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12.5.2014
EN
Official Journal of the European Union
L 137/9
COUNCIL DECISION 2014/265/CFSP
of 12 May 2014
amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 17 March 2014, the Council adopted Decision 2014/145/CFSP (1).
(2)
In view of the gravity of the situation in Ukraine, the restrictions on admission and the freezing of funds and economic resources should apply to natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and natural or legal persons, entities or bodies associated with them, or legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer. The beneficiaries of the transfer of ownership are to be understood as legal persons, entities or bodies that have become the owners of assets transferred contrary to Ukrainian law following the annexation of Crimea and Sevastopol.
(3)
In addition, the Council considers that additional persons and entities should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.
(4)
Further action by the Union is needed in order to implement certain measures.
(5)
Decision 2014/145/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/145/CFSP is hereby amended as follows:
(1)
Article 1(1) is replaced by the following:
‘1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and of natural persons associated with them, as listed in the Annex.’.
(2)
Article 2(1) is replaced by the following:
‘1. All funds and economic resources belonging to, owned, held or controlled by natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and natural or legal persons, entities or bodies associated with them, or legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer, as listed in the Annex, shall be frozen.’.
(3)
Article 3(1) is replaced by the following:
‘1. The Council, acting by unanimity upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall decide to establish and amend the list in the Annex.’.
Article 2
The persons and entities listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 12 May 2014.
For the Council
The President
C. ASHTON
(1) Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).
ANNEX
List of persons and entities referred to in Article 2.
Name
Identifying information
Reasons
Date of listing
1.
Vyacheslav Viktorovich VOLODIN
Born 4 February 1964 in Alekseevka, Saratov region.
First Deputy Chief of Staff of the Presidential Administration of Russia. Responsible for overseeing the political integration of the annexed Ukrainian region of Crimea into the Russian Federation.
12.5.2014
2.
Vladimir SHAMANOV
Born 15.02.1954 in Barnaul.
Commander of the Russian Airborne Troops, Colonel-General. In his senior position holds responsibility for the deployment of Russian airborne forces in Crimea.
12.5.2014
3.
Vladimir Nikolaevich PLIGIN
Born 19.05.1960 in Ignatovo, Vologodsk Oblast, USSR.
Chair of the Duma Constitutional Law Committee. Responsible for facilitating the adoption of legislation on the annexation of Crimea and Sevastopol into the Russian Federation.
12.5.2014
4.
Petr Grigorievich JAROSH
Acting Head of the Federal Migration Service office for Crimea. Responsible for the systematic and expedited issuance of Russian passports for the residents of Crimea.
12.5.2014
5.
Oleg Grigorievich KOZYURA
Born 19.12.1962 in Zaporozhye
Acting Head of the Federal Migration Service office for Sevastopol. Responsible for the systematic and expedited issuance of Russian passports for the residents of Crimea.
12.5.2014
6.
Viacheslav PONOMARIOV
Self-declared mayor of Slaviansk. Ponomarev called on Vladimir Putin to send in Russian troops to protect the city and later asked him to supply weapons. Ponomarev's men are involved in kidnappings (they captured Ukrainian reporter Irma Krat and Simon Ostrovsky, a reporter for Vice News, both were later released, they detained military observers under OSCE Vienna Document).
12.5.2014
7.
Igor Mykolaiovych BEZLER
Born in 1965
One of the leaders of self-proclaimed militia of Horlivka. He took control of the Security Service of Ukraine's Office in Donetsk region building and afterwards seized the Ministry of Internal Affairs' district station in the town of Horlivka. He has links to Ihor Strielkov under which command he was involved in the murder of Peoples' Deputy of the Horlivka's Municipal Council Volodymyr Rybak according to the SBU.
12.5.2014
8.
Igor KAKIDZYANOV
One of the leaders of armed forces of the self-proclaimed ‘Donetsk People's Republic’. The aim of the forces is to ‘protect the people of Donetsk People's Republic and territorial integrity of the republic’ according to Pushylin, one of the leaders of the ‘Donetsk People's Republic’.
12.5.2014
9.
Oleg TSARIOV
Member of the Rada. Publicly called for the creation of the Federal Republic of Novorossia, composed of South Eastern Ukrainian regions.
12.5.2014
10.
Roman LYAGIN
Head of the ‘Donetsk People's Republic’ Central Electoral Commission. Actively organised the referendum on 11 May on the self-determination of the ‘Donetsk People's Republic’.
12.5.2014
11.
Aleksandr MALYKHIN
Head of the ‘Lugansk People's Republic’ Central Electoral Commission. Actively organised the referendum on 11 May on the self-determination of the ‘Lugansk People's Republic’.
12.5.2014
12.
Natalia Vladimirovna POKLONSKAYA
Born 18.03.1980 in Eupatoria.
Prosecutor of Crimea. Actively implementing Russia's annexation of Crimea.
12.5.2014
13.
Igor Sergeievich SHEVCHENKO
Acting Prosecutor of Sevastopol. Actively implementing Russia's annexation of Sevastopol.
12.5.2014
Entities:
Name
Identifying information
Reasons
Date of listing
1.
PJSC CHERNOMORNEFTEGAZ
On 17.03.2014 the ‘Parliament of Crimea’ adopted a resolution declaring the appropriation of assets belonging to Chernomorneftegaz enterprise on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
12.5.2014
2.
FEODOSIA
On 17.03.2014 the ‘Parliament of Crimea’ adopted a resolution declaring the appropriation of assets belonging to Feodosia enterprise on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
12.5.2014 |
11.3.2014
EN
Official Journal of the European Union
L 70/20
COMMISSION DIRECTIVE 2014/38/EU
of 10 March 2014
amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 30(3) thereof,
Whereas:
(1)
More stringent national requirements relating to noise of new and upgraded rolling stock should be avoided as this would negatively affect interoperability of the railway system. Therefore Commission Decisions 2008/232/EC (2) and 2011/229/EU (3) adopted under Directive 2008/57/EC set maximum levels of noise for new high-speed and conventional rolling stock.
(2)
Point 1.4.4 of Annex III of Directive 2008/57/EC provides that operation of the rail system must respect existing regulations on noise pollution. This essential requirement is necessary to specify the basic noise parameters as set out in points 4.2.1, 4.2.2 and 4.2.3 of the Annex to Decision 2011/229/EU and in points 4.2.6.5.2, 4.2.6.5.3, 4.2.6.5.4 and 4.2.7.6 of the Annex to Decision 2008/232/EC.
(3)
Point 1.4.4 of Annex III to Directive 2008/57/EC refers to existing regulations which are not further specified. Therefore, in order to avoid ambiguity and stipulate the intended general objective of this Directive in relation to noise, that point should be amended.
(4)
The measures provided for in this Directive are in accordance with the opinion of the Committee established pursuant to Article 29(1) of Directive 2008/57/EC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Point 1.4.4 of Annex III to Directive 2008/57/EC is replaced by the following:
‘1.4.4.
The design and operation of the rail system must not lead to an inadmissible level of noise generated by it:
—
in areas close to railway infrastructure, as defined in Article 3 of Directive 2012/34/EU, and
—
in the driver’s cab.’.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2015 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
3. The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic of Malta for as long as no railway system is established within their territories.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 10 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 191, 18.7.2008, p. 1.
(2) Commission Decision 2008/232/EC of 21 February 2008 concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system (OJ L 84, 26.3.2008, p. 132).
(3) Commission Decision 2011/229/EU of 4 April 2011 concerning the technical specifications of interoperability relating to the subsystem ‘rolling stock – noise’ of the trans-European conventional rail system (OJ L 99, 13.4.2011, p. 1). |
19.12.2014
EN
Official Journal of the European Union
L 365/152
COUNCIL DECISION 2014/933/CFSP
of 18 December 2014
amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 23 June 2014, the Council adopted Decision 2014/386/CFSP. (1)
(2)
In view of the continued illegal annexation of Crimea and Sevastopol, the Council considers that measures should be taken to further restrict investment in Crimea and Sevastopol.
(3)
The investment prohibitions in this Decision and the restrictions on trading in goods and technology for use in certain sectors in Crimea or Sevastopol should apply to entities having their registered office, central administration or principal place of business in Crimea or Sevastopol, their subsidiaries or affiliates under their control in Crimea or Sevastopol, as well as branches and other entities operating in Crimea or Sevastopol.
(4)
In addition, trade in goods and technology for use in certain sectors in Crimea or Sevastopol should be restricted. For the purposes of this Decision, the place of use of goods and technology should be determined on the basis of an assessment of objective elements, including, but not limited to, the destination of the shipment, the postal codes of delivery, any indication on the place of consumption and documented indication by the importer. The notion of place of use should apply to goods or technology that are used continuously in Crimea or Sevastopol.
(5)
Services in the sectors of transport, telecommunications, energy or the prospection, exploration and production of oil, gas and mineral resources, as well as services related to tourism activities in Crimea or Sevastopol, including in the maritime sector should be prohibited.
(6)
The prohibitions and restrictions in this Decision cannot be construed as prohibiting or restricting the transit through the territory of Crimea or Sevastopol performed by natural or legal persons or entities of the Union.
(7)
The prohibitions and restrictions in this Decision do not apply to the conduct of legitimate business with entities outside Crimea or Sevastopol that operate within Crimea or Sevastopol where there are no reasonable grounds to determine that the related goods or services are for use in Crimea or Sevastopol or where the related investments are not destined to enterprises or any subsidiary or affiliate under their control in Crimea or Sevastopol.
(8)
Further action by the Union is needed in order to implement certain measures.
(9)
Decision 2014/386/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/386/CFSP is hereby amended as follows:
(1)
Articles 4a to 4e are replaced by the following:
‘Article 4a
1. The following shall be prohibited:
(a)
the acquisition or extension of a participation in real estate in Crimea or Sevastopol;
(b)
the acquisition or extension of a participation in entities in Crimea or Sevastopol, including the acquisition in full of such entities and the acquisition of shares, and other securities of a participating nature;
(c)
the granting of any financing to entities in Crimea or Sevastopol or for the documented purpose of financing entities in Crimea or Sevastopol;
(d)
the creation of any joint venture with entities in Crimea or Sevastopol;
(e)
the provision of investment services directly related to the activities referred to in points (a) to (d).
The prohibitions and restrictions in this Article do not apply to the conduct of legitimate business with entities outside Crimea or Sevastopol where the related investments are not destined to entities in Crimea or Sevastopol.
2. The prohibitions in paragraph 1 shall:
(a)
be without prejudice to the execution of an obligation from contracts concluded before 20 December 2014;
(b)
not prevent the extension of a participation, if such extension is an obligation under a contract concluded before 20 December 2014.
3. It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraph 1.
Article 4b
1. It shall be prohibited to sell, supply, transfer, or export goods and technology by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, whether or not originating in their territories,
(a)
to entities in Crimea or Sevastopol, or
(b)
for use in Crimea or Sevastopol,
in the following sectors:
(i)
transport;
(ii)
telecommunications;
(iii)
energy;
(iv)
the prospection, exploration and production of oil, gas and mineral resources.
2. The provision of:
(a)
technical assistance or training and other services related to the goods and technology in the sectors referred to in paragraph 1;
(b)
financing or financial assistance for any sale, supply, transfer or export of goods and technology in the sectors referred to in paragraph 1 or for the provision of related technical assistance or training,
shall be prohibited.
3. The prohibitions in paragraph 1 and paragraph 2, when related to point (b) of paragraph 1, do not apply where there are no reasonable grounds to determine that the goods and technology or the services under paragraph 2 are to be used in Crimea or Sevastopol.
4. The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution, until 21 March 2015 of contracts concluded before 20 December 2014, or ancillary contracts necessary for the execution of such contracts.
5. It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.
6. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.
Article 4c
1. It shall be prohibited to provide technical assistance, or brokering, construction or engineering services directly relating to infrastructure in Crimea or Sevastopol in the sectors referred to in Article 4b(1), independently of the origin of the goods and technology.
2. The prohibitions in paragraph 1 shall be without prejudice to the execution, until 21 March 2015 of contracts concluded before 20 December 2014, or ancillary contracts necessary for the execution of such contracts.
3. It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.
Article 4d
1. The competent authorities may grant an authorisation in relation to the activities referred to in Article 4a(1), Article 4b(2) and Article 4c(1) and to the goods and technology referred to in Article 4b(1), provided that they are:
(a)
necessary for official purposes of consular missions or international organisations enjoying immunities in accordance with international law located in Crimea or Sevastopol; or
(b)
related to projects exclusively in support of hospitals or other public health institutions providing medical services or civilian education facilities located in Crimea or Sevastopol.
2. The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation for a transaction in relation to the activities referred to in Article 4a(1), provided that the transaction is for the purpose of maintenance in order to ensure safety of existing infrastructure.
3. The competent authorities may also grant an authorisation in relation to the goods and technology referred to in Article 4b(1) and to the activities referred to in Article 4b(2) and Article 4c, where the sale, supply, transfer or export of the items or the carrying out of those activities is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment. In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation.
The Commission and the Members States shall inform each other of the measures taken under this paragraph and share any other relevant information at their disposal.
Article 4e
1. It shall be prohibited to provide services directly related to tourism activities in Crimea or Sevastopol, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States.
2. It shall be prohibited for any ship providing cruise services, to enter into or call at any port situated in the Crimean Peninsula.
The Union shall take the necessary measures in order to determine the relevant ports to be covered by this paragraph.
3. The prohibition in paragraph 2 shall not apply when a ship enters or calls at one of the ports situated in the Crimean Peninsula for reasons of maritime safety in cases of emergency. The competent authority shall be informed of the relevant entry into or call at the port within five working days.
4. The prohibitions set out in paragraph 1 shall be without prejudice to the execution, until 21 March 2015, of contracts concluded before 20 December 2014, or ancillary contracts necessary for the execution of such contracts.
5. It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraph 1.’
(2)
Articles 4f and 4g are deleted.
Article 2
This Decision shall enter into force on the day following the date of its publication in the Official Journal of the European Union.
Done at Brussels, 18 December 2014.
For the Council
The President
S. GOZI
(1) OJ L 183, 24.6.2014, p. 70. |
11.7.2014
EN
Official Journal of the European Union
L 203/23
COMMISSION IMPLEMENTING REGULATION (EU) No 749/2014
of 30 June 2014
on structure, format, submission processes and review of information reported by Member States pursuant to Regulation (EU) No 525/2013 of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (1), and in particular Articles 7(7), 7(8), 8(2), 12(3), 17(4) and 19(5) thereof,
Whereas:
(1)
The information reported to the Commission pursuant to Regulation (EU) No 525/2013 is necessary to enable the assessment of the actual progress towards meeting the Union's and the Member States' commitments relating to the limitation or reduction of all greenhouse gas emissions under the United Nations Framework Convention on Climate Change (UNFCCC) approved by Council Decision 94/69/EC (2), its Kyoto Protocol approved by Council Decision 2002/358/EC (3) and the set of Union legal acts, adopted in 2009, collectively referred to as the ‘Climate and Energy Package’. It also enables the preparation of annual reports by the Union in accordance with the obligations under the UNFCCC and the Kyoto Protocol.
(2)
Decision 19/CMP.1 of the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol lays down the guidelines for national greenhouse gas inventory systems the Parties to the Convention should apply. In Decision 24/CP.19 of the Conference of the Parties to the UNFCCC on the revision of the UNFCCC reporting guidelines on annual inventories for Parties included in Annex I to the UNFCCC, the Conference of the Parties to the UNFCCC agreed on the use by the Parties to the UNFCCC of the 2006 Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse gas inventories, the use of new IPCC global warming potential values and revised common reporting format tables as included in an Annex to that Decision.
(3)
Following the replacement of Decision No 280/2004/EC (4) by Regulation (EU) No 525/2013, Commission Decision No 2005/166/EC (5) laying down rules implementing Decision 280/2004/EC needs to be updated in order to take into account the changes in the internationally agreed guidelines and to ensure uniform conditions for the implementation of those provisions that are new in the Regulation (EU) No 525/2013 as compared to Decision 280/2004/EC. Such uniform implementing provisions should cover the reporting of greenhouse gas inventories, approximated greenhouse gas inventories, information on systems for policies and measures and projections, the use of auctioning revenue and project credits and for the purposes of Decision No 529/2013/EU of the European Parliament and of the Council (6). Given the number of changes that are necessary to Decision No 2005/166/EC it is appropriate to repeal and replace it.
(4)
To ensure that compliance with Decision No 406/2009/EC of the European Parliament and of the Council (7) is assessed in a credible, consistent, transparent and timely manner, Regulation (EU) No 525/2013 sets up at Union level a review process of the greenhouse gas inventories submitted by the Member States. It is necessary to determine the timing and steps for the conduct of the comprehensive and annual reviews of Member States' greenhouse gas inventories to ensure the timely and effective implementation of the review process.
(5)
Commission Delegated Regulation (EU) No C(2014) 1539 (8) establishes substantive requirements for the Union inventory system to fulfil the obligations set out in Decision 19/CMP.1 of the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol. To ensure the timely and effective implementation of the obligations, it is necessary to lay down timescales for cooperation and coordination between the Commission and the Member States in preparing the Union greenhouse gas inventory report.
(6)
To ensure legal certainty concerning the reporting obligations of the Union and of the Member States upon expiration of the additional period for fulfilling commitments of the Kyoto Protocol, the effects of Articles 18, 19 and 24 of Decision No 2005/166/EC should be maintained.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation establishes rules implementing Regulation (EU) No 525/2013 as regards the following:
(a)
Member States' reporting of greenhouse gas inventories, approximated greenhouse gas inventories and of information on policies and measures and projections, on the use of auctioning revenue and of project credits pursuant to Articles 7, 8, 12, 13, 14, and 17 of Regulation (EU) No 525/2013;
(b)
Member States' reporting for the purposes of Decision No 529/2013/EU;
(c)
the timing and steps for the conduct of the comprehensive and annual reviews of Member States' greenhouse gas inventories pursuant to Article 19 of Regulation (EU) No 525/2013;
(d)
timescales for the cooperation and coordination between the Commission and the Member States in preparing the Union greenhouse gas inventory report.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1)
‘common reporting format table’ means a table for information on anthropogenic greenhouse gas emissions by sources and removals by sinks included in Annex II to Decision 24/CP.19 of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) (Decision 24/CP.19) and in the Annex to Decision 6/CMP.9 of the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol;
(2)
‘reference approach’ means the reference approach by the Intergovernmental Panel on Climate Change (IPCC), as contained in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories as applicable pursuant to Article 6 of Delegated Regulation (EU) No C(2014) 1539.
(3)
‘approach 1’ means the basic method included in the 2006 IPCC Guidelines or the 2003 IPCC Good Practice Guidelines;
(4)
‘key category’ means a category which has a significant influence on a Member State's or the Union's total inventory of greenhouse gases in terms of the absolute level of emissions and removals, the trend in emissions and removals, or uncertainty in emissions and removals;
(5)
‘sectoral approach’ means the IPCC sectoral approach, as contained in the 2006 IPCC Guidelines.
CHAPTER II
REPORTING BY MEMBER STATES
Article 3
General rules for reporting greenhouse gas inventories
1. Member States shall report the information referred to in Article 7(1) to (5) of Regulation (EU) No 525/2013 to the Commission with a copy to the European Environment Agency by completing, in accordance with Article 6 of Delegated Regulation (EU) No C(2014) 1539 and with the rules provided for in this Regulation:
(a)
the common reporting format tables by providing a complete set of spread sheets or Extensible Markup Language (XML) files, depending on the availability of the appropriate software, and covering that Member State's geographical scope under Regulation (EU) No 525/2013;
(b)
the standard electronic format for reporting Kyoto Protocol units and the related reporting instructions as adopted by the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol;
(c)
the Annexes I to VIII and X to XV to this Regulation.
2. The complete national inventory report referred to in Article 7(3) of Regulation (EU) No 525/2013 shall be drafted based on the structure set out in the Appendix to the UNFCCC reporting guidelines on annual greenhouse gas inventories as included in Annex I to Decision 24/CP.19 and following the rules provided for in this Regulation.
Article 4
Reporting in the National Inventory Report or in an annex to the National Inventory Report
1. Member States shall include the information and the tabular formats required by Articles 6, 7, 9 to 16 in the National Inventory Report or in a separate annex to the National Inventory Report, as specified in Annex I.
2. Where Member States may choose whether the information and the tabular formats to be reported are included in the National Inventory Report or in a separate annex to the National Inventory Report, Member States shall clearly indicate where the information is provided by completing Annex I.
Article 5
Processes for reporting
Member States shall use the ReportNet tools of the European Environment Agency, provided pursuant to Regulation (EC) No 401/2009 of the European Parliament and of the Council (9), for the submission of the information under Articles 4, 5, 7, 8, 12 to 17 of Regulation (EU) No 525/2013.
Article 6
Reporting on national inventory systems
1. Member States shall report the information on their national inventory systems referred to in Article 5(1) of Regulation (EU) No 525/2013 in textual format, specifying:
(a)
the name and contact information for the national entity with overall responsibility for the national inventory of the Member State;
(b)
the roles and responsibilities of various agencies and entities in relation to the inventory planning, preparation and management process, as well as the institutional, legal and procedural arrangements made to prepare the inventory;
(c)
a description of the process for collecting activity data, for selecting emission factors and methods, and for developing emission estimates;
(d)
a description of the approaches used and the results of key category identification;
(e)
a description of the processes which determine when recalculations of previously submitted inventory data are performed;
(f)
a description of the quality assurance and quality control plan, its implementation and the quality objectives established, and information on internal and external evaluation and review processes and their results in accordance with the guidelines for national systems set out in the Annex to Decision 19/CMP.1 of the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol;
(g)
a description of the procedures for the official consideration and approval of the inventory.
2. Member States shall report a description of the arrangements made to ensure access of the competent inventory authorities to the information referred to in Article 5(2) of Regulation (EU) No 525/2013 including information on the organizations providing the information, the regular scheduling of the access to information, the level of disaggregation and completeness to which access is provided.
Article 7
Reporting on consistency of the reported data on air pollutants
1. Member States shall report textual information on the results of the checks referred to in Article 7(1)(m)(i) of Regulation (EU) No 525/2013 and on the consistency of the data pursuant to Article 7(1)(b) of Regulation (EU) No 525/2013 including:
(a)
a brief assessment whether the emissions estimates of carbon monoxide (CO), sulphur dioxide (SO2), nitrogen oxides (NOx) and volatile organic compounds, in inventories submitted by the Member State under Directive 2001/81/EC of the European Parliament and of the Council (10) and under the UNECE Convention on Long-range Transboundary Air Pollution are consistent with the corresponding emission estimates in greenhouse gas inventories under Regulation (EU) No 525/2013.
(b)
the submission dates of the reports under Directive 2001/81/EC and under the UNECE Convention on Long-range Transboundary Air Pollution that were compared with the inventory submission under Regulation (EU) No 525/2013.
2. Where the checks referred to in paragraph 1 of this Article result in differences of more than +/–5 % between the total emissions excluding Land Use, Land-Use Change and Forestry (LULUCF) for a particular air pollutant reported under Regulation (EU) No 525/2013 and respectively under Directive 2001/81/EC or the UNECE Convention on Long-range Transboundary Air Pollution for the year X-2, the Member State concerned shall report in accordance with the tabular format set out in Annex II to this Regulation in addition to the textual information pursuant to paragraph 1 of this Article for that air pollutant.
3. Member States may report only textual information if the difference of more than +/– 5 % referred to in paragraph 2 derives from correction of data errors, differences in geographical coverage or in scope of application in between the respective legal instruments.
Article 8
Reporting on recalculations
Member States shall report the reason for recalculations of the base year or period and of year X-3 referred to in Article 7(1)(e) of Regulation (EU) No 525/2013 in the tabular format set out in Annex III to this Regulation.
Article 9
Reporting on implementation of recommendations and adjustments
1. Under Article 7(1)(j) of Regulation (EU) No 525/2013, Member States shall report on the status of implementation of each adjustment and of each recommendation listed in the most recently published individual UNFCCC review report, including reasons for not implementing such a recommendation, in accordance with the tabular format specified in Annex IV to this Regulation.
2. Member States shall report on the status of implementation of each recommendation listed in the most recent review report pursuant to Article 35(2) in accordance with the tabular format specified in Annex IV.
Article 10
Reporting on consistency of reported emissions with data from the emissions trading scheme
1. Member States shall report the information referred to in Article 7(1)(k) of Regulation (EU) No 525/2013 in accordance with the tabular format set out in Annex V to this Regulation.
2. Member States shall report textual information on the results of the checks performed pursuant to Article 7(1)(l) of Regulation (EU) No 525/2013.
Article 11
Reporting on consistency of the data reported on fluorinated greenhouse gases
Member States shall report textual information on the results of the checks referred to in Article 7(1)(m)(ii) of Regulation (EU) No 525/2013 including:
(a)
a description of the checks performed by the Member State concerning the level of detail, the data sets and the submissions compared;
(b)
a description of the main results of the checks and explanations for the main inconsistencies;
(c)
information whether the data collected by operators under Article 3(6) of Regulation (EC) No 842/2006 (11) has been made use of and how;
(d)
where the checks have not been performed, an explanation of the reasons why the checks were not considered to be relevant.
Article 12
Reporting on consistency with energy data
1. Under Article 7(1)(m)(iii) of Regulation (EU) No 525/2013, Member States shall report textual information on the comparison between the reference approach calculated on the basis of the data included in the greenhouse gas inventory and the reference approach calculated on the basis of the data reported pursuant to Article 4 of Regulation (EC) No 1099/2008 of the European Parliament and of the Council (12) and Annex B to that Regulation.
2. Member States shall provide quantitative information and explanations for differences of more than +/– 2 % in the total national apparent fossil fuel consumption at aggregate level for all fossil fuel categories for the year X-2 in accordance with the tabular format set out in Annex VI.
Article 13
Reporting on changes in descriptions of national inventory systems or registries
Member States shall clearly state in the relevant chapters of the national inventory report if there have been no changes in the description of their national inventory systems or of their national registries referred to in Article 7(1)(n) and (o) of Regulation (EU) No 525/2013 since the previous submission of the national inventory report.
Article 14
Reporting on uncertainty and completeness
1. For the purposes of reporting on uncertainty under Article 7(1)(p) of Regulation (EU) No 525/2013, Member States shall report approach 1 uncertainty estimates for
(a)
emission levels and trends and
(b)
activity data and emission factors or other estimation parameters used at the appropriate category level using the tabular format set out in Annex VII to this Regulation.
2. The general assessment of completeness referred to in Article 7(1)(p) of Regulation (EU) No 525/2013 shall include:
(a)
an overview of the categories that have been reported as not estimated (NE), as defined in the UNFCCC reporting guidelines on annual greenhouse gas inventories included in Annex I to Decision 24/CP.19, and detailed explanations for the use of this notation key especially where the 2006 IPCC Guidelines for National Greenhouse Gas Inventories provide methods for estimation of greenhouse gases;
(b)
a description of the geographical coverage of the greenhouse gas inventory.
3. Where a Member State submits inventories with different geographical coverage under the UNFCCC and the Kyoto Protocol and under Regulation (EU) No 525/2013, that Member State shall provide a short description of the principles and methods applied to distinguish emissions and removals reported for the Union's territory from emissions and removals reported for non-Union territories when compiling the inventory for the Union's territory of the respective Member State.
Article 15
Reporting on other elements for the preparation of the Union greenhouse gas inventory report
1. To enable the preparation of the Union greenhouse gas inventory report as referred to in Article 7(1)(p) of Regulation (EU) No 525/2013, Member States shall report the information on the methods and emission factors used for those categories identified as Union key category in the relevant XML files and common reporting format tables.
2. For the purposes of paragraph 1, the Commission shall provide the list of most recent Union's key categories by 31 October of the year prior to the inventory submission.
3. Member States shall explain and interpret past emission trends and inter-annual variations at aggregate level in each sector including reference to the main drivers identified to have significant impacts on the trends. The focus shall lie on the explanation of changes in the most recent inventory year compared with 1990 and on explanations of significant inter-annual variations for the most recent years of reporting, in particular from year X-3 to year X-2.
Article 16
Reporting on major changes to methodological descriptions
By 15 March of each year, Member States shall report the major changes to the methodological descriptions in the national inventory report since its submission due on 15 April of the previous year, in the tabular format set out in Annex VIII.
Article 17
Reporting approximated greenhouse gas inventories
1. Member States shall report approximated greenhouse gas inventories as referred to in Article 8(1) of Regulation (EU) No 525/2013, in accordance with the common reporting format table — Summary table 2 as following:
(a)
at a level of disaggregation of source categories reflecting the activity data and methods available for the preparation of estimates for the year X-1;
(b)
excluding the total approximated CO2 equivalent emissions and removals from LULUCF;
(c)
adding two columns for reporting the split between emissions included in the scope of the Union's emissions trading scheme established by Directive 2003/87/EC of the European Parliament and of the Council (13) and emissions covered by Decision No 406/2009/EC by source category, where available.
2. Member States shall provide explanations including on main drivers for the trends in emissions reported in Summary table 2 compared to the inventory already reported. Such explanation shall reflect only the information available for the preparation of estimates for the year X-1.
Article 18
Timescales for cooperation and coordination in preparing the Union greenhouse gas inventory report
Member States and the Commission shall cooperate and coordinate in the preparation of the Union greenhouse gas inventory and of the Union inventory report and comply with the time-limits set out in Annex IX.
