Decision (EU) 2024/2830 of the European Central Bank of 29 October 2024 amending Decision (EU) 2022/911 concerning the terms and conditions of TARGET-ECB (ECB/2022/22) (ECB/2024/30)

Official Journalof the European Union ENL series
2024/2830 5.11.2024
(1) The Governing Council adopted Decision (EU) 2024/1209 of the European Central Bank (ECB/2024/11)(1)on 16 April 2024 as a single legal act containing provisions on the remuneration of non-monetary policy deposits in order to enhance transparency and consistency. Non-monetary policy deposits also encompass certain deposits falling within the scope of Guideline (EU) 2022/912 of the European Central Bank (ECB/2022/8)(2)and Decision (EU) 2022/911 of the European Central Bank (ECB/2022/22)(3).
(2) On 30 July 2024, the Governing Council adopted Guideline (EU) 2024/2616 of the European Central Bank (ECB/2024/20)(4), which amends Guideline (EU) 2022/912 (ECB/2022/8) by, inter alia, replacing certain provisions on remuneration set out in that Guideline with references to the relevant provisions of Decision (EU) 2024/1209 (ECB/2024/11).
(3) Consequently, certain provisions on remuneration set out in Decision (EU) 2022/911 (ECB/2022/22) should also be replaced by references to the relevant provisions of Decision (EU) 2024/1209 (ECB/2024/11).
(4) Given that Decision (EU) 2024/1209 (ECB/2024/11) and Guideline (EU) 2024/2616 (ECB/2024/20) will apply from 1 December 2024, the provisions of this Decision should apply from the same date, to ensure legal certainty.
(5) Therefore, Decision (EU) 2022/911 (ECB/2022/22) should be amended accordingly,
THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first and fourth indents of Article 127(2) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 3.1 and Articles 17, 22 and 23 thereof,
Whereas:
(1) The Governing Council adopted Decision (EU) 2024/1209 of the European Central Bank (ECB/2024/11) (1) on 16 April 2024 as a single legal act containing provisions on the remuneration of non-monetary policy deposits in order to enhance transparency and consistency. Non-monetary policy deposits also encompass certain deposits falling within the scope of Guideline (EU) 2022/912 of the European Central Bank (ECB/2022/8) (2) and Decision (EU) 2022/911 of the European Central Bank (ECB/2022/22) (3).
(2) On 30 July 2024, the Governing Council adopted Guideline (EU) 2024/2616 of the European Central Bank (ECB/2024/20) (4), which amends Guideline (EU) 2022/912 (ECB/2022/8) by, inter alia, replacing certain provisions on remuneration set out in that Guideline with references to the relevant provisions of Decision (EU) 2024/1209 (ECB/2024/11).
(3) Consequently, certain provisions on remuneration set out in Decision (EU) 2022/911 (ECB/2022/22) should also be replaced by references to the relevant provisions of Decision (EU) 2024/1209 (ECB/2024/11).
(4) Given that Decision (EU) 2024/1209 (ECB/2024/11) and Guideline (EU) 2024/2616 (ECB/2024/20) will apply from 1 December 2024, the provisions of this Decision should apply from the same date, to ensure legal certainty.
(5) Therefore, Decision (EU) 2022/911 (ECB/2022/22) should be amended accordingly,
HAS ADOPTED THIS DECISION:

Amendment

Article 12 of Annex I to Decision (EU) 2022/911 (ECB/2022/22) is replaced by the following:

‘Article 12
Remuneration of Accounts 1. MCAs, DCAs and sub-accounts shall be remunerated at the rate set out in Article 2(3), point (b), of Decision (EU) 2024/1209 of the European Central Bank (ECB/2024/11) (*1). 2. Overnight balances held on a TIPS AS technical account or on an RTGS AS technical account for AS settlement procedure D, and guarantee funds held by EEA financial market infrastructures, including those held on an AS guarantee fund account, shall be remunerated at the rate set out in Article 2(3), point (c), of Decision (EU) 2024/1209 (ECB/2024/11).

Entry into force

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

2. It shall apply from 1 December 2024.

Decision (ΕU) 2024/2829 of the European Parliament and of the Council of 23 October 2024 amending Directive 2007/2/EC as regards certain reporting requirements for infrastructures for spatial information (Text with EEA relevance)

Official Journalof the European Union ENL series
2024/2829 6.11.2024
(1) Reporting requirements play a key role in ensuring the proper monitoring and correct enforcement of Union legal acts. However, it is important to streamline such requirements in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden.
(2) Directive 2007/2/EC of the European Parliament and of the Council(3)lays down general rules aimed at the establishment of the Infrastructure for Spatial Information in the European Community (INSPIRE) for the purposes of Union environmental policies and policies or activities which may have an impact on the environment. That Directive requires Members State to update, if necessary, and publish a report including, among other things, a summary description of the costs and benefits of implementing that Directive by 31 March of each year.
(3) Taking into account the results of the Commission report of 9 June 2017 on Actions to Streamline Environmental Reporting and the accompanying Fitness Check of Reporting and Monitoring of EU Environment Policy, Directive 2007/2/EC was amended by Regulation (EU) 2019/1010 of the European Parliament and of the Council(4)in order to reduce the scope of reporting to the governance for its implementation and the reuse of public spatial data. In its evaluation of Directive 2007/2/EC, that was concluded in 2022, the Commission found that the legal framework could be made more efficient by means of further reducing the administrative burden.
(4) In order to reduce the administrative burden of the reporting requirements under Directive 2007/2/EC, it is necessary to align the frequency and timing of reporting on the implementation and use of Member States’ infrastructures for spatial information with more recent horizontal digital data legal acts. It is therefore appropriate to lower the frequency of reporting under Directive 2007/2/EC to once every two years.
(5) Since the amendment to be made to Directive 2007/2/EC concerns the provision of information to the Commission by Member States, there is no obligation for Member States to transpose it. In this particular situation, it is therefore appropriate to use a decision for such an amendment.
(6) Since the objective of this Decision, namely to streamline the reporting requirements laid down in Directive 2007/2/EC, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.
(7) Directive 2007/2/EC should therefore be amended accordingly,
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) Reporting requirements play a key role in ensuring the proper monitoring and correct enforcement of Union legal acts. However, it is important to streamline such requirements in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden.
(2) Directive 2007/2/EC of the European Parliament and of the Council (3) lays down general rules aimed at the establishment of the Infrastructure for Spatial Information in the European Community (INSPIRE) for the purposes of Union environmental policies and policies or activities which may have an impact on the environment. That Directive requires Members State to update, if necessary, and publish a report including, among other things, a summary description of the costs and benefits of implementing that Directive by 31 March of each year.
(3) Taking into account the results of the Commission report of 9 June 2017 on Actions to Streamline Environmental Reporting and the accompanying Fitness Check of Reporting and Monitoring of EU Environment Policy, Directive 2007/2/EC was amended by Regulation (EU) 2019/1010 of the European Parliament and of the Council (4) in order to reduce the scope of reporting to the governance for its implementation and the reuse of public spatial data. In its evaluation of Directive 2007/2/EC, that was concluded in 2022, the Commission found that the legal framework could be made more efficient by means of further reducing the administrative burden.
(4) In order to reduce the administrative burden of the reporting requirements under Directive 2007/2/EC, it is necessary to align the frequency and timing of reporting on the implementation and use of Member States’ infrastructures for spatial information with more recent horizontal digital data legal acts. It is therefore appropriate to lower the frequency of reporting under Directive 2007/2/EC to once every two years.
(5) Since the amendment to be made to Directive 2007/2/EC concerns the provision of information to the Commission by Member States, there is no obligation for Member States to transpose it. In this particular situation, it is therefore appropriate to use a decision for such an amendment.
(6) Since the objective of this Decision, namely to streamline the reporting requirements laid down in Directive 2007/2/EC, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.
(7) Directive 2007/2/EC should therefore be amended accordingly,
HAVE ADOPTED THIS DECISION:

Amendment to Directive 2007/2/EC

In Article 21(2) of Directive 2007/2/EC, the introductory part is replaced by the following:
‘No later than 31 March every two years, starting from 31 March 2025, Member States shall update, if necessary, a summary report. Those reports, which shall be made public by the Commission services, shall include summary descriptions of:’.

