
   1.   The Security Policy shall establish a formal staff registration and de-registration procedure in place for granting and revoking access to SIS II hardware and software for the purposes of the operational management. The allocation and use of adequate access credentials (passwords or other appropriate means) shall be controlled through a formal management process as laid down in the Security Policy.
   2.   Access to SIS II hardware and software at the CS-SIS shall:

               (i)

               be restricted to authorised persons;

               (ii)

               be limited to cases where a legitimate purpose in accordance with Article 45 of Regulation (EC) No 1987/2006 and Article 61 of Decision 2007/533/JHA, or with Article 50(2) of Regulation (EC) No 1987/2006 and Article 66(2) of Decision 2007/533/JHA, can be identified;

               (iii)

               not exceed the duration and scope necessary for the purpose of the access; and

               (iv)

               take place only in accordance with an access control policy to be defined in the Security Policy.

         3.   Only the consoles and software authorised by the Local Security Officer for Central SIS II shall be used at the CS-SIS. The use of system utilities that might be capable of overriding system and application controls shall be restricted and controlled. There shall be procedures in place to control the installation of software.
   Article 14
   Communication control
   The Communication Infrastructure shall be monitored in order to provide availability, integrity and confidentiality for the information exchanges. Cryptographic means shall be used to protect the data transmitted in the communication infrastructure.
   Article 15
   Input control
   Accounts for persons authorised to access SIS II software from CS-SIS shall be monitored by the Local Security Officer for the Central SIS II. Use of those accounts, including time and user identity shall be registered.
   Article 16
   Transport control
   1.   Appropriate measures shall be defined in the Security Policy to prevent unauthorised reading, copying, modification or deletion of personal data during the transmission to or from the SIS II or during the transport of data media. Provisions shall be laid down in the Security Policy with regard to the admissible types of dispatch or transport as well as in respect of accountability procedures for the transport of items and their arrival at the place of destination. The data medium shall not contain any data other than the data which is to be sent.
   2.   Services delivered by third parties involving accessing, processing, communicating or managing data processing facilities or adding products or services to data processing facilities shall have appropriate integrated security controls.
   Article 17
   Security of the Communication Infrastructure
   1.   The Communication Infrastructure shall be adequately managed and controlled in order to protect it from threats and to ensure the security of the Communication Infrastructure itself and of Central SIS II, including data exchanged through it.
   2.   Security features, service levels and management requirements of all network services shall be identified in the network service agreement with the service provider.
   3.   Besides protecting the SIS II access points, any additional service being used by the Communication Infrastructure shall also be protected. Appropriate measures shall be defined in the Security Policy.
   Article 18
   Monitoring
   1.   Logs recording the information referred to in Article 18(1) of Regulation (EC) No 1987/2006 and Article 18(1) of Decision 2007/533/JHA relating to every access to and all exchanges of personal data within the CS-SIS shall be kept securely stored on, and accessible from, the premises where the principal CS-SIS and the backup CS-SIS are located for the maximum period referred to in Article 18(3) of Regulation (EC) No 1987/2006 and Article 18(3) of Decision 2007/533/JHA.
   2.   Procedures for monitoring use or faults in data processing facilities shall be set out in the Security Policy and the results of the monitoring activities reviewed regularly. If necessary, appropriate action shall be taken.
   3.   Logging facilities and logs shall be protected against tampering and unauthorised access in order to meet the requirements of collecting and retain evidence for the retention period.
   Article 19
   Cryptographic measures
   Cryptographic measures shall be used where appropriate for the protection of information. Their use, along with the purposes and conditions, must be approved by the System Security Officer in advance.
   CHAPTER IV

      HUMAN RESOURCES SECURITY

   Article 20
   Personnel profiles
   1.   The Security Policy shall define the functions and responsibilities of persons who are authorised to access Central SIS II.
   2.   The Security Policy shall define the functions and responsibilities of persons who are authorised to access the Communication Infrastructure.
   3.   The security roles and responsibilities of Commission staff, contractors and staff involved in operational management shall be defined, documented and communicated to the persons concerned. The job description and the objectives shall state these roles and responsibilities for Commission staff; contracts or service level agreements shall state them for contractors.
   4.   Confidentiality and secrecy agreements shall be concluded with all persons to whom no European Union or Member State public service rules apply. Staff required to work with SIS II data shall have the necessary clearance or certification in accordance with the detailed procedures to be set out in the Security Policy.
   Article 21
   Information of personnel
   1.   All staff and contractors shall receive appropriate training in security awareness, legal requirements, policies and procedures, to the extent required by their duties.
   2.   At the termination of the employment or contract, responsibilities related to job change or employment termination shall be defined for staff and contractors in the Security Policy, and procedures shall be set out in the Security Policy to manage the return of assets and the removal of access rights.
   CHAPTER V

      FINAL PROVISION

   Article 22
   Applicability
   1.   This Decision shall become applicable as of the date fixed by the Council in accordance with Article 55(2) of Regulation (EC) No 1987/2006 and Article 71(2) of Decision 2007/533/JHA.
   2.   Articles 1(1) and 2(1), Article 2(3)(b), (d), (f) and (i), Article 3, Articles 6(5), 7(5), 9(6), 10(6), 13(2) and (3), Articles 15 and 18 and Article 20(1) shall expire when the Management Authority takes up its responsibilities.

      Done at Brussels, 4 May 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 381, 28.12.2006, p. 4.