Article 19
Reporting on the determination of the assigned amount
Member States shall submit a report with the information necessary to facilitate the calculation of the joint assigned amount and the assigned amount of the Union pursuant to Article 3, paragraphs 7bis, 8 and 8bis of the Kyoto Protocol for the second commitment period in accordance with Annex I to Decision 2/CMP.8 related to that report, to the Commission three months prior to the time limit for submission of that report to the UNFCCC.
Article 20
Reporting on national systems for policies and measures and projections
Member States shall report on national systems for policies and measures and projections referred to in Article 13(1)(a) of Regulation (EU) No 525/2013, including:
(a)
information concerning the relevant institutional, legal and procedural arrangements, including the designation of the appropriate national entity or entities entrusted with overall responsibility for the policy evaluation of the Member State concerned and for the projections of anthropogenic greenhouse gas emissions;
(b)
a description of relevant institutional, legal and procedural arrangements established within a Member State for evaluating policy and for making projections of anthropogenic greenhouse gas emissions by sources and removals by sinks;
(c)
a description of the relevant procedural arrangements and timescales to ensure the timeliness, transparency, accuracy, consistency, comparability and completeness of the information reported on policies and measures and the information reported on projections;
(d)
a description of the overall process for the collection and use of data, together with an assessment of whether consistent processes for collection and use of data are underpinning the evaluation of policies and measures and the making of projections as well as the different projected sectors in the making of projections;
(e)
a description of the process for selecting assumptions, methodologies and models for policy evaluation, and for making projections of anthropogenic greenhouse gas emissions;
(f)
a description of the quality assurance and quality control activities and of the sensitivity analysis for projections carried out.
Article 21
Reporting on updates to Member States' low-carbon development strategies
Member States shall report on updates of their low-carbon development strategies referred to in Article 13(1)(b) of Regulation (EU) No 525/2013, including information concerning:
(a)
the objective and a short description of the update carried out;
(b)
the legal status of the low-carbon development strategy and of its update;
(c)
the changes and expected impacts of the update on the implementation of the low-carbon development strategy;
(d)
the timeline and a description of the progress for the implementation of the low-carbon development strategy and of its update, and where available, an assessment of the projected costs and benefits associated with the update;
(e)
the manner in which the information is made available to the public pursuant to Article 4(3) of Regulation (EU) No 525/2013.
Article 22
Reporting on policies and measures
1. Member States shall report the information on policies and measures referred to in Article 13(1)(c), (d) and (e) of Regulation (EU) No 525/2013 in accordance with the tabular formats set out in Annex XI to this Regulation and using the reporting template provided and the submission process introduced by the Commission.
2. Member States shall report qualitative information regarding the links between the different policies and measures reported pursuant paragraph 1 and the way such policies and measures contribute to the different projection scenarios including an assessment of their contribution to the achievement of a low-carbon development strategy, in a textual format in addition to the tabular format referred to in paragraph 1.
Article 23
Reporting on projections
1. Member States shall report the information on projections of anthropogenic greenhouse gases emissions by sources and removals by sinks referred to in Article 14 of Regulation (EU) No 525/2013 in accordance with the tabular formats set out in Annex XII to this Regulation, using the reporting template provided and the submission process introduced by the Commission.
2. Member States shall provide additional information, in a textual format, regarding:
(a)
the results of the sensitivity analysis for the total reported greenhouse gas emissions, together with a brief explanation on which parameters were varied and how.
(b)
the results of the sensitivity analysis split on total emissions covered by Decision No 406/2009/EC, total emissions included in the scope of the Union's emissions trading scheme established by Directive 2003/87/EC and total LULUCF emissions when such information is available;
(c)
the year of inventory data (base year) and year of inventory report used as a starting point for the projections;
(d)
the methodologies used for the projections, including a brief description of models used and their sectoral, geographical and temporal coverage, references for further information on the models and information on key exogenous assumptions and parameters used.
3. Nine months before the time-limit for submission of a report on projections pursuant to Article 14(1) of Regulation (EC) No 525/2013 and in consultation with the Member States, the Commission shall recommend harmonised values for key supra-nationally determined parameters including carbon prices under emission trading scheme, international oil and coal import prices, with a view of ensuring consistency of the aggregated Union projections.
Article 24
Reporting on the use of auctioning revenues
Member States shall report the information on the use of auctioning revenues referred to in Article 17(1)(b) and (c) and Article 17(2) of Regulation (EU) No 525/2013 in accordance with the tabular formats set out in Annex XIII to this Regulation.
Article 25
Reporting on the project credits used for compliance with Decision No 406/2009/EC
Member States shall report the information on the project credits used for compliance with Decision No 406/2009/EC referred to in Article 17(1)(a) and (d) of Regulation (EU) No 525/2013 in accordance the tabular format set out in Annex XIV to this Regulation.
Article 26
Reporting on summary information on concluded transfers
1. Member States shall report the summary information on concluded transfers pursuant to Article 3(4) and (5) of Decision No 406/2009/EC in accordance with the tabular format set out in Annex XV to this Regulation.
2. The Commission services shall compile and make available electronically a report summarizing the information provided by Member States on annual basis. Such report shall provide only aggregated data and shall not disclose information from individual Member States on prices per unit of annual emission allocation.
CHAPTER III
UNION EXPERT REVIEW OF GREENHOUSE GAS EMISSIONS
Article 27
Organisation of the Reviews
1. In conducting the reviews referred to in Article 19(1) and (2) of Regulation (EU) No 525/2013 the Commission and the European Environment Agency shall be supported by a technical experts review team.
2. The European Environment Agency shall act as Secretariat for the reviews.
3. The Commission and the European Environment Agency shall select a sufficient number of review experts and covering the appropriate inventory sectors in order to ensure an adequate review of the greenhouse gas inventories concerned within the time period available.
4. The review experts selected pursuant to paragraph 3 shall have experience in the area of greenhouse gas inventories compilation and, preferably be active in greenhouse gas review processes.
5. A member of the technical experts review team who has contributed to the compilation of an individual Member State's greenhouse gas inventory, or who is a national of the Member State' whose inventory is concerned, shall not take part in the review of that inventory.
6. The Commission and the European Environment Agency shall strive to ensure that the review of greenhouse gas inventories is performed consistently across all Member States concerned and in an objective manner, in order to ensure a high quality of the resulting technical assessments.
7. The reviews shall be carried out as desk-based or centralized reviews.
8. The Secretariat may decide to organize:
(a)
a desk-based and centralized review in the same year;
(b)
an in-country visit in addition to the desk-based or centralized reviews upon recommendation of the technical experts review team and in consultation with the Member State concerned.
Article 28
Tasks of the Secretariat
The tasks of the Secretariat referred to in Article 27(2) shall include:
(a)
preparing the work plan for the review;
(b)
compiling and providing the information necessary for the work of the technical experts review team;
(c)
coordinating the review activities as set out in this Regulation, including the communication between the technical experts review team and the designated contact person or persons of the Member State under review, as well as making other practical arrangements;
(d)
confirming cases where Member State's greenhouse gas inventories present significant issues in the meaning of Article 31, in consultation with the Commission;
(e)
compiling and editing the final and interim review reports and communicating them to the Member State concerned and to the Commission.
Article 29
First step of the annual review
The checks to verify the transparency, accuracy, consistency, comparability and completeness of the information submitted referred to in Article 19(3)(a) of Regulation (EU) No 525/2013 may include:
(a)
an assessment whether all emission source categories and gases required under Regulation (EU) No 525/2013 are reported;
(b)
an assessment whether emissions data time series are consistent;
(c)
an assessment whether implied emission factors across Member States are comparable taking the IPCC default emission factors for different national circumstances into account;
(d)
an assessment of the use of ‘Not Estimated’ notation keys where IPCC tier 1 methodologies exist and where the use of the notation key is not justified in accordance with paragraph 37 of the UNFCCC reporting guidelines on annual greenhouse gas inventories as included in Annex I to Decision 24/CP.19;
(e)
an analysis of recalculations performed for the inventory submission, in particular if the recalculations are based on methodological changes;
(f)
a comparison of the verified emissions reported under the Union's Emissions Trading System with the greenhouse gas emissions reported pursuant to Article 7 of Regulation (EU) No 525/2013 with a view of identifying areas where the emission data and trends as submitted by the Member State under review deviate considerably from those of other Member States;
(g)
a comparison of the results of Eurostat's reference approach with the Member States' reference approach;
(h)
a comparison of the results of Eurostat's sectoral approach with the Member States' sectoral approach;
(i)
an assessment whether recommendations from earlier Union or UNFCCC reviews, not implemented by the Member State could lead to a technical correction;
(j)
an assessment whether there are potential overestimations or underestimations relating to a key category in a Member State's inventory.
Article 30
Trigger for the second step of the annual review
In the framework of the annual review, where the checks pursuant to Article 29 identify significant issues in the meaning of Article 31, at a Member State's request, in case of late submission of the inventory that prevents the carrying out of the first step review checks pursuant to the timeline as set out in Annex XVI or in case of a lack of response to the first step review results, the checks set out in Article 32 shall be carried out.
Article 31
Threshold of significance
1. Recommendations from earlier Union or UNFCCC reviews which have not been implemented shall constitute a significant issue under Article 19(4)(a) of Regulation No (EU) 525/2013 if the recommendation or question concern overestimates or underestimates of greenhouse gas inventory data which could lead to a technical correction and if that Member State has not provided satisfactory explanation for the lack of implementation of that recommendation.
2. An underestimate or overestimate of inventory data that amounts to below 0.05 per cent of a Member State's total national greenhouse gas emissions without LULUCF for the year of the inventory under review or that does not exceed 500 kt CO2 equivalent, whichever is smaller, shall not be considered a significant issue under Article 19(4)(b) of Regulation (EU) No 525/2013.
Article 32
Second step of the annual review
1. The checks to identify cases where inventory data is prepared in a manner which is inconsistent with the UNFCCC guidance documentation or Union rules referred to in Article 19(3)(b) of Regulation (EU) No 525/2013 may include:
(a)
detailed examination of the inventory estimates including methodologies used by the Member State in the preparation of inventories;
(b)
detailed analysis of the Member State's implementation of recommendations related to improving inventory estimates as listed in its most recent UNFCCC annual review report made available to that Member State before the submission under review or in the final review report pursuant to Article 35(2) of this Regulation; where recommendations have not been implemented a detailed analysis of the justification provided by the Member State for not implementing them;
(c)
detailed assessment of the time series consistency of the greenhouse gas emissions estimates;
(d)
detailed assessment whether the recalculations made by a Member State in the given inventory submission as compared to the previous one are transparently reported and made in accordance with the 2006 IPCC Guidelines for National Greenhouse Gas Inventories;
(e)
follow-up on the results of the checks referred to in Article 29 of this Regulation and on any additional information submitted by the Member State under review in response to questions from the technical experts review team and other relevant checks.
2. A Member State that wishes to undergo the checks referred to in paragraph 1 upon request, shall notify the Commission by 31 October of the year preceding the year when the relevant review takes place.
Article 33
Comprehensive Review
1. The comprehensive review referred to in Article 19(1) of Regulation (EU) No 525/2013 shall include the checks pursuant to Articles 29 and 32 of this Regulation for the whole inventory.
2. The comprehensive review may include checks to identify whether problems identified for one Member State in the UNFCCC or Union reviews may also constitute a problem for other Member States.
Article 34
Technical corrections
1. A technical correction shall be deemed necessary in the meaning of Article 19(3)(c) of Regulation (EU) No 525/2013 if an underestimate or overestimate exceeds the threshold of significance pursuant to Article 31 of this Regulation. Only the technical corrections deemed necessary shall be included in the final review report referred to in Article 35(2) of this Regulation accompanied by evidence based justification.
2. Should a technical correction exceed the threshold of significance for at least one year of the inventory under review but not for all the years of the time series, the technical correction shall be calculated for all the other years under review in order to ensure time series consistency.
Article 35
Review Reports
1. By 20 April of every year with an annual review, the Secretariat shall inform the Member State concerned of any significant issues pursuant to Articles 30 and 31 by means of an interim review report. Such report shall address issues that have been raised no later than by 31 March.
2. The Secretariat shall inform the Member State concerned of the end of the review by means of a final review report as follows:
(a)
by 20 April in the case where no interim report was sent pursuant to paragraph 1;
(b)
by 30 June at the end of the second step of the annual review;
(c)
by 30 August at the end of the comprehensive review.
Article 36
Cooperation with Member States
1. Member States shall:
(a)
participate in all the steps of the review pursuant to the schedule as set in Annex XVI;
(b)
nominate a National contact point for the Union's review;
(c)
participate in and facilitate in close cooperation with the Secretariat the organisation of an in-country visit, if needed;
(d)
provide answers and additional information and comment on the review reports as relevant.
2. Upon request by the Member States, comments regarding the review findings shall be included in the final review report.
3. The Commission shall inform the Member States of the composition of the technical experts review team.
Article 37
Schedule for the reviews
The comprehensive and the annual reviews shall be carried out pursuant to the schedules set out in Annex XVI.
CHAPTER IV
REPORTING FOR THE PURPOSES OF DECISION No 529/2013/EU
Article 38
Avoidance of double reporting
To the extent that a Member State includes information in its national inventory report and in accordance with Article 3 of this Regulation that is required also pursuant to Decision No 529/2013/EU, that Member State shall be deemed to have complied with its respective reporting obligations under that Decision.
Article 39
Reporting requirements on systems for cropland management and grazing land management
1. To the extent that a Member State has not included information in its national inventory report as set out in Article 38 of this Regulation, it shall report textual information on the systems in place and being developed to estimate emissions and removals from cropland management or grazing land management as referred to in point (a) of the second subparagraph of Article 3(2) of Decision No 529/2013/EU including the following elements:
(a)
a description of the institutional, legal and procedural arrangements made in accordance with the requirements for national systems under the Kyoto Protocol as set out in the Annex to Decision 19/CMP.1 and in accordance with the requirements for national arrangements under the UNFCCC reporting guidelines for national greenhouse gas inventories as set out in Annex I to Decision 24/CP.19.
(b)
a description of the manner in which the systems implemented are consistent with the methodological requirements of the IPCC report ‘2013 Revised Supplementary Methods and Good Practice Guidance Arising from the Kyoto Protocol’, the ‘2006 IPCC Guidelines for National Greenhouse Gas Inventories’ and, as applicable, with the ‘2013 Supplement to 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands’.
2. Member States shall submit the information set out in paragraph 1 as a separate report to the Commission pursuant to the following schedule:
(a)
the first report in the year 2016 for the reporting year 2014 including all developments starting with 1 January 2013,
(b)
the second report in the year 2017 for the reporting year 2015 and,
(c)
the third report in the year 2018 for the reporting year 2016.
3. Member States shall focus the information included in the reports subsequent to the first report on any changes and developments that have occurred for their systems compared with the information included in their previous report.
Article 40
Reporting requirements on annual estimates of emissions and removals from cropland management and grazing land management
1. Member States that did not elect cropland management or grazing land management under the Kyoto Protocol shall report initial, preliminary and non-binding annual estimates of emissions and removals from cropland management or grazing land management as referred in point (b) of the second subparagraph of Article 3(2) of Decision No 529/2013/EU by including information for the relevant base year or period specified in Annex VI to Decision No 529/2013/EU.
2. The first annual report shall be submitted in the year 2015 for the reporting year 2013.
3. Member States to which paragraph 1 of this Article applies shall submit final annual estimates of emissions and removals from cropland management or grazing land management pursuant to point (c) of the second subparagraph of Article 3(2) of Decision No 529/2013/EU for all reporting years for the period from 1 January 2013 to 31 December 2020, by including final information for the relevant base year or period specified in Annex VI to Decision No 529/2013/EU.
4. When providing the information specified in paragraphs 1 and 2 of this Article Member States shall comply with the following requirements:
(a)
complete all relevant common reporting format tables as included in the Annex to Decision 6/CMP.9 for the respective activity under the Kyoto Protocol for the second commitment period, including the cross-cutting tables on activity coverage, the land transition matrix and the information table on accounting, and
(b)
include explanatory information on methodologies and data used as required in the national inventory report in accordance with Decision 2/CMP.8 under the Kyoto Protocol and its Annex II.
Article 41
Specific reporting requirements
1. By derogation from Article 38 of this Regulation, where a Member State reports for its accounting obligation under the Kyoto Protocol information in accordance with the provisions on forest plantations set out in paragraphs 37 to 39 of the Annex to Decision 2/CMP.7, it shall submit for the purpose of its obligations under Decision No 529/2013/EU separate common reporting format tables for the activities of forest management and deforestation completed without the application of the provisions in paragraphs 37 to 39 of the Annex to Decision 2/CMP.7.
2. By derogation from Article 38 of this Regulation, where a Member State which did not elect cropland management or grazing land management under the Kyoto Protocol reports information on wetland drainage and rewetting for its accounting under that protocol and where that Member State applies Article 3(3) of Decision No 529/2013/EU, it shall submit separate common reporting format tables for those activities completed in accordance with that Decision.
Article 42
Submission of information
1. The information corresponding to the reporting requirements set out in Articles 39, 40 and 41 of this Regulation shall be submitted to the Commission as a separate annex to the national inventory report referred to in Article 7(3) of Regulation (EU) No 525/2013.
2. To the extent that Article 38 of this Regulation does not apply, for their reporting obligations pursuant to the first subparagraph of Article 3(2) and Article 3(3) of Decision No 529/2013/EU Member States shall report in accordance with Article 3 of this Regulation and include the corresponding information in the annex to the national inventory report referred to in Article 7(3) of Regulation (EU) No 525/2013.
Article 43
Reporting at the end of an accounting period
For the purposes of Article 7(2) of Regulation (EU) No 525/2013 Member States shall submit information in accordance with Article 3 of this Regulation and in accordance with the provisions set out in this Chapter.
CHAPTER V
TRANSITIONAL AND FINAL PROVISIONS
Article 44
Repeal and transitional provision
Decision No 2005/166/EC is repealed. The effects of Articles 18, 19 and 24 shall be maintained.
Article 45
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 165, 18.6.2013, p. 13.
(2) Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change (OJ L 33, 7.2.1994, p. 11).
(3) Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130, 15.5.2002, p. 1).
(4) Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ L 49, 19.2.2004, p. 1).
(5) Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ L 55, 1.3.2005, p. 57).
(6) Decision No 529/2013/EU of the European Parliament and of the Council of 21 May 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities (OJ L 165, 18.6.2013, p. 80).
(7) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
(8) Commission Delegated Regulation (EU) No C(2014) 1539 establishing substantive requirements for a Union inventory system and taking into account changes in the global warming potentials and internationally agreed inventory guidelines pursuant to Regulation (EU) No 525/2013 of the European Parliament and of the Council.
(9) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).
(10) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p. 22).
(11) Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (OJ L 161, 14.6.2006, p. 1).
(12) Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).
(13) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
ANNEX I
Overview table of reporting requirements and their submission
[Article of] This Regulation
Information to be provided in the National Inventory Report (NIR)
(tick)
Information to be provided in a separate annex to NIR
(tick)
Reference to chapter in the NIR or in separate annex
(specify)
Article 6 Reporting on national inventory systems
Obligatory
Not applicable
Article 7 Reporting on consistency of the reported data on air pollutants
Possible
Possible
If in the NIR: Chapter of the NIR on ‘quality assurance, quality control and verification plan’
Article 9(1) Reporting on implementation of recommendations and adjustments
Obligatory
Not applicable
Chapter of the NIR on recalculations and improvements
Article 9(2) Reporting on implementation of recommendations and adjustments
Not applicable
Obligatory
Article 10(1) Reporting on consistency of reported emissions with data from the emissions trading scheme
Not applicable
Obligatory
Article 10(2) Reporting on consistency of reported emissions with data from the emissions trading scheme
Possible
Possible
If in the NIR: In the relevant sections of the NIR
Article 11 Reporting on consistency of the data reported on fluorinated greenhouse gases
Not applicable
Obligatory
Article 12 Reporting on consistency with energy data
Possible
Possible
If in the NIR: In the relevant sections of the NIR
Article 13 Reporting on changes in descriptions of national inventory systems or registries
Obligatory
Not applicable
In the relevant chapters of the NIR
Article 14 Reporting on uncertainty and completeness
Obligatory
Not applicable
In the CRF Table 9 and in the respective chapters of the NIR
Article 15(1) Reporting on other elements for the preparation of the Union greenhouse gas inventory report
Obligatory
Not applicable
In the relevant chapters of the NIR
Article 15(3) Reporting on other elements for the preparation of the Union greenhouse gas inventory report
Obligatory
Not applicable
In the respective chapters of the NIR
Article 16 Reporting on major changes to methodological descriptions
Possible
Possible
If in the NIR: In the chapter on recalculations and improvements in the NIR
ANNEX II
Format for reporting information on consistency of the reported data on air pollutants pursuant to Article 7
Pollutant:
EMISSION CATEGORIES
Emissions for pollutant X reported in greenhouse gas (GHG) inventory (in kt)
Emissions for pollutant X reported under Directive 2001/81/EC (NEC), submission version X (in kt)
Absolute difference in kt (1)
Relative difference in % (2)
Emissions for pollutant X reported in the UNECE Convention on Long-range Transboundary Air Pollution (CLRTAP) inventory, submission version X (in kt)
Absolute difference in kt (1)
Relative difference in % (2)
Explanations for differences
Total (Net Emissions)
1.
Energy
A.
Fuel combustion (sectoral approach)
1.
Energy industries
2.
Manufacturing industries and construction
3.
Transport
4.
Other sectors
5.
Other
B.
Fugitive emissions from fuels
1.
Solid fuels
2.
Oil and natural gas and other emissions from energy production
2.
Industrial processes and product use
A.
Mineral industry
B.
Chemical industry
C.
Metal industry
D.
Non-energy products from fuels and solvent use
G.
Other product manufacture and use
H.
Other
3.
Agriculture
B.
Manure management
D.
Agricultural soils
F.
Field burning of agricultural residues
J.
Other
5.
Waste
A.
Solid waste isposal
B.
Biological treatment of solid waste
C.
Incineration and open burning of waste
D.
Wastewater treatment and discharge
E.
Other
6.
Other
(1) Emissions reported in GHG inventory minus emissions reported in NEC/CLRTAP inventory
(2) Difference in kt divided by emissions reported in GHG inventory
(3)
Data to be reported up to one decimal point for kt and % values
ANNEX III
Format for reporting on recalculations pursuant to Article 8
Recalculated Year
Per Gas: CO2, N2O, CH4
GREENHOUSE GAS SOURCE AND SINK CATEGORIES
Previous submission
(CO2-eq, kt)
Latest submission
(CO2-eq, kt)
Difference
(CO2-eq, kt)
Difference (1)
%
Impact of recalculation on total emissions excluding LULUCF (2)
%
Impact of recalculation on total emissions including LULUCF (3)
%
Explanation for recalculations
Total National Emissions and Removals
1.
Energy
A.
Fuel combustion activities
1.
Energy industries
2.
Manufacturing industries and construction
3.
Transport
4.
Other sectors
5.
Other
B.
Fugitive Emissions from Fuels
1.
Solid fuels
2.
Oil and natural gas
C.
CO2 transport and storage
2.
Industrial processes and product use
A.
Mineral industry
B.
Chemical industry
C.
Metal industry
D.
Non-energy products from fuels and solvent use
G.
Other product manufacture and use
H.
Other
3.
Agriculture
A.
Enteric fermentation
B.
Manure management
C.
Rice cultivation
D.
Agricultural soils
E.
Prescribed burning of savannahs
F.
Field burning of agricultural residues
G.
Liming
H.
Urea application
I.
Other carbon-containing fertilizer
J.
Other
4.
Land use, land-use change and forestry (net) (4)
A.
Forestland
B.
Cropland
C.
Grassland
D.
Wetlands
E.
Settlements
F.
Other land
G.
Harvested wood products
H.
Other
5.
Waste
A.
Solid waste disposal
B.
Biological treatment of solid waste
C.
Incineration and open burning of waste
D.
Wastewater treatment and discharge
E.
Other
6.
Other (As specified in summary 1.A)
Memo items:
International bunkers
Aviation
Navigation
Multilateral operations
CO2 emissions from biomass
CO2 captured
Long-term storage of C in waste disposal sites
Indirect N2O
Indirect CO2
F-gases: Total actual Emissions
Year
Per Gas:
PFCs, HFCs, SF6, unspecified mix of HFCs and PFCs, NF3
GREENHOUSE GAS SOURCE AND SINK CATEGORIES
Previous submission
(CO2-eq, kt)
Latest submission
(CO2-eq, kt)
Difference
(CO2-eq, kt)
Difference (1)
%
Impact of recalculation on total emissions excluding LULUCF (2)
%
Impact of recalculation on total emissions including LULUCF (3)
%
Explanation for recalculations
2.B.9.
Fluorochemical production
2.B.10.
Other
2.C.3.
Aluminium production
2.C.4
Magnesium production
2.C.7.
Other
2.E.1.
Integrated circuit or semiconductor
2.E.2.
TFT flat panel display
2.E.3.
Photovoltaics
2.E.4.
Heat transfer fluid
2.E.5.
Other (as specified in table 2(II))
2.F.1.
Refrigeration and air conditioning
2.F.2.
Foam blowing agents
2.F.3.
Fire protection
2.F.4.
Aerosols
2.F.5.
Solvents
2.F.6.
Other applications
2.G.1.
Electrical equipment
2.G.2.
SF6 and PFCs from other product use
2.G.4.
Other
2.H.
Other (Please specify:)
(1) To be estimated the percentage change due to recalculation with respect to the previous submission (percentage change = 100 x [(LS – PS)/PS], where LS = latest submission and PS = previous submission. All cases of recalculation of the estimate of the source/sink category must be addressed and explained in the NIR.
(2) Total emissions refer to total aggregate GHG emissions expressed in terms of CO2 equivalent, excluding GHGs from the LULUCF sector. The impact of the recalculation on the total emissions is calculated as follows: impact of recalculation (%) = 100 x [(source (LS) — source (PS))/total emissions (LS)], where LS = latest submission, PS = previous submission.
(3) Total emissions refer to total aggregate GHG emissions expressed in terms of CO2 equivalent, including GHGs from the LULUCF sector. The impact of the recalculation on the total emissions is calculated as follows: impact of recalculation (%) = 100 x [(source (LS) — source (PS))/total emissions (LS)], where LS = latest submission, PS = previous submission.
(4) Net CO2 emissions/removals to be reported.
ANNEX IV
Format for reporting information on implementation of recommendations and adjustments pursuant to Article 9
CRF category/issue
Review recommendation
Review report/paragraph
MS response/status of implementation
Chapter/section in the NIR
ANNEX V
Format for reporting information on consistency of reported emissions with emissions trading scheme (ETS) data pursuant to Article 10
Allocation of verified emissions reported by installations and operators under Directive 2003/87/EC to source categories of the national greenhouse gas inventory
Member State
Reporting year:
Basis for data: verified ETS emissions and greenhouse gas emissions as reported in inventory submission for the year X-2
Total emissions (CO2-eq)
Greenhouse gas inventory emissions
[kt CO2eq] (3)
Verified emissions under Directive 2003/87/EC
[kt CO2eq] (3)
Ratio in %
(Verified emissions/inventory emissions) (3)
Comment (2)
Greenhouse gas emissions (total emissions without LULUCF for GHG inventory and without emissions from 1A3a Civil aviation, total emissions from installations under Article 3h of Directive 2003/87/EC)
CO2 emissions (total CO2 emissions without LULUCF for GHG inventory and without emissions from 1A3a Civil aviation, total emissions from installations under Article 3h of Directive 2003/87/EC)
Category (1)
CO2 emissions
Greenhouse gas inventory emissions
[kt] (3)
Verified emissions under Directive 2003/87/EC
[kt] (3)
Ratio in %
(Verified emissions/inventory emissions) (3)
Comment (2)
1.A
Fuel combustion activities, total
1.A
Fuel combustion activities, stationary combustion
1.A.1
Energy industries
1.A.1.a
Public electricity and heat production
1.A.1.b
Petroleum refining
1.A.1.c
Manufacture of solid fuels and other energy industries
Iron and steel (for GHG inventory combined CRF categories 1.A.2.a+ 2.C.1 + 1.A.1.c and other relevant CRF categories that include emissions from iron and steel (e.g. 1A1a, 1B1) (4))
1.A.2.
Manufacturing industries and construction
1.A.2.a
ron and steel
1.A.2.b
Non-ferrous metals
1.A.2.c
Chemicals
1.A.2.d
Pulp, paper and print
1.A.2.e
Food processing, beverages and tobacco
1.A.2.f
Non-metallic minerals
1.A.2.g
Other
1.A.3.