Entry into force

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

Council Decision (EU) 2024/2824 of 24 October 2024 on the position to be taken on behalf of the European Union at the 233rd session of the Council of the International Civil Aviation Organization as regards the adoption of Amendment 30 to Annex 9 – Facilitation – to the Convention on International Civil Aviation concerning amendments to Chapter 1, Chapter 3, paragraphs C, D, G and H, and Chapter 8, paragraphs H and I, of that Annex

Official Journalof the European Union ENL series
2024/2824 8.11.2024
(1) The Convention on International Civil Aviation (the ‘Chicago Convention’) which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).
(2) All Member States of the Union are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. For the period 2022-2025, six Member States are represented in the ICAO Council.
(3) Pursuant to Article 37 j) of the Chicago Convention, the ICAO Council shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with customs and immigration procedures. Pursuant to Article 54 l) of the Chicago Convention, the ICAO Council may adopt international Standards and Recommended Practices (SARPs), and designate them as Annexes to the Chicago Convention.
(4) At its 233rd session, the ICAO Council is to adopt Amendment 30 to Annex 9 to the Chicago Convention (‘Amendment 30’).
(5) The main purposes of the Amendment 30, included in ICAO State Letter EC 6/3 – 24/67, is to improve the clarity and consequently the consistency and efficiency of Annex 9 to the Chicago Convention (‘Annex 9’).
(6) Amendment 30 includes amendments to Chapter 1 (‘Definitions and general principles’), Chapter 3 (‘Entry and Departure of persons and their baggage’), paragraphs C (‘Security of travel documents’), D (‘Travel documents’), G (‘Embarkation/Disembarkation Cards’) and H (‘Inspection of travel documents’), and Chapter 8 (‘Facilitation provisions covering specific subjects’), paragraphs H (‘Trafficking in persons’) and I (‘Wildlife Trafficking’), of Annex 9.
(7) It is appropriate to establish the position to be taken on behalf of the Union within the ICAO Council, as Amendment 30 will be binding under international law in accordance with Article 90 a) of the Chicago Convention and is of relevance to Union law, namely Council Regulations (EC) No 2252/2004(1)and (EC) No 1683/95(2). The scope of this Decision should be limited to the content of Amendment 30, insofar as that content falls within an area which is already largely covered by EU common rules. This Decision should not affect the distribution of competences between the Union and the Member States in the field of aviation.
(8) Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any international standard or procedure adopted by the ICAO, or to bring its own regulations or practices into full accord with any such international standard or procedures, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(9) The position to be taken on behalf of the Union at the 233rd session of the ICAO Council or at any subsequent session, with regard to the adoption of the proposed amendments to Chapter 1, Chapter 3, paragraphs C, D, G and H, and Chapter 8, paragraphs H and I, of Annex 9, contained in Amendment 30 to that Annex included in the ICAO State Letter EC 6/3 – 24/67, should be to support those amendments. That position should be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.
(10) The position to be taken on behalf of the Union after the adoption by the ICAO Council of Amendment 30, to be announced by the ICAO Secretary-General by means of an ICAO State Letter procedure, should be not to register any disapproval and to notify compliance with that amendment. Where Union law would deviate from the newly amended SARPs after the envisaged date of application of those SARPs, any difference between Union law and those particular SARPs should be notified to the ICAO. The position to be taken on behalf of the Union with respect of such differences should be based on a written document submitted by the Commission to the Council for discussion and approval. That position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union.
(11) This Decision constitutes a development of the provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC(3); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(12) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengenacquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2), points (a) and (b), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Convention on International Civil Aviation (the ‘Chicago Convention’) which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).
(2) All Member States of the Union are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. For the period 2022-2025, six Member States are represented in the ICAO Council.
(3) Pursuant to Article 37 j) of the Chicago Convention, the ICAO Council shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with customs and immigration procedures. Pursuant to Article 54 l) of the Chicago Convention, the ICAO Council may adopt international Standards and Recommended Practices (SARPs), and designate them as Annexes to the Chicago Convention.
(4) At its 233rd session, the ICAO Council is to adopt Amendment 30 to Annex 9 to the Chicago Convention (‘Amendment 30’).
(5) The main purposes of the Amendment 30, included in ICAO State Letter EC 6/3 – 24/67, is to improve the clarity and consequently the consistency and efficiency of Annex 9 to the Chicago Convention (‘Annex 9’).
(6) Amendment 30 includes amendments to Chapter 1 (‘Definitions and general principles’), Chapter 3 (‘Entry and Departure of persons and their baggage’), paragraphs C (‘Security of travel documents’), D (‘Travel documents’), G (‘Embarkation/Disembarkation Cards’) and H (‘Inspection of travel documents’), and Chapter 8 (‘Facilitation provisions covering specific subjects’), paragraphs H (‘Trafficking in persons’) and I (‘Wildlife Trafficking’), of Annex 9.
(7) It is appropriate to establish the position to be taken on behalf of the Union within the ICAO Council, as Amendment 30 will be binding under international law in accordance with Article 90 a) of the Chicago Convention and is of relevance to Union law, namely Council Regulations (EC) No 2252/2004 (1) and (EC) No 1683/95 (2). The scope of this Decision should be limited to the content of Amendment 30, insofar as that content falls within an area which is already largely covered by EU common rules. This Decision should not affect the distribution of competences between the Union and the Member States in the field of aviation.
(8) Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any international standard or procedure adopted by the ICAO, or to bring its own regulations or practices into full accord with any such international standard or procedures, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(9) The position to be taken on behalf of the Union at the 233rd session of the ICAO Council or at any subsequent session, with regard to the adoption of the proposed amendments to Chapter 1, Chapter 3, paragraphs C, D, G and H, and Chapter 8, paragraphs H and I, of Annex 9, contained in Amendment 30 to that Annex included in the ICAO State Letter EC 6/3 – 24/67, should be to support those amendments. That position should be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.
(10) The position to be taken on behalf of the Union after the adoption by the ICAO Council of Amendment 30, to be announced by the ICAO Secretary-General by means of an ICAO State Letter procedure, should be not to register any disapproval and to notify compliance with that amendment. Where Union law would deviate from the newly amended SARPs after the envisaged date of application of those SARPs, any difference between Union law and those particular SARPs should be notified to the ICAO. The position to be taken on behalf of the Union with respect of such differences should be based on a written document submitted by the Commission to the Council for discussion and approval. That position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union.
(11) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (3); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(12) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law,
HAS ADOPTED THIS DECISION:
1. The position to be taken on behalf of the Union at the 233rd session of the Council of the International Civil Aviation Organization, or at any subsequent session, shall be to support the proposed amendments to Chapter 1, Chapter 3, paragraphs C, D, G, and H, and Chapter 8, paragraphs H and I, of Annex 9 to the Chicago Convention, contained in Amendment 30 to that Annex included in ICAO State Letter EC 6/3 – 24/67.
2. The position to be taken on behalf of the Union, provided the ICAO Council adopts without any substantial changes the proposed amendments referred to in paragraph 1, shall be not to register any disapproval and to notify compliance with the adopted amendments in reply to the relevant ICAO State Letter.

3. Where Union law would deviate from the amended SARPs after the envisaged date of application of those SARPs, the position to be taken on behalf of the Union shall be that any difference between Union law and those particular SARPs is to be notified to the ICAO, in accordance with Article 38 of the Chicago Convention. In such a case, the Commission shall, in due time and at least two months before any deadline set by the ICAO for the notification of differences, submit to the Council, for discussion and approval, a preparatory document setting out the detailed differences to be notified to the ICAO on behalf of the Union by the Member States.

The position referred to in Article 1(1) shall be expressed by the Member States of the Union that are members of the ICAO Council in accordance with the Treaties, acting jointly in the interest of the Union.
The positions referred to in Article 1(2) and (3) shall be expressed by the Member States of the Union in accordance with the Treaties, acting jointly in the interest of the Union.
This Decision shall enter into force on the date of its adoption.

Council Decision (EU) 2024/2820 of 24 October 2024 on the position to be taken on behalf of the European Union at the 233rd session of the Council of the International Civil Aviation Organization as regards the adoption of Amendment 30 to Annex 9 — Facilitation — to the Convention on International Civil Aviation concerning amendments to Chapters 2, 3 and 6 and to Chapter 8, paragraphs C, E, F and G, of that Annex