      (2)  OJ L 205, 7.8.2007, p. 63.

      (3)  OJ L 8, 12.1.2001, p. 1.


title: 2011/684/CFSP: Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria

text:
               14.10.2011

               EN

               Official Journal of the European Union

               L 269/33

         COUNCIL DECISION 2011/684/CFSP
   of 13 October 2011
   amending Decision 2011/273/CFSP concerning restrictive measures against Syria
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria. (1)

               (2)

               In view of the gravity of the situation in Syria, an additional entity should be subject to the restrictive measures set out in Decision 2011/273/CFSP with a view to preventing that entity from using funds or economic resources presently owned, held or controlled by it in order to provide financial support to the Syrian regime, whilst allowing on a temporary basis for frozen funds or economic resources subsequently received by that entity to be used in connection with the financing of trade with non-designated persons and entities.

               (3)

               Decision 2011/273/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2011/273/CFSP is hereby amended as follows:

               (1)

               Article 3 is amended as follows:

                           (i)

                           paragraph 1 is replaced by the following:
                           ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in Annex I.’;

                           (ii)

                           paragraph 8 is replaced by the following:
                           ‘8.   In cases where pursuant to paragraphs 3, 4, 5, 6 and 7 a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, the authorisation shall be limited to the purpose for which it is given and to the person concerned therewith.’;

               (2)

               Article 4 is amended as follows:

                           (i)

                           paragraphs 1 and 2 are replaced by the following:
                           ‘1.   All funds and economic resources belonging to, or owned, held or controlled by persons responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and persons and entities associated with them, as listed in Annexes I and II, shall be frozen.
                           2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, natural or legal persons or entities listed in Annexes I and II.’;

                           (ii)

                           point (a) of paragraph 3 is replaced by the following:

                                       ‘(a)

                                       necessary to satisfy the basic needs of the persons listed in Annexes I and II and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;’;

                           (iii)

                           point (a) of paragraph 4 is replaced by the following:

                                       ‘(a)

                                       the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person or entity referred to in Article 4(1) was included in Annexes I and II, or of a judicial, administrative or arbitral judgment rendered prior to that date;’;

                           (iv)

                           point (c) of paragraph 4 is replaced by the following:

                                       ‘(c)

                                       the lien or judgment is not for the benefit of a natural or legal person or entity listed in Annexes I and II; and’;

                           (v)

                           the following paragraph is added:
                           ‘5a.   Paragraph 1 shall not prevent a designated entity listed in Annex II, for a period of two months after the date of its designation, from making a payment from frozen funds or economic resources received by such entity after the date of its designation, where such payment is due under a contract in connection with the financing of trade, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.’;

               (3)

               Article 4a is replaced by the following:
               ‘Article 4a
               No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I and II, or any other person or entity in Syria, including the Government of Syria, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.’;

               (4)

               Article 5(1) is replaced by the following:
               ‘1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the lists in Annexes I and II.’;

               (5)

               Article 6 is replaced by the following:
               ‘Article 6
               1.   Annexes I and II shall include the grounds for listing the persons and entities concerned.
               2.   Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.’.

         Article 2
   The Annex to Decision 2011/273/CFSP shall become Annex I.
   Article 3
   The Annex to this Decision shall be added to Decision 2011/273/CFSP as Annex II.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 October 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 121, 10.5.2011, p. 11.

      ANNEX

            ‘ANNEX II

               List of entities referred to in Article 4(1)

               Entities

                        Name

                        Identifying information

                        Reasons

                        Date of listing

                        1.

                        Commercial Bank of Syria

                                    —

                                    Damascus Branch, P.O. Box 2231, Moawiya St., Damascus, Syria;- P.O. Box 933, Yousef Azmeh Square, Damascus, Syria;

                                    —

                                    Aleppo Branch, P.O. Box 2, Kastel Hajjarin St., Aleppo, Syria;

                              SWIFT/BIC CMSY SY DA; all offices worldwide [NPWMD]
                        Website: http://cbs-bank.sy/En-index.php
                        Tel: +963 11 2218890
                        Fax: +963 11 2216975
                        general managment: dir.cbs@mail.sy

                        State-owned bank providing financial support to the regime.

                        13.10.2011’


title: Decision of the Standing Committee of the EFTA States No 1/2007/SC of 25 October 2007 amending Decision of the Standing Committee No 5/2004/SC establishing a principle of cost sharing for the EEA Financial Mechanism

text:
               8.5.2008

               EN

               Official Journal of the European Union

               L 122/32

      DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

   No 1/2007/SC
   of 25 October 2007
   amending Decision of the Standing Committee No 5/2004/SC establishing a principle of cost sharing for the EEA Financial Mechanism
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
   Having regard to Protocol 38a on the EEA Financial Mechanism inserted into the EEA Agreement by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic in the European Economic Area, and amended by the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area,
   Having regard to the Decision of the Standing Committee of the EFTA States No 5/2004/SC of 23 September 2004 establishing a principle of cost sharing for the EEA Financial Mechanism,
   Having regard to the fact that Liechtenstein now is in the position to produce its own official data on Gross Domestic Product (GDP),
   HAS DECIDED AS FOLLOWS:
   Article 1
   Paragraph 6 and 7 of the Annex to the Decision of the Standing Committee No 5/2004/SC establishing a principle of cost sharing for the EEA Financial Mechanism shall be replaced by the following:

                  ‘6.