Transport
1.A.3.e
Other transportation (pipeline transport)
1.A.4
Other sectors
1.A.4.a
Commercial/Institutional
1.A.4.c
Agriculture/Forestry/Fisheries
1.B
Fugitive emissions from Fuels
1.C
CO2 Transport and storage
1.C.1
Transport of CO2
1.C.2
Injection and storage
1.C.3
Other
2.A
Mineral products
2.A.1
Cement production
2.A.2
Lime production
2.A.3
Glass production
2.A.4
Other process uses of carbonates
2.B
Chemical industry
2.B.1
Ammonia production
2.B.3
Adipic acid production (CO2)
2.B.4
Caprolactam, glyoxal and glyoxylic acid production
2.B.5
Carbide production
2.B.6
Titanium dioxide production
2.B.7
Soda ash production
2.B.8
Petrochemical and carbon black production
2.C
Metal production
2.C.1
Iron and steel production
2.C.2
Ferroalloys production
2.C.3
Aluminium production
2.C.4
Magnesium production
2.C.5
Lead production
2.C.6
Zinc production
2.C.7
Other metal production
Category (1)
N2O emissions
Greenhouse gas inventory emissions
[kt CO2eq] (3)
Verified emissions under Directive 2003/87/EC
[kt CO2eq] (3)
Ratio in %
(Verified emissions/inventory emissions) (3)
Comment (2)
2.B.2
Nitric acid production
2.B.3
Adipic acid production
2.B.4
Caprolactam, glyoxal and glyoxylic acid production
Category (1)
PFC emissions
Greenhouse gas inventory emissions
[kt CO2eq] (3)
Verified emissions under Directive 2003/87/EC
[kt CO2eq] (3)
Ratio in %
(Verified emissions/inventory emissions) (3)
Comment (2)
2.C.3
Aluminium production
(1) The allocation of verified emissions to disaggregated inventory categories at four digit level must be reported where such allocation of verified emissions is possible and emissions occur. The following notation keys should be used:
NO= not occurring
IE= included elsewhere
C= confidential
negligible= small amount of verified emissions may occur in respective CRF category, but amount is 5 % of the category
(2) The column comment should be used to give a brief summary of the checks performed and if a Member State wants to provide additional explanations with regard to the allocation reported.
(3) Data to be reported up to one decimal point for kt and % values
(4) To be filled on the basis of combined CRF categories pertaining to ‘Iron and Steel’, to be determined individually by each Member State; the stated formula is for illustration purposes only
Notation: x = reporting year
ANNEX VI
Format for reporting information on consistency with energy data pursuant to Article 12
FUEL TYPES
Apparent consumption reported in GHG inventory
Apparent consumption using data reported pursuant to Regulation (EC) No 1099/2008
Absolute difference (1)
Relative difference (2)
Explanations for differences
(TJ) (3)
(TJ) (3)
(TJ) (3)
% (3)
Liquid fossil
Primary fuels
Crude oil
Orimulsion
Natural gas liquids
Secondary fuels
Gasoline
Jet kerosene
Other kerosene
Shale oil
Gas/diesel oil
Residual fuel oil
Liquefied petroleum gases (LPG)
Ethane
Naptha
Bitumen
Lubricants
Petroleum coke
Refinery feedstocks
Other oil
Other liquid fossil
Liquid fossil totals
Solid fossil
Primary fuels
Anthracite
Coking coal
Other bituminous coal
Sub-bituminous coal
Lignite
Oil shale and tar sand
Secondary fuels
BKB and patent fuel
Coke oven/gas coke
Coal tar
Other solid fossil
Solid fossil totals
Gaseous fossil
Natural gas (dry)
Other gaseous fossil
Gaseous fossil totals
Waste (non-biomass fraction)
Other fossil fuels
Peat
Total
(1) Apparent consumption reported in GHG inventory minus apparent consumption using data reported pursuant to Regulation (EC) No 1099/2008
(2) Absolute difference divided by apparent consumption reported in GHG inventory
(3) Data to be reported up to one decimal point for kt and % values
ANNEX VII
Format for reporting information on uncertainty pursuant to Article 14
A
B
C
D
E
F
G
H
I
J
K
L
M
IPCC category
Gas
Base year emissions or removals
Year x emissions or removals
Activity data uncertainty
Emission factor/estimation parameter uncertainty
Combined uncertainty
Contribution to Variance by Category in Year x
Type A sensitivity
Type B sensitivity
Uncertainty in trend in national emissions introduced by emission factor/estimation parameter uncertainty
Uncertainty in trend in national emissions introduced by activity data uncertainty
Uncertainty introduced into the trend in total national emissions
Input data
Input data
Input data
Note A
Input data
Note A
Note B
I * F
Note C
J * E *
Note D
K2 + L2
Gg CO2 equivalent
Gg CO2 equivalent
%
%
%
%
%
%
%
%
E.g., 1.A.1. Energy industries fuel 1
CO2
E.g., 1.A.1. Energy industries fuel 2
CO2
Etc…
…
Total
Percentage uncertainty in total inventory:
Trend uncertainty:
Source: 2006 IPCC guidelines, Volume 1, Table 3.2 Approach 1 uncertainty calculation
ANNEX VIII
Format for reporting information on major changes to methodological descriptions pursuant to Article 16
GREENHOUSE GAS SOURCE AND SINK CATEGORIES
DESCRIPTION OF METHODS
RECALCULATIONS
REFERENCE
Please tick where the latest NIR includes major changes in methodological descriptions compared to the NIR of the previous year
Please tick where this is also reflected in recalculations compared to the previous years' CRF
If ticked please provide a reference to the relevant section or pages in the NIR and if applicable some more detailed information such as the sub-category or gas concerned for which the description was changed.
Total (Net Emissions)
1.
Energy
A.
Fuel Combustion (sectoral pproach)
1.
Energy industries
2.
Manufacturing industries and construction
3.
Transport
4.
Other sectors
5.
Other
B.
Fugitive emissions from fuels
1.
Solid fuels
2.
Oil and natural gas and other emissions from energy production
C.
CO2 transport and storage
2.
Industrial processes and product use
A.
Mineral industry
B.
Chemical industry
C.
Metal industry
D.
Non-energy products from fuels and solvent use
E.
Electronics industry
F.
Product uses as substitutes for ODS
G.
Other product manufacture and use
H.
Other
3.
Agriculture
A.
Enteric fermentation
B.
Manure management
C.
Rice cultivation
D.
Agricultural soils
E.
Prescribed burning of savannahs
F.
Field burning of agricultural residues
G.
Liming
H.
Urea application
I.
Other carbon containing fertilisers
J.
Other
4.
Land use, land-use change and forestry
A.
Forest land
B.
Cropland
C.
Grassland
D.
Wetlands
E.
Settlements
F.
Other land
G.
Harvested wood products
H.
Other
5.
Waste
A.
Solid waste disposal
B.
Biological treatment of solid waste
C.
Incineration and open burning of waste
D.
Wastewater treatment and discharge
E.
Other
6.
Other (as specified in Summary 1.A)
KP LULUCF
Article 3.3 activities
Afforestation/reforestation
Deforestation
Article 3.4.activities
Forest management
Cropland management (if elected)
Grazing land management (if elected)
Revegetation (if elected)
Wetland drainage and rewetting (if elected)
NIR Chapter
DESCRIPTION
REFERENCE
Please tick where the latest NIR includes major changes in descriptions compared to the previous year NIR
If ticked please provide some more detailed information for example reference to pages in the NIR
Chapter 1.2 Description of national inventory arrangements
ANNEX IX
Procedures and time scales for the compilation of the Union greenhouse gas inventory and inventory report
Element
Who
When
What
1.
Submission of annual inventories (complete CRF and elements of the national inventory report) by Member States
Member States
Annually by 15 January
Elements listed in Article 7(1) of Regulation (EC) No 525/2013/EU and Article 3 of this Regulation
2.
‘Initial checks’ of Member State submissions
Commission (incl. DG ESTAT (Eurostat), DG JRC), assisted by European Environment Agency (EEA)
For the Member State submission from 15 January at the latest until 28 February
Initial checks and consistency checks (by EEA). Comparison of energy data provided by Member States in the CRF with Eurostat energy data (sectoral and reference approach) by Eurostat and EEA. Check of Member States' agriculture and land use, land- use change and forestry (LULUCF) inventories by JRC (in consultation with Member States). The findings of the initial checks will be documented.
3.
Compilation of draft Union inventory and inventory report (elements of the Union inventory report)
Commission (incl. Eurostat, JRC), assisted by EEA
Until 28 February
Draft Union inventory and inventory report (compilation of Member State information), based on Member State inventories and additional information where needed (as submitted on 15 January).
4.
Circulation of ‘initial check’ findings including notification of potential gap-filling
Commission assisted by EEA
28 February
Circulation of ‘initial check’ findings including notification of potential gap-filling and making available the findings
5.
Circulation of draft Union inventory and inventory report
Commission assisted by EEA
28 February
Circulation of the draft Union inventory on 28 February to Member States. Member States check data.
6.
Submission of updated or additional inventory data and complete national inventory reports by Member States
Member States
By 15 March
Updated or additional inventory data submitted by Member States (to remove inconsistencies or to fill gaps) and complete national inventory reports.
7.
Member State commenting on the draft Union inventory
Member States
By 15 March
If necessary, provide corrected data and comments to the draft Union inventory
8.
Member State responses to the ‘initial checks’
Member States
By 15 March
Member States respond to ‘initial checks’ if applicable.
9.
Circulation of follow-up initial check findings
Commission assisted by EEA
31 March
Circulation of follow-up initial check findings and making available the findings
10.
Estimates for data missing from a national inventory
Commission assisted by EEA
31 March
The Commission prepares estimates for missing data by 31 March of the reporting year and communicates these to the Member States.
12.
Comments from Member States regarding the Commission estimates for missing data
Member States
7 April
Member States provide comments on the Commission estimates for missing data, for consideration by the Commission.
13.
Member States responses to follow-up ‘initial checks’
Member States
7 April
Member States provide responses to follow up of ‘initial checks’.
13bis.
Member States submissions to the UNFCCC
Member States
15 April
Submissions to the UNFCCC (with a copy to EEA)
14.
Final annual Union inventory (incl. Union inventory report)
Commission assisted by EEA
15 April
Submission to UNFCCC of the final annual Union inventory.
15.
Any resubmissions by Member States
Member States
By 8 May
Member States provide to the Commission the resubmissions which they submit to the UNFCCC secretariat. The Member States must clearly specify which parts have been revised in order to facilitate the use for the Union resubmission. Resubmissions should be avoided to the extent possible.
As the Union resubmission also has to comply with the time-limits specified in the guidelines under Article 8 of the Kyoto Protocol, the Member States have to send their resubmission, if any, to the Commission earlier than the period foreseen in the guidelines under Article 8 of the Kyoto Protocol, provided that the resubmission corrects data or information that is used for the compilation of the Union inventory.
16.
Union inventory resubmission in response to Member States' resubmissions
Commission assisted by EEA
27 May
If necessary, resubmission to UNFCCC of the final annual Union inventory.
17.
Submission of any other resubmission after the initial check phase
Member States
When additional resubmissions occur
Member States provide to the Commission any other resubmission (CRF or national inventory report) which they provide to the UNFCCC secretariat after the initial check phase.
ANNEX X
Format for reporting greenhouse gas emissions covered by Decision 406/2009/EC
A
X-2
B
Greenhouse gas emissions
kt CO2eq
C
Total greenhouse gas emissions without LULUCF (1)
D
Total verified emissions from stationary installations under Directive 2003/87/EC (2)
E
CO2 emissions from 1.A.3.A civil aviation
F
Total ESD emissions (= C-D-E)
(1) Total greenhouse gas emissions for the geographical scope of the Union and consistent with total greenhouse gas emissions without LULUCF as reported in CRF summary table 2 for the same year.
(2) In accordance with the scope defined in Article 3h of Directive 2003/87/EC of activities listed in Annex I to that Directive other than aviation activities.
Notation: x = reporting year
ANNEX XI
Reporting information on policies and measures pursuant to Article 22
Table 1: Sectors and gases for reporting on policies and measures and groups of measures, and type of policy instrument
PAM number
Name of policy or measure
Sector(s) affected (1)
GHG(s) affected (2)
Objective (3)
Quantified objective (4)
Short description (5)
Type of policy instrument (6)
Union policy which resulted in the implementation of the PAM
Status of implementation (9)
Implementation period
Projections scenario in which the PAM is included
Entities responsible for j implementing the policy (10)
Indicators used to monitor and evaluate progress over time
Reference to assessments and underpinning technical reports
General comments
Union policy (7)
Other (8)
Start
Finish
Type
name
Description
Values (11)
[Year]
[Year]
[Year]
[Year]
Notes: Abbreviations: GHG = greenhouse gas; LULUCF = land use, land-use change and forestry.
Table 2: Available results of ex-ante and ex-post assessments of the effects of individual or groups of policies and measures on mitigation of climate change (12)
Policy or measure or groups of policies and measures
Policy impacting EU ETS or ESD emissions (both can be selected)
Ex-ante assessment
Ex-post assessment
GHG emissions reductions in t (kt CO2-equivalent per year)
GHG emissions reductions in t+5 (kt CO2-equivalent per year)
GHG emissions reductions in t+10 (kt CO2-equivalent per year)
GHG emissions reductions in t+15 (kt CO2-equivalent per year)
Year for which reduction applies
Average emission reduction (kt CO2-equivalent per year)
Explanation of the basis for the mitigation estimates
Factors affected by PAM
Documentation/Source of estimation if available (provide a weblink of the report where the figure is referenced from)
EU ETS
ESD
LULUCF
Total
EU ETS
ESD
Total
EU ETS
ESD
Total
EU ETS
ESD
Total
EU ETS
ESD
Table 3: Available projected and realised costs and benefits of individual or groups of policies and measures on mitigation of climate change
Policy or measure or groups of policies and measures
Projected costs and benefits
Realised costs and benefits
Costs in EUR per tonne CO2eq reduced/sequestered
Absolute costs per year in EUR (specify year cost has been calculated for)
Description of cost estimates (Basis for cost estimate, what type of costs are included in the estimate, methodology)
Price year
Year for which calculated
Documentation/Source of cost estimation
Costs in EUR per tonne CO2eq reduced/sequestered
Price year
Year for which calculated
Description of cost estimates (Basis for cost estimate, what type of costs are included)
Documentation/Source of cost estimation
Note: Member States are to include all the policies and measures or their groups where such assessment is available.
A benefit must be indicated in the template as a negative cost.
If available, costs and benefits for the same PAM or group of PAMs should be entered in two separate rows, with the net-cost in a separate third row for the PAM or group of PAMs. If the costs reported is net-costs covering both positive costs and benefits (= negative costs) this should be indicated.
Questionnaire: Information on the extent to which the Member State's action constitutes a significant element of the efforts undertaken at national level as well as the extent to which the projected use of joint implementation, of the clean development mechanism and of international emissions trading is supplemental to domestic action
Questionnaire on the use of the Kyoto Protocol mechanisms in meeting the 2013-2020 targets
1.
Does your Member State intend to use joint implementation (JI), the clean development mechanism (CDM) and international emissions trading (IET) under the Kyoto Protocol (the Kyoto mechanisms) to meet its quantified limitation or reduction commitment pursuant to the Kyoto Protocol? If so, what progress has been made with the implementing provisions (operational programmes, institutional decisions) and any related domestic legislation?
2.
What quantitative contributions to the fulfilment of the quantified emission limitation or reduction commitment pursuant to Article X of Decision Y (Ratification decision) and the Kyoto Protocol does your Member State expect from the Kyoto mechanisms during the second quantified emission limitation and reduction commitment period, from 2013 to 2020? (Please use the table)
3.
Specify the budget in euro for the total use of the Kyoto mechanisms and, where possible, per mechanism and initiative, programme or fund, including the time over which the budget will be spent.
4.
With which countries has your Member State closed bilateral or multilateral agreements, or agreed memorandums of understanding or contracts for the implementation of project based activities?
5.
For each planned, ongoing and completed clean development mechanism and joint implementation project activity in which your Member State participates, provide the following information:
(a)
Project title and category (JI/CDM)
(b)
Host country
(c)
Financing: give a brief description of any financial involvement of the government and the private sector, using categories such as ‘private’, ‘public’, ‘public-private partnership’.
(d)
Project type: use a short description, for example:
Energy and power: Fuel-switching, renewable energy generation, improving energy efficiency, reduction of fugitive emissions from fuels, other (please specify)
Industrial processes: Material substitution, process or equipment change, waste treatment, recovery or recycling, other (please specify)
Land use, land-use change and forestry: Afforestation, reforestation, forest management, cropland management, grazing land management, revegetation
Transport: Fuel-switching, improving fuel efficiency, other (please specify)
Agriculture: Manure management, other (please specify)
Waste: Solid-waste management, landfill methane recovery, waste-water management, other (please specify)
Other: Please provide a short description of the other project type
(e)
Status: use the following categories:
—
Proposed,
—
approved (approval of governments involved and feasibility studies completed),
—
under construction (start-up or construction phase),
—
in operation,
—
completed,
—
suspended.
(f)
Lifetime: provide the following information:
—
date of official approval (e.g. of the Executive Board for clean development mechanism projects, of the host country for joint implementation projects),
—
date of project initiation (operation starts),
—
expected date of project termination (lifetime),
—
crediting period (for what years will ERUs or CERs be generated),
—
date(s) of issue of emission reduction units (ERUs) (by host country) or certified emission reductions (CERs) (by CDM executive board).
(g)
First or second track approval procedure (For joint implementation projects only).
(h)
Projected total and annual emissions reductions that accrue until the end of the second commitment period.
(i)
Amount of ERUs or CERS generated by the project that will be acquired by the Member State.
(j)
Credits accrued until the end of reporting year: provide information on the number of credits (total and annual) obtained from joint implementation projects, clean development projects and credits resulting from land use, land use change and forestry activities.
Type of unit
Total quantity projected to be used in second Commitment period
Average annual projected quantity
Quantity used (Units acquired and retired)
x-1
Assigned amount units (AAUs)
Certified emission reductions(CERs)
Emission reduction units (ERUs)
Long-term certified emission reductions (lCERs)
Temporary certified emission reductions (tCERs)
Removal units (RMU)
Note: X is the reporting year.
(1) Member States must select from the following sectors: energy supply (comprising extraction, transmission, distribution and storage of fuels as well as energy and electricity production), energy consumption (comprising consumption of fuels and electricity by end users such as households, services, industry and agriculture), transport, industrial processes (comprising industrial activities that chemically or physically transform materials leading to greenhouse gas emissions, use of greenhouse gases in products and non-energy uses of fossil fuel carbon), agriculture, forestry/LULUCF, waste management/waste, cross-cutting, other sectors.
(2) Member States must select from the following GHGs (more than one GHG can be selected): carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulphur hexafluoride (SF6), nitrogen trifluoride (NF3).
(3) Member States must select from the following objectives (more than one objective can be selected, additional objectives could be added and specified under ‘other’):
For energy supply — increase in renewable energy; switch to less carbon-intensive fuels; enhanced non-renewable low carbon generation (nuclear); reduction of losses; efficiency improvement in the energy and transformation sector; carbon capture and storage; control of fugitive emissions from energy production; other energy supply.
For energy consumption — efficiency improvements of buildings; efficiency improvement of appliances; efficiency improvement in services/tertiary sector, efficiency improvement in industrial end-use sectors, demand management/reduction; other energy consumption.
For transport — efficiency improvements of vehicles; modal shift to public transport or non-motorized transport; low carbon fuels/electric cars; demand management/reduction; improved behaviour; improved transport infrastructure; other transport.
For industrial processes — installation of abatement technologies; reduction of emissions of fluorinated gases; replacement of fluorinated gases by other substances; improved control of fugitive emissions from industrial processes; other industrial processes.
For waste management/waste– demand management/reduction; enhanced recycling; enhanced CH4 collection and use; improved treatment technologies; improved landfill management; waste incineration with energy use; improved wastewater management systems; reduced landfilling; other waste.
For agriculture — reduction of fertilizer/manure use on cropland; other activities improving cropland management, improved livestock management, improved animal waste management systems; activities improving grazing land or grassland management, improved management of organic soils,; other agriculture.
For forestry/LULUCF — afforestation and reforestation; conservation of carbon in existing forests, enhancing production in existing forests, increasing the harvested wood products pool, enhanced forest management, prevention of deforestation, strengthening protection against natural disturbances, substitution of GHG intensive feedstocks and materials with harvested wood products; prevention of drainage or rewetting of wetlands, restoration of degraded lands, other LULUCF.
For cross-cutting –framework policy, multi-sectoral policy, other cross-cutting.
For Other Member States must provide a brief description of the objective.
(4) Member States must include the figure(s) if the objective(s) is(are) quantified.
(5) Member States must indicate in the description if a policy or measure is envisaged with a view to limiting GHG emissions beyond Member State commitments under Decision No 4 06/2009/EC in accordance with Article 6(1)(d) of Decision No 406/2009/EC.
(6) Member States must select from the following policy types: economic; fiscal; voluntary/negotiated agreements; regulatory; information; education; research; planning; other.
(7) Union policy implemented through the national policy or where national policies are aimed directly at meeting objectives of Union policies. Member State should select a policy from a list provided in the electronic version of the tabular format
(8) Secondary Union policy: Member State must indicate any Union policy not listed in the previous column or an additional Union policy if the national policy or measure relates to several Union policies.
(9) Member States must select from the following categories: planned; adopted; implemented; expired.
Expired policies and measures must be reported in the template only if they have an effect, or they are expected to continue to have an effect,on greenhouse gas emissions
(10) Member States must enter the name/s of entities responsible for implementing the policy or measure under the relevant headings of: National government; Regional entities; Local government; Companies/businesses/industrial associations; Research institutions; Others not listed (more than one entity can be selected)..
(11) Member States must provide any indicator used and values for such indicators that they use to monitor and evaluate progress of policies and measures. Those values can be either ex-post or ex-ante values and Member States must specify the year for which the value applies.
(12) — Member States are to include all the policies and measures or their groups of policies and measures for which such assessment is available.
Notation: t signifies the first future year ending with 0 or 5 immediately following the reporting year
ANNEX XII
Reporting on projections pursuant Article 23
Table 1: Greenhouse gas projections by gases and categories
Category (1) (3)
For each Greenhouse gas (group of gases) pursuant to Annex I to Regulation (EC) No 525/2013/EU (kt)
Total GHG emissions (kt CO2 -eq)
ETS emissions (kt CO2-eq)
ESD emissions (kt CO2-eq)
projection base year
t-5
t
t+5
t+10
t+15
projection base year
t-5
t
t+5
t+10
t+15
projection base year
t-5
t
t+5
t+10
t+15
projection base year
t-5
t
t+5
t+10
t+15
Total excluding LULUCF
Total including LULUCF
1.
Energy
A.
Fuel combustion
1.
Energy industries
a.
Public electricity and heat production
b.
Petroleum refining
c.
Manufacture of solid fuels and other energy industries
2.
Manufacturing industries and construction
3.
Transport
a.
Domestic aviation
b.
Road transportation
c.
Railways
d.
Domestic navigation
e.
Other transportation
4.
Other sectors
a.
Commercial/Institutional
b.
Residential
c.
Agriculture/Forestry/Fishing
5.
Other
B.
Fugitive emissions from fuels
1.
Solid fuels
2.
Oil and natural gas and other emissions from energy production
C.
CO2 transport and storage
2.
Industrial processes
A.
Mineral Industry
of which cement production
B.
Chemical industry
C.
Metal industry
of which Iron and steel production
D.
Non-energy products from fuels and solvent use
E.
Electronics industry
F.
Product uses as substitutes for ODS (2)
G.
Other product manufacture and use
H.
Other
3.
Agriculture
A.
Enteric fermentation
B.
Manure management
C.
Rice cultivation
D.
Agricultural soils
E.
Prescribed burning of savannahs
F.
Field burning of agricultural residues
G.
Liming
H.
Urea application
I.
Other carbon-containing fertilizers
J.
Other (please specify)
4.
Land Use, Land-Use Change and Forestry
A.
Forest land
B.
Cropland
C.
Grassland
D.
Wetlands
E.
Settlements
F.
Other Land
G.
Harvested wood products
H.
Other
5.
Waste
A.
Solid Waste Disposal
B.
Biological treatment of solid waste
C.
Incineration and open burning of waste
D.
Wastewater treatment and discharge
E.
Other (please specify)
Memo items
International bunkers
Aviation
Navigation
CO2 emissions from biomass
CO2 captured
Long-term storage of C in waste disposal sites
Indirect N2O
International aviation in the EU ETS
Notation: t signifies the first future year ending with 0 or 5 immediately following the reporting year
Table 2: Indicators to monitor and evaluate projected progress of policies and measures
Indicator (4)/numerator/denominator
Unit
Guidance/definition (4)
Guidance/source
With existing measures
With additional measures
Base year
t
t+5
t+10
t+15
Base year
t
t+5
t+10
t+15
Notation: t signifies the first future year ending with 0 or 5 immediately following the reporting year
Table 3: Reporting on parameters for projections used
Parameter used (8) (‘with existing measures’ scenario)
Year
Values
Default unit
Additional unit information (7)
Data source
Year of publication of data source
Sectoral projections for which the parameter is used (6)
Comment (for guidance)
Base/Reference year
Base/Reference year
t-5
t
t+5
t+10
t+15
1 A.1
Energy industries
1.A.2
Manufacturing industries and construction
1.A.3
Transport (excl 1.A.3.a domestic aviation)
1.A.4.a
Commercial/institutional
1.A.4.b
Residential
1B
Fugitive emissions from fuels
Industrial Processes and product use
Agriculture
LULUCF
Waste
International Aviation in the EU ETS + 1.A.3.a Domestic aviation
General parameters
Population
Count
Gross domestic product (GDP)
Real growth rate
%
EUR t-10
Constant prices
EUR million
EUR t-10
Gross value added (GVA) total industry
EUR million
EUR t-10
Exchange rates EURO (for non-EURO countries), if applicable
EUR/currency
EUR t-10
Exchange rates US DOLLAR, if applicable
USD/currency
USD t-10
EU ETS carbon price
EUR/EUA
EUR t-10
International (wholesale) fuel import prices
Electricity Coal
EUR/GJ
Yes
EUR t-10
Crude Oil
EUR/GJ
EUR t-10
Natural gas
EUR/GJ
EUR t-10
Energy parameters
National retail fuel prices (with taxes included)
Coal, industry
EUR/GJ
EUR t-10
Coal, households
EUR/GJ
EUR t-10
Heating oil, industry
EUR/GJ
EUR t-10
Heating oil, households
EUR/GJ
EUR t-10
Transport, gasoline
EUR/GJ
Yes
EUR t-10
Transport, diesel
EUR/GJ
Yes
EUR t-10
Natural gas, industry
EUR/GJ
EURt-10
Natural gas, households
EUR/GJ
EUR t-10
National retail electricity prices (with taxes included)
Industry
EUR/kWh
EUR t-10
Households
EUR/kWh
EUR t-10
Gross inland (primary energy) consumption
Coal
GJ
Oil
GJ
Natural gas
GJ
Renewables
GJ
Nuclear
GJ
Other
GJ
Total
GJ
Gross electricity production
Coal
TWh
Oil
TWh
Natural gas
TWh
Renewables
TWh
Nuclear
TWh
Other
TWh
Total
TWh
Total net electricity imports
TWh
Gross final energy consumption
TWh
Final energy consumption
Industry
GJ
Transport
GJ
Residential
GJ
Agriculture/Forestry
GJ
Services
GJ
Other
GJ
Total
GJ
Number of heating degree days (HDD)
Count
Number of cooling degree days (CDD)
Count
Transport parameters
Number of passenger-kilometres (all modes)
million pkm
Freight transport tonnes-kilometres (all modes)
million tkm
Final energy demand for road transport
GJ
Buildings parameters
Number of households
Count
Household size
inhabitants/Household
Agriculture parameters
Livestock
Dairy cattle
1000 heads
Non-dairy cattle
1000 heads
Sheep
1000 heads
Pig
1000 heads
Poultry
1000 heads
Nitrogen input from application of synthetic fertilizers
kt nitrogen
Nitrogen input from application of manure
kt nitrogen
Nitrogen fixed by N-fixing crops
kt nitrogen
Nitrogen in crop residues returned to soils
kt nitrogen
Area of cultivated organic soils
Ha (hectares)
Waste parameters
Municipal solid waste (MSW) generation
tonne MSW
Municipal solid waste (MSW) going to landfills
tonne MSW
Share of CH4 recovery in total CH4 generation from landfills
%
Other parameters
Add rows for other relevant parameters (5)
Table 4: Model Factsheet
Model name
Full model name
Model version and status
Latest date of revision
URL to model description
Model type
Model description
Summary
Intended field of application
Description of main input data categories and data sources
Validation and evaluation
Output quantities
GHG covered
Sectoral coverage
Geographical coverage
Temporal coverage,(e.g. time steps, time span)
Interface with other models
Input from other models
Model structure(if diagram please add to the template)
Member States may reproduce this table to allow them to report details of individual sub-models which have been used to create GHG projections
(1) IPCC categories pursuant to 2006 IPCC Guidelines for National Greenhouse Gas inventories and revised UNFCCC CRF tables for inventory reporting
(2) ODS — ozone-depleting substances.
(3) Use of notation keys: as regards the terms of use defined in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories (chapter 8: reporting guidance and tables), the notation keys of IE (included elsewhere), NO (not occurring), C (confidential) and NA (not applicable) may be used, as appropriate when projections do not yield data on a specific reporting level (see 2006 IPCC Guidelines).
The use of the notation key NE (Not Estimated) is restricted to the situation where a disproportionate amount of effort would be required to collect data for a category or a gas from a specific category that would be insignificant in terms of the overall level and trend in national emissions. In these circumstances a Member State should list all categories and gases from categories excluded on these grounds, together with a justification for exclusion in terms of the likely level of emissions or removals and identify the category as ‘not estimated’ using the notation key ‘NE’ in the reporting tables.
(4) Please add a row per indicator used in the projections
(5) Please add a row per parameter used in the projections. Note that this includes the term ‘variables’ because some of the parameters listed can be variables for certain projection tools used, depending on the models used.