Official Journalof the European Union ENL series
2024/2820 8.11.2024
(1) The Convention on International Civil Aviation (the ‘Chicago Convention’), which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).
(2) All Member States of the Union are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. For the period 2022-2025, six Member States are represented in the ICAO Council.
(3) Pursuant to Article 37 j) of the Chicago Convention, the ICAO Council shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with customs and immigration procedures. Pursuant to Article 54 l) of the Chicago Convention, the ICAO Council may adopt international Standards and Recommended Practices (SARPs), and designate them as Annexes to the Chicago Convention.
(4) At its 233rd session, the ICAO Council is to adopt Amendment 30 to Annex 9 to the Chicago Convention (‘Amendment 30’).
(5) The main purpose of Amendment 30, included in ICAO State Letter EC 6/3 – 24/67, is to improve the clarity and consequently the consistency and efficiency of Annex 9 to the Chicago Convention (‘Annex 9’).
(6) Amendment 30 includes amendments to Chapters 2 (‘Entry and Departure of aircraft’), 3 (‘Entry and Departure of persons and their baggage’) and 6 (‘International airports — Facilities and services for traffic’) and to Chapter 8 (‘Facilitation provisions covering specific subjects’), paragraphs C (‘Facilitation of search, rescue, accident investigation and salvage’), E (‘Establishment of national facilitation programmes’), F (‘Facilitation of transport of persons with disabilities’) and G (‘Assistance to aircraft accident victims and their families’), of Annex 9. In particular, the proposals are to amend, reposition or delete obsolete SARPs, as well as to amend SARPs addressed to aircraft operators or airport operators in order to properly address such SARPs to the Contracting States. The amendments to Standard 6.3 and Recommended Practice 6.4 in Chapter 6 of Annex 9 concern matters regulated under Union law by Directive 2009/12/EC of the European Parliament and of the Council(1). With reference to Chapter 3 of Annex 9, Amendment 30 adds SARPs related to the security of the issuance process for electronic Machine Readable Travel Documents (eMRTD), and updates the access control protocol and technical standard for encoding facial images in eMRTDs. Amendment 30 also covers subjects regulated under Union law by Council Directive (EU) 2019/997(2). Finally, as regards amendments to Chapter 8 of Annex 9, Amendment 30 relates to air accident safety investigations covered by Regulation (EU) No 996/2010 of the European Parliament and of the Council(3). Those amendments to Chapter 8 are already reflected in Union law and therefore do not require any change to it.
(7) It is appropriate to establish the position to be taken on behalf of the Union within the ICAO Council, as Amendment 30 will be binding under international law in accordance with Article 90(a) of the Chicago Convention and is of relevance to Union law, namely Directive 2009/12/EC and Regulation (EU) No 996/2010. The scope of this Decision should be limited to the content of Amendment 30, insofar as that content falls within an area which is already largely covered by EU common rules. This Decision should not affect the distribution of competences between the Union and the Member States in the field of aviation.
(8) Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any international standard or procedure adopted by the ICAO, or to bring its own regulations or practices into full accord with any such international standard or procedure, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(9) The position to be taken on behalf of the Union at the 233rd session of the ICAO Council, or at any subsequent session, with regard to the adoption of the proposed amendments to Chapters 2, 3 and 6 and to Chapter 8, paragraphs C, E, F and G, of Annex 9, contained in Amendment 30 to that Annex included in ICAO State Letter EC 6/3 – 24/67, should be to support those amendments. That position should be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.
(10) The position to be taken on behalf of the Union after the adoption by the ICAO Council of Amendment 30, to be announced by the ICAO Secretary-General by means of an ICAO State Letter procedure, should be not to register any disapproval and to notify compliance with that amendment. Where Union law would deviate from the newly amended SARPs after the envisaged date of application of those SARPs, any difference between Union law and those particular SARPs should be notified to the ICAO. The position to be taken on behalf of the Union with respect to such differences should be based on a written document submitted by the Commission to the Council for discussion and approval. That position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Convention on International Civil Aviation (the ‘Chicago Convention’), which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).
(2) All Member States of the Union are Contracting States to the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies. For the period 2022-2025, six Member States are represented in the ICAO Council.
(3) Pursuant to Article 37 j) of the Chicago Convention, the ICAO Council shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with customs and immigration procedures. Pursuant to Article 54 l) of the Chicago Convention, the ICAO Council may adopt international Standards and Recommended Practices (SARPs), and designate them as Annexes to the Chicago Convention.
(4) At its 233rd session, the ICAO Council is to adopt Amendment 30 to Annex 9 to the Chicago Convention (‘Amendment 30’).
(5) The main purpose of Amendment 30, included in ICAO State Letter EC 6/3 – 24/67, is to improve the clarity and consequently the consistency and efficiency of Annex 9 to the Chicago Convention (‘Annex 9’).
(6) Amendment 30 includes amendments to Chapters 2 (‘Entry and Departure of aircraft’), 3 (‘Entry and Departure of persons and their baggage’) and 6 (‘International airports — Facilities and services for traffic’) and to Chapter 8 (‘Facilitation provisions covering specific subjects’), paragraphs C (‘Facilitation of search, rescue, accident investigation and salvage’), E (‘Establishment of national facilitation programmes’), F (‘Facilitation of transport of persons with disabilities’) and G (‘Assistance to aircraft accident victims and their families’), of Annex 9. In particular, the proposals are to amend, reposition or delete obsolete SARPs, as well as to amend SARPs addressed to aircraft operators or airport operators in order to properly address such SARPs to the Contracting States. The amendments to Standard 6.3 and Recommended Practice 6.4 in Chapter 6 of Annex 9 concern matters regulated under Union law by Directive 2009/12/EC of the European Parliament and of the Council (1). With reference to Chapter 3 of Annex 9, Amendment 30 adds SARPs related to the security of the issuance process for electronic Machine Readable Travel Documents (eMRTD), and updates the access control protocol and technical standard for encoding facial images in eMRTDs. Amendment 30 also covers subjects regulated under Union law by Council Directive (EU) 2019/997 (2). Finally, as regards amendments to Chapter 8 of Annex 9, Amendment 30 relates to air accident safety investigations covered by Regulation (EU) No 996/2010 of the European Parliament and of the Council (3). Those amendments to Chapter 8 are already reflected in Union law and therefore do not require any change to it.
(7) It is appropriate to establish the position to be taken on behalf of the Union within the ICAO Council, as Amendment 30 will be binding under international law in accordance with Article 90(a) of the Chicago Convention and is of relevance to Union law, namely Directive 2009/12/EC and Regulation (EU) No 996/2010. The scope of this Decision should be limited to the content of Amendment 30, insofar as that content falls within an area which is already largely covered by EU common rules. This Decision should not affect the distribution of competences between the Union and the Member States in the field of aviation.
(8) Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any international standard or procedure adopted by the ICAO, or to bring its own regulations or practices into full accord with any such international standard or procedure, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(9) The position to be taken on behalf of the Union at the 233rd session of the ICAO Council, or at any subsequent session, with regard to the adoption of the proposed amendments to Chapters 2, 3 and 6 and to Chapter 8, paragraphs C, E, F and G, of Annex 9, contained in Amendment 30 to that Annex included in ICAO State Letter EC 6/3 – 24/67, should be to support those amendments. That position should be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.
(10) The position to be taken on behalf of the Union after the adoption by the ICAO Council of Amendment 30, to be announced by the ICAO Secretary-General by means of an ICAO State Letter procedure, should be not to register any disapproval and to notify compliance with that amendment. Where Union law would deviate from the newly amended SARPs after the envisaged date of application of those SARPs, any difference between Union law and those particular SARPs should be notified to the ICAO. The position to be taken on behalf of the Union with respect to such differences should be based on a written document submitted by the Commission to the Council for discussion and approval. That position should be expressed by all the Member States of the Union, acting jointly in the interest of the Union,
HAS ADOPTED THIS DECISION:
1. The position to be taken on behalf of the Union at the 233rd session of the Council of the International Civil Aviation Organization, or at any subsequent session, shall be to support the proposed amendments to Chapters 2, 3 and 6 and to Chapter 8, paragraphs C, E, F and G, of Annex 9 to the Chicago Convention, contained in Amendment 30 to that Annex included in ICAO State Letter EC 6/3 – 24/67.
2. The position to be taken on behalf of the Union, provided the ICAO Council adopts without any substantial changes the proposed amendments referred to in paragraph 1, shall be not to register any disapproval and to notify compliance with the adopted amendments in reply to the relevant ICAO State Letter.

3. Where Union law would deviate from the amended SARPs after the envisaged date of application of those SARPs, the position to be taken on behalf of the Union shall be that any difference between Union law and those particular SARPs is to be notified to the ICAO, in accordance with Article 38 of the Chicago Convention. In such a case, the Commission shall, in due time and at least two months before any deadline set by the ICAO for the notification of differences, submit to the Council, for discussion and approval, a preparatory document setting out the detailed differences to be notified to the ICAO on behalf of the Union by the Member States.

The position referred to in Article 1(1) shall be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.
The positions referred to in Article 1(2) and (3) shall be expressed by all the Member States of the Union, acting jointly in the interest of the Union.
This Decision shall enter into force on the date of its adoption.

Decision (EU) 2024/2819 of the European Central Bank of 24 October 2024 amending Decision (EU) 2020/440 on a temporary pandemic emergency purchase programme (ECB/2020/17) (ECB/2024/29)

Official Journalof the European Union ENL series
2024/2819 31.10.2024
(1) Taking into account the exceptional economic and financial circumstances associated with the spread of coronavirus disease 2019 (COVID-19), on 18 March 2020, the Governing Council decided to launch a temporary pandemic emergency purchase programme (PEPP) including all the asset categories eligible under the ECB’s asset purchase programme, consisting of the secondary markets public sector asset purchase programme, the third covered bond purchase programme, the asset-backed securities purchase programme, and the corporate sector purchase programme (CSPP).
(2) The CSPP was established by Decision (EU) 2016/948 of the European Central Bank (ECB/2016/16)(1). It contains a number of safeguards to ensure that the purchases and holding of corporate bonds will be proportionate to its aims. These safeguards should also ensure that related financial risks are taken into account in the CSPP’s, and therefore also the PEPP’s, design and should reflect risk management perspectives.
(3) Accordingly, the Governing Council decided on 6 August 2024 to amend the rule applicable to securities lending transactions of corporate bonds held by the Eurosystem under the CSPP and the PEPP to reflect risk management considerations.
(4) Therefore, Decision (EU) 2020/440 of the European Central Bank (ECB/2020/17)(2)should be amended accordingly,
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
Whereas:
(1) Taking into account the exceptional economic and financial circumstances associated with the spread of coronavirus disease 2019 (COVID-19), on 18 March 2020, the Governing Council decided to launch a temporary pandemic emergency purchase programme (PEPP) including all the asset categories eligible under the ECB’s asset purchase programme, consisting of the secondary markets public sector asset purchase programme, the third covered bond purchase programme, the asset-backed securities purchase programme, and the corporate sector purchase programme (CSPP).
(2) The CSPP was established by Decision (EU) 2016/948 of the European Central Bank (ECB/2016/16) (1). It contains a number of safeguards to ensure that the purchases and holding of corporate bonds will be proportionate to its aims. These safeguards should also ensure that related financial risks are taken into account in the CSPP’s, and therefore also the PEPP’s, design and should reflect risk management perspectives.
(3) Accordingly, the Governing Council decided on 6 August 2024 to amend the rule applicable to securities lending transactions of corporate bonds held by the Eurosystem under the CSPP and the PEPP to reflect risk management considerations.
(4) Therefore, Decision (EU) 2020/440 of the European Central Bank (ECB/2020/17) (2) should be amended accordingly,
HAS ADOPTED THIS DECISION:

Amendment

Article 7 of Decision (EU) 2020/440 (ECB/2020/17) is replaced by the following:

‘Article 7
Securities lending
Except for securities that no longer meet the credit quality requirements for securities purchased under the corporate sector purchase programme, the Eurosystem shall make securities purchased under the PEPP available for lending, including repos, with a view to ensuring the effectiveness of the PEPP.’.