                  The GDP data on which the contributions for a specific year t are to be based, shall be delivered by 1 February of the same year and shall relate to the years t-4, t-3 and t-2. For Liechtenstein, the three most recent years for which data is available shall be used.’

   Article 2
   This Decision shall take immediate effect. It shall apply for the first time for the tranche 2007-2008.
   Article 3
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 25 October 2007.

            For the Standing Committee

            The Chairman

         Stefán Haukur JÓHANNESSON

            The Secretary-General

         Kåre BRYN


title: 2012/488/EU: Council Decision of 22 June 2012 on the position to be taken by the European Union within the Committee on Trade and Sustainable Development set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the operation of the Civil Society Forum and the establishment of the Panel of Experts to examine the matters in the areas falling within the scope of the Committee on Trade and Sustainable Development

text:
               28.8.2012

               EN

               Official Journal of the European Union

               L 231/1

         COUNCIL DECISION
   of 22 June 2012
   on the position to be taken by the European Union within the Committee on Trade and Sustainable Development set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the operation of the Civil Society Forum and the establishment of the Panel of Experts to examine the matters in the areas falling within the scope of the Committee on Trade and Sustainable Development
   (2012/488/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 April 2007 the Council authorised the Commission to negotiate a free trade agreement with the Republic of Korea on behalf of the European Union and its Member States.

               (2)

               The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (‘the Agreement’), was signed on 6 October 2010.

               (3)

               Pursuant to Article 15.10(5) of the Agreement, the Agreement has been provisionally applied since 1 July 2011 subject to its conclusion at a later date.

               (4)

               Article 13.13(1) of the Agreement provides that the parties shall agree by decision of the Committee on Trade and Sustainable Development (TSD) (‘the EU-Korea Committee on Trade and Sustainable Development’) on the operation of the Civil Society Forum no later than one year after the entry into force of the Agreement.

               (5)

               Article 13.15(3) foresees the establishment of a list of persons who could be called to serve in a Panel of Experts to examine any matter arising under the TSD chapter that could not be satisfactorily addressed through government consultations.

               (6)

               The Union should determine the position to be taken with regard to the operation of the Civil Society Forum and the list of persons who could be called to serve as experts,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Union in the EU-Korea Committee on Trade and Sustainable Development set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards:

               (a)

               the operation of the Civil Society Forum foreseen in Article 13.13(1) of the Agreement; and

               (b)

               the establishment of a list of qualified individuals to serve as panellists, in accordance with Article 13.15(3) of the Agreement;

         shall be based on the draft decisions of the EU-Korea Committee on Trade and Sustainable Development attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 22 June 2012.

            For the Council

            The President

         M. VESTAGER

      (1)  OJ L 127, 14.5.2011, p. 6.

      DRAFT
      DECISION No …/2012 OF THE EU-KOREA COMMITTEE ON TRADE AND SUSTAINABLE DEVELOPMENT
      of …
      on the adoption of the rules of operation of the Civil Society Forum as required by Article 13.13 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
      THE EU-KOREA COMMITTEE ON TRADE AND SUSTAINABLE DEVELOPMENT,
      Having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010 (‘the Agreement’), and in particular Article 13.13 thereof,
      Whereas:

                  (1)

                  Article 13.13 of the Agreement provides that members of the Domestic Advisory Group(s) from each Party shall meet at a Civil Society Forum.

                  (2)

                  The composition of the Civil Society Forum shall ensure a balanced representation of members of the Domestic Advisory Group(s).

                  (3)

                  The Parties shall agree by decision of the EU-Korea Committee on Trade and Sustainable Development on the operation of the Civil Society Forum no later than one year after the entry into force of the Agreement,

            HAS ADOPTED THIS DECISION:
      Article 1
      The rules of operation of the Civil Society Forum, as set out in the Annex to this Decision, are hereby established.
      Article 2
      This Decision shall enter into force on the day of its adoption

         Done at … on …

            For the EU-Korea Committee on Trade and Sustainable Development

               Co-chair of the EU-Korea Committee on Trade and Sustainable Development of the Republic of Korea

               Co-chair of the EU-Korea Committee on Trade and Sustainable Development of the European Union

         ANNEX

            RULES OF OPERATION OF THE CIVIL SOCIETY FORUM

         Article 1
         The Civil Society Forum will be composed of 12 members of the EU Domestic Advisory Group and 12 members of the Domestic Advisory Groups of Korea designated by the Domestic Advisory Groups themselves. Members may be accompanied by expert advisors. Representatives of the Civil Society Forum from each Party shall include at least three representatives of business organisations, trade unions and environmental non-governmental organisations respectively.
         Article 2
         The Civil Society Forum shall have an EU and a Korean co-chair. The co-chairs will be appointed by the EU Domestic Advisory Group and the Korean Domestic Advisory Group(s), respectively, among their participants in the Civil Society Forum.
         The co-chairs will draw up the agenda of the Civil Society Forum meetings, based on requests by their respective Domestic Advisory Groups. In addition, the agenda shall include the following regular items:

                     (a)

                     Information by the Parties on the implementation of the Chapter on Trade and Sustainable Development;

                     (b)

                     Reports of consultations undertaken under Article 13.14 and about work undertaken by Panel of experts under Article 13.15.