(6) To be filled with Yes/No
(7) Please specify additional different values for parameters used in different sector models
(8) Use of notation keys: the notation keys of IE (included elsewhere), NO (not occurring), C (confidential), NA (not applicable), and NE (Not estimated/Not used) may be used, as appropriate. The use of the notation key NE (Not estimated) is for cases where the suggested parameter is neither used as a driver nor reported along with the Member States Projections.
Notation: t signifies the first future year ending with 0 or 5 immediately following the reporting year.
ANNEX XIII
Reporting on the use of auctioning revenues pursuant to Article 24
Table 1 Revenues generated from auctioning of allowances in year X-1
Amount for the year X-1
1 000 Euros
1 000 in domestic currency, if applicable (1)
A
B
C
Total amount of revenues generated from auctioning of allowances
Sum of B5+B6
Sum of C5+C6
Of which amount of revenues generated from auctioning of allowances pursuant to Article 10 of Directive 2003/87/EC
Of which amount of revenues generated from auctioning of allowances pursuant to Article 3d(1) or (2) of Directive 2003/87/EC
Total amount of revenues from auctioning of allowances or equivalent financial value used for the purposes specified in paragraph 3 of Article 10, and Article 3d(4) of Directive 2003/87/EC
Of which amount of revenues from auctioning of allowances used for the purposes specified in Article 10(3) of Directive 2003/87/EC (if data are available for separate reporting)
Of which amount of revenues from auctioning of allowances used for the purposes specified in Article 3d(4) of Directive 2003/87/EC (if data are available for separate reporting)
Total amount of auctioning revenues generated or the equivalent in financial value committed in years before X-1 generated and not disbursed in the years before the year X-1 and carried-over for disbursement in the year X-1
Notes:
Table 2 Use of revenues from auctioning of allowances for domestic and Union purposes pursuant to Article 3d and 10 of Directive 2003/87/EC
Purpose for which revenues were used
Short description
Amount for the year X-1
Status (3)
Revenues pursuant to
[tick relevant column] (6)
Type of use (4)
Financial instrument (5)
Implementing Agency
(e.g. programme, act, action or project title)
(including reference to online source of more detailed description, if available)
1 000 Euros
1 000 Domestic Currency (2)
Committed/disbursed
Article 3d of Directive 2003/87/EC
Article 10 of Directive 2003/87/EC
the categories of uses outlined in Directive 2003/87/EC
To be selected: fiscal, financial support policy, domestic regulatory policy that leverage financial support, other
(e.g. responsible ministry)
A
B
C
D
E
F
G
H
I
J
☐
☐
☐
☐
Total amount of revenues or equivalent financial value used
Sum of column C
Sum of column D
Notation: x = reporting year
Notes:
Table 3: Use of revenues from auctioning of allowances for international purposes
Amount committed in the year X-1 (8)
Amount disbursed in the year X-1 (8)
USE OF REVENUES FROM AUCTIONING OF ALLOWANCES OR THE EQUIVALENT IN FINANCIAL VALUE FOR INTERNATIONAL PURPOSES (9)
1 000 Euros
1 000 Domestic currency, if applicable (7)
1 000 Euros
1 000 Domestic currency, if applicable (7)
A
B
C
D
E
Total amount used as specified under Articles 10(3) and Article 3d(4) of Directive 2003/87/EC for supporting third countries other than developing countries
Total amount used as specified under Articles 10(3) and Article 3d(4) of Directive 2003/87/EC for supporting developing countries
Notation: x = reporting year
Notes:
Table 4: Use of revenues from auctioning of allowances to support developing countries through multilateral channels pursuant to Article 3d and 10 of Directive 2003/87/EC (14) (17)
Amount for the year X-1
Status (10)
Type of support (16)
Financial instrument (15)
Sector (11)
1 000 Euros
1 000 Domestic Currency (13)
to be selected: committed/disbursed
to be selected: mitigation, adaptation, cross-cutting, other, information not available
to be selected: grant, concessional loan, non-concessional loan, equity, other, information not available
to be selected: energy, transport, industry, agriculture forestry, water and sanitation, cross-cutting, other, information not available
Total amount for supporting developing countries through multilateral channels
of which used, if applicable, via multilateral funds
Global Energy Efficiency and Renewable Energy Fund (GEEREF) (Article 10(3)(a) of Directive 2003/87/EC)
Adaptation Fund under the UNFCCC (Article 10, paragraph 3(a) of Directive 2003/87/EC)
Special Climate Change FUND (SCCF) under the UNFCCC
Green Climate Fund under the UNFCCC
Least Developed Countries Fund
UNFCCC Trust Fund for Supplementary Activities
For multilateral support to REDD+ activities
Other multilateral climate-related funds (please specify)
of which used, if applicable, via multilateral financial institutions
Global Environmental Facility
World Bank (12)
International Finance Corporation (12)
African Development Bank (12)
European Bank for Reconstruction and Development (12)
Inter-American Development Bank (12)
Other multilateral financial institutions or support programmes, please specify (12)
Notation: x = reporting year
Notes:
Table 5: Use of revenues from auctioning of allowances pursuant to Article 3d and 10 of Directive 2003/87/EC for bilateral or regional support to developing countries (22) (24)
Programme/project title
Recipient country/region
Amount for the year X-1
Status (18)
Type of support (20)
Sector (19)
Financial instrument (23)
Implementing Agency
1 000 Euros
1 000 Domestic currency (21)
to be selected: Committed/disbursed
to be selected: Mitigation, Adaptation, REDD+, Cross-cutting, Other
to be selected: energy, transport. industry, agriculture, forestry, water and sanitation, cross-cutting, other, information not available
to be selected: grant, concessional loan, non-concessional loan, equity, direct project investments, investment funds, fiscal support policies, financial support policies, other, information not available
Notation: x = reporting year
Notes:
(1) An average annual exchange rate for the year X-1 or the real exchange rate applied to the amount disbursed is to be used for the currency conversion.
x: reporting year
(2) An average annual exchange rate for the year X-1 or the real exchange rate applied to the amount disbursed is to be used for the currency conversion.
(3) Member States are to provide the definitions used for ‘commitment’ and ‘disbursement’ as part of their report. If part of the reported amount is committed and another part disbursed related to a specific programme/project, two separate rows should be used. If Member States are not able to distinguish between committed and disbursed amounts, the appropriate category should be selected for the reported amounts. Consistent definitions should be used across the tables.
(4) Categories mentioned in Article 3d(4) and Article 10(3) of Directive 2003/87/EC as follows:
—
funding of research and development and demonstration projects for reducing emissions and for adaptation;
—
funding of initiatives within the framework of the European Strategic Energy Technology Plan and the European Technology Platforms;
—
development of renewable energies to meet the commitment of the Union to using 20 % renewable energies by 2020;
—
development of other technologies contributing to the transition to a safe and sustainable low-carbon economy;
—
development of technologies that help meet the commitment of the Union to increase energy efficiency by 20 % by 2020;
—
forestry sequestration in the Union;
—
environmentally safe capture and geological storage of CO2;
—
encouragement of a shift to low-emission and public forms of transport;
—
finance research and development in energy efficiency and clean technologies;
—
measures intended to increase energy efficiency and insulation or to provide financial support in order to address social aspects in lower and middle income house-holds;
—
Coverage of administrative expenses of the management of the ETS scheme;
—
other reduction of greenhouse gas emissions;
—
adaptation to the impacts of climate change,
—
other domestic uses.
Member States are to avoid double counting of amounts in this table. If a specific use fits to several types of uses several types can be selected however the amount indicated is not to be multiplied but additional rows for types of uses are to be linked with one entry field for that amount.
(5) Several categories can be selected if several financial instruments are relevant for the reported programme or project.
(6) information in this column is to be provided unless reporting is based on the equivalent in financial value of those revenues
(7) An average annual exchange rate for the year X-1 or the real exchange rate applied to the amount disbursed is to be used for the currency conversion.
(8) Member States are to provide the definitions used for ‘commitment’ and ‘disbursement’ as part of their report. If part of the reported amount is committed and another part disbursed related to a specific programme/project, two separate rows should be used. If Member States are not able to distinguish between committed and disbursed amounts, the appropriate category should be selected for the reported amounts. Consistent definitions should be used across the tables.
(9) Member States are to avoid double counting of amounts in this table. If a specific use fits into several rows, the most appropriate one is to be chosen and the respective amount must be only entered once. Accompanying textual information could further explain such allocation decisions, if necessary.
(10) Information on the status is to be provided where available at disaggregate level. Member States should provide the definitions used for ‘commitment' and disbursement’ as part of their report. If Member States are not able to distinguish between committed and disbursed amounts, the appropriate category should be selected for the reported amounts.
(11) Several applicable sectors can be selected. Member States may report sectoral distribution if such information is available. ‘Information not available’ can only be selected if there is absolutely no information available for the respective row.
(12) Only financial support provided which is climate-specific as e.g. indicated by CDC DAC indicators should be entered in this table.
(13) An average annual exchange rate for the year X-1 or the real exchange rate applied to the amount disbursed is to be used for the currency conversion.
(14) Member States are to avoid double counting of amounts in this table. If a specific use fits into several rows, the most appropriate one is to be chosen and the respective amount shall be only entered once. Accompanying textual information could further explain such allocation decisions, if necessary
(15) The appropriate financial instrument is to be chosen. Several categories can be selected if several financial instruments are relevant for the respective row. Mostly grants are provided to multilateral institutions and other categories may not frequently be applicable. However more categories are used to achieve consistency with reporting requirements for biennial reports under the UNFCCC. ‘Information not available’ can only be selected if there is absolutely no information available for the respective row.
(16) To be reported if such information is available for multilateral fund or banks. ‘Information not available’ can only be selected if there is absolutely no information available for the respective row.
(17) The notation key ‘information not available’ may be used if there is absolutely no information available for the respective cells.
(18) Information on the status shall be provided at least in Table 3, and should be provided in this table, where available at disaggregate level. If Member States are not able to distinguish between committed and disbursed amounts, the appropriate category should be selected for the reported amounts.
(19) Several applicable sectors can be selected. Member States may report sectoral distribution if such information is available. ‘Information not available’ can only be selected if there is absolutely no information available for the respective row.
(20) Only financial support provided which is climate-specific as e.g. indicated by OECD DAC indicators should be entered in this table.
(21) An average annual exchange rate for the year X-1 or the real exchange rate applied to the amount disbursed is to be used for the currency conversion.
(22) Member States are to avoid double counting of amounts in this table. If a specific use would fits into several rows, the most appropriate one are to be chosen and the respective amount must be only entered once. Accompanying textual information could further explain such allocation decisions, if necessary.
(23) The appropriate financial instrument is to be chosen. Several categories can be selected if several financial instruments are relevant for the respective row. ‘Information not available’ can only be selected if there is absolutely no information available for the respective row.
(24) The notation key ‘information not available’ may be used if there is absolutely no information available for the respective cells.
ANNEX XIV
Reporting on the project credits used for compliance with Decision No 406/2009/EC pursuant to Article 25 of this Regulation
Reporting Member State
Units transferred to the Effort Sharing Decision Compliance Account in year X-1
Type of information
Country of origin
ERUs
CERs
lCERs
tCERS
Other units (1)
Justification/explanation of qualitative criteria applied to credits (2)
A
B
C
D
E
F
G
Total use of project credits in tonnes (= total amount of units transferred to the ESD Compliance Account)
Geographical distribution: countries of origin of the emission reductions
one row per country should be generated; the corresponding units should be entered in the columns.
Of which are credits from project types pursuant to Article 5(1)(a) of Decision No 406/2009/EC
Of which are credits from project types pursuant to Article 5(1)(b) of Decision No 406/2009/EC
Of which are credits from project types pursuant to Article 5(1)(c) and 5(5) of Decision No 406/2009/EC
Of which are credits from project types pursuant to Article 5(1)(d) of Decision No 406/2009/EC
Of which are credits from project types pursuant to Article 5(2) and (3) of Decision No 406/2009/EC
Of which are credits from project types that cannot be used by operators in the EU ETS (3)
Notes:
(1) Units used pursuant to Article 5(2) and (3) of Decision No 406/2009/EC.
(2) Member States shall include the qualitative criteria applied to credits used in accordance with Article 5 of Decision No 406/2009/EC.
(3) Where credits from project types that cannot be used by operators in the EU ETS are reported, a detailed justification of the use of such credits must be provided in column G.
Notation: x signifies the reporting year
ANNEX XV
Reporting on summary information on concluded transfers pursuant to Article 26
Information on concluded transfers for the year X-1
Number of transfers
Transfer 1 (1)
Quantity of Annual Emission Allocation units (AEAs)
Transferring Member State
Acquiring Member State
Price per AEA
Date of the transfer agreement
Year of the expected transaction in the registry
Other information (such as greening schemes)
Note:
(1) Replicate for the number of transfers that occurred in the year X-1
X signifies the reporting year
ANNEX XVI
Table 1: Schedule for the comprehensive review to determine Member State's Annual emissions allocations pursuant to the fourth subparagraph of Article 3(2) of Decision No 406/2009/EC
Activity
Task description
Time
First step review
The Secretariat implements the checks to verify the transparency, accuracy, consistency, completeness and comparability of Member States inventories pursuant to Article 29 of this Regulation.
15 January — 15 March
Preparation of review material for the technical experts review team (TERT)
The Secretariat prepares and compiles material for TERT.
15 March — 30 April
Desk-based review
TERT performs checks pursuant to Article 32 of this Regulation, prepares initial questions based on 15 April submissions including consideration of any re-submitted data to the UNFCCC. Secretariat to communicate questions to Member States
1 May — 21 May
Time-limit for the responses of the Member State to the initial questions
Member States respond to questions — two week period for responses
21 May — 4 June
Centralised meetings of expert reviewers
TERT meets to discuss responses from Member States, identify cross-cutting issues, ensure consistency of findings across Member States, agree upon recommendations etc. Additional questions are identified and communicated by the Secretariat to Member States during this period.
5 June — 29 June
Time-limit for the responses of the Member State responses to the additional questions
Member States respond to questions.
By 6 July
Preparation of draft review reports, including possible further questions to Member States
The TERT compiles draft review reports, including unresolved questions to Member States, draft recommendations concerning possible inventory improvements for consideration by Member States, and, where applicable, details of and justification for potential technical corrections. The Secretariat communicates the reports to Member States
29-June — 13 July
Time-limit for the comments of the Member State on draft review report
Member States comment on draft reports, respond to unresolved questions and, where relevant, agree or disagree with the TERT's recommendations.
13 July — 3 August
Time-limit for finalisation of review reports
Informal communication with Member States to follow up any outstanding issues. The TERT finalises the reports, which are reviewed and edited by the Secretariat.
By 17 August
Final Review Reports
Secretariat communicates the final review reports to the Commission
By 17 August
Table 2: Schedule for the comprehensive reviews pursuant to Article 19(1) of Regulation (EC) No 525/2013/EC
Activity
Task description
Timing
First step review and communication of its results to Member States
The Secretariat implements the checks to verify the transparency, accuracy, consistency, completeness and comparability of Member States inventories pursuant to Article 29 of this Regulation based on 15 January submissions and sends the first step review results to Member States.
15 January — 28 February
Response to the first step review results
Member States provide their response to the Secretariat on the first step review results.
By 15 March
Follow-up on the first step review result and communication of the follow-up results to Member States
The Secretariat evaluates Member States' responses to the first step review results and sends the evaluation results and other outstanding issues to Member States.
15 March — 31 March
Response to the follow-up results
Member States provide their comments to the Secretariat on the follow-up results and other outstanding issues.
By 7 April
Preparation of review material for the TERT
The Secretariat prepares material for the comprehensive review based on 15 April submissions of the Member States.
15 April — 25 April
Desk based review
The TERT performs checks pursuant to Article 32 of this Regulation, compiles initial questions to Member States based on 15th April submissions.
25 April — 13 May
Communication of initial questions
The Secretariat sends initial questions to Member States.
By 13 May
Response
Member States respond to initial questions to the Secretariat.
13 May — 27 May
Centralised expert meetings
The TERT meets to discuss responses from Member States, identify cross-cutting issues, ensure consistency of findings across Member States, agree upon recommendations, prepare draft technical corrections, etc. Additional questions are identified and communicated to Member States during this period.
28 May — 7 June
Response
Member States provide answers to questions and potential cases of technical corrections during the centralised review to the Secretariat.
28 May — 7 June
Communication of technical corrections
The Secretariat sends draft technical corrections to Member States.
By 8 June
Response
Member States respond to draft technical corrections to the Secretariat.
By 22 June
Compilation of draft review reports
The TERT compiles draft review reports, including any unresolved questions and draft recommendations and, where applicable, details and justification for draft technical corrections.
8– 29 June
Potential in-country visit
In exceptional cases, where significant quality issues continue to exist in the inventories reported by Member States or the TERT is unable to resolve questions, an ad-hoc country visit may be undertaken.
29 June — 9 August
Draft review reports
The Secretariat sends draft review reports to Member States
By 29 June
Comments
Member States provide comments on the draft review reports to the Secretariat including any comments they wish to include in the final review report.
By 9 August
Finalisation of review reports
The TERT finalises the review reports. Informal communication with Member States to follow up any outstanding issues if needed. The Secretariat checks the review reports.
9 August — 23 August
Submission of Final Review Reports
Secretariat communicates the final review reports to the Commission and to Member States.
By 30 August
Table 3: Schedule for the annual review pursuant to Article 19(2) of Regulation No (EU) 525/20013
Activity
Task description
Time
First step of the annual review
First step review and communication of its results to Member States
The Secretariat implements the checks to verify the transparency, accuracy, consistency, completeness and comparability of Member States inventories pursuant to Article 29 of this Regulation based on 15 January submissions and sends the first step review results and potential significant issues to Member States.
15 January — 28 February
Response to the first step review results
Member States provide their response to the Secretariat on the first step review results and potential cases of significant issues.
By 15 March
Follow-up on the first step review results and communication of the follow-up results to Member States
The Secretariat evaluates Member States' responses to the first step review results and identifies significant issues which could potentially trigger the second step of the annual review and sends the evaluation results and a list of potential significant issues to Member States.
15 March — 31 March
Response to the follow-up results
Member States provide their comments to the Secretariat on potential cases of significant issues.
By 7 April
Review of Member States responses
The TERT assesses Member States' responses and identifies the Member States that are potentially subject to the Second step of the annual review. Member States with no potential significant issues are notified that they are not subject to the second step of the annual review pursuant to Article 35.
7 April — 20 April
Unresolved significant issues
The Secretariat sends an interim review report with all unresolved significant issues from the first step checks to Member States subject to the second step of the annual review. Member States which are not subject to the second step of the annual review will receive a final review report.
By 20 April
Second step of the annual review
Preparation of review material
The Secretariat prepares review material for the second step of the annual review based on the 15 March submissions of Member States.
15 March — 15 April
Second step review
The TERT performs checks pursuant to Article 32 of this Regulation, identifies and calculates potential technical corrections. Member States should be available for questions during the second week of the review.
15 April — 28 April
Communication of technical corrections
The Secretariat sends potential technical corrections to Member States.
By 28 April
Response
Member States provide comments on potential technical corrections to the Secretariat.
By 8 May
Draft review reports
The TERT compiles draft review reports, including draft recommendations and a justification for potential technical corrections.
8 May — 31 May
Communication of the draft review reports
The Secretariat sends draft review reports to Member States
By 31 May
Response
Member States provide comments on the draft review reports to the Secretariat including any comments they wish to include in the final review report.
By 15 June
Compilation of review reports
The TERT updates the draft review reports and clarifies with Member States any outstanding issues if needed.
The Secretariat checks and if needed edits the review reports
15 June — 25 June
Submission of final review reports
The Secretariat communicates the final review reports to the Commission and to Member States.
By 30 June |
25.11.2014
EN
Official Journal of the European Union
L 337/51
COMMISSION REGULATION (EU) No 1256/2014
of 21 November 2014
establishing a prohibition of fishing for skates and rays in Union waters of IIa and IV by vessels flying the flag of The Netherlands
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1)
Council Regulation (EU) No 43/2014 (2), lays down quotas for 2014.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.
(3)
It is therefore necessary to prohibit fishing activities for that stock,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2014 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 November 2014.
For the Commission,
On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
ANNEX
No
74/TQ43
Member State
The Netherlands
Stock
SRX/2AC4-C
Species
Skates and rays (Rajiformes)
Zone
Union waters of IIa and IV
Closing date
10.11.2014 |
17.12.2014
EN
Official Journal of the European Union
L 360/44
COUNCIL DECISION 2014/913/CFSP
of 15 December 2014
in support of the Hague Code of Conduct and ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 26(2) thereof,
Whereas:
(1)
On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.
(2)
The EU is actively implementing the Strategy and giving effect to the measures listed in Chapters II and III thereof, for example by releasing financial resources to support specific projects leading to the enhancement of a multilateral non-proliferation system and multilateral confidence building measures. The Hague Code of Conduct against ballistic missile proliferation (‘the Code’ or ‘HCoC’) and the Missile Technology Control Regime (‘MTCR’) are integral parts of that multilateral non-proliferation system. The Code and the MTCR aim to prevent and curb the proliferation of ballistic missile systems capable of delivering weapons of mass destruction (‘WMD’) and related technologies.
(3)
On 17 November 2003, the Council adopted Common Position 2003/805/CFSP (1). That Common Position calls, inter alia, for the promotion of the subscription of as many countries as possible to the Code, especially those with ballistic missile capabilities, as well as for the further development and implementation of the Code, especially its confidence-building measures, and for the promotion of a closer relationship between the Code and the UN multilateral non-proliferation system.
(4)
On 8 December 2008, the Council adopted its conclusions and a document entitled ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’. The document states, inter alia, that proliferation of WMD and their delivery systems continue to constitute one of the greatest security challenges and that non-proliferation policy constitute an essential part of Common Foreign and Security Policy. In the light of progress made and of ongoing efforts in the implementation of the ‘new lines for action’, the Council agreed in December 2010 to prolong their implementation period until the end of 2012.
(5)
On 18 December 2008, the Council adopted Decision 2008/974/CFSP (2) in support of the Code in the framework of the implementation of the Strategy.
(6)
On 23 July 2012, the Council adopted Decision 2012/423/CFSP (3). That Decision has allowed the successful promotion of the universality of the Code and compliance with its principles. It is a priority of the Union to continue dialogue among subscribing and non-subscribing States with the aim of further promoting the universality of the Code as well as its better implementation and enhancement. This Decision should contribute to this process.
(7)
More generally, the continued proliferation of ballistic missiles capable of delivering WMD constitutes a cause of growing concern for the international community, in particular ongoing missiles programmes in the Middle-East, North-East Asia and South-East Asia, including Iran, Syria and the Democratic People's Republic of Korea (‘DPRK’).
(8)
The UN Security Council emphasised in UNSCR 1540 (2004) and recalled in UNSCR 1977 (2011) that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constituted a threat to international peace and security and obliged States, inter alia, to refrain from supporting by any means non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons and their delivery systems. The threat caused by nuclear, chemical and biological weapons and their means of delivery to international peace and security was reaffirmed in UNSCR 1887 (2009) on nuclear non-proliferation and nuclear disarmament. Furthermore, the UN Security Council decided in UNSCRs 1929 (2010) and 1718 (2006), based inter alia on UNSC resolutions 1540 (2004), 1977 (2011) and 1887 (2009), that Iran and the DPRK should not undertake any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology, and that States should take all necessary measures to prevent the transfer of technology or technical assistance to Iran and DPRK related to such activities.
(9)
This Decision should serve, more generally, to support a range of activities aimed to fight against the proliferation of ballistic missiles,
HAS ADOPTED THIS DECISION:
Article 1
1. For the purposes of ensuring the continuous and practical implementation of certain elements of the Strategy, as referred to in the Annex, the Union shall:
(a)
support activities in support of the Code and the MTCR, in particular with the aim to:
(i)
promote the universality, and in particular the subscription to the Code by all States with ballistic missile capabilities;
(ii)
support the implementation and reinforcing the visibility of the Code;
(iii)
promote adherence to the MTCR guidelines and the Annex thereto;
(b)
more generally, support a range of activities to fight against the proliferation of ballistic missiles, aimed in particular at raising awareness of this threat, stepping up efforts to increase the effectiveness of multilateral instruments, building up support to initiatives to address these specific challenges and helping interested countries to reinforce nationally their relevant export control regimes.
2. In this context, the projects to be supported by the Union shall cover the following specific activities:
(a)
activities in support of the Code:
(i)
prepare and publish a ‘welcome package’ for outreach activities towards non-subscribing States, also recalling obligations for subscribing States;
(ii)
organise outreach side events in Vienna in the margins of the HCoC annual meeting of subscribing States;
(iii)
organise outreach side events in support of the HCoC in the margins of the UN General Assembly First Committee meetings;
(iv)
organise up to three regional outreach seminars based on EU priorities (possibly Asia, Gulf countries and Latin America);
(v)
encourage subscribing and non-subscribing States' representatives from developing countries to attend the HCoC Annual meetings and outreach seminars;
(vi)
organise awareness sessions for States having recently joined the HCoC to assist them in fulfilling their obligations, including in the margins of the HCoC annual meeting in Vienna;
(vii)
support the coordination of HCoC promotion efforts with the activities of the UN 1540 Committee, including through financing the participation of HCoC experts into the 1540 Committee country visits;
(viii)
support the HCoC secure internet-based information and communication mechanism (e-ICC), including through technical enhancement of the website;
(b)
activities in support of ballistic missile non-proliferation in general:
(i)
organise up to four seminars to raise awareness on ballistic missile proliferation in the margins of multilateral fora, possibly linked with the HCoC outreach events referred to in point (a), such as a seminar in the margins of UNGA or the Non-Proliferation Treaty Preparatory committees;
(ii)
organise up to three regional seminars to raise awareness on ballistic missile proliferation and encourage discussions on perspectives to better address the ballistic missile proliferation threat at a regional level, possibly linked with other EU outreach activities on HCoC; in association with the States concerned, seminars could take place in Asia, the Gulf region and Latin America;
(iii)
provide four food-for-thought papers on possible further multilateral steps to prevent the threat of missile proliferation and to promote disarmament efforts in the field of ballistic missiles, focusing in particular on possible confidence-building measures and exploring the possibility to adopt a regional focus as a first step, for instance in regions of particular interest for the Union and/or where progress can be expected in the near future;
(iv)
in order to prevent dual-use technology and knowledge transfer at an early stage, organise up to three awareness-building sessions for experts, especially from the scientific and/or space communities and the industry;
(v)
encourage access of academics from developing countries working on missile non-proliferation to projects of the EU Centres of Excellence;
(vi)
in coordination with the EU Centres of Excellence, organise targeted expert missions in third countries in order to share information and lessons learned regarding missile technology and dual use goods related export control and help them build up their national capabilities;
(vii)
support experts training on ballistic missiles non-proliferation, through participation in EU programmes such as that of the European Security and Defence College or in programmes of the Member States of the Union (‘Member States’).
A detailed description of the projects is set out in the Annex.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.
2. Technical implementation of the projects referred to in Article 1(2) shall be carried out by the Fondation pour la recherche stratégique (FRS), which shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the FRS.
Article 3
1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 990 000.
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the FRS. The agreement shall stipulate that the FRS is to ensure visibility of the EU contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the FRS. Those reports shall form the basis for the evaluation carried out by the Council.
2. The Commission shall provide information on the financial aspects of the projects referred to in Article 1(2).
Article 5
1. This Decision shall enter into force on the day of its adoption.
2. This Decision shall expire 30 months after the date of the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire six months after its entry into force if no financing agreement has been concluded by that time.
Done at Brussels, 15 December 2014.
For the Council
The President
F. MOGHERINI
(1) Council Common Position 2003/805/CFSP of 17 November 2003 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (OJ L 302, 20.11.2003, p. 34).
(2) Council Decision 2008/974/CFSP of 18 December 2008 in support of the Hague Code of Conduct against Ballistic Missile Proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 345, 23.12.2008, p. 91).
(3) Council Decision 2012/423/CFSP of 23 July 2012 in support of ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction and of the Council Common Position 2003/805/CFSP (OJ L 196, 24.7.2012, p. 74).
ANNEX
1. OBJECTIVES
The Union is a strong promoter of missile non-proliferation. Its efforts in this regard include the Strategy and Common Position 2003/805/CFSP. In addition, the Council has endorsed ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’, and the EU supported UNSC Resolution 1540 (2004), which has since been recalled in UNSC resolution 1977 (2010).
The Union considers the MTCR an important multilateral instrument which aims at curbing the proliferation of ballistic missile systems and related technologies and know-how through the establishment and the implementation of export control regulations on sensitive materials. 19 Member States are members of the MTCR and all Member States are implementing the MTCR export control list through Council Regulation (EC) No 428/2009 (1).
The Union has also strongly supported the Code from its inception and has expressed regular concern over ballistic missile proliferation. The Union considers the Code as a central transparency and confidence building measure. All Member States have subscribed to the Code and are implementing the Code in good faith.
In the past, the Union tried to overcome the remaining loopholes in the implementation of the Code and in its universality by organising workshops, expert meetings and regional awareness seminars. Those activities, which have been organised under Decision 2008/974/CFSP and implemented by the FRS, have proved their efficiency and relevance.
Encouraged by the outcome of those events, the Union has pursued its initiative and supported three aspects of the Code as follows:
(a)
universality of the Code;
(b)
implementation of the Code;
(c)
enhancement and improved functioning of the Code.