Entry into force

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

Decision (EU) 2024/2818 of the European Central Bank of 24 October 2024 amending Decision (EU) 2016/948 on the implementation of the corporate sector purchase programme (ECB/2016/16) (ECB/2024/28)

Official Journalof the European Union ENL series
2024/2818 31.10.2024
(1) Decision (EU) 2016/948 of the European Central Bank (ECB/2016/16)(1)established the corporate sector purchase programme (CSPP). The CSPP contains a number of safeguards to ensure that the purchases and holding of bonds will be proportionate to its aims. These safeguards should also ensure that related financial risks are taken into account in the CSPP’s design and should reflect risk management perspectives.
(2) Accordingly, the Governing Council decided on 6 August 2024 to amend the rule applicable to securities lending transactions of corporate bonds held by the Eurosystem under the CSPP to reflect risk management considerations.
(3) In addition, Eurosystem central banks should be permitted to participate in standard market transactions such as repurchase transactions by issuers of corporate bonds (‘buybacks’), as well as sales pursuant to put options, and the provisions on eligible counterparties for the CSPP should be amended accordingly.
(4) Therefore, Decision (EU) 2016/948 (ECB/2016/16) should be amended accordingly,
(1) Article 6 is replaced by the following:‘Article 6Eligible counterpartiesThe following shall be eligible counterparties for the CSPP, both for outright transactions and for securities lending transactions involving corporate bonds held in the CSPP Eurosystem portfolios:(a)entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Article 55 of Guideline (EU) 2015/510 (ECB/2014/60);(b)any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios; and(c)the issuers of corporate bonds held in the CSPP Eurosystem portfolios, but only in the case of either:(i)a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or(ii)the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’; (a) entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Article 55 of Guideline (EU) 2015/510 (ECB/2014/60); (b) any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios; and (c) the issuers of corporate bonds held in the CSPP Eurosystem portfolios, but only in the case of either:(i)a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or(ii)the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’; (i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or (ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(a) entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Article 55 of Guideline (EU) 2015/510 (ECB/2014/60);
(b) any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios; and
(c) the issuers of corporate bonds held in the CSPP Eurosystem portfolios, but only in the case of either:(i)a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or(ii)the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’; (i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or (ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or
(ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(a) entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Article 55 of Guideline (EU) 2015/510 (ECB/2014/60);
(b) any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios; and
(c) the issuers of corporate bonds held in the CSPP Eurosystem portfolios, but only in the case of either:(i)a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or(ii)the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’; (i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or (ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or
(ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or
(ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(2) Article 7 is replaced by the following:‘Article 7Securities lending transactionsThe Eurosystem central banks purchasing corporate bonds under the CSPP shall make securities that meet the credit quality requirements for securities purchased under the CSPP available for lending, including repos, with a view to ensuring the effectiveness of the CSPP.’.
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
Whereas:
(1) Decision (EU) 2016/948 of the European Central Bank (ECB/2016/16) (1) established the corporate sector purchase programme (CSPP). The CSPP contains a number of safeguards to ensure that the purchases and holding of bonds will be proportionate to its aims. These safeguards should also ensure that related financial risks are taken into account in the CSPP’s design and should reflect risk management perspectives.
(2) Accordingly, the Governing Council decided on 6 August 2024 to amend the rule applicable to securities lending transactions of corporate bonds held by the Eurosystem under the CSPP to reflect risk management considerations.
(3) In addition, Eurosystem central banks should be permitted to participate in standard market transactions such as repurchase transactions by issuers of corporate bonds (‘buybacks’), as well as sales pursuant to put options, and the provisions on eligible counterparties for the CSPP should be amended accordingly.
(4) Therefore, Decision (EU) 2016/948 (ECB/2016/16) should be amended accordingly,
HAS ADOPTED THIS DECISION:

Amendments

Decision (EU) 2016/948 (ECB/2016/16) is amended as follows:

(1) Article 6 is replaced by the following:
‘Article 6
Eligible counterparties
The following shall be eligible counterparties for the CSPP, both for outright transactions and for securities lending transactions involving corporate bonds held in the CSPP Eurosystem portfolios:
(a) entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Article 55 of Guideline (EU) 2015/510 (ECB/2014/60);
(b) any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios; and
(c) the issuers of corporate bonds held in the CSPP Eurosystem portfolios, but only in the case of either:
(i) a repurchase of the relevant corporate bond by that issuer pursuant to a buyback, or
(ii) the exercise by a Eurosystem central bank of a put option under the relevant corporate bond that is structured as a sale and repurchase transaction.’;
(2) Article 7 is replaced by the following:
‘Article 7
Securities lending transactions
The Eurosystem central banks purchasing corporate bonds under the CSPP shall make securities that meet the credit quality requirements for securities purchased under the CSPP available for lending, including repos, with a view to ensuring the effectiveness of the CSPP.’.

Entry into force

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

Commission Implementing Decision (EU) 2024/2797 of 31 October 2024 on authorising temporarily the measure taken by the French Republic on the labelling of products containing dinitrogen oxide only