               Article 3
         The Civil Society Forum shall meet at least once a year, alternating between Brussels and Seoul, unless otherwise agreed by the Parties. An extraordinary meeting may be held upon request of one of the Domestic Advisory Groups.

      DRAFT
      DECISION No …/2012 OF THE EU-KOREA COMMITTEE ON TRADE AND SUSTAINABLE DEVELOPMENT
      of …
      on the establishment of a Panel of Experts referred to in Article 13.15 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
      THE EU-KOREA COMMITTEE ON TRADE AND SUSTAINABLE DEVELOPMENT,
      Having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010 (‘the Parties’ and ‘the Agreement’), and in particular Article 13.15 thereof,
      Whereas:

                  (1)

                  A Party may request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations.

                  (2)

                  The implementation of the recommendations of the Panel of Experts shall be monitored by the EU-Korea Committee on Trade and Sustainable Development.

                  (3)

                  The Parties have developed a list of 18 names, as specified in the Annex to this Decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The list of experts who may serve as panellists for the purposes of Article 13.15 of the Agreement is set out in the Annex to this Decision, and is hereby agreed.
      Article 2
      This Decision shall enter into force on the date of its adoption and shall be reported to the EU-Korea Trade Committee.

         Done at … on …

            For the EU-Korea Committee on Trade and Sustainable Development

               Co-chair of the EU-Korea Committee on Trade and Sustainable Development of the Republic of Korea

               Co-chair of the EU-Korea Committee on Trade and Sustainable Development of the European Union

         ANNEX

            LIST OF EXPERTS

            Experts proposed by Korea

                     Kee-whahn CHAH

                     Young Gil CHO

                     Weon Jung KIM

                     Suh-Yong CHUNG

                     Taek-Whan HAN

                     Won-Mog CHOI

            Experts proposed by the EU

                     Eddy LAURIJSSEN

                     Jorge CARDONA

                     Karin LUKAS

                     Hélène RUIZ FABRI

                     Laurence BOISSON DE CHAZOURNES

                     Geert VAN CALSTER

            Chairpersons

                     Thomas P. PINANSKY

                     Nguyen Van TAI

                     Le HA THANH

                     Jill MURRAY

                     Ricardo MELÉNDEZ-ORTIZ

                     Nathalie BERNASCONI-OSTERWALDER


Avis juridique important

|

31987D0554

87/554/EEC: Council Decision of 23 November 1987 concerning the conclusion of the International Agreement on Jute and Jute Products (1982)

Official Journal L 337 , 27/11/1987 P. 0073 - 0073

*****COUNCIL  DECISION  of 23 November 1987  concerning the conclusion of the International Agreement on Jute and Jute Products (1982)  (87/554/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the International Agreement on Jute and Jute Products (1982) was signed on behalf of the Community on 6 June 1983; whereas in accordance with Council Decision 83/328/EEC of 26 May 1983 on the signature and notification of provisional application of the Agreement (1), 10 Member States have signed the said Agreement;  Whereas, pursuant to the said Decision, the Secretary-General of the United Nations Organization was informed that the Community intended to set in motion the institutional procedure necessary for the Agreement to be approved and that it would apply the Agreement provisionally as from its entry into force in accordance with Article 40;  Whereas the aims pursued by the Agreement fall in part, within the framework of common trade policy and, in part, within that of technical cooperation or development cooperation; whereas application of the Agreement thus presupposes both Community action and joint action by the Member States;  Whereas subsequently the Signatory Member States have ratified the Agreement and two Member States have acceded to the Agreement;  Whereas the Agreement has entered into force definitively;  Whereas the Community should approve the International Agreement on Jute and Jute Products (1982) in accordance with Article 37 thereof,  HAS DECIDED AS FOLLOWS:  Article 1  The International Agreement on Jute and Jute Products (1982) is hereby approved on behalf of the European Economic Community.  The text of the Agreement is attached to Decision 83/328/EEC.  Article 2  The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of approval.  Done at Brussels, 23 November 1987.  For the Council  The President  U. ELLEMANN-JENSEN  (1) OJ No L 185, 8. 7. 1983, p. 1.


title: Council Decision (CFSP) 2015/555 of 7 April 2015 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

text:
               8.4.2015

               EN

               Official Journal of the European Union

               L 92/91

         COUNCIL DECISION (CFSP) 2015/555
   of 7 April 2015
   amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/235/CFSP, the restrictive measures therein should be renewed until 13 April 2016.

               (3)

               The Council has also concluded that the entries concerning certain persons and one entity included in the Annex to Decision 2011/235/CFSP should be updated.

               (4)

               Furthermore, there are no longer grounds for keeping two persons on the list of persons and entities subject to restrictive measures set out in the Annex to Decision 2011/235/CFSP.

               (5)

               In addition, one entry concerning a person already included in the Annex to Decision 2011/235/CFSP should be deleted.

               (6)

               Decision 2011/235/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 6(2) of Decision 2011/235/CFSP is replaced by the following:

      ‘2.   This Decision shall apply until 13 April 2016. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’

   Article 2
   The Annex to Decision 2011/235/CFSP is amended as set out in the Annex to this Decision.
   Article 3
   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, 7 April 2015.

            For the Council

            The President

         E. RINKĒVIČS

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

      ANNEX

                  (1)

                  The entries for the following persons shall be deleted from the list set out in the Annex to Decision 2011/235/CFSP:

                              42.

                              HEYDARI Nabiollah

                              70.