This action was undertaken under Decision 2012/423/CFSP, which allowed the development of several initiatives in support of HCoC including:
(a)
the development of a dedicated secure website;
(b)
the organisation of several side-events aimed at promoting the Code vis-à-vis non-subscribing States in Vienna, Geneva and New York;
(c)
awareness raising workshop for African and Middle Eastern Countries in Paris;
(d)
regional seminars in Singapore, Abu Dhabi and Lima;
(e)
preparation of food-for-thought papers.
Decision 2012/423/CFSP has contributed to raising awareness about the Code and to its promotion vis-à-vis third countries. Through that Decision, the Union has supported Costa Rica, France, Hungary, Japan, Peru and Romania in their activities as HCoC Chairs. By raising the profile of the HCoC, it has facilitated the adherence of new members to the Code.
In view of the results achieved, and of the continued proliferation of ballistic missiles capable of delivering WMD which constitute a cause of growing concern for the international community, in particular ongoing missile programmes in the Middle-East, North-East Asia and South-East Asia, including Iran and the DPRK, the following actions will be carried out:
(a)
project 1, information and communication;
(b)
project 2, strengthening the ballistic missile non-proliferation;
(c)
project 3, universalisation of the HCoC — Outreach activities;
Going beyond the sole promotion of adherence to the Code and the MTCR, this Decision allows for the deepening of the international debate over missile proliferation and engaging new regional areas and new communities.
2. DESCRIPTION OF THE PROJECT
2.1. Project 1: Information and Communication
2.1.1. Objective of the project
The Code represents an important instrument for curbing the proliferation of ballistic missiles and related technologies through confidence-building and transparency measures. However, more needs to be done to support it, in particular with the aim of:
(a)
promoting the universality of the Code, and in particular the subscription to the Code by all States with ballistic missile and space capabilities;
(b)
supporting the implementation of the Code in all its aspects;
(c)
reinforcing the visibility of the Code.
2.1.2. Description of the project
The project provides for three types of activities:
(a)
preparing, designing, printing and distributing up to 1 500 leaflets describing Union support for the Code. The leaflet will also include:
(i)
a description of the HCoC;
(ii)
the objectives of the HCoC;
(iii)
a description of the annual declarations, the pre-launch notifications and the voluntary observation visits;
(iv)
the European strategy towards the HCoC and the proliferation of WMD means of delivery;
(v)
demarches to be fulfilled in order to subscribe to the Code;
(vi)
contact details for non-subscribing States;
(b)
preparing, designing, printing and distributing up to 1 000‘welcome package’ printed booklets and a USB stick for outreach activities towards non-subscribing States, also recalling obligations for subscribing States. It will also be available online, covering all the necessary information about the Code and the relevant points of contact. The ‘welcome package’ will include the leaflet described in point (a);
(c)
supporting and updating the HCoC secure Internet-based information and communication mechanism (‘electronic Immediate Central Contact’ — e-ICC), including through technical enhancement of the website in close cooperation with the Austrian Federal Ministry of Foreign Affairs.
2.1.3. Expected results of the project/indicators
(a)
through wide distribution of the ‘welcome package’ during the various events, greater awareness achieved amongst partners of the value added of the HCoC, and of the role of the Union;
(b)
more secure HCoC website enables improved exchange of relevant information amongst partners;
(c)
use of the ‘welcome package’ by the HCoC Chair, the Austrian Secretariat (‘Immediate Central Contact’ (‘ICC’)), the Union and other partners as necessary in their outreach activities.
2.1.4. Beneficiaries of the project
The beneficiaries of the project are both States subscribing to the HCoC and non-subscribing States.
2.2. Project 2: strengthening the ballistic missile non-proliferation
2.2.1. Purpose of the project
The continued proliferation and operational use of ballistic missiles capable of delivering WMD constitutes a cause of growing concern for the international community, in particular ongoing missiles programmes in the Middle-East, North-East Asia and South-East Asia, including Iran and the DPRK.
More generally, the project will support a range of activities to fight against the proliferation of ballistic missiles, aimed in particular at raising awareness of the threat, stepping up efforts to increase the effectiveness of multilateral instruments, building support to initiatives to address those specific challenges and helping interested countries to reinforce nationally their relevant export control regimes.
2.2.2. Description of the project
The publication of two food-for-thought papers per year (4 for the duration of the project). Possible subjects could include:
(a)
the use of the existing WMD free zones as an example and a potential framework for further initiatives banning ballistic missiles;
(b)
further multilateral steps to prevent the threat of missile proliferation and to promote disarmament efforts in the field of ballistic missiles, focusing in particular on possible confidence-building measures;
(c)
export and transit control mechanisms;
(d)
the role of Intangible Transfer of Technology (ITT) in the area of ballistic missiles.
2.2.3. Expected results of the project/indicators
(a)
Promoting multilateral efforts curbing missile proliferation including the HCoC and the MTCR increases the EU influence in the field of missile non-proliferation;
(b)
encouraging the debate on new initiatives to strengthen the Code and the MTCR and open the door for further initiatives;
(c)
fostering missile non-proliferation;
(d)
at least 4 food-for-thought papers to be published;
(e)
raising awareness about dual-use technology and knowledge transfer issues prevents unintentional transfer among Member States and increase global awareness of export control mechanism.
2.2.4. Project beneficiaries
The Union and the Member States will benefit from the food-for-thought papers; wider distribution will be decided by the HR in close consultation with Member States in the framework of the competent Council Working Party. The final decision will be based on proposals by the implementing entity in accordance with Article 2(2) of this Decision.
2.3. Project 3: Universalisation of the HCoC — Outreach activities
2.3.1. Purpose of the project
The project will raise awareness of both missile non-proliferation and the HCoC by organising several events aimed at engaging non-subscribing States. To this end, events will be organised in Vienna and New York to engage the UN delegations in the margins of relevant events.
2.3.2. Project description
The project will provide for three types of events:
(a)
Financing of four outreach events (2 in each city) in support of both the HCoC and ballistic missile non-proliferation that will take place in two cities:
(i)
in New York, in the margins of the UN General Assembly First Committee meetings or of the non-Proliferation Treaty Preparatory Committees meetings;
(ii)
in Vienna, in the margins of the HCoC or other relevant activities of the UN in Vienna.
Regarding the organisation of the seminars:
(i)
each seminar will last half a day and will gather up to 80 participants from UN missions in New York and Vienna around a selected group of speakers and EU officials;
(ii)
up to 6 speakers will be invited;
(iii)
the HCoC acting Chair will be invited;
(iv)
restricted lunches or dinners aimed at engaging senior officials from selected countries led by an EU senior representative and experts will be organised and funded under this Decision.
To this end, the implementing entity will propose for each event a list of countries, some of which will be non-subscribing States. This will allow the convening of senior representatives who deal with non-proliferation issues.
(b)
Financing of three regional outreach seminars that could take place in Latin America (e.g. Argentina, Brazil, Chile, Mexico or a non-member in the Caribbean region), the Middle East (e.g. the Gulf countries, Bahrain, Qatar or Saudi Arabia) and Asia (e.g. Indonesia or Vietnam). The choice of the location will be made in agreement with the HR, in close consultation with Member States in the framework of the competent Council Working Party. The seminar will be dedicated to trends in missile proliferation and a focus on regional issues and will address the HCoC and practical information about being a subscribing State. Subscribing States of the region will be invited at governmental level in order to share their experience with non-subscribing States. The HCoC acting Chair will also be invited to deliver a statement and chair the session. The attendance could include officials, diplomats, military staff, international organisation representatives, EU representatives, academics, etc.
Regarding the organisation of the seminars:
(i)
each seminar will last one day;
(ii)
up to 50 persons could be invited to attend;
(iii)
the HCoC acting Chair will be invited to deliver a statement.
(c)
Up to 10 targeted expert missions for non-subscribing States. They will mainly target the relevant industries, scientific community, export control experts and civil society representatives. In coordination with the European Union Centres of Excellence, two experts on ballistic missile non-proliferation from the implementing agency and an EU expert will conduct field missions in targeted countries. Possible destinations could include, but are not limited to Algeria, Bahrain, Bolivia, Brazil, China, Egypt, India, Indonesia, Israel, Malaysia, Mexico, Qatar, Saudi Arabia, South Africa and Thailand. The final list of countries will be decided in close cooperation with the HR, as well as the opportunity of joint demarches with the UN 1540 Committee outreach efforts. The attendance could include officials, diplomats, military staff, academics, industry, researchers, etc. from the visited country. Priority will be given to officials and political deciders, diplomats, relevant military staff, etc.
Regarding the organisation of the seminars:
(i)
each seminar will last one day;
(ii)
up to 25 persons could be invited;
(iii)
3 experts will be invited;
(iv)
the HCoC acting Chair will be invited.
2.3.3. Expected results of the project/ indicators
(a)
At least 4 outreach events to be organised in New York and Vienna;
(b)
the 3 regional events have gathered an important diplomatic and academic community and allowed new perspectives on adhesions;
(c)
10 expert's missions were conducted in order to enhance the universalisation of the HCoC. Those missions have gathered at least 20 decision-makers and officials and increased the level of commitment from the officials and decision-makers in the visited countries;
(d)
raising awareness of missile proliferation trends and more particularly on the Code with regard to non-subscribing States promote discussions on further efforts to curb missile proliferation;
(e)
the project fosters the debate within and outside the Union on future initiatives;
(f)
the project raises the profile of missile proliferation as a strategic challenge.
2.3.4. Beneficiaries of the project
The main focus of these events will be non-subscribing States, although subscribing States might be associated with some events for policy reasons. Participants should be primarily governmental experts and senior officials.
The final choice of the beneficiary States will be made in consultation between the implementing entity and the HR in close consultation with Member States in the framework of the competent Council Working Party.
3. DURATION
The total estimated duration of the implementation of the projects is 30 months.
4. IMPLEMENTING ENTITY
(a)
The FRS will be entrusted with the technical implementation of the projects;
(b)
co-funding will depend on the FRS;
(c)
the implementing entity will prepare:
(i)
quarterly reports on the implementation of the projects;
(ii)
a final report not later than one month after the end of the implementation of the projects;
(d)
reports will be sent to the HR;
(e)
the FRS will ensure the visibility of the Union contribution, appropriate to its size.
5. THIRD-PARTY PARTICIPANTS
The projects will be financed in their entirety under this Decision. Experts from States subscribing to the Code or from non-subscribing States may be considered as third-party participants. They will work in accordance with the standard rules of the FRS.
(1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1). |
7.11.2014
EN
Official Journal of the European Union
L 321/7
COMMISSION IMPLEMENTING REGULATION (EU) No 1199/2014
of 24 October 2014
entering a name in the register of protected designations of origin and protected geographical indications (Pemento de Mougán (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1)
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain's application to register the name ‘Pemento de Mougán’ was published in the Official Journal of the European Union (2).
(2)
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Pemento de Mougán’ should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Pemento de Mougán’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2014.
For the Commission,
On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 198, 27.6.2014, p. 39.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36). |
31.10.2014
EN
Official Journal of the European Union
L 311/58
COMMISSION IMPLEMENTING DECISION
of 30 October 2014
on the equivalence of the regulatory framework of Singapore for central counterparties to the requirements of Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories
(2014/753/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 25(6) thereof,
Whereas:
(1)
The procedure for recognition of central counterparties (‘CCPs’) established in third countries set out in Article 25 of Regulation (EU) No 648/2012 aims to allow CCPs established and authorised in third countries whose regulatory standards are equivalent to those laid down in that Regulation to provide clearing services to clearing members or trading venues established in the Union. That recognition procedure and the equivalence decision provided for therein thus contribute to the achievement of the overarching aim of Regulation (EU) No 648/2012 to reduce systemic risk by extending the use of safe and sound CCPs to clear over-the-counter (‘OTC’) derivative contracts, including where those CCPs are established and authorised in a third country.
(2)
In order for a third country legal regime to be considered equivalent to the legal regime of the Union in respect of CCPs, the substantial outcome of the applicable legal and supervisory arrangements should be equivalent to Union requirements in respect of the regulatory objectives they achieve. The purpose of this equivalence assessment is therefore to verify that the legal and supervisory arrangements of Singapore ensure that CCPs established and authorised therein do not expose clearing members and trading venues established in the Union to a higher level of risk than the latter could be exposed to by CCPs authorised in the Union and, consequently, do not pose unacceptable levels of systemic risk in the Union.
(3)
On 1 September 2013, the Commission received the technical advice of the European Securities and Markets Authority (‘ESMA’) on the legal and supervisory arrangements applicable to CCPs authorised in Singapore. The technical advice identified a number of differences between the legally binding requirements applicable, at a jurisdictional level, to CCPs in Singapore and the legally binding requirements applicable to CCPs under Regulation (EU) No 648/2012. This Decision is not only based, however, on a comparative analysis of the legally binding requirements applicable to CCPs in Singapore, but also on an assessment of the outcome of those requirements, and their adequacy to mitigate the risks that clearing members and trading venues established in the Union may be exposed to in a manner considered equivalent to the outcome of the requirements laid down in Regulation (EU) No 648/2012. The significantly lower risks inherent in clearing activities carried out in financial markets that are smaller than the Union financial market should thereby, in particular, be taken into account.
(4)
In accordance with Article 25(6) of Regulation (EU) No 648/2012, three conditions need to be fulfilled in order to determine that the legal and supervisory arrangements of a third country regarding CCPs authorised therein are equivalent to those laid down in that Regulation.
(5)
According to the first condition, CCPs authorised in a third country must comply with legally binding requirements which are equivalent to the requirements laid down in Title IV of Regulation (EU) No 648/2012.
(6)
The legally binding requirements of Singapore for CCPs authorised therein consist of Chapter 289 of the Securities and Futures Act (‘SFA’) and the Securities and Futures (Clearing Facilities) Regulations 2013 (‘SFA Regulations’). The SFA aims at promoting safe and efficient clearing facilities and reducing systemic risk. The SFA Regulations develop and implement the SFA requirements. The SFA introduces an authorisation regime for all systemically important clearing facilities performing the role of CCPs, which have to be authorised by the Monetary Authority of Singapore (‘MAS’) as Approved Clearing Houses (‘ACHs’). Other clearing facilities, including overseas CCPs, are authorised by MAS as Recognised Clearing Houses (‘RCHs’).
(7)
In January 2013, MAS also issued the Monograph on Supervision of Financial Market Infrastructures (‘the Monograph’) which sets out standards applicable to CCPs in implementation of the Principles for Financial Market Infrastructures (PFMIs) issued by the Committee on Payment and Settlement Systems (2) (‘CPSS’) and the International Organization of Securities Commissions (‘IOSCO’) in April 2012. In particular, the Monograph explains how MAS expects ACHs to comply with their obligations under the SFA, and it is taken into account by MAS in assessing compliance with the SFA obligations by ACHs.
(8)
To be authorised as ACHs, clearing houses have to fulfil specific requirements set out in the SFA and in the SFA Regulations. MAS may impose conditions or restrictions for the authorisation of ACHs and may at any time add or vary or revoke any condition or restriction imposed on them. ACHs have to operate clearing facilities safely and effectively, and they have to manage prudently the risks associated with their business and operations. They also must have sufficient financial, human and system resources.
(9)
Moreover, under the SFA, ACHs have to adopt, on an individual basis, internal rules and procedures ensuring the proper and efficient operation of the clearing facility and the proper regulation and supervision of its members. ACHs' internal rules and procedures must contain specific issues prescribed by MAS including requirements related to the risks in the operation of clearing facilities, the handling of defaults and the criteria and conditions to be fulfilled by their members. In this respect, the Monograph is implemented in the internal rules and procedures of ACHs. ACHs' internal rules and procedures, as well as any amendment, have to be submitted to MAS prior to their implementation. MAS can disallow, alter or supplement the internal rules and procedures or any part of the proposed amendment. In addition, under the SFA Regulations, prior approval by MAS is explicitly required for any change to the ACHs' risk management frameworks, including the type of collaterals accepted, the methodologies for collateral valuation and the determination of margins to manage ACHs' risk exposure to its participants, as well as the size of the financial resources available to cover a default of their members (excluding margins held with the ACH). The SFA provides for penalties where ACHs' internal rules and procedures are amended in a way no longer compliant with the requirements set out by MAS. Under the SFA, internal rules and procedures of ACHs are therefore binding upon ACHs.
(10)
The legally binding requirements of Singapore therefore comprise a two-tiered structure. The core requirements for ACHs laid down in the SFA and the SFA Regulations (‘the primary rules’), set out the high-level standards with which ACHs must comply in order to obtain authorisation to provide clearing services in Singapore. Those primary rules comprise the first tier of the legally binding requirements in Singapore. In order to prove compliance with the primary rules, ACHs must submit their internal rules and procedures to MAS prior to their implementation and MAS can disallow, alter or supplement them. Those internal rules and procedures comprise the second tier of the legally binding requirements of Singapore, which must provide prescriptive detail regarding the way in which the applicant ACH meets those high-level standards in accordance with the Monograph. Moreover, the internal rules and procedures of ACHs contain additional provisions which complement the primary rules.
(11)
The equivalence assessment of the legal and supervisory arrangements applicable to ACHs should also take account of the risk mitigation outcome that they ensure in terms of the level of risk to which clearing members and trading venues established in the Union are exposed to due to their participation in ACHs. The risk mitigation outcome is determined by both the level of risk inherent in the clearing activities carried out by the CCP concerned which depend on the size of the financial market in which it operates, and the appropriateness of the legal and supervisory arrangements applicable to CCPs to mitigate that level of risk. In order to achieve the same risk mitigation outcome, more stringent risk mitigation requirements are needed for CCPs carrying out their activities in bigger financial markets whose inherent level of risk is higher than for CCPs carrying out their activities in smaller financial markets whose inherent level of risk is lower.
(12)
The size of the financial markets in which ACHs carry out their clearing activities is significantly smaller than that in which CCPs established in the Union carry out theirs. In particular, over the past three years, the total value of transactions cleared in Singapore represented less than 1 % of the total value of transaction cleared in the Union's Member-States which are part of the G10. Therefore, participation in ACHs exposes clearing members and trading venues established in the Union to significantly lower risks than their participation in CCPs authorised in the Union.
(13)
The legal and supervisory arrangements applicable to ACHs may therefore be considered as equivalent where they are appropriate to mitigate that lower level of risk. The primary rules applicable to ACHs, complemented by their internal rules and procedures which implement the PFMIs, mitigate the lower level of risk existing in Singapore and achieve a risk mitigation outcome equivalent to that pursued by Regulation (EU) No 648/2012.
(14)
The Commission therefore concludes that the legal and supervisory arrangements of Singapore ensure that ACHs authorised therein comply with legally binding requirements which are equivalent to the requirements laid down in Title IV of Regulation (EU) No 648/2012.
(15)
According to the second condition under Article 25(6) of Regulation (EU) No 648/2012, the legal and supervisory arrangements of Singapore in respect of CCPs authorised therein must provide for effective supervision and enforcement of those CCPs on an ongoing basis.
(16)
MAS can issue directions, whether of a general or specific nature, for ensuring the safe and efficient operation of ACHs and, in particular, for ensuring compliance with obligations or requirements under the SFA or with the requirements prescribed by MAS which have to be incorporated in the ACHs' internal rules and procedures. The SFA provides for penalties where the ACH concerned does not comply with the directions issued by MAS. Regarding enforcement of ACHs' internal rules and procedures, MAS may apply to the High Court to issue an order requesting an ACH to comply with, observe, enforce or give effect to its internal rules and procedures. Finally, MAS may revoke the authorisation of ACHs in case of non-compliance with the requirements it prescribes, any condition or restriction imposed on authorisation, any direction issued by MAS under the SFA or any provision of the SFA, among others.
(17)
In addition, ACHs are required under the SFA Regulations to submit to MAS an annual report on how they have discharged their responsibilities under the SFA during the financial year. They also have to submit to MAS the auditors' long form report of the ACH, which has to include the findings and recommendations of the auditors, if any, on the internal controls of the ACH and on any non-compliance of the ACH with any provision of the SFA and any direction issued by MAS under the SFA.
(18)
The Commission therefore concludes that the legal and supervisory arrangements of Singapore in respect of CCPs authorised therein provide for effective supervision and enforcement on an ongoing basis.
(19)
According to the third condition under Article 25(6) of Regulation (EU) No 648/2012, the legal and supervisory arrangements of Singapore must include an effective equivalent system for the recognition of CCPs authorised under third country legal regimes (‘third country CCPs’).
(20)
Third country CCPs may apply for a RCH authorisation enabling them to provide the same services in Singapore as those they are authorised to provide in the third country.
(21)
Before granting a RCH authorisation, MAS assesses whether the regulatory regime of the third country in which the CCP is authorised is comparable to the legal and supervisory arrangements applied to CCPs established in Singapore, including whether the PFMIs are applied. The establishment of cooperation arrangements between MAS and the relevant foreign supervisory authority is also required to grant an RCH authorisation.
(22)
While noting that the structure of the recognition procedure of the legal regime of Singapore applicable to third country CCPs differs from the procedure laid down in Regulation (EU) No 648/2012, it should nonetheless be considered as providing for an effective equivalent system for the recognition of third country CCPs.
(23)
The conditions laid down in Article 25(6) of Regulation (EU) No 648/2012 can therefore be considered to be met by the legal and supervisory arrangements of Singapore regarding ACHs and those legal and supervisory arrangements should be considered to be equivalent to the requirements laid down in Regulation (EU) No 648/2012. The Commission, informed by ESMA, should continue monitoring the evolution of the Singapore legal and supervisory framework for CCPs and the fulfilment of the conditions on the basis of which this decision has been taken.
(24)
The measures provided for in this Decision are in accordance with the opinion of the European Securities Committee,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of Article 25 of Regulation (EU) No 648/2012, the legal and supervisory arrangements of Singapore consisting of Chapter 289 of the Securities and Futures Act and the Securities and Futures (Clearing Facilities) Regulations 2013 as complemented by the ‘Monograph on Supervision of Financial Market Infrastructures’ and applicable to Approved Clearing Houses (‘ACHs’) authorised therein shall be considered to be equivalent to the requirements laid down in Regulation (EU) No 648/2012.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 30 October 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 201, 27.7.2012, p. 1.
(2) As of 1 September 2014 the Committee on Payment and Settlement Systems has changed its name to Committee on Payment and Market Infrastructures (‘CPMI’). |
24.9.2014
EN
Official Journal of the European Union
L 280/13
COMMISSION REGULATION (EU) No 996/2014
of 18 September 2014
establishing a prohibition of fishing for blue ling in Union and international waters of Vb, VI, VII by vessels flying the flag of Ireland
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1)
Council Regulation (EU) No 43/2014 (2) lays down quotas for 2014.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.
(3)
It is therefore necessary to prohibit fishing activities for that stock,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2014 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 2014.
For the Commission,
On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
ANNEX
No
30/TQ43
Member State
Ireland
Stock
BLI/5B67-
Species
Blue ling (Molva dypterygia)
Zone
Union and international waters of Vb, VI, VII
Closing date
28.8.2014 |
21.11.2014
EN
Official Journal of the European Union
L 334/39
COMMISSION IMPLEMENTING REGULATION (EU) No 1243/2014
of 20 November 2014
laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (1), and in particular Article 107(3) thereof,
Whereas:
(1)
Regulation (EU) No 1303/2013 of the European Parliament and of the Council (2) lays down common provisions on the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund (EMFF). That Regulation requires the Member States' managing authorities to establish a system to record and store, in computerised form, data on each operation necessary for monitoring, evaluation, financial management, verification and audit, including data on individual operations.
(2)
Annex III to Commission Delegated Regulation (EU) No 480/2014 (3) lists the data to be recorded and stored in computerised form for each operation within the monitoring system established by each Member State.
(3)
Additional rules on data recording and transmission are needed for the functioning of the common monitoring and evaluation system provided for by Article 107 of Regulation (EU) No 508/2014. In accordance with Article 107(3) of Regulation (EU) No 508/2014, those rules should specify the information to be sent by Member States, whilst seeking the greatest synergies with other potential data sources such as the list of data to be recorded and stored as required by Regulation (EU) No 1303/2013.
(4)
In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime and Fisheries Fund,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes the rules on the information to be sent to the Commission by the Member States in order to permit the monitoring and evaluation of the operations financed under the European Maritime and Fisheries Fund (‘EMFF’) under shared management.
Article 2
List of data and database structure
1. Each Member State shall record in its database as referred to in Article 125(2) of Regulation (EU) No 1303/2013 and provide to the Commission a list of data containing the information referred to in Article 107(3) of Regulation (EU) No 508/2014 and complying with the structure set out in Annex I to this Regulation.
2. The list of data shall be recorded and provided to the Commission for each operation selected for funding under the operational programme supported by the EMFF.
Article 3
Entering information in the database
The data referred to in Article 2 shall be entered in the database at the following two stages:
(a)
at the time of approval of an operation;
(b)
once an operation has been completed.
Article 4
Operation implementation data
The information referred to in Part D of Annex I (Operation implementation data) shall be based on the fields outlined in Annex II.
Article 5
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 149, 20.5.2014, p. 1.
(2) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
(3) Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).
ANNEX I
DATABASE STRUCTURE
PART A
Administrative information:
Field
Content of field
Description
Data needs and synergies
CCI
Common Code of Identification of the operational programme
Data field 19 of Annex III to Commission Delegated Regulation (EU) No 480/2014 (1)
Unique Identifier of the Operation (ID)
Required for all operations supported by the Fund
Data field 5 of Annex III to Commission Delegated Regulation (EU) No 480/2014
Name of the operation
If available and if field 2 is a number
Data field 5 of Annex III to Commission Delegated Regulation (EU) No 480/2014
Vessel number ‘Community Fleet Register number’ (CFR (2))
Where relevant
EMFF Specific
NUTS code (3)
Put most relevant NUTS level (default = level III)
EMFF Specific
Beneficiary
Beneficiary name (only legal entities and natural persons in accordance with national law)
Data field 1 of Annex III to Commission Delegated Regulation (EU) No 480/2014
Gender of beneficiary
Where relevant (possible value: 1: male, 2: female, 3: other)
EMFF Specific
Size of enterprise
Where relevant (4) (possible values: 1: micro, 2: small, 3: medium, 4: large)
EMFF Specific
State of progress of the operation
1 digit:
code 0
=
operation covered by a decision granting aid but for which no expenditure has yet been certified to the Commission
code 1
=
operation interrupted following partial implementation (for which some expenditure has been certified to the Commission)
code 2
=
operation abandoned following partial implementation (for which some expenditure has been certified to the Commission)
code 3
=
operation completed (for which all expenditures have been certified to the Commission)
EMFF Specific
PART B
Expenditure forecast (In the currency applicable to the operation)
Field
Content of field
Description
Data needs and synergies
Total eligible cost
Amount of the total eligible cost of the operation approved in the document setting out the conditions for support.
Data field 41 of Annex III to Commission Delegated Regulation (EU) No 480/2014
Total eligible public cost
Amount of the total eligible costs constituting public expenditure as defined in Article 2(15) of Regulation (EU) No 1303/2013.
Data field 42 of Annex III to Commission Delegated Regulation (EU) No 480/2014
EMFF support
Amount of public support, as set out in the document setting out the conditions for support.
EMFF specific
Date of approval
Date of the document setting out the conditions for support
Data field 12 of Annex III to Commission Delegated Regulation (EU) No 480/2014
PART C
Financial implementation of the operation (in EUR)
Field
Content of field
Description
Data needs and synergies
Total eligible expenditure
Eligible expenditure declared to the Commission established on the basis of costs actually incurred and paid, together with in-kind contributions and depreciations, where applicable.
Data field 53 of Annex III to Commission Delegated Regulation (EU) No 480/2014
Total eligible public expenditure
Public expenditure, as defined in Article 2(15) of Regulation (EU) No 1303/2013, corresponding to the eligible expenditure declared to the Commission established on the basis of costs actually reimbursed and paid, together with in-kind contributions and depreciations, where applicable.
Data field 54 of Annex III to Commission Delegated Regulation (EU) No 480/2014
EMFF eligible expenditure
EMFF expenditure corresponding to the eligible expenditure declared to the Commission
EMFF specific
Date of final payment to beneficiary
Data field 45 of Annex III to Commission Delegated Regulation (EU) No 480/2014 (only date of final payment to beneficiary)
PART D
Operation implementation data
Field
Content of field
Comment
Data needs and synergies
Measure concerned
Code of the measure (see Annex II)
EMFF specific
Output indicator
Numerical value
EMFF specific
Operation implementation data
See Annex II
EMFF specific
Value of the implementation data
Numerical value
EMFF specific
PART E
Result indicators
Field
Content of field
Comment
Data needs and synergies
Result indicator(s) related to the operation
Code number of the result indicator (5)
EMFF specific
Indicative result expected by the beneficiary
Numerical value
EMFF specific
Value of result indicator when validated after implementation
Numerical value
EMFF specific
(1) Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).
(2) Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).
(3) Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
(4) In accordance with Article 2(28) of Regulation (EU) No 1303/2013 of 17 December 2013 (OJ L 347, 20.12.2013, p. 320) for SMEs.
(5) Established in accordance with Article 107(1) of Regulation (EU) No 508/2014.