Official Journalof the European Union ENL series
2024/2797 4.11.2024
(1) On 16 January 2024, the French Republic (‘France’) informed the Commission in accordance with Article 52(1) of Regulation (EC) No 1272/2008 that it has justifiable grounds for believing that dinitrogen oxide, although satisfying the requirements of that Regulation, constitutes a serious risk to human health due to reasons of classification and labelling of containers containing that chemical substance.
(2) On 20 December 2023, France adopted a national measure regarding the labelling of packaging units of products containing only dinitrogen oxide(2). That measure (‘the Decree’) was published in the Official Journal of the French Republic on 21 December 2023 and is to become applicable 7 months after its publication.
(3) The Decree provides that the statement ‘causes damage to the nervous system through repeated or prolonged inhalation exposure’, in accordance with the model and characteristics set out in the Annex to that Decree(3), is to be placed on the packaging of products containing only dinitrogen oxide or, where those products are sold per unit, on their immediate container. That statement and the pictogram provided in the Annex to the Decree mirror the hazard statement H372 and hazard pictogram used in case of classification as Specific Target Organ Toxicity – Repeated Exposure Category 1 (STOT RE 1) in accordance with Table 3.9.5 of Annex I to Regulation (EC) No 1272/2008.
(4) Dinitrogen oxide is not currently subject to harmonised classification and labelling requirements. By subjecting it to the mandatory labelling requirements corresponding to classification as STOT RE 1 irrespective of the self-classification performed in accordance with the requirements of Regulation (EC) No 1272/2008, the Decree imposes additional requirements which go beyond the provisions of that Regulation. For those reasons, the labelling requirements in the Decree and in Annex I to that Decree have the potential to hinder the placing of products on the French market, which comply with the applicable rules pursuant to Regulation (EC) No 1272/2008.
(5) France has provided justifiable grounds in accordance with Article 52 for believing that dinitrogen oxide presents a serious risk to human health (adverse effects on the nervous system when inhaled). The number of intoxication cases notified to the National Agency for the Safety of Pharmaceutical and Health Products in France has doubled in one year from 254 in 2020 to 472 in 2021. There has been a threefold increase in the number of serious cases between 2020 (82 cases) and 2021 (265 cases). Moreover, 303 cases were reported to French poison centres in 2021 compared to 134 in 2020. The intoxications were mainly caused by the recreational misuse of dinitrogen oxide, usually involving young adults and in certain cases adolescents. Among the reported effects, neurological effects were most commonly reported as well as cardio-vascular and developmental effects. France also informed the Commission on 16 January 2024 that the substance was increasingly sold in higher quantities and bigger packages.
(6) On 25 April 2022, France submitted to the European Chemicals Agency (the Agency) a proposal for the harmonised classification and labelling of dinitrogen oxide. On 16 March 2023, in accordance with Article 37(4) of Regulation EC No 1272/2008, the Committee for Risk Assessment (RAC) of the Agency adopted an opinion proposing harmonised classification and labelling at Union level for dinitrogen oxide(4)(‘the RAC Opinion’) and transmitted that RAC Opinion together with the comments to the Commission on 15 June 2023. The RAC Opinion proposes, amongst others, that dinitrogen oxide be classified as STOT RE 1, specifying the nervous system as the organ affected but without specifying a route of exposure.
(7) Including the harmonised classification and labelling of dinitrogen oxide as STOT RE 1 in Annex VI to Regulation (EC) No 1272/2008 in accordance with Article 37(5) of that Regulation would trigger the obligation to classify and label dinitrogen oxide in accordance with the requirements set out in that Regulation. The mandatory labelling with the hazard statement H372 and the relevant hazard pictogram as provided for in Table 3.9.5. of Annex I to Regulation (EC) No 1272/2008 are also provided for in the Decree. However, Article 4(1) of Regulation (EC) No 1272/2008 requires manufacturers, importers and downstream users to classify substances or mixtures in accordance with Title II of that Regulation before placing them on the market in the absence of harmonised classification, and Article 15 of that Regulation lays down the requirements to review and adapt the classification in light of new scientific or technical information.
(8) Should manufacturers, importers and downstream users decide to classify and label products containing dinitrogen oxide as STOT RE 1, in accordance with the RAC Opinion, they should not be required to duplicate the related hazard communication elements outlined in the Decree.
(9) The Decree provides that the statement which is to be placed on the packaging of products containing only dinitrogen oxide does not constitute an obstacle to commercialising products containing only dinitrogen oxide produced and commercialised in another Member State or in Türkiye, or legally produced in a state which is a member of the European Economic Area, which state ensures an equivalent level of safety to that required by the Decree. However, the Decree does not set out the conditions for such equivalence to be acceptable. Therefore, the Decree should not hinder the placing on the market of products containing only dinitrogen oxide, produced and commercialised in another Member State or in Türkiye, or legally produced in the European Economic Area, which are self-classified and labelled as STOT RE 1 in accordance with the requirements of Regulation (EC) No 1272/2008.
(10) The Decree should therefore be authorised as a temporary measure, in accordance with Article 52(2) of Regulation (EC) No 1272/2008, applicable for a duration of 36 months or until the date when a harmonised classification of dinitrogen oxide as STOT RE 1 becomes applicable following adoption of a Commission Regulation in accordance with Article 37(5) of Regulation (EC) No 1272/2008, whichever date is earlier. However, France should accept the placing on the market in France of dinitrogen oxide which is classified and labelled as STOT RE 1 in accordance with the requirements of Titles II and III of Regulation (EC) No 1272/2008 and, where harmonised classification and labelling is established by a Commission Regulation in accordance with Title V of Regulation (EC) No 1272/2008 through an entry in Part 3 of Annex VI, in accordance with that entry, to avoid a duplication of the related hazard communication elements.
(11) The Decision is limited in scope to the substances and mixtures subject to Regulation (EC) No 1272/2008.
(12) Since the measure is likely to have consequences on the internal market of dinitrogen oxide, it should enter into force as soon as possible after its adoption, in other words on the day of its publication.
(13) The measures provided for in this Implementing Decision are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council(5),
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (1) and in particular Article 52 thereof,
Whereas:
(1) On 16 January 2024, the French Republic (‘France’) informed the Commission in accordance with Article 52(1) of Regulation (EC) No 1272/2008 that it has justifiable grounds for believing that dinitrogen oxide, although satisfying the requirements of that Regulation, constitutes a serious risk to human health due to reasons of classification and labelling of containers containing that chemical substance.
(2) On 20 December 2023, France adopted a national measure regarding the labelling of packaging units of products containing only dinitrogen oxide (2). That measure (‘the Decree’) was published in the Official Journal of the French Republic on 21 December 2023 and is to become applicable 7 months after its publication.
(3) The Decree provides that the statement ‘causes damage to the nervous system through repeated or prolonged inhalation exposure’, in accordance with the model and characteristics set out in the Annex to that Decree (3), is to be placed on the packaging of products containing only dinitrogen oxide or, where those products are sold per unit, on their immediate container. That statement and the pictogram provided in the Annex to the Decree mirror the hazard statement H372 and hazard pictogram used in case of classification as Specific Target Organ Toxicity – Repeated Exposure Category 1 (STOT RE 1) in accordance with Table 3.9.5 of Annex I to Regulation (EC) No 1272/2008.
(4) Dinitrogen oxide is not currently subject to harmonised classification and labelling requirements. By subjecting it to the mandatory labelling requirements corresponding to classification as STOT RE 1 irrespective of the self-classification performed in accordance with the requirements of Regulation (EC) No 1272/2008, the Decree imposes additional requirements which go beyond the provisions of that Regulation. For those reasons, the labelling requirements in the Decree and in Annex I to that Decree have the potential to hinder the placing of products on the French market, which comply with the applicable rules pursuant to Regulation (EC) No 1272/2008.
(5) France has provided justifiable grounds in accordance with Article 52 for believing that dinitrogen oxide presents a serious risk to human health (adverse effects on the nervous system when inhaled). The number of intoxication cases notified to the National Agency for the Safety of Pharmaceutical and Health Products in France has doubled in one year from 254 in 2020 to 472 in 2021. There has been a threefold increase in the number of serious cases between 2020 (82 cases) and 2021 (265 cases). Moreover, 303 cases were reported to French poison centres in 2021 compared to 134 in 2020. The intoxications were mainly caused by the recreational misuse of dinitrogen oxide, usually involving young adults and in certain cases adolescents. Among the reported effects, neurological effects were most commonly reported as well as cardio-vascular and developmental effects. France also informed the Commission on 16 January 2024 that the substance was increasingly sold in higher quantities and bigger packages.
(6) On 25 April 2022, France submitted to the European Chemicals Agency (the Agency) a proposal for the harmonised classification and labelling of dinitrogen oxide. On 16 March 2023, in accordance with Article 37(4) of Regulation EC No 1272/2008, the Committee for Risk Assessment (RAC) of the Agency adopted an opinion proposing harmonised classification and labelling at Union level for dinitrogen oxide (4) (‘the RAC Opinion’) and transmitted that RAC Opinion together with the comments to the Commission on 15 June 2023. The RAC Opinion proposes, amongst others, that dinitrogen oxide be classified as STOT RE 1, specifying the nervous system as the organ affected but without specifying a route of exposure.
(7) Including the harmonised classification and labelling of dinitrogen oxide as STOT RE 1 in Annex VI to Regulation (EC) No 1272/2008 in accordance with Article 37(5) of that Regulation would trigger the obligation to classify and label dinitrogen oxide in accordance with the requirements set out in that Regulation. The mandatory labelling with the hazard statement H372 and the relevant hazard pictogram as provided for in Table 3.9.5. of Annex I to Regulation (EC) No 1272/2008 are also provided for in the Decree. However, Article 4(1) of Regulation (EC) No 1272/2008 requires manufacturers, importers and downstream users to classify substances or mixtures in accordance with Title II of that Regulation before placing them on the market in the absence of harmonised classification, and Article 15 of that Regulation lays down the requirements to review and adapt the classification in light of new scientific or technical information.
(8) Should manufacturers, importers and downstream users decide to classify and label products containing dinitrogen oxide as STOT RE 1, in accordance with the RAC Opinion, they should not be required to duplicate the related hazard communication elements outlined in the Decree.
(9) The Decree provides that the statement which is to be placed on the packaging of products containing only dinitrogen oxide does not constitute an obstacle to commercialising products containing only dinitrogen oxide produced and commercialised in another Member State or in Türkiye, or legally produced in a state which is a member of the European Economic Area, which state ensures an equivalent level of safety to that required by the Decree. However, the Decree does not set out the conditions for such equivalence to be acceptable. Therefore, the Decree should not hinder the placing on the market of products containing only dinitrogen oxide, produced and commercialised in another Member State or in Türkiye, or legally produced in the European Economic Area, which are self-classified and labelled as STOT RE 1 in accordance with the requirements of Regulation (EC) No 1272/2008.
(10) The Decree should therefore be authorised as a temporary measure, in accordance with Article 52(2) of Regulation (EC) No 1272/2008, applicable for a duration of 36 months or until the date when a harmonised classification of dinitrogen oxide as STOT RE 1 becomes applicable following adoption of a Commission Regulation in accordance with Article 37(5) of Regulation (EC) No 1272/2008, whichever date is earlier. However, France should accept the placing on the market in France of dinitrogen oxide which is classified and labelled as STOT RE 1 in accordance with the requirements of Titles II and III of Regulation (EC) No 1272/2008 and, where harmonised classification and labelling is established by a Commission Regulation in accordance with Title V of Regulation (EC) No 1272/2008 through an entry in Part 3 of Annex VI, in accordance with that entry, to avoid a duplication of the related hazard communication elements.
(11) The Decision is limited in scope to the substances and mixtures subject to Regulation (EC) No 1272/2008.
(12) Since the measure is likely to have consequences on the internal market of dinitrogen oxide, it should enter into force as soon as possible after its adoption, in other words on the day of its publication.
(13) The measures provided for in this Implementing Decision are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5),
HAS ADOPTED THIS DECISION:
The measure provided for in Decree No 2023-1224 regarding labelling of packaging units of products containing only dinitrogen oxide (6) notified to the Commission by France on 16 January 2024 is authorised for 36 months from the date of entry into force of this Decision or until the date a Commission Delegated Regulation providing for the harmonised classification and labelling of dinitrogen oxide in accordance with Article 37(5) of Regulation (EC) No 1272/2008 as STOT RE 1 becomes applicable, whichever is the earliest.
France shall allow the placing on the market, in France, of dinitrogen oxide classified and labelled as STOT RE 1 in accordance with Regulation (EC) No 1272/2008.
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Political and Security Committee Decision (CFSP) 2024/2796 of 22 October 2024 extending the mandate of the Head of Mission of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA) (EUAM RCA/2/2024)