                              REZVANI Gholomani

                              72.

                              ELAHI Mousa Khalil

                  (2)

                  The entries for the following persons and entity as set out in the Annex to Decision 2011/235/CFSP shall be replaced by the entries below:

                     Persons

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              10.

                              RADAN Ahmad-Reza

                              POB: Isfahan (Iran) — DOB:1963

                              Head of the Police Strategic Studies Centre, former Deputy Chief of Iran's National Police until June 2014. As Deputy Chief of National Police from 2008, Radan was responsible for beatings, murder, and arbitrary arrests and detentions against protestors that were committed by the police forces.

                              12.4.2011

                              13.

                              TAEB Hossein

                              POB: Tehran — DOB: 1963

                              Deputy IRGC commander for intelligence. Former Commander of the Basij until October 2009. Forces under his command participated in mass beatings, murders, detentions and tortures of peaceful protestors.

                              12.4.2011

                              14.

                              SHARIATI Seyeed Hassan

                              Former Head of Mashhad Judiciary until September 2014. Likely to be currently in a process of reassignment to another function. Trials under his supervision have been conducted summarily and inside closed sessions, without adherence to basic rights of the accused, and with reliance on confessions extracted under pressure and torture. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              12.4.2011

                              15.

                              DORRI- NADJAFABADI Ghorban-Ali

                              POB: Najafabad (Iran) — DOB: 1945

                              Member of the Assembly of Experts and representative of the Supreme Leader in Markazi (‘Central’) Province. Former Prosecutor General of Iran until September 2009, as well as former Intelligence minister under Khatami presidency.
                              As Prosecutor General of Iran, he ordered and supervised the show trials following the first post-election protests, where the accused were denied their rights, and an attorney. He also carries responsibility for the Kahrizak abuses.

                              12.4.2011

                              16.

                              HADDAD Hassan (alias Hassan ZAREH DEHNAVI)

                              Former Judge, Tehran Revolutionary Court, branch 26. He was in charge of the detainee cases related to the post-election crises and regularly threatened families of detainees in order to silence them. He has been instrumental in issuing detention orders to the Kahrizak Detention Centre. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              18.

                              HEYDARIFAR Ali-Akbar

                              Former Judge, Tehran Revolutionary Court. He participated in protesters trials. He was questioned by the Judiciary about Kahrizak exactions. He was instrumental in issuing detention orders to consign detainees to Kahrizak Detention Centre. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              19.

                              JAFARI- DOLATABADI Abbas

                              POB: Yazd (Iran) — DOB: 1953

                              Prosecutor general of Tehran since August 2009. Dolatabadi's office indicted a large number of protesters, including individuals who took part in the December 2009 Ashura Day protests. He ordered the closure of Karroubi's office in September 2009 and the arrest of several reformist politicians, and he banned two reformist political parties in June 2010. His office charged protesters with the charge of Muharebeh, or enmity against God, which carries a death sentence, and denied due process to those facing the death sentence. His office also targeted and arrested reformists, human rights activists, and members of the media, as part of a broad crackdown on the political opposition.

                              20.

                              MOGHISSEH Mohammad (a.k.a. NASSERIAN)

                              Judge, Head of Tehran Revolutionary Court, branch 28. He has dealt with post-election cases. He issued long prison sentences during unfair trials for social, political activists and journalists and several death sentences for protesters and social and political activists.

                              12.4.2011

                              21.

                              MOHSENI-EJEI Gholam-Hossein

                              POB: Ejiyeh -DOB: circa 1956

                              Prosecutor General of Iran since September 2009 and spokesman of the Judiciary, and former Intelligence minister during the 2009 elections. While he was Intelligence minister during the 2009 election, intelligence agents under his command were responsible for detention, torture and extraction of false confessions under pressure from hundreds of activists, journalists, dissidents, and reformist politicians. In addition, political figures were coerced into making false confessions under unbearable interrogations, which included torture, abuse, blackmail, and the threatening of family members.

                              12.4.2011

                              22.

                              MORTAZAVI Said

                              POB: Meybod, Yazd (Iran) — DOB: 1967

                              Former Prosecutor General of Tehran until August 2009.
                              As Tehran Prosecutor General, he issued a blanket order used for the detention of hundreds of activists, journalists and students. In January 2010 a parliamentary investigation held him directly responsible for the detention of three prisoners who subsequently died in custody. He was suspended from office in August 2010 after an investigation by the Iranian judiciary into his role in the deaths of the three men detained on his orders following the election. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              23.

                              PIR-ABASSI Abbas

                              Judge, Tehran Revolutionary Court, branch 26. He is in charge of post-election cases, he issued long prison sentences during unfair trials against human rights activists and has issued several death sentences for protesters.

                              12.4.2011

                              28.

                              YASAGHI Ali-Akbar

                              Judge of the Supreme Court. Former Chief Judge, Mashhad Revolutionary Court. Trials under his jurisdiction have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              12.4.2011

                              30.

                              ESMAILI Gholam-Hossein

                              Head of the Tehran Judiciary. Former Head of Iran's Prisons Organisation. In this capacity, he was complicit to the massive detention of political protesters and covering up abuses performed in the jailing system.

                              12.4.2011

                              34.

                              AKBARSHAHI Ali-Reza

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

                              10.10.2011

                              36.