ANNEX II
OPERATION IMPLEMENTATION DATA
Code of the measure
Measures in Regulation (EU) No 508/2014
Operation implementation data
Chapter I: Sustainable development in fisheries
I.1
Article 26 and Article 44(3)
Innovation
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of innovation: Products and equipment; process and techniques; management and organisation system
—
Number of people benefiting from the operation directly in companies supported
I.2
Article 27 and Article 44(3)
Advisory services
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of advisory service: feasibility studies and advisory services; professional advice; business strategies
I.3
Article 28 and Article 44(3)
Partnerships between scientists and fishermen
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of activities: networks; partnership agreement or association; data collection and management; studies; pilot projects; dissemination; seminars; best practices
—
Number of scientists involved in partnership
—
Number of fishermen involved in partnership
—
Number of other bodies involved in the operation
I.4
Article 29(1) and (2) and Article 44(1)(a)
Promotion of human capital, job creation and social dialogue — training, networking, social dialogue, support to spouse and partners
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of activities: training and learning; networking; social dialogue
—
Number of spouses and partners benefiting from the operation
—
Number of people or organisations benefiting from the operation (participants in training, members of networks, organisations involved in social dialogue actions)
I.5
Article 29(3) and Article 44(1)(a)
Promotion of human capital, job creation and social dialogue — trainees on board of SSCF
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of activities: training and learning
—
Number of trainees benefiting from the operation
I.6
Article 30 and Article 44(4)
Diversification and new forms of income
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of diversification: investments on board; angling tourism; restaurants; environmental services; educational activities
—
Number of fishermen concerned
I.7
Article 31 and Article 44(2)
Start-up support for young fishermen
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Age of the young fishermen benefiting from the operation
I.8
Article 32 and Article 44(1)(b)
Health and safety
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of equipment concerned: investment on board; individual equipment
—
Number of fishermen concerned by the operation
I.9
Article 33
Temporary cessation of fishing activities
—
Number of fishermen concerned
—
Number of days covered
I.10
Article 34
Permanent cessation of fishing activities
—
Number of fishermen concerned
I.11
Article 35
Mutual Fund for adverse climatic events and environmental incidents — Creation of the Fund
—
Name of mutual fund
I.12
Article 35
Mutual Fund for adverse climatic events and environmental incidents — Compensations paid
—
Compensation paid for: adverse climatic events; environmental incidents; rescue costs
—
Number of vessels concerned
—
Number of crew members concerned
I.13
Article 36
Support for the systems of allocation of fishing opportunities
—
Type of activity: design; development; monitoring; evaluation; management
—
Type of beneficiary: public authority; legal or natural person; organisation of fishermen; producers organisations; other
I.14
Article 37
Support for the design and implementation of conservation measures and regional cooperation
—
Type of activity: design; development and monitoring; stakeholder participation; direct restocking
—
Number of stocks concerned if relevant
—
Total area concerned by project (in km2)
I.15
Article 38 and Article 44(1)(c)
Limitation of the impact of fishing on the marine environment and adaptation of fishing to the protection of species
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of investment: selectivity of gear; reduce discards or deal with unwanted catches; eliminating impacts on ecosystem and sea bed; protecting gears and catches from mammals and birds; fish aggregating device in outermost regions
—
Number of fishermen benefiting from the operation
I.16
Article 39 and Article 44(1)(c)
Innovation linked to conservation of marine biological resources
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of operation: developing new technical or organisational knowledge reducing impacts; introducing new technical or organisational knowledge reducing impacts; developing new technical or organisational knowledge achieving sustainable use; introducing new technical or organisational knowledge achieving sustainable use
—
Number of fishermen benefiting from the operation
I.17
Article 40(1)(a)
Protection and restoration of marine biodiversity — collection of waste
—
Number of fishermen benefiting from the operation
I.18
Article 40(1)(b) to (g) and (i) and Article 44(6)
Protection and restoration of marine biodiversity — contribution to a better management or conservation, construction, installation or modernisation of static or movable facilities, preparation of protection and management plans related to NATURA 2000 sites and spatial protected areas, management, restoration and monitoring marine protected areas, including NATURA 2000 sites, environmental awareness, participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of operation: investment in facilities; management of resources; management plans for NATURA 2000 and SPA; management of NATURA 2000; management of MPAs; increasing awareness; other actions enhancing biodiversity
—
Total area concerned by Natura 2000 (in km2)
—
Total area concerned by MPA (in km2)
—
Number of fishermen concerned
I.19
Article 40(1)(h)
Protection and restoration of marine biodiversity — schemes for the compensation of damage to catches caused by mammals and birds
—
Number of fishermen benefiting from the operation
I.20
Article 41(1)(a),(b) and (c) and 44(1)(d)
Energy efficiency and mitigation climate change — On board investments, energy efficiency and audit schemes, studies
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of operation: equipment on board; fishing gear; energy efficiency; studies
—
Number of fishermen benefiting from the operation
—
% decrease in fuel consumption
—
% decrease in CO2 emissions if relevant
I.21
Article 41(2) and Article 44(1)(d)
Energy efficiency and mitigation climate change — Engine replacement or modernisation
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of operation: replacement; modernisation
—
kW before intervention (certified or physically inspected)
—
kW after intervention (certified or physically inspected)
—
Number of fishermen benefiting from the operation
—
% decrease in fuel consumption
—
% decrease in CO2 emissions if relevant
1.22
Article 42 and Article 44(1)(e)
Added value, product quality and use of unwanted catches
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Type of operation: investments that add value to products; investments on board that improve the quality of the fishery products
—
Number of fishermen benefiting from the operation
1.23
Article 43(1) and (3) and Article 44(1)(f)
Fishing ports, landing sites, auction halls and shelters — investments improving fishing port and auctions halls infrastructure or landing sites and shelters; investments to improve the safety of fishermen
—
Indication as to whether the operation relates to sea or inland fishing or both
—
Category of investment: Fishing ports; landing sites; auction halls; shelters
—
Type of investment: quality; control and traceability; energy efficiency; environmental protection; safety & working conditions
—
Number of fishermen benefiting from the operation
—
Number of other port users or other workers benefiting from the operation
I.24
Article 43(2)
Fishing ports, landing sites, auction halls and shelters — investments to facilitate compliance with the obligation to land all catches
—
Category of investment: Fishing ports; landing sites; auction halls; shelters
—
Number of fishermen benefiting from the operation
Chapter II: Sustainable development of aquaculture
II.1
Article 47
Innovation
—
Type of innovation: knowledge development; introduction of new species; feasibility studies
—
Type of research body involved: private, public
—
Number of employees benefiting from the operation directly in the enterprises supported
II.2
Article 48(1)(a) to (d) and (f) to (h)
Productive investments in aquaculture-
—
Type of investment: productive; diversification; modernisation; animal health; quality of products; restoration; complementary activities
—
Number of employees benefiting from the operation
II.3
Article 48(1)(e), (i) and (j)
Productive investments in aquaculture — resource efficiency, reducing usage of water and chemicals, recirculation systems minimising water use
—
Type of investment: environmental and resources; water usage and quality; closed systems
II.4
Article 48(1)(k)
Productive investments in aquaculture — increasing energy efficiency, renewable energy
—
Type of investment: energy efficiency; renewable energy
II.5
Article 49
Management, relief and advisory services for aquaculture farms
—
Type of operation: setting-up management; relief and advisory services; purchase of farm advisory services
—
Type of advisory service if relevant: compliance with environmental legislation; environmental impact assessment; compliance with animal welfare, health & safety, and public health legislations; marketing & business strategies
—
Number of employees benefiting from the operation
II.6
Article 50
Promotion of human capital and networking
—
Type of activity: professional training; lifelong learning; dissemination; new professional skills; improvement of working conditions and promotion of occupational safety; networking and exchange of experience.
—
Number of employees benefiting from the operation
—
Number of spouses and life-partners benefiting from the operation
II.7
Article 51
Increasing the potential of aquaculture sites
—
Type of operation: identification of areas; improvement of support facilities and infrastructures; preventing serious damage; actions following the detection of mortality or diseases.
—
Number of employees benefiting from the operation
II.8
Article 52
Encouraging new sustainable aquaculture farmers practising sustainable aquaculture
—
Total area concerned (in km2)
—
Number of employees benefiting from the operation
II.9
Article 53
Conversion to eco-management and audit schemes and organic aquaculture
—
Type of operation: conversion to organic aquaculture; participation in EMAS
—
Number of employees benefiting from the operation
—
Total area concerned (in km2)
II.10
Article 54
Aquaculture providing environmental services
—
Type of operation: aquaculture in Natura 2000; ex-situ conservation and reproduction; aquaculture operations including conservation and improvement of environment and biodiversity.
—
Number of employees benefiting from the operation
—
Total area concerned by Natura 2000 (in km2)
—
Total area concerned outside Natura 2000 (in km2)
II.11
Article 55
Public health measures
—
Number of employees benefiting from the operation
II.12
Article 56
Animal health and welfare measures
—
Type of operation: control and eradication of diseases; best practices and codes of conduct; reduction of dependence on veterinary medicines; veterinary or pharmaceutical studies and good practices; health protection groups; compensation to mollusc farmers.
—
Number of employees benefiting from the operation
II.13
Article 57
Aquaculture stock insurance
—
Number of employees benefiting from the operation
Chapter III: Sustainable development of fisheries and aquaculture areas
III.1
Article 62(1)(a)
Support from the EMFF for community-led local development — preparatory support
—
Type of beneficiary: public body; NGO; other collective body; private individual
III.2
Article 63
Implementation of local development strategies — selection of FLAGs (1)
—
Total population covered by FLAG (in units)
—
Number of public partners in FLAG
—
Number of private partners in FLAG
—
Number of civil society partners in FLAG
—
Number of FTE employed by FLAG for administration
—
Number of FTE employed by FLAG for animation
III.3
Article 63
Implementation of local development strategies — projects supported by FLAGs (including running costs and animation)
—
Type of operation: adding value; diversification; environment; socio-cultural; governance; running costs and animation
III.4
Article 64
Cooperation activities
—
Type of operation: preparatory support; projects within the same MS; projects with other MS; projects with partners outside the EU
—
No of partners if relevant
Chapter IV: Marketing and processing related measures
IV.1
Article 66
Production and marketing plans
—
Number of members of Producers Organisations involved
IV.2
Article 67
Storage aid
—
Number of Producers Organisations members benefiting from the operation
IV.3
Article 68
Marketing measures
—
Type of operation: create Producers Organisations, association or inter-branch organisations; find new markets and improve marketing conditions; promoting quality and value-added; transparency of production; traceability and eco-labels; standard contracts; communication and promotional campaigns.
—
For projects aiming at finding new markets and improving marketing conditions: species with marketing potential; unwanted catches; products with low impact or organic products.
—
For projects aiming at promoting quality and value-added: quality schemes; certification and promotion sustainable products; direct marketing; packaging.
—
Number of firms benefiting from the operation
—
Number of Producers Organisations members benefiting from the operation
IV.4
Article 69
Processing of fishery and aquaculture products
—
Type of investment: energy saving or reducing impact on the environment; improve safety, hygiene, health, working conditions; processing catches not for human consumption; processing by-products; processing of organic aquaculture products; new or improved products, processes or management system.
—
Number of firms supported
—
Number of employees benefiting from the operation
Chapter V: Compensation for additional costs in outermost regions for fishery and aquaculture products
V.1
Article 70
Compensation regime
—
Additional costs compensated
—
Number of firms benefiting from the operation
—
Number of employees benefiting from the operation
Chapter VI: Accompanying measures for the common fisheries policy under shared management
VI.1
Article 76
Control and enforcement
—
type of operation: purchase, installation and development of technology; development, purchase and installation of the components to ensure data transmission; development, purchase and installation of the components necessary to ensure traceability; implementation of programmes for exchanging and analysing data; modernisation and purchase of patrol vessels, aircrafts and helicopters; purchase of other control means; development of innovative control and monitoring systems and pilot projects; training and exchange programmes; cost/benefit analyses and assessments of audits; seminars and media tools; operational costs; implementation of an action plan
—
Type of beneficiary: private, public, mixed
—
Number of fishing vessels concerned if relevant
VI.2
Article 77
Data collection
—
Type of beneficiary: private, public, mixed
Chapter VII: Technical Assistance at the initiative of the Member State
VII.1
Article 78
Technical Assistance at the initiative of the Member State
—
Type of operation: implementation of the operational programme; IT systems; improving administrative capacity; communication activities; evaluation; studies; control and audit, network of FLAGs; other
Chapter VIII: Fostering the implementation of the Integrated Maritime Policy
VIII.1
Article 80(1)(a)
Integrating Maritime Surveillance
—
Type of operation: contributing to IMS; contributing to CISE
—
Type of beneficiary: private, public, mixed
VIII.2
Article 80(1)(b)
Protection of marine environment, and the sustainable use of marine and coastal resources
—
Type of operation: MPA; NATURA 2000
—
Surface of MPA covered (km2)
—
Surface of NATURA 2000 covered (km2)
—
Type of beneficiary: private, public, mixed
VIII.3
Article 80(1)(c)
Improving the knowledge on the state of the marine environment
—
Type of operation: establishment of monitoring programme; establishment of measures for MSFD
—
Type of beneficiary: private, public, mixed
(1) Information to be provided only when the FLAG is selected. |
12.7.2014
EN
Official Journal of the European Union
L 205/22
COUNCIL DECISION 2014/455/CFSP
of 11 July 2014
amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) thereof,
Whereas:
(1)
On 17 March 2014, the Council adopted Decision 2014/145/CFSP.
(2)
In view of the gravity of the situation in Ukraine, the Council considers that additional persons should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.
(3)
The Annex to Decision 2014/145/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 11 July 2014.
For the Council
The President
S. GOZI
(1) OJ L 78, 17.3.2014, p. 16.
ANNEX
LIST OF PERSONS REFERRED TO IN ARTICLE 1
Name
Identifying information
Reasons
Date of listing
1.
Aleksandr Yurevich BORODAI (Александр Юрьевич Бородай)
DOB: 25.7.1972 in Moscow
So called ‘Prime Minister of People's Republic of Donetsk’.
Responsible for the separatist ‘governmental’ activities of the so called ‘government of the Donetsk People' s Republic’ (e.g. on 8 July stated ‘our military is conducting a special operation against the Ukrainian “fascists”’), Signatory of the Memorandum of Understanding on ‘Novorossiya union’
12.7.2014
2.
Alexander KHODAKOVSKY (Александр Сергеевич Ходаковский)
So called ‘Minister of Security of People's Republic of Donetsk’.
Responsible for the separatist security activities of the so called ‘government of the Donetsk People' s Republic’
12.7.2014
3.
Alexandr Aleksandrovich KALYUSSKY, (Александр Александрович Калюсский)
So called ‘de facto Deputy Prime Minister for Social Affairs of DPR’.
Responsible for the separatist ‘governmental’ activities of the so called ‘government of the Donetsk People' s Republic’
12.7.2014
4.
Alexander KHRYAKOV
So called ‘Information and Mass Communications Minister of DPR’.
Responsible for the pro-separatist propaganda activities of the so called ‘government of the Donetsk People' s Republic’
12.7.2014
5.
Marat BASHIROV
So called ‘Prime Minister of the Council of Ministers of the People' s Republic of Luhansk, confirmed on 8 Jul’.
Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’
12.7.2014
6.
Vasyl NIKITIN
So called ‘Vice Prime Minister of the Council of Ministers of the People' s Republic of Luhansk’, (used to be the so called ‘Prime Minister of the People' s Republic of Luhansk’, and former spokesman of the ‘Army of the Southeast’).
Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’
Responsible for the statement of the Army of the Southeast that the Ukrainian presidential elections in the ‘People's Republic of Luhansk’ cannot take place due to the ‘new’ status of the region.
12.7.2014
7.
Aleksey KARYAKIN (Алексей Карякин)
So called ‘Supreme Council Chair of the People' s Republic of Luhansk’.
Responsible for the separatist ‘governmental’ activities of the ‘Supreme Council’, responsible for asking the Russian Federation to recognize the independence of ‘People' s Republic of Luhansk’
Signatory of the Memorandum of Understanding on the ‘Novorossiya union’
12.7.2014
8.
Yurij IVAKIN (Юрий Ивакин)
So called ‘Minister of Internal Affairs of the People' s Republic of Luhansk’.
Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’
12.7.2014
9.
Igor PLOTNITSKY
So called ‘Defence Minister of the People' s Republic of Luhansk’.
Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’
12.7.2014
10.
Nikolay KOZITSYN
June 20, 1956 in Donetsk region
Commander of Cossack forces.
Responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces
12.7.2014
11.
Oleksiy MOZGOVY (Олексій Мозговий)
One of the leaders of armed groups in Eastern Ukraine.
Responsible for training separatists to fight against the Ukrainian government forces
12.7.2014 |
18.3.2014
EN
Official Journal of the European Union
L 79/35
COUNCIL REGULATION (EU) No 271/2014
of 17 March 2014
amending Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,
Whereas:
(1)
Council Regulation (EC) No 1183/2005 (2) gives effect to measures provided for in Decision 2010/788/CFSP. Annex I to Regulation (EC) No 1183/2005 lists the natural and legal persons, entities and bodies covered by the freezing of funds and economic resources under that Regulation.
(2)
United Nations Security Council Resolution (UNSCR) 2136 (2014) of 30 January 2014 amended the criteria for the designation of persons and entities to be subject to the restrictive measures set out in paragraphs 9 and 11 of UNSCR 1807 (2008) of 31 March 2008.
(3)
That measure falls within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to give effect to it, in particular with a view to ensuring its uniform application by economic operators in all Member States.
(4)
Regulation (EC) No 1183/2005 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 2a of Regulation (EC) No 1183/2005, paragraph 1 is replaced by the following:
"1. Annex I shall include the natural or legal persons, entities or bodies designated by the Sanctions Committee or the United Nations Security Council as:
(a)
persons or entities acting in violation of the arms embargo and related measures as referred to in Article 1 of Council Decision 2010/788/CFSP (3) and in Article 2 of Council Regulation (EC) No 889/2005 (4);
(b)
political and military leaders of foreign armed groups operating in the Democratic Republic of the Congo (DRC) who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups;
(c)
political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes;
(d)
persons or entities operating in the DRC and recruiting or using children in armed conflict in violation of applicable international law;
(e)
persons or entities operating in the DRC and involved in planning, directing or participating in the targeting of children or women in situations of armed conflict, including killing and maiming, rape and other sexual violence, abduction, forced displacement and attacks on schools and hospitals;
(f)
persons or entities obstructing the access to or the distribution of humanitarian assistance in the DRC;
(g)
persons or entities supporting armed groups in the DRC through illicit trade of natural resources, including gold or wildlife as well as wildlife products;
(h)
persons or entities acting on behalf of or at the direction of a designated person or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated person or entity;
(i)
persons or entities who plan, direct, sponsor or participate in attacks against peacekeepers of the United Nations Organisation Stabilisation Mission in the DRC (MONUSCO);
(j)
persons or entities providing financial, material, or technological support for, or goods or services to, or in support of a designated person or entity.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 2014.
For the Council
The President
C. ASHTON
(1) OJ L 336, 21.12.2010, p. 30.
(2) Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ L 193, 23.7.2005, p. 1).
(3) Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ L 336, 21.12.2010, p. 30).
(4) Council Regulation (EC) No 889/2005 of 13 June 2005 imposing certain restrictive measures in respect of the Democratic Republic of Congo and repealing Regulation (EC) No 1727/2003 (OJ L 152, 15.6.2005, p. 1).". |
6.9.2014
EN
Official Journal of the European Union
L 267/2
COMMISSION IMPLEMENTING REGULATION (EU) No 953/2014
of 5 September 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 September 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
MK
59,1
ZZ
59,1
0707 00 05
TR
124,2
ZZ
124,2
0709 93 10
TR
123,8
ZZ
123,8
0805 50 10
AR
173,1
BR
100,4
CL
209,3
IL
182,0
TR
227,6
UY
152,4
ZA
161,3
ZZ
172,3
0806 10 10
BR
163,5
TR
120,4
ZZ
142,0
0808 10 80
BR
63,0
CL
100,4
CN
120,7
NZ
122,1
US
129,1
ZA
130,0
ZZ
110,9
0808 30 90
CN
92,5
TR
123,8
XS
48,0
ZA
100,9
ZZ
91,3
0809 30
TR
135,5
ZZ
135,5
0809 40 05
BA
34,7
MK
41,9
ZZ
38,3
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
24.6.2014
EN
Official Journal of the European Union
L 183/21
COMMISSION IMPLEMENTING REGULATION (EU) No 695/2014
of 23 June 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
MK
75,1
TR
61,5
ZZ
68,3
0707 00 05
MK
50,7
TR
85,3
ZZ
68,0
0709 93 10
TR
109,5
ZZ
109,5
0805 50 10
AR
109,3
BO
119,0
TR
141,7
ZA
123,1
ZZ
123,3
0808 10 80
AR
103,0
BR
76,7
CL
99,2
CN
130,3
NZ
130,7
US
223,4
ZA
120,8
ZZ
126,3
0809 10 00
TR
249,2
ZZ
249,2
0809 29 00
TR
310,3
ZZ
310,3
0809 30
MK
87,8
ZZ
87,8
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
27.5.2014
EN
Official Journal of the European Union
L 158/113
REGULATION (EU) No 538/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
amending Regulation (EU) No 691/2011 on European environmental economic accounts
(Text with EEA relevance)
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 338(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1)
Decision No 1386/2013/EU of the European Parliament and of the Council (2) provides that the pace of current developments and uncertainties surrounding likely future trends require further steps to ensure that policy in the Union continues to draw on a sound understanding of the state of the environment, of possible response options and their consequences. Instruments should be developed with a view to ensuring the preparation of quality-assured data and indicators and to improving its accessibility. It is important that such data be made available in a comprehensible and accessible form.
(2)
Under Article 10 of Regulation (EU) No 691/2011 of the European Parliament and of the Council (3) the Commission is invited to report to the European Parliament and the Council on the implementation of the Regulation and, if appropriate, to propose the introduction of new environmental economic accounts modules, such as Environmental Protection Expenditure and Revenues (EPER)/Environmental Protection Expenditure Accounts (EPEA), Environmental Goods and Services Sector (EGSS) and Energy Accounts.
(3)
The new modules contribute directly to the Union's policy priorities of green growth and resource efficiency by providing important information on indicators such as market output and employment in the EGSS, national environmental protection expenditure and the use of energy in a NACE breakdown.
(4)
The United Nations Statistical Commission adopted the System of Environmental-Economic Accounting (SEEA) Central Framework as an international statistical standard at its 43rd session in February 2012. The new modules being introduced by this Regulation are fully in line with the SEEA.
(5)
The European Statistical System Committee has been consulted.
(6)
In order to take into account technical and scientific progress and supplement the provisions on energy accounts, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the specification of the list of energy products referred to in Section 3 of Annex VI as contained in the Annex to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(7)
In order to facilitate a uniform application of Annex V as contained in the Annex to this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). The examination procedure should be used for the adoption of those implementing acts.
(8)
Regulation (EU) No 691/2011 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 691/2011 is amended as follows:
(1)
in Article 2, the following points are added:
‘(4)
“environmental protection expenditure” means the economic resources devoted by resident units to environmental protection. Environmental protection includes all activities and actions which have as their main purpose the prevention, reduction and elimination of pollution and of any other degradation of the environment. Those activities and actions include all measures taken in order to restore the environment after it has been degraded. Activities which, while beneficial to the environment, primarily satisfy the technical needs or the internal requirements for hygiene or safety and security of an enterprise or other institution are excluded from this definition;
(5)
“environmental goods and services sector” means the production activities of a national economy that generate environmental products (environmental goods and services). Environmental products are products that have been produced for the purpose of environmental protection, as referred to in point (4), and resource management. Resource management includes the preservation, maintenance and enhancement of the stock of natural resources and therefore the safeguarding of those resources against depletion;
(6)
“physical energy flow accounts” means consistent compilations of the physical energy flows into national economies, the flows circulating within the economy and the outputs to other economies or to the environment.’;
(2)
Article 3 is amended as follows:
(a)
in paragraph 1, the following points are added:
‘(d)
a module for environmental protection expenditure accounts, as set out in Annex IV;
(e)
a module for environmental goods and services sector accounts, as set out in Annex V;
(f)
a module for physical energy flow accounts, as set out in Annex VI.’;
(b)
the following paragraphs are added:
‘4. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 in order to specify the energy products referred to in Section 3 of Annex VI, based on the lists set out in the Annexes to Regulation (EC) No 1099/2008 of the European Parliament and of the Council (5).
Such delegated acts shall not impose a significant additional burden on the Member States or on the respondents. When establishing and subsequently updating the lists referred to in the first subparagraph, the Commission shall duly justify the actions, using, where appropriate, input from relevant experts on a cost-effectiveness analysis, including an assessment of the burden on respondents and of the production costs.
5. In order to facilitate a uniform application of Annex V, the Commission shall, by 31 December 2015, by means of implementing acts, establish an indicative compendium of environmental goods and services and of the economic activities to be covered by Annex V based on the following categories: environmental specific services, environmental sole purpose products (connected products), adapted goods and environmental technologies. The Commission shall update the compendium where necessary.
The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 11(2);
(5) Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).’."
(3)
Article 8(2) is replaced by the following:
‘2. For the purposes of obtaining a derogation under paragraph 1 for Annexes I, II and III, the Member State concerned shall present a duly justified request to the Commission by 12 November 2011. For the purposes of obtaining a derogation under paragraph 1 for Annexes IV, V and VI, the Member State concerned shall present a duly justified request to the Commission by 17 September 2014.’;
(4)
Article 9 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. The power to adopt delegated acts referred to in Article 3(3) and (4) shall be conferred on the Commission for a period of five years from 11 August 2011. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;
(b)
paragraph 3 is replaced by the following:
‘3. The delegation of power referred to in Article 3(3) and (4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’;
(c)
paragraph 5 is replaced by the following:
‘5. A delegated act adopted pursuant to Article 3(3) and (4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’;
(5)
Annexes IV, V and VI, as set out in the Annex to this Regulation, are added to Regulation (EU) No 691/2011.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 16 April 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) Position of the European Parliament of 2 April 2014 (not yet published in the Official Journal) and decision of the Council of 14 April 2014.
(2) Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354, 28.12.2013, p. 171).
(3) Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (OJ L 192, 22.7.2011, p. 1).
(4) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
ANNEX
‘ANNEX IV
MODULE FOR ENVIRONMENTAL PROTECTION EXPENDITURE ACCOUNTS
Section 1
OBJECTIVES
Environmental protection expenditure accounts present data, in a way that is compatible with the data reported under ESA, on the expenditure for environmental protection, i.e. the economic resources devoted by resident units to environmental protection. Such accounts allow for the compiling of national expenditure for environmental protection which is defined as the sum of uses of environmental protection services by resident units, gross fixed capital formation (GFCF) for environmental protection activities, and transfers for environmental protection which are not a counterpart of previous items, less financing by the rest of the world.
The environmental protection expenditure accounts should make use of the already existing information from the national accounts (production and generation of income accounts; GFCF by NACE, supply and use tables; data based on the classification of functions of government), structural business statistics, business register and other sources.
This Annex defines the data to be collected, compiled, transmitted and evaluated for the purposes of environmental protection expenditure accounts by the Member States.
Section 2
COVERAGE
Environmental protection expenditure accounts have the same system boundaries as ESA and show environmental protection expenditure for principal, secondary and ancillary activities. The following sectors are covered:
—
general government (including non-profit institutions serving households) and corporations as institutional sectors producing environmental protection services. Specialist producers produce environmental protection services as their principal activity,
—
households, general government and corporations as consumers of environmental protection services,
—
the rest of the world as beneficiary, or origin, of transfers for environmental protection.
Section 3
LIST OF CHARACTERISTICS
Member States shall produce environmental protection expenditure accounts according to the following characteristics which are defined in accordance with ESA:
—
output of environmental protection services. Market output, non-market output and output of ancillary activities are distinguished,
—
intermediate consumption of environmental protection services by specialist producers,
—
imports and exports of environmental protection services,
—
valued added tax (VAT) and other taxes less subsidies on products on environmental protection services,
—
gross fixed capital formation and acquisitions less disposals of non-financial non-produced assets for the production of environmental protection services,
—
final consumption of environmental protection services,
—
environmental protection transfers (received/paid).
All data shall be reported in million national currency.
Section 4
FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES
1.
Statistics shall be compiled and transmitted on a yearly basis.
2.
Statistics shall be transmitted within 24 months of the end of the reference year.
3.
In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-28 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.
4.
The first reference year is 2015.
5.
In the first transmission of data, Member States shall include annual data from 2014 to the first reference year.
6.
In each subsequent data transmission to the Commission, Member States shall provide annual data for the years n – 2, n – 1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2014.
Section 5
REPORTING TABLES
1.
For the characteristics referred to in Section 3, data shall be reported in a breakdown by:
—
type of producers/consumers of environmental protection services as defined in Section 2,
—
classes of the classification of environmental protection activities (CEPA) grouped as follows:
For general government activities and for environmental protection transfers:
—
CEPA 2
—
CEPA 3
—
Sum of CEPA 1, CEPA 4, CEPA 5 and CEPA 7
—
CEPA 6
—
Sum of CEPA 8 and CEPA 9
For ancillary activities of corporations:
—
CEPA 1
—
CEPA 2
—
CEPA 3
—
Sum of CEPA 4, CEPA 5, CEPA 6, CEPA 7, CEPA 8 and CEPA 9
For corporations as secondary and specialist producers:
—
CEPA 2
—
CEPA 3
—
CEPA 4
For households as consumers:
—
CEPA 2
—
CEPA 3
—
The following NACE codes for the ancillary production of environmental protection services: NACE Rev. 2 B, C, D, Division 36. Data for section C shall be presented by divisions. Divisions 10-12, 13-15 and 31-32 shall be grouped together. Member States which, under Regulation (EC) No 295/2008 of the European Parliament and of the Council (1) (as regards the definitions of characteristics, the technical format for the transmission of data, the double reporting requirements for NACE Rev. 1.1 and NACE Rev. 2 and derogations to be granted for structural business statistics), are not obliged to collect environmental protection expenditure data for one or more of these NACE codes, do not need to provide data for these NACE codes.