Official Journalof the European Union ENL series
2024/2796 28.10.2024
(1) Pursuant to Article 8(1) of Decision (CFSP) 2019/2110, the Political and Security Committee (PSC) is authorised, in accordance with Article 38, third paragraph, of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA), including the decision to appoint a Head of Mission, upon a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’).
(2) On 25 August 2022, the PSC adopted Decision (CFSP) 2022/1436(2), appointing Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 1 September 2022 to 31 August 2023.
(3) On 28 July 2022, the Council adopted Decision (CFSP) 2022/1333(3), amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA to 9 August 2024.
(4) On 19 July 2023, the PSC adopted Decision (CFSP) 2023/1512(4), extending the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 1 September 2023 to 9 August 2024.
(5) On 17 July 2024, the PSC adopted Decision (CFSP) 2024/2021(5), extending the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 10 August 2024 to 31 October 2024, subject to the adoption of a decision by the Council extending the mandate of EUAM RCA beyond 9 August 2024.
(6) On 22 July 2024, the Council adopted Decision (CFSP) 2024/2003(6), amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA to 31 October 2024.
(7) On 21 October 2024, the Council adopted Decision (CFSP) 2024/2723(7), amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA to 7 August 2026.
(8) On 20 June 2024, the High Representative proposed to extend the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA until 9 August 2025,
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38, third paragraph, thereof,
Having regard to Council Decision (CFSP) 2019/2110 of 9 December 2019 on the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA) (1), and in particular Article 8(1) thereof,
Whereas:
(1) Pursuant to Article 8(1) of Decision (CFSP) 2019/2110, the Political and Security Committee (PSC) is authorised, in accordance with Article 38, third paragraph, of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA), including the decision to appoint a Head of Mission, upon a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’).
(2) On 25 August 2022, the PSC adopted Decision (CFSP) 2022/1436 (2), appointing Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 1 September 2022 to 31 August 2023.
(3) On 28 July 2022, the Council adopted Decision (CFSP) 2022/1333 (3), amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA to 9 August 2024.
(4) On 19 July 2023, the PSC adopted Decision (CFSP) 2023/1512 (4), extending the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 1 September 2023 to 9 August 2024.
(5) On 17 July 2024, the PSC adopted Decision (CFSP) 2024/2021 (5), extending the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 10 August 2024 to 31 October 2024, subject to the adoption of a decision by the Council extending the mandate of EUAM RCA beyond 9 August 2024.
(6) On 22 July 2024, the Council adopted Decision (CFSP) 2024/2003 (6), amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA to 31 October 2024.
(7) On 21 October 2024, the Council adopted Decision (CFSP) 2024/2723 (7), amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA to 7 August 2026.
(8) On 20 June 2024, the High Representative proposed to extend the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA until 9 August 2025,
HAS ADOPTED THIS DECISION:
The mandate of Mr José Manuel MARQUES DIAS as Head of Mission of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA) is hereby extended from 1 November 2024 to 9 August 2025.
This Decision shall enter into force on the date of its adoption.

Council Decision (CFSP) 2024/2783 of 29 October 2024 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma

Official Journalof the European Union ENL series
2024/2783 29.10.2024
(1) On 22 April 2013, the Council adopted Decision 2013/184/CFSP(1).
(2) On 31 January 2023, the High Representative of the Union for Foreign Affairs and Security Policy issued a declaration on behalf of the Union strongly condemning the overthrow of Myanmar’s democratically elected government by the Myanmar armed forces in blatant violation of the will of the people as expressed in the general election of 8 November 2020. That illegitimate act reversed the country’s democratic transition and led to disastrous humanitarian, social, security, economic and human rights consequences.
(3) The Union remains deeply concerned by the continuing escalation of violence in Myanmar/Burma and the evolution towards a protracted conflict with regional implications. The Union condemns the continuing grave human rights violations by the Myanmar armed forces, including torture, sexual and gender-based violence, the persecution of civil society actors, human rights defenders and journalists, and attacks on the civilian population, including ethnic and religious minorities.
(4) In the absence of swift progress in the situation in Myanmar/Burma, the Union has expressed several times its readiness to adopt further restrictive measures against those responsible for undermining democracy and the rule of law and for the serious human rights violations taking place in that country.
(5) In view of the continuing grave situation in Myanmar/Burma, three persons and one entity should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures in the Annex to Decision 2013/184/CFSP.
(6) Decision 2013/184/CFSP should therefore be amended accordingly,
(1) the following entries are added to the list set out in Section A (Natural persons referred to in Articles 5(1) and 6(1)):NameIdentifying informationReasonsDate of listing‘104.Saw Chit Thu(a.k.a. Saw San Myint, Maung Chit Thu, Chit Thu)Nationality: Myanmar/Burma;Place of birth: Inn village, Hlaingbwe, Karen State, Myanmar/Burma;Gender: male;Rank: Colonel;Associated entity: Chit Linn Myaing GroupColonel Saw Chit Thu is a Karen/Kayin warlord and businessperson. He is a founding member and the Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (the Myanmar Armed Forces). Under Chit Thu’s leadership, the BGF/KNA is responsible for human rights violations and abuses against civilians in its operations areas, including scam compounds like Shwe Kokko. The compounds are regional hubs for transnational crime, including online fraud, drugs and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Saw Chit Thu is the founder and former chairman of Chit Linn Myaing Group (CLM), a group of companies run by his family in cooperation with the BGF, also involved and gaining profit from Shwe Kokko. Since 2017, Saw Chit Thu is developing Yatai New City in Shwe Kokko in cooperation with Yatai International Holding Group.As founding member and Secretary-General of the BGF/KNA and due to his involvement in the scam compounds, Saw Chit Thu is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaged in actions that threaten the peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw).29.10.2024105.Mote Thun(a.k.a. Saw Mote Thun, Mote Thone)Nationality: Myanmar/Burma;Gender: male;Rank: Lieutenant Colonel;Function: Deputy Secretary-General of the Karen/Kayin Border Guard Forces/Karen National Army (BGF/KNA); founding member of the Karen/Kayin BGF;Associated individual: Saw Chit ThuLieutenant Colonel Mote Thun is a founding member and the Deputy Secretary-General of the Karen/Kayin Border Guard Forces (BGF/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces). He is particularly powerful in the South of Myawaddy township at the Thai-Myanmar border, where many scam centres are located. Key compounds under Mote Thun’s control include Wan Kuok-Koi’s (a.k.a. Broken Tooth) and Dongmei Zone. Mote Thun is also involved in the KK Park Project. The compounds are regional hubs for transnational crime, including online fraud, drugs, human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening peace, security and stability of Myanmar/Burma.As a founding member and Deputy General Secretary of the BGF/KNA and due to his involvement in the scam compounds, Lieutenant Colonel Mote Thun is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaging in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw).29.10.2024106.Tin Win(a.k.a. Saw Tin Win)Nationality: Myanmar/Burma;Gender: male;Rank: Major;Function: Direct subordinate to Colonel Saw Chit Thu in Karen National Army (KNA), former member of Border Guard Forces;Associated individual: Saw Chit ThuMajor Tin Win is a direct subordinate to Colonel Saw Chit Thu in the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces).Under the direct command of Colonel Saw Chit Thu, Tin Win supports and benefits from scam compounds near Myawaddy, such as Shwe Kokko, the KK Park Project and the Huanya Project. These are major regional hubs for transnational crime, including online fraud, drug and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.In his role in the BGF/KNA and due to his involvement in scam compounds, Major Tin Win is responsible for serious human rights violations and is furthermore engaged in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw).29.10.2024’ Name Identifying information Reasons Date of listing ‘104. Saw Chit Thu(a.k.a. Saw San Myint, Maung Chit Thu, Chit Thu) Nationality: Myanmar/Burma;Place of birth: Inn village, Hlaingbwe, Karen State, Myanmar/Burma;Gender: male;Rank: Colonel;Associated entity: Chit Linn Myaing Group Colonel Saw Chit Thu is a Karen/Kayin warlord and businessperson. He is a founding member and the Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (the Myanmar Armed Forces). Under Chit Thu’s leadership, the BGF/KNA is responsible for human rights violations and abuses against civilians in its operations areas, including scam compounds like Shwe Kokko. The compounds are regional hubs for transnational crime, including online fraud, drugs and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Saw Chit Thu is the founder and former chairman of Chit Linn Myaing Group (CLM), a group of companies run by his family in cooperation with the BGF, also involved and gaining profit from Shwe Kokko. Since 2017, Saw Chit Thu is developing Yatai New City in Shwe Kokko in cooperation with Yatai International Holding Group.As founding member and Secretary-General of the BGF/KNA and due to his involvement in the scam compounds, Saw Chit Thu is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaged in actions that threaten the peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024 105. Mote Thun(a.k.a. Saw Mote Thun, Mote Thone) Nationality: Myanmar/Burma;Gender: male;Rank: Lieutenant Colonel;Function: Deputy Secretary-General of the Karen/Kayin Border Guard Forces/Karen National Army (BGF/KNA); founding member of the Karen/Kayin BGF;Associated individual: Saw Chit Thu Lieutenant Colonel Mote Thun is a founding member and the Deputy Secretary-General of the Karen/Kayin Border Guard Forces (BGF/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces). He is particularly powerful in the South of Myawaddy township at the Thai-Myanmar border, where many scam centres are located. Key compounds under Mote Thun’s control include Wan Kuok-Koi’s (a.k.a. Broken Tooth) and Dongmei Zone. Mote Thun is also involved in the KK Park Project. The compounds are regional hubs for transnational crime, including online fraud, drugs, human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening peace, security and stability of Myanmar/Burma.As a founding member and Deputy General Secretary of the BGF/KNA and due to his involvement in the scam compounds, Lieutenant Colonel Mote Thun is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaging in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024 106. Tin Win(a.k.a. Saw Tin Win) Nationality: Myanmar/Burma;Gender: male;Rank: Major;Function: Direct subordinate to Colonel Saw Chit Thu in Karen National Army (KNA), former member of Border Guard Forces;Associated individual: Saw Chit Thu Major Tin Win is a direct subordinate to Colonel Saw Chit Thu in the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces).Under the direct command of Colonel Saw Chit Thu, Tin Win supports and benefits from scam compounds near Myawaddy, such as Shwe Kokko, the KK Park Project and the Huanya Project. These are major regional hubs for transnational crime, including online fraud, drug and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.In his role in the BGF/KNA and due to his involvement in scam compounds, Major Tin Win is responsible for serious human rights violations and is furthermore engaged in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024’
Name Identifying information Reasons Date of listing
‘104. Saw Chit Thu(a.k.a. Saw San Myint, Maung Chit Thu, Chit Thu) Nationality: Myanmar/Burma;Place of birth: Inn village, Hlaingbwe, Karen State, Myanmar/Burma;Gender: male;Rank: Colonel;Associated entity: Chit Linn Myaing Group Colonel Saw Chit Thu is a Karen/Kayin warlord and businessperson. He is a founding member and the Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (the Myanmar Armed Forces). Under Chit Thu’s leadership, the BGF/KNA is responsible for human rights violations and abuses against civilians in its operations areas, including scam compounds like Shwe Kokko. The compounds are regional hubs for transnational crime, including online fraud, drugs and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Saw Chit Thu is the founder and former chairman of Chit Linn Myaing Group (CLM), a group of companies run by his family in cooperation with the BGF, also involved and gaining profit from Shwe Kokko. Since 2017, Saw Chit Thu is developing Yatai New City in Shwe Kokko in cooperation with Yatai International Holding Group.As founding member and Secretary-General of the BGF/KNA and due to his involvement in the scam compounds, Saw Chit Thu is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaged in actions that threaten the peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024
105. Mote Thun(a.k.a. Saw Mote Thun, Mote Thone) Nationality: Myanmar/Burma;Gender: male;Rank: Lieutenant Colonel;Function: Deputy Secretary-General of the Karen/Kayin Border Guard Forces/Karen National Army (BGF/KNA); founding member of the Karen/Kayin BGF;Associated individual: Saw Chit Thu Lieutenant Colonel Mote Thun is a founding member and the Deputy Secretary-General of the Karen/Kayin Border Guard Forces (BGF/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces). He is particularly powerful in the South of Myawaddy township at the Thai-Myanmar border, where many scam centres are located. Key compounds under Mote Thun’s control include Wan Kuok-Koi’s (a.k.a. Broken Tooth) and Dongmei Zone. Mote Thun is also involved in the KK Park Project. The compounds are regional hubs for transnational crime, including online fraud, drugs, human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening peace, security and stability of Myanmar/Burma.As a founding member and Deputy General Secretary of the BGF/KNA and due to his involvement in the scam compounds, Lieutenant Colonel Mote Thun is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaging in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024
106. Tin Win(a.k.a. Saw Tin Win) Nationality: Myanmar/Burma;Gender: male;Rank: Major;Function: Direct subordinate to Colonel Saw Chit Thu in Karen National Army (KNA), former member of Border Guard Forces;Associated individual: Saw Chit Thu Major Tin Win is a direct subordinate to Colonel Saw Chit Thu in the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces).Under the direct command of Colonel Saw Chit Thu, Tin Win supports and benefits from scam compounds near Myawaddy, such as Shwe Kokko, the KK Park Project and the Huanya Project. These are major regional hubs for transnational crime, including online fraud, drug and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.In his role in the BGF/KNA and due to his involvement in scam compounds, Major Tin Win is responsible for serious human rights violations and is furthermore engaged in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024’
Name Identifying information Reasons Date of listing
‘104. Saw Chit Thu(a.k.a. Saw San Myint, Maung Chit Thu, Chit Thu) Nationality: Myanmar/Burma;Place of birth: Inn village, Hlaingbwe, Karen State, Myanmar/Burma;Gender: male;Rank: Colonel;Associated entity: Chit Linn Myaing Group Colonel Saw Chit Thu is a Karen/Kayin warlord and businessperson. He is a founding member and the Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (the Myanmar Armed Forces). Under Chit Thu’s leadership, the BGF/KNA is responsible for human rights violations and abuses against civilians in its operations areas, including scam compounds like Shwe Kokko. The compounds are regional hubs for transnational crime, including online fraud, drugs and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Saw Chit Thu is the founder and former chairman of Chit Linn Myaing Group (CLM), a group of companies run by his family in cooperation with the BGF, also involved and gaining profit from Shwe Kokko. Since 2017, Saw Chit Thu is developing Yatai New City in Shwe Kokko in cooperation with Yatai International Holding Group.As founding member and Secretary-General of the BGF/KNA and due to his involvement in the scam compounds, Saw Chit Thu is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaged in actions that threaten the peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024
105. Mote Thun(a.k.a. Saw Mote Thun, Mote Thone) Nationality: Myanmar/Burma;Gender: male;Rank: Lieutenant Colonel;Function: Deputy Secretary-General of the Karen/Kayin Border Guard Forces/Karen National Army (BGF/KNA); founding member of the Karen/Kayin BGF;Associated individual: Saw Chit Thu Lieutenant Colonel Mote Thun is a founding member and the Deputy Secretary-General of the Karen/Kayin Border Guard Forces (BGF/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces). He is particularly powerful in the South of Myawaddy township at the Thai-Myanmar border, where many scam centres are located. Key compounds under Mote Thun’s control include Wan Kuok-Koi’s (a.k.a. Broken Tooth) and Dongmei Zone. Mote Thun is also involved in the KK Park Project. The compounds are regional hubs for transnational crime, including online fraud, drugs, human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening peace, security and stability of Myanmar/Burma.As a founding member and Deputy General Secretary of the BGF/KNA and due to his involvement in the scam compounds, Lieutenant Colonel Mote Thun is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaging in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024
106. Tin Win(a.k.a. Saw Tin Win) Nationality: Myanmar/Burma;Gender: male;Rank: Major;Function: Direct subordinate to Colonel Saw Chit Thu in Karen National Army (KNA), former member of Border Guard Forces;Associated individual: Saw Chit Thu Major Tin Win is a direct subordinate to Colonel Saw Chit Thu in the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces).Under the direct command of Colonel Saw Chit Thu, Tin Win supports and benefits from scam compounds near Myawaddy, such as Shwe Kokko, the KK Park Project and the Huanya Project. These are major regional hubs for transnational crime, including online fraud, drug and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.In his role in the BGF/KNA and due to his involvement in scam compounds, Major Tin Win is responsible for serious human rights violations and is furthermore engaged in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024’
(2) the following entry is added to the list set out in Section B (Legal persons, entities and bodies referred to in Article 6(1)):NameIdentifying informationReasonsDate of listing‘22.Chit Linn Myaing Group (CLM)Place of registration: Myanmar/Burma;Principal place of business: Shwe Kokko, Myawaddy Township, Myawaddy District, Kayin State, Myanmar/BurmaChit Linn Myaing Group (CLM) is a group of companies controlled by Colonel Saw Chit Thu, who is a founding member and Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces), and his family. CLM is involved and profits financially from activities in scam compounds, controlled by the BGF/KNA, in the area of Myawaddy township (Thai-Myanmar border), including, among others, the city of Shwe Kokko. Shwe Kokko is a hub for transnational crime, including online fraud, drug and human trafficking. The scam city is experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Therefore, Chit Linn Myaing Group is engaged in actions that threaten peace, security and stability of Myanmar/Burma and is furthermore benefiting from the Myanmar Armed Forces. Chit Linn Myaing Group is associated with the Myanmar Armed Forces (Tatmadaw).29.10.2024’. Name Identifying information Reasons Date of listing ‘22. Chit Linn Myaing Group (CLM) Place of registration: Myanmar/Burma;Principal place of business: Shwe Kokko, Myawaddy Township, Myawaddy District, Kayin State, Myanmar/Burma Chit Linn Myaing Group (CLM) is a group of companies controlled by Colonel Saw Chit Thu, who is a founding member and Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces), and his family. CLM is involved and profits financially from activities in scam compounds, controlled by the BGF/KNA, in the area of Myawaddy township (Thai-Myanmar border), including, among others, the city of Shwe Kokko. Shwe Kokko is a hub for transnational crime, including online fraud, drug and human trafficking. The scam city is experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Therefore, Chit Linn Myaing Group is engaged in actions that threaten peace, security and stability of Myanmar/Burma and is furthermore benefiting from the Myanmar Armed Forces. Chit Linn Myaing Group is associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024’.
Name Identifying information Reasons Date of listing
‘22. Chit Linn Myaing Group (CLM) Place of registration: Myanmar/Burma;Principal place of business: Shwe Kokko, Myawaddy Township, Myawaddy District, Kayin State, Myanmar/Burma Chit Linn Myaing Group (CLM) is a group of companies controlled by Colonel Saw Chit Thu, who is a founding member and Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces), and his family. CLM is involved and profits financially from activities in scam compounds, controlled by the BGF/KNA, in the area of Myawaddy township (Thai-Myanmar border), including, among others, the city of Shwe Kokko. Shwe Kokko is a hub for transnational crime, including online fraud, drug and human trafficking. The scam city is experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Therefore, Chit Linn Myaing Group is engaged in actions that threaten peace, security and stability of Myanmar/Burma and is furthermore benefiting from the Myanmar Armed Forces. Chit Linn Myaing Group is associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024’.
Name Identifying information Reasons Date of listing
‘22. Chit Linn Myaing Group (CLM) Place of registration: Myanmar/Burma;Principal place of business: Shwe Kokko, Myawaddy Township, Myawaddy District, Kayin State, Myanmar/Burma Chit Linn Myaing Group (CLM) is a group of companies controlled by Colonel Saw Chit Thu, who is a founding member and Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces), and his family. CLM is involved and profits financially from activities in scam compounds, controlled by the BGF/KNA, in the area of Myawaddy township (Thai-Myanmar border), including, among others, the city of Shwe Kokko. Shwe Kokko is a hub for transnational crime, including online fraud, drug and human trafficking. The scam city is experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.Therefore, Chit Linn Myaing Group is engaged in actions that threaten peace, security and stability of Myanmar/Burma and is furthermore benefiting from the Myanmar Armed Forces. Chit Linn Myaing Group is associated with the Myanmar Armed Forces (Tatmadaw). 29.10.2024’.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 22 April 2013, the Council adopted Decision 2013/184/CFSP (1).
(2) On 31 January 2023, the High Representative of the Union for Foreign Affairs and Security Policy issued a declaration on behalf of the Union strongly condemning the overthrow of Myanmar’s democratically elected government by the Myanmar armed forces in blatant violation of the will of the people as expressed in the general election of 8 November 2020. That illegitimate act reversed the country’s democratic transition and led to disastrous humanitarian, social, security, economic and human rights consequences.
(3) The Union remains deeply concerned by the continuing escalation of violence in Myanmar/Burma and the evolution towards a protracted conflict with regional implications. The Union condemns the continuing grave human rights violations by the Myanmar armed forces, including torture, sexual and gender-based violence, the persecution of civil society actors, human rights defenders and journalists, and attacks on the civilian population, including ethnic and religious minorities.
(4) In the absence of swift progress in the situation in Myanmar/Burma, the Union has expressed several times its readiness to adopt further restrictive measures against those responsible for undermining democracy and the rule of law and for the serious human rights violations taking place in that country.
(5) In view of the continuing grave situation in Myanmar/Burma, three persons and one entity should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures in the Annex to Decision 2013/184/CFSP.
(6) Decision 2013/184/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
The Annex to Decision 2013/184/CFSP is amended in accordance with the Annex to this Decision.
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