                              AVAEE Seyyed Ali-Reza (Aka: AVAEE Seyyed Alireza)

                              Advisor to the Disciplinary Court for Judges since April 2014. Former President of the Tehran Judiciary. As President of the Tehran Judiciary he has been responsible for human rights violations, arbitrary arrests, denials of prisoners' rights and an increase in executions.

                              10.10.2011

                              37.

                              BANESHI Jaber

                              Advisor to the Judiciary in Iran. Former Prosecutor of Shiraz until 2012. He was responsible for the excessive and increasing use of the death penalty by handing down dozens of death sentences. Prosecutor during the Shiraz bombing case in 2008, which was used by the regime to sentence to death several opponents of the regime.

                              10.10.2011

                              40.

                              HABIBI Mohammad Reza

                              Deputy Prosecutor of Isfahan. Complicit in proceedings denying defendants a fair trial — such as Abdollah Fathi executed in May 2011 after his right to be heard and mental health issues were ignored by Habibi during his trial in March 2010. He is, therefore, complicit in a grave violation of the right to due process, contributing to the excessive and increasing use of the death penalty and a sharp increase in executions since the beginning of 2011.

                              10.10.2011

                              41.

                              HEJAZI Mohammad

                              POB: Ispahan DOB: 1956

                              Deputy Head of the Armed Forces, he has played a key role in intimidating and threatening Iran's ‘enemies’, and the bombing of Iraqi Kurdish villages. Former Head of the IRGC's Sarollah Corps in Tehran, and former Head of the Basij Forces, he played a central role in the post-election crackdown of protesters.

                              10.10.2011

                              47.

                              KHALILOLLAHI Moussa (Aka: KHALILOLLAHI Mousa, ELAHI Mousa Khalil)

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

                              10.10.2011

                              48.

                              MAHSOULI Sadeq (Aka: MAHSULI, Sadeq)

                              POB: Oroumieh (Iran) DOB: 1959/60

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

                              10.10.2011

                              49.

                              MALEKI Mojtaba

                              Prosecutor of Kermanshah. Has played a role in the dramatic increase in death sentences being passed in Iran, including prosecuting the cases of seven prisoners convicted of drug trafficking who were hanged on the same day on 3 January 2010 in Kermanshah's central prison.

                              10.10.2011

                              52.

                              KHODAEI SOURI Hojatollah

                              POB: Selseleh (Iran) — DOB: 1964

                              Member of the National Security and Foreign policy Committee. Parliamentary deputy for Lorestan Province. Member of the Parliamentary Commission for Foreign and Security Policy. Former head of Evin prison until 2012. Torture was a common practice in Evin prison while Souri was its head. In Ward 209, many activists were held for their peaceful activities in opposition to the ruling government.

                              10.10.2011

                              53.

                              TALA Hossein (Aka: TALA Hosseyn)

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

                              10.10.2011

                              54.

                              TAMADDON Morteza (Aka: TAMADON Morteza)

                              POB: Shahr Kord-Isfahan DOB: 1959

                              Head of Tehran provincial Public Security Council. Former IRGC Governor-General of Tehran Province.
                              In his capacity as governor and head of Tehran provincial Public Security Council, he bears overall responsibility for all repressive activities undertaken by the IRGC in Tehran province, including cracking down on political protests since June 2009.

                              10.10.2011

                              57.

                              HAJMOHAM- MADI Aziz

                              Judge at the Tehran Provincial Criminal Court. Former judge at the first chamber of the Evin Court. He conducted several trials of demonstrators, inter alia, that of Abdol-Reza Ghanbari, a teacher arrested in January 2010 and sentenced to death for his political activities. The Evin court of first instance was established within the walls of Evin prison, a fact welcomed by Jafari Dolatabadi in March 2010. In this prison some accused persons have been confined, mistreated and forced to make false statements.

                              10.10.2011

                              59.

                              BAKHTIARI Seyyed Morteza

                              POB: Mashad (Iran) DOB: 1952

                              Deputy General Attorney, responsible for political and security issues. Former Minister of Justice from 2009 to 2013.
                              During his time as Minister of Justice, prison conditions within Iran fell well below accepted international standards, and there was widespread mistreatment of prisoners. In addition, he played a key role in threatening and harassing the Iranian diaspora by announcing the establishment of a special court to deal specifically with Iranians who live outside the country. He also oversaw a sharp increase in the number of executions in Iran, including secret executions not announced by the government, and executions for drug-related offenses.

                              10.10.2011

                              60.

                              HOSSEINI Dr Mohammad (Aka: HOSSEYNI, Dr Seyyed Mohammad; Seyed, Sayyed and Sayyid)

                              POB: Rafsanjan, Kerman DOB: 1961

                              Advisor to Former President and current member of the Expediency Council Mahmoud Ahmadinejad. Former Minister of Culture and Islamic Guidance (2009-2013). Ex-IRGC, he was complicit in the repression of journalists.

                              10.10.2011

                              61.

                              MOSLEHI Heydar (Aka: MOSLEHI Heidar; MOSLEHI Haidar)

                              POB: Isfahan (Iran) DOB: 1956

                              Head of the organization for publications on the role of the clergy at war. Former Minister of Intelligence (2009-2013).
                              Under his leadership, the Ministry of Intelligence continued the practices of widespread arbitrary detention and persecution of protesters and dissidents. The Ministry of Intelligence runs Ward 209 of Evin Prison, where many activists have been held on account of their peaceful activities in opposition to the government in power. Interrogators from the Ministry of Intelligence have subjected prisoners in Ward 209 to beatings and mental and sexual abuse.