2.
The CEPA classes referred to in point 1 are as follows:
CEPA 1 —
Protection of ambient air and climate
CEPA 2 —
Wastewater management
CEPA 3 —
Waste management
CEPA 4 —
Protection and remediation of soil, groundwater and surface water
CEPA 5 —
Noise and vibration abatement
CEPA 6 —
Protection of biodiversity and landscapes
CEPA 7 —
Protection against radiation
CEPA 8 —
Environmental research and development
CEPA 9 —
Other environmental protection activities.
Section 6
MAXIMUM DURATION OF THE TRANSITIONAL PERIODS
For the implementation of the provisions of this Annex, the maximum duration of the transitional period is 2 years from the first transmission deadline.
ANNEX V
MODULE FOR ENVIRONMENTAL GOODS AND SERVICES SECTOR ACCOUNTS
Section 1
OBJECTIVES
Statistics on environmental goods and services record and present data on national economy production activities that generate environmental products in a way that is compatible with the data reported under ESA.
The environmental goods and services sector accounts should make use of the already existing information from the national accounts, structural business statistics, business register and other sources.
This Annex defines the data to be collected, compiled, transmitted and evaluated for environmental goods and services accounts, by the Member States.
Section 2
COVERAGE
The environmental goods and services sector has the same system boundaries as ESA and consists of all environmental goods and services that are created within the production boundary. ESA defines production as the activity carried out under the control and responsibility of an institutional unit that uses inputs of labour, capital and goods and services to produce goods and services.
Environmental goods and services fall within the following categories: environmental specific services, environmental sole purpose products (connected products), adapted goods and environmental technologies.
Section 3
LIST OF CHARACTERISTICS
Member States shall produce statistics on the environmental goods and services sector according to the following characteristics:
—
market output, of which:
—
exports,
—
value added of market activities,
—
employment of market activities.
All data shall be reported in million national currency, except for the characteristic “employment” for which the reporting unit shall be “full time equivalent”.
Section 4
FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES
1.
Statistics shall be compiled and transmitted on a yearly basis.
2.
Statistics shall be transmitted within 24 months of the end of the reference year.
3.
In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-28 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.
4.
The first reference year is 2015.
5.
In the first transmission of data, Member States shall include annual data from 2014 to the first reference year.
6.
In each subsequent data transmission to the Commission, Member States shall provide annual data for the years n – 2, n – 1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2014.
Section 5
REPORTING TABLES
1.
For the characteristics referred to in Section 3, data shall be reported cross-classified by:
—
classification of economic activities, NACE Rev. 2 (A*21 aggregation level as set out in ESA),
—
CEPA classes and the classification of resource management activities (CReMA) grouped as follows:
—
CEPA 1
—
CEPA 2
—
CEPA 3
—
CEPA 4
—
CEPA 5
—
CEPA 6
—
Sum of CEPA 7, CEPA 8 and CEPA 9
—
CReMA 10
—
CReMA 11
—
CReMA 13
—
CReMA 13A
—
CReMA 13B
—
CReMA 13C
—
CReMA 14
—
Sum of CReMA 12, CReMA 15 and CReMA 16
2.
The CEPA classes referred to in point 1 are as set out in Annex IV. The CReMA classes referred to in point 1 are as follows:
CReMA 10 —
Management of water
CReMA 11 —
Management of forest resources
CReMA 12 —
Management of wild flora and fauna
CReMA 13 —
Management of energy resources:
—
CReMA 13A —
Production of energy from renewable resources
—
CReMA 13B —
Heat/energy saving and management
—
CReMA 13C —
Minimisation of the use of fossil energy as raw materials
CReMA 14 —
Management of minerals
CReMA 15 —
Research and development activities for resource management
CReMA 16 —
Other resource management activities
Section 6
MAXIMUM DURATION OF THE TRANSITIONAL PERIODS
For the implementation of the provisions of this Annex, the maximum duration of the transitional period is 2 years from the first transmission deadline.
ANNEX VI
MODULE FOR PHYSICAL ENERGY FLOW ACCOUNTS
Section 1
OBJECTIVES
Physical energy flow accounts present data on the physical flows of energy expressed in terajoules in a way that is fully compatible with the ESA. Physical energy flow accounts record energy data in relation to the economic activities of resident units of national economies in a breakdown by economic activity. They present the supply and use of natural energy inputs, energy products and energy residuals. Economic activities comprise production, consumption, and accumulation.
This Annex defines the data to be collected, compiled, transmitted and evaluated for physical energy flow accounts by the Member States.
Section 2
COVERAGE
Physical energy flow accounts have the same system boundaries as ESA and are also based on the residence principle.
In accordance with ESA, a unit is said to be a resident unit of a country when it has a centre of economic interest in the economic territory of that country, that is, when it engages for an extended period (1 year or more) in economic activities in that territory.
Physical energy flow accounts record physical energy flows arising from the activities of all resident units, regardless of where these flows actually occur geographically.
Physical energy flow accounts record the physical flows of energy from the environment to the economy, within the economy, and from the economy back to the environment.
Section 3
LIST OF CHARACTERISTICS
Member States shall produce physical energy flow accounts according to the following characteristics:
—
the physical energy flows grouped into three generic categories:
(i)
natural energy inputs,
(ii)
energy products,
(iii)
energy residuals,
—
the origin of the physical energy flows, grouped into five categories: production, consumption, accumulation, rest of the world and environment,
—
the destination of the physical flows, grouped into the same five categories as the origin of the physical energy flows.
All data shall be reported in terajoules.
Section 4
FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES
1.
Statistics shall be compiled and transmitted on a yearly basis.
2.
Statistics shall be transmitted within 21 months of the end of the reference year.
3.
In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-28 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.
4.
The first reference year is 2015.
5.
In the first transmission of data, Member States shall include annual data from 2014 to the first reference year.
6.
In each subsequent data transmission to the Commission, Member States shall provide annual data for the years n – 2, n – 1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2014.
Section 5
REPORTING TABLES
1.
For the characteristics referred to in Section 3, the following data shall be reported in physical units:
—
Supply table for energy flows. This table records the supply of natural energy inputs, energy products, and energy residuals (row-wise) by origin, i.e. “supplier” (column-wise).
—
Use table for energy flows. This table records the use of natural energy inputs, energy products, and energy residuals (row-wise) by destination, i.e. “user” (column-wise).
—
Table of emission-relevant use of energy flows. This table records the emission-relevant use of natural energy inputs and energy products (row-wise) by the using and emitting unit (column-wise).
—
Bridge table showing the various elements which make up the difference between the energy accounts and the energy balances.
2.
The supply and use tables of energy flows (including emission-relevant flows) have a common layout in terms of rows and columns.
3.
The columns denote the origins (supply) or destinations (use) of the physical flows. The columns are grouped into five categories:
—
“Production” relates to the production of goods and services. Production activities are classified according to NACE Rev. 2 and data is reported in A*64 aggregation level.
—
“Consumption” activities are presented in total and also divided into three sub-classes (transport, heating/cooling, other) for private households' final consumption.
—
“Accumulation” refers to the changes in stocks of energy products within the economy.
—
“Rest of the world” records the flows of imported and exported products.
—
“Environment” records the origin of natural input flows and the destination of residual flows.
4.
The rows describe the type of physical flows classified in the first indent of Section 3.
5.
The classification of natural energy inputs, energy products, and energy residuals is as follows:
—
natural energy inputs are grouped into non-renewable natural energy inputs and renewable natural energy inputs,
—
energy products are grouped according to the classification used in European energy statistics,
—
energy residuals include waste (without monetary value); losses during extraction/abstraction, distribution/transport, transformation/conversion and storage; as well as balancing items to balance the supply and use tables.
6.
The “bridge” from the residence principle indicator to the territory-based indicator is presented for the entire national economy (no breakdown by industries) and is obtained as follows:
total energy use by resident units:
–
energy use by resident units abroad
+
energy use by non-residents on the territory
+
statistical differences
=
gross inland energy consumption (territory-based)
Section 6
MAXIMUM DURATION OF THE TRANSITIONAL PERIODS
For the implementation of the provisions of this Annex, the maximum duration of the transitional period is 2 years from the first transmission deadline.’
(1) Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (OJ L 97, 9.4.2008, p. 13). |
27.11.2014
EN
Official Journal of the European Union
L 341/1
COMMISSION IMPLEMENTING REGULATION (EU) No 1262/2014
of 18 November 2014
entering a name in the register of protected designations of origin and protected geographical indications (Pecorino Crotonese (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1)
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Pecorino Crotonese’ was published in the Official Journal of the European Union (2).
(2)
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Pecorino Crotonese’ should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Pecorino Crotonese’ (PDO) is hereby registered.
The name specified in the first paragraph denotes a product in Class 1.3 Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 November 2014.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 205, 2.7.2014, p. 22.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36). |
25.11.2014
EN
Official Journal of the European Union
L 337/46
COMMISSION DELEGATED REGULATION (EU) No 1255/2014
of 17 July 2014
supplementing Regulation (EU) No 223/2014 of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived by laying down the content of the annual and final implementation reports, including the list of common indicators
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the Fund for European Aid to the Most Deprived (1) and in particular Article 13(6) thereof,
Whereas:
(1)
Regulation (EU) No 223/2014 requires the Commission to adopt delegated acts supplementing non-essential elements with regard to the Fund for European Aid to the Most Deprived (FEAD)
(2)
Regulation (EU) No 223/2014 requires the Member States to submit to the Commission annual and final reports containing information regarding the implementation of operational programmes (OPs), including the data relating to the common and, where applicable, specific programme indicators.
(3)
In order to ensure an appropriate monitoring of the implementation of the OPs and their contribution to the FEAD specific objectives, provisions should be established regarding the content of the annual and final implementation reports, as well as the list of common indicators which need to be reported.
(4)
The requirements set out in this Regulation should be limited to the necessary taking into account of the provisions set out under the Regulation (EU) No 223/2014, as well as applicable Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council (2).
(5)
To take account of the different nature of operations supported by OP I and OP II and in accordance with the different provisions that apply to each OP as set out in the Regulation (EU) No 223/2014, different requirements should apply with regard to the content of the annual and final implementation reports, as well as to the list of common indicators which should be reported for each OP. To take account of the specific need to protect the dignity of the individuals supported by the FEAD and with a view to reducing the administrative burden for beneficiaries to the minimum necessary in accordance with the requirements set out in the Regulation (EU) No 223/2014, the values of certain indicators shall be determined based on the informed estimation of the partner organisations rather than information provided by end-recipients.
In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down the provisions supplementing Regulation (EU) No 223/2014 with regard to the content of the annual and final implementation reports, including the list of common indicators.
Article 2
Content of the annual and final implementation reports and list of indicators
(Article 13(6) of Regulation (EU) No 223/2014)
1. The annual and final implementation reports shall set out the following elements:
(a)
information on implementation of the programme by reference to the common indicators for the partially or fully completed operations;
(b)
information on and assessment of the actions which take into account the principles set out in Articles 5(6), 5(11) and, where appropriate, Article 5(13) of Regulation (EU) No 223/2014.
In addition to the information referred to in the first subparagraph, the annual and final implementation reports on OP II shall provide information on the data regarding to the programme specific indicators and quantified target values, and on the changes in the result indicators, as well as information on and assessessment of the progress towards achieving the specific objectives of the operational programme.
2. The indicators referred to in point (a) of paragraph 1 are listed in the Annex.
3. In addition to the information referred to in paragraph 1, the final implementation report and, in 2017 and 2022, the annual implementation report shall set out information on and assessment of the contribution to achieving the specific and global objectives of the FEAD, specified in Article 3 of Regulation (EU) No 223/2014.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 72, 12.3.2014, p. 1.
(2) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
ANNEX
COMMON INDICATORS FOR OP I AND OP II
Input indicators
(1)
Total amount of eligible public expenditure approved in the documents setting out the conditions for support of operations.
(2)
Total amount of eligible public expenditure incurred by beneficiaries and paid in implementing operations.
Thereof, where relevant:
(a)
total amount of eligible public expenditure incurred by beneficiaries and paid in implementing operations relating to provision of food support;
(b)
total amount of eligible public expenditure incurred by beneficiaries and paid in implementing operations relating to provision of basic material assistance.
(3)
Total amount of eligible public expenditure declared to the Commission.
These data shall be expressed in euro.
COMMON INDICATORS FOR OP I
Output indicators on food support distributed (1)
(4)
Quantity of fruits and vegetables.
(5)
Quantity of meat, eggs, fish, seafood.
(6)
Quantity of flour, bread, potatoes, rice and other starchy products.
(7)
Quantity of sugar.
(8)
Quantity of milk products.
(9)
Quantity of fats, oil.
(10)
Quantity of convenience food, other foodstuff (not falling under the aforementioned categories).
(11)
Total quantity of food support distributed.
Thereof:
(a)
share of food for which only transport, distribution and storage were paid for by the OP (in %);
(b)
proportion of FEAD co-financed food products in the total volume of food distributed by the partner organisations (in %) (2).
(12)
Total number of meals distributed partly or totally financed by the OP (3).
(13)
Total number of food packages distributed partly or totally financed by the OP (4).
Result indicators on food support distributed (5)
(14)
Total number of persons receiving food support. Thereof:
(a)
number of children aged 15 years or below;
(b)
number of persons aged 65 years or above;
(c)
number of women;
(d)
number of migrants, participants with a foreign background, minorities (including marginalised communities such as the Roma);
(e)
number of persons with disabilities;
(f)
number of homeless.
Output indicators on basic material assistance distributed
(15)
Total monetary value of goods distributed.
Thereof:
(a)
total monetary value of goods for children;
(b)
total monetary value of goods for the homeless;
(c)
total monetary value of goods for other target groups.
(16)
List of most relevant categories of goods distributed to children (6):
(a)
layette;
(b)
school bags;
(c)
stationery, exercise books, pens, painting equipment and other equipment required in school (non-clothes);
(d)
sports equipment (sport shoes, leotard, swimsuit, etc.);
(e)
clothes (winter coat, footwear, school uniform, etc.);
(f)
other category — to be specified
(17)
List of most relevant categories of goods distributed to the homeless (6):
(a)
sleeping bags/blankets;
(b)
kitchen equipment (pots, pans, cutlery, etc.);
(c)
clothes (winter coat, footwear, etc.);
(d)
household linen (towels, bedclothes);
(e)
hygiene articles (first aid kit, soap, toothbrush, disposable razor, etc.);
(f)
other category —to be specified.
(18)
List of most relevant categories of goods distributed to other target groups (6):
(a)
categories to be specified.
Result indicators on basic material assistance distributed (5)
(19)
Total number of persons receiving basic material assistance. Thereof:
(a)
number of children aged 15 years or below;
(b)
number of persons aged 65 years or above;
(c)
number of women;
(d)
number of migrants, participants with a foreign background, minorities including marginalised communities such as the Roma;
(e)
number of persons with disabilities;
(f)
number of homeless.
COMMON INDICATORS FOR OP II
Output indicators on social inclusion assistance
(20)
Total number of persons receiving social inclusion assistance. Thereof:
(a)
number of children aged 15 years or below;
(b)
number of persons aged 65 years or above;
(c)
number of women;
(d)
number of migrants, participants with a foreign background, minorities (including marginalised communities such as the Roma);
(e)
number of persons with disabilities;
(f)
number of homeless.
These data for OP II are personal data according to Article 7 of Directive 95/46/EC. Their processing is necessary for compliance with the legal obligation to which the controller is subject (Article 7(c) of Directive 95/46/EC). For the definition of controller, see Article 2 of Directive 95/46/EC.
(1) The indicators (4) to (11) include any form of these products, e.g. fresh, canned and frozen foodstuff and should be expressed in tons.
(2) Values for this indicator shall be established by an informed estimation of the partner organisations.
(3) The definition of what is to be understood as a meal can be provided at the level of the partner organisation/operation/managing authority. Values for this indicator shall be established by an assessment by the partner organisations.
(4) The definition of what is to be understood as a food package can be provided at the level of the partner organisation/operation/managing authority. Packages do not need to be standardised in size or content. Values for this indicator shall be established by an assessment by the partner organisations.
(5) Values for these indicators shall be determined based on the informed estimation of the partner organisations. It is neither expected nor required that they are based on information provided by end-recipients.
(6) The list shall include all relevant categories covering at least 75 % of the goods distributed. |
19.6.2014
EN
Official Journal of the European Union
L 179/4
COUNCIL IMPLEMENTING REGULATION (EU) No 663/2014
of 5 June 2014
replacing Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (1), and in particular Article 45 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
Annexes A, B and C to Regulation (EC) No 1346/2000 list the designations given in the national legislation of the Member States to the proceedings and liquidators to which that Regulation applies. Annex A lists the insolvency proceedings referred to in Article 2(a) of that Regulation. Annex B lists the winding-up proceedings referred to in Article 2(c) of that Regulation and Annex C lists the liquidators referred to in Article 2(b) of that Regulation.
(2)
On 5 February 2013, Lithuania notified the Commission, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A and C to that Regulation.
(3)
On 11 March 2013, Ireland notified the Commission, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A and C to that Regulation.
(4)
On 25 March 2013, Greece notified the Commission, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A, B and C to that Regulation.
(5)
On 25 March 2013, Luxembourg notified the Commission, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A, B and C to that Regulation.
(6)
On 26 April 2013, Poland notified the Commission, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A and B to that Regulation.
(7)
On 22 May 2013, Portugal notified the Commission, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A, B and C to that Regulation.
(8)
On 5 February 2014, Italy notified the Council, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A, B and C to that Regulation. That notification was subsequently amended on 10 April 2014.
(9)
On 12 February 2014, Cyprus notified the Council, pursuant to Article 45 of Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A, B and C to that Regulation. That notification was subsequently amended on 10 April 2014.
(10)
The United Kingdom and Ireland are bound by Regulation (EC) No 1346/2000 and, by virtue of Article 45 of that Regulation, are therefore taking part in the adoption and application of this Regulation.
(11)
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 Regulation and is not bound by it or subject to its application.
(12)
Annexes A, B and C to Regulation (EC) No 1346/2000 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes A, B and C to Regulation (EC) No 1346/2000 are replaced by the texts set out in Annexes I, II and III, respectively, to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Luxembourg, 5 June 2014.
For the Council
The President
N. DENDIAS
(1) OJ L 160, 30.6.2000, p. 1.
ANNEX I
‘ANNEX A
Insolvency proceedings referred to in Article 2(a)
BELGIQUE/BELGIË
—
Het faillissement/La faillite,
—
De gerechtelijke reorganisatie door een collectief akkoord/La réorganisation judiciaire par accord collectif,
—
De gerechtelijke reorganisatie door overdracht onder gerechtelijk gezag/La réorganisation judiciaire par transfert sous autorité de justice,
—
De collectieve schuldenregeling/Le règlement collectif de dettes,
—
De vrijwillige vereffening/La liquidation volontaire,
—
De gerechtelijke vereffening/La liquidation judiciaire,
—
De voorlopige ontneming van beheer, bepaald in artikel 8 van de faillissementswet/Le dessaisissement provisoire, visé à l'article 8 de la loi sur les faillites,
БЪЛГАРИЯ
—
Производство по несъстоятелност,
ČESKÁ REPUBLIKA
—
Konkurs,
—
Reorganizace,
—
Oddlužení,
DEUTSCHLAND
—
Das Konkursverfahren,
—
Das gerichtliche Vergleichsverfahren,
—
Das Gesamtvollstreckungsverfahren,
—
Das Insolvenzverfahren,
EESTI
—
Pankrotimenetlus,
ÉIRE/IRELAND
—
Compulsory winding-up by the court,
—
Bankruptcy,
—
The administration in bankruptcy of the estate of persons dying insolvent,
—
Winding-up in bankruptcy of partnerships,
—
Creditors' voluntary winding-up (with confirmation of a court),
—
Arrangements under the control of the court which involve the vesting of all or part of the property of the debtor in the Official Assignee for realisation and distribution,
—
Company examinership,
—
Debt Relief Notice,
—
Debt Settlement Arrangement,
—
Personal Insolvency Arrangement,
ΕΛΛΑΔΑ
—
Η πτώχευση,
—
Η ειδική εκκαθάριση εν λειτουργία,
—
Σχέδιο αναδιοργάνωσης,
—
Απλοποιημένη διαδικασία επί πτωχεύσεων μικρού αντικειμένου,
ESPAÑA
—
Concurso,
FRANCE
—
Sauvegarde,
—
Redressement judiciaire,
—
Liquidation judiciaire,
HRVATSKA
—
Stečajni postupak,
ITALIA
—
Fallimento,
—
Concordato preventivo,
—
Liquidazione coatta amministrativa,
—
Amministrazione straordinaria,
ΚΥΠΡΟΣ
—
Υποχρεωτική εκκαθάριση από το Δικαστήριο,
—
Εκούσια εκκαθάριση από μέλη,
—
Εκούσια εκκαθάριση από πιστωτές,
—
Εκκαθάριση με την εποπτεία του Δικαστηρίου,
—
Διάταγμα Παραλαβής και πτώχευσης κατόπιν Δικαστικού Διατάγματος,
—
Διαχείριση της περιουσίας προσώπων που απεβίωσαν αφερέγγυα,
LATVIJA
—
Tiesiskās aizsardzības process,
—
Juridiskās personas maksātnespējas process,
—
Fiziskās personas maksātnespējas process,
LIETUVA
—
Įmonės restruktūrizavimo byla,
—
Įmonės bankroto byla,
—
Įmonės bankroto procesas ne teismo tvarka,
—
Fizinio asmens bankroto byla,
LUXEMBOURG
—
Faillite,
—
Gestion contrôlée,
—
Concordat préventif de faillite (par abandon d'actif),
—
Régime spécial de liquidation du notariat,
—
Procédure de règlement collectif des dettes dans le cadre du surendettement,
MAGYARORSZÁG
—
Csődeljárás,
—
Felszámolási eljárás,
MALTA
—
Xoljiment,
—
Amministrazzjoni,
—
Stralċ volontarju mill-membri jew mill-kredituri,
—
Stralċ mill-Qorti,
—
Falliment f'każ ta' negozjant,
NEDERLAND
—
Het faillissement,
—
De surséance van betaling,
—
De schuldsaneringsregeling natuurlijke personen,
ÖSTERREICH
—
Das Konkursverfahren (Insolvenzverfahren),
—
Das Sanierungsverfahren ohne Eigenverwaltung (Insolvenzverfahren),
—
Das Sanierungsverfahren mit Eigenverwaltung (Insolvenzverfahren),
—
Das Schuldenregulierungsverfahren,
—
Das Abschöpfungsverfahren,
—
Das Ausgleichsverfahren,
POLSKA
—
Postępowanie naprawcze,
—
Upadłość obejmująca likwidację,
—
Upadłość z możliwością zawarcia układu,
PORTUGAL
—
Processo de insolvência,
—
Processo especial de revitalização,
ROMÂNIA
—
Procedura insolvenței,
—
Reorganizarea judiciară,
—
Procedura falimentului,
SLOVENIJA
—
Stečajni postopek,
—
Skrajšani stečajni postopek,
—
Postopek prisilne poravnave,
—
Prisilna poravnava v stečaju,
SLOVENSKO
—
Konkurzné konanie,
—
Reštrukturalizačné konanie,
SUOMI/FINLAND
—
Konkurssi/konkurs,
—
Yrityssaneeraus/företagssanering,
SVERIGE
—
Konkurs,
—
Företagsrekonstruktion,
UNITED KINGDOM
—
Winding-up by or subject to the supervision of the court,
—
Creditors' voluntary winding-up (with confirmation by the court),
—
Administration, including appointments made by filing prescribed documents with the court,
—
Voluntary arrangements under insolvency legislation,
—
Bankruptcy or sequestration.’
ANNEX II
‘ANNEX B
Winding-up proceedings referred to in Article 2(c)
BELGIQUE/BELGIË
—
Het faillissement/La faillite,
—
De vrijwillige vereffening/La liquidation volontaire,
—
De gerechtelijke vereffening/La liquidation judiciaire,
—
De gerechtelijke reorganisatie door overdracht onder gerechtelijk gezag/La réorganisation judiciaire par transfert sous autorité de justice,
БЪЛГАРИЯ
—
Производство по несъстоятелност,
ČESKÁ REPUBLIKA
—
Konkurs,
DEUTSCHLAND
—
Das Konkursverfahren,
—
Das Gesamtvollstreckungsverfahren,
—
Das Insolvenzverfahren,
EESTI
—
Pankrotimenetlus,
ÉIRE/IRELAND
—
Compulsory winding-up,
—
Bankruptcy,
—
The administration in bankruptcy of the estate of persons dying insolvent,
—
Winding-up in bankruptcy of partnerships,
—
Creditors' voluntary winding-up (with confirmation of a court),
—
Arrangements under the control of the court which involve the vesting of all or part of the property of the debtor in the Official Assignee for realisation and distribution,
ΕΛΛΑΔΑ
—
Η πτώχευση,
—
Η ειδική εκκαθάριση,
—
Απλοποιημένη διαδικασία επί πτωχεύσεων μικρού αντικειμένου,
ESPAÑA
—
Concurso,
FRANCE
—
Liquidation judiciaire,
HRVATSKA
—
Stečajni postupak,
ITALIA
—
Fallimento,
—
Concordato preventivo,
—
Liquidazione coatta amministrativa,
—
Amministrazione straordinaria,
ΚΥΠΡΟΣ
—
Υποχρεωτική εκκαθάριση από το Δικαστήριο,
—
Εκκαθάριση με την εποπτεία του Δικαστηρίου,
—
Εκούσια εκκαθάριση από πιστωτές, με επιβεβαίωση του Δικαστηρίου,
—
Πτώχευση,
—
Διαχείριση της περιουσίας προσώπων που απεβίωσαν αφερέγγυα,
LATVIJA
—
Juridiskās personas maksātnespējas process,
—
Fiziskās personas maksātnespējas process,
LIETUVA
—
Įmonės bankroto byla,
—
Įmonės bankroto procesas ne teismo tvarka,
LUXEMBOURG
—
Faillite,
—
Régime spécial de liquidation du notariat,
—
Liquidation judiciaire dans le cadre du surendettement,
MAGYARORSZÁG
—
Felszámolási eljárás,
MALTA
—
Stralċ volontarju,
—
Stralċ mill-Qorti,
—
Falliment inkluż il-ħruġ ta' mandat ta' qbid mill-Kuratur f'każ ta' negozjant fallut,
NEDERLAND
—
Het faillissement,
—
De schuldsaneringsregeling natuurlijke personen,
ÖSTERREICH
—
Das Konkursverfahren (Insolvenzverfahren),
POLSKA
—
Upadłość obejmująca likwidację,
PORTUGAL
—
Processo de insolvência,
ROMÂNIA
—
Procedura falimentului,
SLOVENIJA
—
Stečajni postopek,
—
Skrajšani stečajni postopek,
SLOVENSKO
—
Konkurzné konanie,
SUOMI/FINLAND
—
Konkurssi/konkurs,
SVERIGE
—
Konkurs,
UNITED KINGDOM
—
Winding-up by or subject to the supervision of the court,
—
Winding-up through administration, including appointments made by filing prescribed documents with the court,
—
Creditors' voluntary winding-up (with confirmation by the court),
—
Bankruptcy or sequestration.’