The Annex to Decision 2013/184/CFSP is amended as follows:

(1) the following entries are added to the list set out in Section A (Natural persons referred to in Articles 5(1) and 6(1)):

Name
Identifying information
Reasons
Date of listing
‘104. Saw Chit Thu
(a.k.a. Saw San Myint, Maung Chit Thu, Chit Thu)
Nationality: Myanmar/Burma;
Place of birth: Inn village, Hlaingbwe, Karen State, Myanmar/Burma;
Gender: male;
Rank: Colonel;
Associated entity: Chit Linn Myaing Group
Colonel Saw Chit Thu is a Karen/Kayin warlord and businessperson. He is a founding member and the Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (the Myanmar Armed Forces). Under Chit Thu’s leadership, the BGF/KNA is responsible for human rights violations and abuses against civilians in its operations areas, including scam compounds like Shwe Kokko. The compounds are regional hubs for transnational crime, including online fraud, drugs and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.
To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.
Saw Chit Thu is the founder and former chairman of Chit Linn Myaing Group (CLM), a group of companies run by his family in cooperation with the BGF, also involved and gaining profit from Shwe Kokko. Since 2017, Saw Chit Thu is developing Yatai New City in Shwe Kokko in cooperation with Yatai International Holding Group.
As founding member and Secretary-General of the BGF/KNA and due to his involvement in the scam compounds, Saw Chit Thu is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaged in actions that threaten the peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw).
29.10.2024 105. Mote Thun
(a.k.a. Saw Mote Thun, Mote Thone)
Nationality: Myanmar/Burma;
Gender: male;
Rank: Lieutenant Colonel;
Function: Deputy Secretary-General of the Karen/Kayin Border Guard Forces/Karen National Army (BGF/KNA); founding member of the Karen/Kayin BGF;
Associated individual: Saw Chit Thu
Lieutenant Colonel Mote Thun is a founding member and the Deputy Secretary-General of the Karen/Kayin Border Guard Forces (BGF/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces). He is particularly powerful in the South of Myawaddy township at the Thai-Myanmar border, where many scam centres are located. Key compounds under Mote Thun’s control include Wan Kuok-Koi’s (a.k.a. Broken Tooth) and Dongmei Zone. Mote Thun is also involved in the KK Park Project. The compounds are regional hubs for transnational crime, including online fraud, drugs, human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening peace, security and stability in Myanmar/Burma.
To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening peace, security and stability of Myanmar/Burma.
As a founding member and Deputy General Secretary of the BGF/KNA and due to his involvement in the scam compounds, Lieutenant Colonel Mote Thun is responsible for serious human rights violations in Myanmar/Burma and is furthermore engaging in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw).
29.10.2024 106. Tin Win
(a.k.a. Saw Tin Win)
Nationality: Myanmar/Burma;
Gender: male;
Rank: Major;
Function: Direct subordinate to Colonel Saw Chit Thu in Karen National Army (KNA), former member of Border Guard Forces;
Associated individual: Saw Chit Thu
Major Tin Win is a direct subordinate to Colonel Saw Chit Thu in the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces).
Under the direct command of Colonel Saw Chit Thu, Tin Win supports and benefits from scam compounds near Myawaddy, such as Shwe Kokko, the KK Park Project and the Huanya Project. These are major regional hubs for transnational crime, including online fraud, drug and human trafficking. The scam compounds are experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.
To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.
In his role in the BGF/KNA and due to his involvement in scam compounds, Major Tin Win is responsible for serious human rights violations and is furthermore engaged in actions that threaten peace, security and stability of Myanmar/Burma. He is furthermore associated with the Myanmar Armed Forces (Tatmadaw).
29.10.2024’

(2) the following entry is added to the list set out in Section B (Legal persons, entities and bodies referred to in Article 6(1)):

Name
Identifying information
Reasons
Date of listing
‘22. Chit Linn Myaing Group (CLM) Place of registration: Myanmar/Burma;
Principal place of business: Shwe Kokko, Myawaddy Township, Myawaddy District, Kayin State, Myanmar/Burma
Chit Linn Myaing Group (CLM) is a group of companies controlled by Colonel Saw Chit Thu, who is a founding member and Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA), an armed group affiliated with the Tatmadaw (Myanmar Armed Forces), and his family. CLM is involved and profits financially from activities in scam compounds, controlled by the BGF/KNA, in the area of Myawaddy township (Thai-Myanmar border), including, among others, the city of Shwe Kokko. Shwe Kokko is a hub for transnational crime, including online fraud, drug and human trafficking. The scam city is experiencing massive human rights violations, including forced labour and torture, thus threatening the peace, security and stability in Myanmar/Burma.
To control the scam compounds, the BGF/KNA collaborates with the Tatmadaw, for example by informing the Tatmadaw about opponents of the government and by forcefully recruiting soldiers, thus further contributing to threatening the security and stability of Myanmar/Burma.
Therefore, Chit Linn Myaing Group is engaged in actions that threaten peace, security and stability of Myanmar/Burma and is furthermore benefiting from the Myanmar Armed Forces. Chit Linn Myaing Group is associated with the Myanmar Armed Forces (Tatmadaw).
29.10.2024’.

Council Decision (CFSP) 2024/2782 of 29 October 2024 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

Official Journalof the European Union ENL series
2024/2782 29.10.2024
(1) On 27 September 2010, the Council adopted Decision 2010/573/CFSP(1).
(2) On the basis of a review of Decision 2010/573/CFSP, the restrictive measures set out therein should be extended until 31 October 2025. The Council will carry out a review of the situation with regard to the restrictive measures after six months.
(3) Decision 2010/573/CFSP should therefore be amended accordingly,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).
(2) On the basis of a review of Decision 2010/573/CFSP, the restrictive measures set out therein should be extended until 31 October 2025. The Council will carry out a review of the situation with regard to the restrictive measures after six months.
(3) Decision 2010/573/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
In Article 4 of Decision 2010/573/CFSP, paragraph 2 is replaced by the following:

‘2. This Decision shall apply until 31 October 2025. 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.’.

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