                              10.10.2011

                              62.

                              ZARGHAMI Ezzatollah

                              POB: Dezful (Iran) DOB: 22 July 1959

                              Head of Islamic Republic of Iran Broadcasting (IRIB) until November 2014. Likely to be currently in a process of reassignment to another function. Under his tenure at IRIB, he was responsible for all programming decisions. IRIB has broadcast forced confessions of detainees and a series of ‘show trials’ in August 2009 and December 2011. These constitute a clear violation of international provisions on fair trial and the right to due process.

                              23.3.2012

                              63.

                              TAGHIPOUR Reza

                              POB: Maragheh (Iran) DOB: 1957

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

                              23.3.2012

                              64.

                              KAZEMI Toraj

                              Colonel of the technology and communications police, he announced a campaign for the recruitment of government hackers in order to achieve better control of information on the internet and attack ‘dangerous’ sites.

                              23.3.2012

                              65.

                              LARIJANI Sadeq

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

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

                              23.3.2012

                              66.

                              MIRHEJAZI Ali

                              Part of the Supreme Leader's inner circle, one of those responsible for planning the suppression of protests which has been implemented since 2009, and associated with those responsible for supressing the protests.

                              23.3.2012

                              68.

                              RAMIN Mohammad-Ali

                              POB: Dezful (Iran) DOB: 1954

                              Secretary-general of the World Holocaust Foundation, established at the International Conference to Review the Global Vision of the Holocaust in 2006, which Ramin was responsible for organising on behalf of the Iranian Government. Main figure responsible for censorship as Vice-Minister in charge of the Press up to December 2013, being directly responsible for the closure of many reforming newspapers (Etemad, Etemad-e Melli, Shargh, etc.), closure of the Independent Press Syndicate and the intimidation or arrest of journalists.

                              23.3.2012

                              69.

                              MORTAZAVI Seyyed Solat

                              POB: Meibod (Iran) DOB: 1967

                              Mayor of the second largest city of Iran, Mashad, where public executions regularly happen. Former Deputy Interior Minister for Political Affairs. He was responsible for directing repression of persons who spoke up in defence of their legitimate rights, including freedom of expression. Later appointed as Head of the Iranian Election Committee for the parliamentarian elections in 2012 and for the presidential elections in 2013.

                              23.3.2012

                              73.

                              FAHRADI Ali

                              Prosecutor of Karaj. Responsible for grave violations of human rights, including prosecuting trials in which the death penalty is passed. There have been a high number of executions in Karaj region during his time as prosecutor.

                              23.3.2012

                              74.

                              REZVANMA- NESH Ali

                              Prosecutor. Responsible for grave violation of human rights, including involvement in the execution of a juvenile.

                              23.3.2012

                              75.

                              RAMEZANI Gholamhosein

                              Security Chief at the Ministry of Defence. Former Chief of Protection and Security at the IRGC until March 2012. Ex-Commander of IRGC Intelligence until October 2009. Involved in the suppression of freedom of expression, including by being associated with those responsible for the arrests of bloggers/journalists in 2004, and reported to have had a role in the suppression of the post-election protests in 2009.

                              23.3.2012

                              77.

                              JAFARI Reza

                              DOB: 1967

                              Advisor to the Disciplinary Court for Judges since 2012. Member of the ‘Committee for Determining Criminal Web Content’, a body responsible for web sites and social media censorship. Former Head of special prosecution of cyber crime between 2007 and 2012. Was responsible for the repression of freedom of expression, including through the arrest, detention and prosecution of bloggers and journalists. Persons arrested on suspicion of cyber crime were mistreated and the subject of an unfair judicial process.

                              23.3.2012

                              78.

                              RESHTE- AHMADI Bahram

                              Judge of an ordinary court of northern Tehran. Former Supervisor of Public Prosecution Office in Tehran. Deputy Head of the Office of Prison Affairs of Tehran Province. Former Deputy Prosecutor in Tehran until 2013. He ran Evin prosecution centre. Was responsible for the denial of rights, including visits and other prisoner's rights, to human rights defenders and political prisoners.

                              23.3.2012

                              79.

                              RASHIDI AGHDAM, Ali Ashraf

                              Head of Evin Prison, appointed in mid-2012. Since his appointment, conditions in the prison deteriorated and reports referenced intensified ill-treatment of prisoners. In October 2012, nine female prisoners went on hunger strike in protest of the violation of their rights and violent treatment by prison guards.

                              12.3.2013

                              80.

                              KIASATI Morteza

                              Judge of the Ahwaz Revolutionary Court, Branch 4, imposed death sentences on four Arab political prisoners, Taha Heidarian, Abbas Heidarian, Abd al-Rahman Heidarian (three brothers) and Ali Sharifi. They were arrested, tortured and hanged without due process. These cases and the lack of due process were referenced in a report dated 13 September 2012 by the UN Special Rapporteur on human rights in Iran, the UN Secretary General's report on Iran of 22 August 2012.

                              12.3.2013

                              81.

                              MOUSSAVI, Seyed Mohammad Bagher

                              Ahwaz Revolutionary Court judge, Branch 2, imposed death sentences on five Ahwazi Arabs, Mohammad Ali Amouri, Hashem Sha'bani Amouri, Hadi Rashedi, Sayed Jaber Alboshoka, Sayed Mokhtar Alboshoka, on 17 March 2012 for ‘activities against national security’ and ‘enmity against God’. The sentences were upheld by Iran's Supreme Court on 9 January 2013. The five were arrested without charge for over a year, tortured and sentenced without due process.

                              12.3.2013

                              82.

                              SARAFRAZ, Mohammad (Dr.) (aka: Haj-agha Sarafraz)

                              Date of Birth: appr. 1963 Place of Birth: Tehran Place of Residence: Tehran Place of Work: IRIB and PressTV HQ, Tehran

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

                              12.3.2013

                              83.

                              JAFARI, Asadollah

                              Prosecutor of Mazandaran Province, responsible for illegal arrests and violations of the rights of Baha'i detainees from initial arrest to keeping them in solitary confinement in the Intelligence Detention Centre. Six concrete examples of cases where due process was violated have been documented. Jafari has prosecuted cases that have resulted in many executions, including public executions.

                              12.3.2013

                              85.

                              HAMLBAR, Rahim

                              Judge of Branch 1 of Tabriz Revolutionary Court. Responsible for heavy sentences against journalists and Azeri ethnic minority and workers' rights activists, accusing them of spying, acts against national security, propaganda against the Iranian regime and insulting the leader of Iran. His judgments did not follow due process on many occasions and detainees were forced into false confessions. A high profile case involved 20 volunteer earthquake relief workers (following an earthquake in Iran in August 2012) to whom he gave prison sentences for their attempts to assist earthquake victims. The court found the workers guilty of ‘collaboration in assembly and collusion to commit crimes against national security.’

                              12.3.2013

                              86.

                              MUSAVI- TABAR, Seyyed Reza

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

                              12.3.2013

                     Entities

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              1.

                              Centre to Investigate Organized Crime (aka: Cyber Crime Office or Cyber Police)

                              Location: Tehran, Iran Website: http://www.cyberpolice.ir

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


title: 2007/127/EC: Council Decision of 19 February 2007 extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

text:
               22.2.2007

               EN

               Official Journal of the European Union

               L 53/23

      COUNCIL DECISION

   of 19 February 2007
   extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
   (2007/127/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 300(2) thereof,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 August 2005 (2),
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3) and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               By Decision 2002/148/EC (4), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.

               (2)

               By Decision 2006/114/EC the application of the measures referred to in Article 2 of Decision 2002/148/EC, which had been extended until 20 February 2004 by Article 1 of Decision 2003/112/EC (5), until 20 February 2005 by Article 1 of Decision 2004/157/EC (6) and until 20 February 2006 by Article 1 of Decision 2005/139/EC (7), were extended for a further period of 12 months until 20 February 2007.

               (3)

               The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Zimbabwe and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.

               (4)

               The period of application of the measures should therefore be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The period of application of the measures referred to in Article 2 of Decision 2002/148/EC shall be extended until 20 February 2008. The measures shall be kept under constant review.
   The letter in the Annex to this Decision shall be addressed to the President of Zimbabwe.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 19 February 2007.

            For the Council

            The President

         M. GLOS

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 209, 11.08.2005, p. 25.

      (3)  OJ L 317, 15.12.2000, p. 376. Internal Agreement as last amended by Internal Agreement of 10 April 2006 (OJ L 247, 9.9.2006, p. 48).

      (4)  OJ L 50, 21.2.2002, p. 64. Decision as last amended by Decision 2006/114/EC (OJ L 48, 18.2.2006, p. 26).

      (5)  OJ L 46, 20.2.2003, p. 25.

      (6)  OJ L 50, 20.2.2004, p. 60.

      (7)  OJ L 48, 19.2.2005, p. 28.

      ANNEX
      Brussels, 21 February 2007
      The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law are the basis of our relations.
      By letter of 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the ACP-EC Partnership Agreement and to take certain ‘appropriate measures’ within the meaning of Article 96(2)(c) of that Agreement.
      By letters of 19 February 2003, 19 February 2004, 18 February 2005 and 15 February 2006, the European Union informed you of its decisions not to revoke the application of the ‘appropriate measures’ and to extend the period of application until 20 February 2004, 20 February 2005, 20 February 2006 and 20 February 2007 respectively.
      Twelve months later, the European Union considers that no significant progress has been made in the five areas referred to in the Council Decision of 18 February 2002.
      In the light of the above, the European Union does not consider that the appropriate measures can be revoked and it has decided to extend their period of application until 20 February 2008.
      The European Union would once again emphasise that it is not penalising the Zimbabwean people and it will continue its contribution to operations of a humanitarian nature and projects in direct support of the population, in particular projects in social sectors, democratisation, respect for human rights and the rule of law, which are not affected by these measures.
      The European Union wishes to recall that the application of appropriate measures within the meaning of Article 96 of the ACP-EC Partnership Agreement is no obstacle to political dialogue as defined in the provisions of Article 8 of that same Agreement.
      With this in mind, the European Union wishes to underline once again the importance that it attaches to future EC-Zimbabwe cooperation. The European Union wishes to confirm its willingness to continue to make use of the opportunity provided by the ongoing 10th EDF programming exercise to carry on the dialogue and, as soon as conditions allow, to make progress towards a situation where the resumption of full cooperation becomes possible.
      Yours faithfully,

            For the Commission

         J.M. BARROSO

            For the Council

         M. GLOS