ANNEX III
‘ANNEX C
Liquidators referred to in Article 2(b)
BELGIQUE/BELGIË
—
De curator/Le curateur,
—
De gedelegeerd rechter/Le juge-délégué,
—
De gerechtsmandataris/Le mandataire de justice,
—
De schuldbemiddelaar/Le médiateur de dettes,
—
De vereffenaar/Le liquidateur,
—
De voorlopige bewindvoerder/L'administrateur provisoire,
БЪЛГАРИЯ
—
Назначен предварително временен синдик,
—
Временен синдик,
—
(Постоянен) синдик,
—
Служебен синдик,
ČESKÁ REPUBLIKA
—
Insolvenční správce,
—
Předběžný insolvenční správce,
—
Oddělený insolvenční správce,
—
Zvláštní insolvenční správce,
—
Zástupce insolvenčního správce,
DEUTSCHLAND
—
Konkursverwalter,
—
Vergleichsverwalter,
—
Sachwalter (nach der Vergleichsordnung),
—
Verwalter,
—
Insolvenzverwalter,
—
Sachwalter (nach der Insolvenzordnung),
—
Treuhänder,
—
Vorläufiger Insolvenzverwalter,
EESTI
—
Pankrotihaldur,
—
Ajutine pankrotihaldur,
—
Usaldusisik,
ÉIRE/IRELAND
—
Liquidator,
—
Official Assignee,
—
Trustee in bankruptcy,
—
Provisional Liquidator,
—
Examiner,
—
Personal Insolvency Practitioner,
—
Insolvency Service,
ΕΛΛΑΔΑ
—
Ο σύνδικος,
—
Ο εισηγητής,
—
Η επιτροπή των πιστωτών,
—
Ο ειδικός εκκαθαριστής,
ESPAÑA
—
Administradores concursales,
FRANCE
—
Mandataire judiciaire,
—
Liquidateur,
—
Administrateur judiciaire,
—
Commissaire à l'exécution du plan,
HRVATSKA
—
Stečajni upravitelj,
—
Privremeni stečajni upravitelj,
—
Stečajni povjerenik,
—
Povjerenik,
ITALIA
—
Curatore,
—
Commissario giudiziale,
—
Commissario straordinario,
—
Commissario liquidatore,
—
Liquidatore giudiziale,
ΚΥΠΡΟΣ
—
Εκκαθαριστής και Προσωρινός Εκκαθαριστής,
—
Επίσημος Παραλήπτης,
—
Διαχειριστής της Πτώχευσης,
LATVIJA
—
Maksātnespējas procesa administrators,
LIETUVA
—
Bankroto administratorius,
—
Restruktūrizavimo administratorius,
LUXEMBOURG
—
Le curateur,
—
Le commissaire,
—
Le liquidateur,
—
Le conseil de gérance de la section d'assainissement du notariat,
—
Le liquidateur dans le cadre du surendettement,
MAGYARORSZÁG
—
Vagyonfelügyelő,
—
Felszámoló,
MALTA
—
Amministratur Proviżorju,
—
Riċevitur Uffiċjali,
—
Stralċjarju,
—
Manager Speċjali,
—
Kuraturi f'każ ta' proċeduri ta' falliment,
NEDERLAND
—
De curator in het faillissement,
—
De bewindvoerder in de surséance van betaling,
—
De bewindvoerder in de schuldsaneringsregeling natuurlijke personen,
ÖSTERREICH
—
Masseverwalter,
—
Sanierungsverwalter,
—
Ausgleichsverwalter,
—
Besonderer Verwalter,
—
Einstweiliger Verwalter,
—
Sachwalter,
—
Treuhänder,
—
Insolvenzgericht,
—
Konkursgericht,
POLSKA
—
Syndyk,
—
Nadzorca sądowy,
—
Zarządca,
PORTUGAL
—
Administrador de insolvência,
—
Administrador judicial provisório,
ROMÂNIA
—
Practician în insolvență,
—
Administrator judiciar,
—
Lichidator,
SLOVENIJA
—
Upravitelj prisilne poravnave,
—
Stečajni upravitelj,
—
Sodišče, pristojno za postopek prisilne poravnave,
—
Sodišče, pristojno za stečajni postopek,
SLOVENSKO
—
Predbežný správca,
—
Správca,
SUOMI/FINLAND
—
Pesänhoitaja/boförvaltare,
—
Selvittäjä/utredare,
SVERIGE
—
Förvaltare,
—
Rekonstruktör,
UNITED KINGDOM
—
Liquidator,
—
Supervisor of a voluntary arrangement,
—
Administrator,
—
Official Receiver,
—
Trustee,
—
Provisional Liquidator,
—
Judicial factor.’ |
9.12.2014
EN
Official Journal of the European Union
L 351/3
COMMISSION REGULATION (EU) No 1307/2014
of 8 December 2014
on defining the criteria and geographic ranges of highly biodiverse grassland for the purposes of Article 7b(3)(c) of Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels and Article 17(3)(c) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (1), as amended by Directive 2009/30/EC (2), and in particular the second subparagraph of Article 7b(3)(c) thereof,
Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (3), and in particular the second subparagraph of Article 17(3)(c) thereof,
Whereas:
(1)
Directives 98/70/EC and 2009/28/EC lay down that biofuels and bioliquids may only be counted towards the established targets and economic operators may only benefit from public support if they comply with the sustainability criteria laid down in those Directives. As part of this scheme, biofuels and bioliquids can only be counted towards the targets or benefit from public support in case they are not made from raw material obtained from land that in or after January 2008 was highly biodiverse grassland, unless in the case of non-natural highly biodiverse grasslands evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status.
(2)
Article 17(3)(c) last subparagraph of Directive 2009/28/EC and Article 7b(3)(c) last subparagraph of Directive 98/70/EC request the Commission to establish the criteria and geographic ranges to determine which grassland qualifies as highly biodiverse grassland under Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC.
(3)
Highly biodiverse grasslands differ among climatic zones and may include, inter alia, heaths, pastures, meadows, savannahs, steppes, scrublands, tundra and prairies. These areas develop distinct characteristics for instance with regard to the degree of tree cover and the intensity of grazing and mowing. For the purposes of Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC, it is therefore appropriate to use a broad definition of grassland.
(4)
Directives 98/70/EC and 2009/28/EC distinguish between natural and non-natural highly biodiverse grassland and provide definitions for both of these. It is therefore appropriate to include operational criteria in these definitions. It is appropriate, for the purpose of this Regulation, to consider degraded grassland as being impoverished in terms of biodiversity.
(5)
Compliance with Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC is verified in accordance with Article 7c(1) and (3) of Directive 98/70/EC and Article 18(1) and (3) of Directive 2009/28/EC.
(6)
Comprehensive information on geographic ranges of highly biodiverse grasslands is not available at international level. Therefore, this Regulation provides geographic ranges only for those highly biodiverse grasslands for which information is already available.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Sustainability of Biofuels and Bioliquids established by Article 25(2) of Directive 2009/28/EC,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC the following criteria and definitions shall apply:
(1)
‘grassland’ means terrestrial ecosystems dominated by herbaceous or shrub vegetation for at least 5 years continuously. It includes meadows or pasture that is cropped for hay but excludes land cultivated for other crop production and cropland lying temporarily fallow. It further excludes continuously forested areas as defined in Article 17(4)(b) of Directive 2009/28/EC unless these are agroforestry systems which include land-use systems where trees are managed together with crops or animal production systems in agricultural settings. The dominance of herbaceous or shrub vegetation means that their combined ground cover is larger than the canopy cover of trees;
(2)
‘human intervention’ means managed grazing, mowing, cutting, harvesting or burning;
(3)
‘natural highly biodiverse grassland’ means grassland that:
(a)
would remain grassland in the absence of human intervention; and
(b)
maintains the natural species composition and ecological characteristics and processes;
(4)
‘non-natural highly biodiverse grassland’ means grassland that:
(a)
would cease to be grassland in the absence of human intervention; and
(b)
is not degraded, that is to say it is not characterised by long-term loss of biodiversity due to for instance overgrazing, mechanical damage to the vegetation, soil erosion or loss of soil quality; and
(c)
is species-rich, that is to say it is:
(i)
a habitat of significant importance to critically endangered, endangered or vulnerable species as classified by the International Union for the Conservation of Nature Red List of Threatened Species or other lists with a similar purpose for species or habitats laid down in national legislation or recognised by a competent national authority in the country of origin of the raw material; or
(ii)
a habitat of significant importance to endemic or restricted-range species; or
(iii)
a habitat of significant importance to intra-species genetic diversity; or
(iv)
a habitat of significant importance to globally significant concentrations of migratory species or congregatory species; or
(v)
a regionally or nationally significant or highly threatened or unique ecosystem.
Article 2
Without prejudice to Article 3, grasslands in the following geographic ranges of the European Union shall always be regarded as highly biodiverse grassland:
(1)
habitats as listed in Annex I to Council Directive 92/43/EEC (4);
(2)
habitats of significant importance for animal and plant species of Union interest listed in Annexes II and IV to Directive 92/43/EEC;
(3)
habitats of significant importance for wild bird species listed in Annex I to Directive 2009/147/EC of the European Parliament and of the Council (5).
Highly biodiverse grassland in the European Union is not limited to the geographic ranges referred to under (1), (2) and (3) of this Article. Other grassland might fulfil the criteria for highly biodiverse grassland set out in Article 1.
Article 3
Where evidence is provided that the harvesting of the raw material is necessary to preserve the grassland status, no further evidence to show compliance with Article 7b(3)(c)(ii) of Directive 98/70/EC and Article 17(3)(c)(ii) of Directive 2009/28/EC has to be provided.
Article 4
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 October 2015.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 8 December 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 350, 28.12.1998, p. 58.
(2) OJ L 140, 5.6.2009, p. 88.
(3) OJ L 140, 5.6.2009, p. 16.
(4) OJ L 206, 22.7.1992, p. 7.
(5) OJ L 20, 26.1.2010, p. 7. |
25.7.2014
EN
Official Journal of the European Union
L 219/33
COMMISSION IMPLEMENTING REGULATION (EU) No 803/2014
of 24 July 2014
amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’),
Having regard to Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (2), and in particular Article 3 thereof,
Whereas:
A. PREVIOUS PROCEDURE
(1)
On 13 May 2013 the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tableware and kitchenware (‘tableware’) originating in the People's Republic of China (‘the PRC’) with Implementing Regulation (EU) No 412/2013.
(2)
In the original investigation a large number of exporting producers from the PRC made themselves known. As a result the Commission selected a sample of Chinese exporting producers to be investigated.
(3)
The Council imposed individual duty rates on imports of tableware ranging from 13,1 % to 23,4 % on the sampled companies, and 17,9 % on other cooperating companies not included in the sample.
(4)
The Council also imposed a duty rate of 36,1 % on imports of tableware from Chinese companies which either did not make themselves known or did not cooperate with the investigation.
(5)
Article 3 of Implementing Regulation (EU) No 412/2013 states that where any new exporting producer of tableware in the PRC provides sufficient evidence to the Commission that:
(1)
it did not export to the Union ceramic tableware and kitchenware during the investigation period from 1 January 2011 to 31 December 2011 (‘the investigation period’);
(2)
it is not related to any of the exporters or producers in the PRC which are subject to the anti-dumping measures imposed by that Regulation; and
(3)
it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;
then Article 1(2) of that Regulation can be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, namely the weighted average duty rate of 17,9 %.
B. REQUESTS FOR NEW EXPORTING PRODUCER TREATMENT
(6)
Four companies came forward after the publication of Implementing Regulation (EU) No 412/2013 claiming that they met all three criteria set out above in recital (5) and providing evidence.
(7)
All four companies are manufacturers and exporters of the product concerned.
(8)
Three of them were in existence during the original investigation but they did not export to the Union during the original investigation period.
(9)
The fourth company did not exist during the original investigation and therefore could not have exported during the investigation period.
(10)
The Commission analysed the evidence submitted by all four companies and it found that each of the four companies meet the three criteria to be considered as New Exporting Producers. Consequently, their names can be added to the cooperating companies not included in the sample as listed in Annex I of Implementing Regulation (EU) No 412/2013.
(11)
The four companies and the Union industry were informed of the findings of this investigation and were given an opportunity to comment. No comments were received.
(12)
This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The following companies shall be added to the list of exporting producers from the People's Republic of China in Annex I of Implementing Regulation (EU) No 412/2013:
Company
TARIC additional code
Liling Taiyu Porcelain Industries Co., Ltd
B956
Liling Xinyi Ceramics Industry Ltd
B957
T&C Shantou Daily Chemical Industry Co., Ltd
B958
Jing He Ceramics Co., Ltd
B959
Article 2
As stipulated in Article 1(3) of Implementing Regulation (EU) No 412/2013, the application of the individual anti-dumping duty rate shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II to that Regulation. If no such invoice is presented, the duty applicable to ‘All other companies’ mentioned in the table of Article 1(2) of that Regulation shall apply.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 343, 22.12.2009, p. 51.
(2) OJ L 131, 15.5.2013, p. 1. |
8.8.2014
EN
Official Journal of the European Union
L 235/1
COMMISSION IMPLEMENTING REGULATION (EU) No 858/2014
of 4 August 2014
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2)
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.
(3)
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.
(4)
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 August 2014.
For the Commission,
On behalf of the President,
Martine REICHERTS
Member of the Commission
(1) OJ L 256, 7.9.1987, p. 1.
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
ANNEX
Description of the goods
Classification
(CN-code)
Reasons
(1)
(2)
(3)
An article (so-called manual knife sharpener) with measurements of approximately 27 × 14 × 19 cm, consisting of a handle and a support containing a two-stage (sharpening and polishing) grinding system with micron size diamond abrasives.
See image (1)
8205 51 00
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8205 and 8205 51 00.
Given its objective characteristics, the article is intended for domestic use for manually sharpening knives and other blades. Even if the article is designed to be put on a flat surface to operate, it can, however, only be fully operational if held by hand. Consequently, classification as hand tools of heading 8205 is justified.
The article is therefore to be classified under CN code 8205 51 00 as household tools.
(1) The image is purely for information. |
4.11.2014
EN
Official Journal of the European Union
L 316/44
COMMISSION REGULATION (EU) No 1176/2014
of 30 October 2014
establishing a prohibition of fishing for skates and rays in Union waters of VIId by vessels flying the flag of the United Kingdom
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1)
Council Regulation (EU) No 43/2014 (2) lays down quotas for 2014.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.
(3)
It is therefore necessary to prohibit fishing activities for that stock,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2014 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 2014.
For the Commission,
On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
ANNEX
No
63/TQ43
Member State
United Kingdom
Stock
SRX/07D.
Species
Skates and rays (Rajiformes)
Zone
Union waters of VIId
Closing date
3.10.2014 |
1.2.2014
EN
Official Journal of the European Union
L 32/3
COMMISSION IMPLEMENTING REGULATION (EU) No 88/2014
of 31 January 2014
specifying a procedure for the amendment of Annex I to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 28(5) thereof,
Whereas:
(1)
Categories 1, 2, 3, 4 and 5 of Annex I to Regulation (EU) No 528/2012 are well defined so as to allow certain presumptions as regards the properties of the substances falling therein. The inclusion in category 6 of that Annex requires the submission of a data package allowing a full risk assessment for the intended use. The procedure for amending one of those categories upon request in order to include therein active substances, or modifying the restrictions therein, should be transparent and equal for all applicants. It is therefore appropriate to further specify it.
(2)
The data required for inclusion of an active substance in Annex I to Regulation (EU) No 528/2012 should be sufficient to evidence that the substance does not give rise to concern within the meaning of Article 28(2) of Regulation (EU) No 528/2012.
(3)
In order to be consistent, the procedure for submission and validation of an application for inclusion of an active substance in Annex I to Regulation (EU) No 528/2012 should be identical to that for submission and validation of an application for approval of an active substance. However, where the former may require less data to be submitted, the evaluation procedure should be adapted accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products referred to in Article 82(1) of Regulation (EU) No 528/2012,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down the procedures to be followed for the purpose of amending, at the request of an applicant, Annex I to Regulation (EU) No 528/2012 in order to:
(a)
include active substances in category 1, 2, 3, 4, 5 or 6 of that Annex in accordance with Article 28(1) of that Regulation; or
(b)
make amendments of the relevant restrictions in those categories.
Article 2
Data requirements for an application
An application for an inclusion or an amendment referred to in Article 1 shall include the information specified in the Annex to this Regulation.
Article 3
Submission and validation of applications
1. The procedure laid down in Article 7(1) and (2), the third subparagraph of Article 7(3), and Article 7(6) of Regulation (EU) No 528/2012 shall apply for the submission of applications for inclusions or amendments referred to in Article 1 of this Regulation.
2. Where the application concerns category 6 of Annex I to Regulation (EU) No 528/2012, the first and second subparagraphs of Article 7(3) and Article 7(4) and (5) of that Regulation shall apply for the validation of the application.
Article 4
Evaluation of applications
1. The evaluating competent authority shall evaluate whether there is evidence that the substance does not give rise to concern in accordance with Article 28(2) of Regulation (EU) No 528/2012 and, where relevant, to which restrictions its use should be subject. It shall send an assessment report and the conclusions of its evaluation to the European Chemicals Agency set up under Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) (‘the Agency’). Where the application concerns inclusion in category 1, 2, 3, 4 or 5 of Annex I to Regulation (EU) No 528/2012, the assessment report and the conclusions shall be submitted within 180 days of the payment of the fees referred to in the third subparagraph of Article 7(3) of that Regulation. Where the application concerns inclusion in category 6 of Annex I to Regulation (EU) No 528/2012, the assessment report and the conclusions shall be submitted within 365 days of validation of that application.
Prior to submitting its conclusions to the Agency, the evaluating competent authority shall give the applicant the opportunity to provide written comments on the assessment report and on the conclusions of the evaluation within 30 days. The evaluating competent authority shall take due account of those comments when finalising its evaluation.
2. Where it appears that additional information is necessary to carry out the evaluation, the evaluating competent authority shall request that the applicant submit such information within a specified time limit, and shall inform the Agency accordingly. The periods referred to in paragraph 1 of this Article shall be suspended from the date of issue of that request until the date the information is received. The suspension shall not exceed 180 days in total unless it is justified by the nature of the data requested or by exceptional circumstances.
3. An application concerning inclusion of an active substance in category 1, 2, 3, 4 or 5 of Annex I to Regulation (EU) No 528/2012, which, following a request for additional data pursuant to paragraph 2, complies fully with Article 6 of Regulation (EU) No 528/2012 shall, where the applicant so requests,
(a)
be considered as an application for inclusion in category 6 of Annex I to that Regulation; and
(b)
be subject to validation pursuant to Article 3(2).
4. The Agency shall, having regard to the conclusions of the evaluating competent authority, prepare and submit to the Commission the opinion referred to in Article 28 of Regulation (EU) No 528/2012 within 270 days of receipt of the conclusions of the evaluation in the case of an application for inclusion in category 6 of Annex I to Regulation (EU) No 528/2012, and within 180 days of that receipt in the case of an application for inclusion in category 1, 2, 3, 4 or 5 of Annex I to that Regulation.
Article 5
Agency opinions eligible to form the basis for a Commission decision
Provided that there is evidence that an active substance does not give rise to concern within the meaning of Article 28(1) of Regulation (EU) No 528/2012, the Commission may adopt a decision pursuant to that Article amending Annex I to that Regulation in the sense referred to in Article 1 of this Regulation where the Agency has submitted an opinion pursuant to:
(a)
Article 4(4) of this Regulation;
(b)
Article 8(4) of Regulation (EU) No 528/2012; or
(c)
one of the acts provided for by Article 89(1) of Regulation (EU) No 528/2012.
Article 6
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 January 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 167, 27.6.2012, p. 1.
(2) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
ANNEX
Data requirements for the inclusion of an active substance in Annex I to Regulation (EU) No 528/2012
SECTION A
Data for inclusion in category 1, 2, 3, 4 or 5
1.
An application for inclusion of an active substance in category 1, 2, 3, 4 or 5 of Annex I to Regulation (EU) No 528/2012 shall specify the relevant category, the identity of the substance and the intended uses of the products for which authorisation will be sought, and contain conclusive evidence to demonstrate the following:
(a)
that the substance complies with the description of the relevant category; and
(b)
that there is a robust consensus of expert opinion that the substance does not give rise to concern in accordance with Article 28(2) of that Regulation.
The evidence referred to in point (b) shall include all relevant published literature data regarding the substance in question and all relevant data on the substance generated by the applicant. It may also include read-across from chemical analogues/homologues, (Q)SAR predictions, data from existing studies, in vitro studies, historical human data, or conclusions from other regulatory authorities or frameworks.
2.
By way of derogation from paragraph 1(b), where there is no conclusive evidence of a robust consensus of expert of opinion regarding one or more endpoints, an application shall contain all additional data necessary to show that the substance does not give rise to concern in accordance with Article 28(2) of Regulation (EU) No 528/2012.
SECTION B
Data for inclusion in category 6
An application for inclusion of an active substance in category 6 of Annex I to Regulation (EU) No 528/2012 shall contain the data referred to in Article 6 of that Regulation to allow a state-of-the-art risk assessment. |
25.7.2014
EN
Official Journal of the European Union
L 221/1
COUNCIL IMPLEMENTING REGULATION (EU) No 810/2014
of 25 July 2014
implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) thereof,
Whereas:
(1)
On 17 March 2014, the Council adopted Regulation (EU) No 269/2014.
(2)
In view of the gravity of the situation, the Council considers that additional natural and legal persons should be added to the list of persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014.
(3)
Annex I to Regulation (EU) No 269/2014 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The persons and entities listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation (EU) No 269/2014.
Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2014.
For the Council
The President
S. GOZI
(1) OJ L 78, 17.3.2014, p. 6.
ANNEX
LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1
I. Individuals
Name
Identifying information
Reasons
Date of listing
1.
Mikhail Efimovich FRADKOV
Михаил Ефимович Фрадков
Born on 1.9.1950 in Kurumoch, Kuibyshev region
Permanent member of the Security Council of the Russian Federation; Director of the Foreign Intelligence Service of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
2.
Nikolai Platonovich PATRUSHEV
Николай Платонович Патрушев
Born on 11.7.1951 in Leningrad (St Petersburg)
Permanent member and Secretary of the Security Council of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
3.
Aleksandr Vasilievich BORTNIKOV
Александр Васильевич Бортников
Born on 15.11.1951 in Perm
Permanent member of the Security Council of the Russian Federation; Director of the Federal Security Service (FSB). As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
4.
Rashid Gumarovich NURGALIEV
Рашид Гумарович Нургалиев
Born on 8.10.1956 in Zhetikara, Kazakh Soviet Socialist Republic
Permanent member and Deputy Secretary of the Security Council of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
5.
Boris Vyacheslavovich GRYZLOV
Борис Вячеславович Грызлов
Born on 15.12.1950 in Vladivostok
Permanent member of the Security Council of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
6.
Sergei Orestovoch BESEDA
Сергей Орестович Беседа
Commander of the Fifth Service of the FSB, Federal Security Service of the Russian Federation.
As a senior FSB officer, he heads a service responsible which oversees intelligence operations and international activity.
25.7.2014
7.
Mikhail Vladimirovich DEGTYAREV
Михаил Владимирович Дегтярёв
Born on 10.7.1981 in Kuibyshev (Samara)
Member of the State Duma.
On 23.5.2014 he announced the inauguration of the ‘de facto embassy’ of the unrecognized, so-called, ‘Donetsk People's Republic’ in Moscow, he contributes to undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
8.
Ramzan Akhmadovitch KADYROV
Рамзан Ахматович Кадыров
Born on 5.10.1976 in Tsentaroy.
President of the Republic of Chechnya. Kadyrov made statements in support of the illegal annexation of Crimea and in support of the armed insurgency in Ukraine. He stated inter alia on 14 June 2014 that he ‘will do anything to help revive Crimea’. In that context, he was awarded the medal for ‘the liberation of Crimea’ by the Acting Head of the Autonomous Republic of Crimea for the support he provided to the unlawful annexation of Crimea. In addition, on 1 June 2014 he expressed his readiness to send 74 000 Chechen volonteers to Ukraine if requested to do so.
25.7.2014
9.
Alexander Nikolayevich TKACHYOV
АЛЕКСАНДР НИКОЛАЕВИЧ Ткачёв
Born on 23.12.1960 in Vyselki.
Governor of the Krasnodar Krai.
He was awarded the medal ‘for the liberation of Crimea’ by the Acting head of the Autonomous Republic of Crimea for the support he provided to the unlawful annexation of Crimea. At that occasion, the Acting Head of the Autonomous Republic of Crimea said that Tkachyov was one of the first to express his support to the new ‘leadership’ of Crimea.
25.7.2014
10.
Pavel GUBAREV
Павел Юрьевич Губарев
Born on 10.2.1983 in Sievierodonetsk
One of the self-described leaders of the so-called ‘people' Republic of Donetsk’. He requested Russian intervention in eastern Ukraine, including through the deployment of Russian peacekeeping forces. He is associated with Igor Strelkov/Girkin, who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. Gubarev is responsible for recruiting people for armed forces of separatists.
Responsible for taking over of the regional government building in Donetsk with pro-Russian forces and proclaimed himself the ‘people's governor’.
Despite being arrested for threatening the territorial integrity of Ukraine, and subsequently released, he has continued to play a prominent role in separatist activities, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
11.
Ekaterina GUBAREVA
Екатерина Юрьевна Губарева
Born on 5.7.1983 in Kakhovka
In her capacity of so called ‘Minister of Foreign Affairs’ she is responsible of defending the so called ‘Donetsk People's Republic’, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
In addition, her bank account is used to finance illegal armed separatist groups.
In taking on and acting in this capacity she has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
12.
Fedor BEREZIN
Фёдор Дмитриевич Березин
Born on 7.2.1960 in Donetsk
The so-called ‘deputy defence minister’ of the so-called ‘Donetsk People's Republic’. He is associated with Igor Strelkov/Girkin, the so-called ‘defence minister’ of the so-called ‘Donetsk People's Republic’, who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. In taking on and acting in this capacity Berezin has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
13.
Valery Vladimirovich KAUROV
Валерий Владимирович Кауров
Born on 2.4.1956 in Odessa
The self-described ‘president’ of the so-called ‘Republic of Novorossiya’ who has called on Russia to deploy troops to Ukraine. In taking on and acting in this capacity he has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
14.
Serhii Anatoliyovych ZDRILIUK
Сергей Анатольевич Здрылюкv
Born on 23.6.1972 in Vinnytsia region
Senior aid to Igor Strelkov/Girkin who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. In taking on and acting in this capacity, Zdriliuk has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
15.
Vladimir ANTYUFEYEV
Владимир Антюфеев
(aka Vladimir SHEVTSOV, Vladimir Iurievici ANTIUFEEV, Vladimir Gheorghievici ALEXANDROV, Vadim Gheorghievici SHEVTSOV)
Born on 19.2. 1951 in Novosibirsk
Former ‘Ministry of State Security’ in the separatist region of Transnistria. Since 9 July 2014, he has been the first vice-prime minister of Donetsk People's Republic, responsible for security and law enforcement. In his capacity, he is responsible for the separatist ‘governmental’ activities of the so called ‘government of the Donetsk People's Republic’.
25.7.2014
II. Entities undermining the territorial integrity, sovereignty and independence of Ukraine
Name
Identifying information
Reasons
Date of listing
1.
So called ‘Lugansk People's Republic’
‘Луганская народная республика’
‘Luganskaya narodnaya respublika’
Official website:
http://lugansk-online.info
Phone number
+38-099-160-74-14
The so called ‘Lugansk People's Republic’ was established on 27 April 2014.
Responsible for organising the illegal referendum on May 11 2014. Declaration of independence on May 12 2014.
On 22 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk created the so called ‘Federal State of Novorossiya’.
This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
It is also involved in the recruitment to the separatist ‘Army of Southeast’ and other illegal armed separatist groups, thus undermining the stability or security of Ukraine.
25.7.2014
2.
So called ‘Donetsk People's Republic’
‘Донецкая народная республика’
‘Donétskaya naródnaya respúblika’
Official information, including the Constitution of Donetsk People's Republic and the composition of the Supreme Council
http://dnr-news.com/
Social media:
https://twitter.com/dnrpress
http://vk.com/dnrnews
The so called ‘Donetsk People's Republic’ was declared on 7 April 2014.
Responsible for organizing the illegal referendum on May 11 2014. Declaration of independence on May 12 2014.
On 24 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk signed an agreement on the creation of the so called ‘Federal State of Novorossiya’.
This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
It is also involved in the recruitment to illegal armed separatist groups, thus threatening the stability or security of Ukraine.
25.7.2014
3.
So called ‘Federal State of Novorossiya’
‘Федеративное государство Новороссия’
‘Federativnoye Gosudarstvo Novorossiya’
Official press releases:
http://novorossia.su/official
On 24 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk signed an agreement on the creation of the unrecognized so called ‘Federal State of Novorossiya’.
This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus threatening the territorial integrity, sovereignty and independence of Ukraine.
25.7.2014
4.
International Union of Public Associations ‘Great Don Army’
Международный Союз Общественных Объединений
‘Всевеликое Войско Донское’
Official web site:
http://vvd2003.narod.ru/
Phone number:
+7-8-908-178-65-57
Social media:
Cossack National Guard
http://vk.com/kazak_nac_guard
Address: 346465 Russia Rostov Region. October (C) District. St Zaplavskaya. Str Shosseynaya 1
The ‘Great Don army’ established the ‘Cossack National Guard’, responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus undermining the territorial integrity, sovereignty and independence of Ukraine as well as threatening the stability or security of Ukraine.
Associated with Mr, Nikolay KOZITSYN, who is Commander of Cossack forces and responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces.
25.7.2014
5.
‘Sobol’
‘СОБОЛЬ’
Official web site:
http://soboli.net
Social media:
http://vk.com/sobolipress
Phone number:
(0652) 60-23-93.
Email: [email protected]
Address: Crimea, Simferopol, str. Kiev, 4 (area bus station ‘Central’).
Radical paramilitary organisation, responsible for openly supporting using force to end Ukraine's control over Crimea, thus undermining the territorial integrity, sovereignty and independence of Ukraine
Responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.
25.7.2014
6.
So called ‘Lugansk Guard’
‘Луганская гвардия’
Social media:
https://vk.com/luguard
http://vk.com/club68692201
Self-defence militia of Lugansk, responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.
Associated with Mr, German PROPOKIV, active leader who is responsible for taking part in the seizure of the building of the Lugansk regional office of the Ukrainian Security Service and recorded a video address to President Putin and Russia from the occupied building.
25.7.2014
7.
So called ‘Army of the Southeast’
‘Армии Юго-Востока’
Recruitment:
http://lugansk-online.info/statements
Social media:
http://vk.com/lugansksbu
Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine.
Responsible for occupying the building of the Security Service in the Lugansk region. Retired officer.
Associated with Mr. Valeriy BOLOTOV, listed as one of the leaders of the group.
Associated with Mr. Vasyl NIKITIN, responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’
25.7.2014
8.
So called ‘Donbass People's Militia’
‘Нарóдное ополчéние Донбáсса’
Social media:
http://vk.com/polkdonbassa
+38-099-445-63-78;
+38-063-688-60-01;
+38-067-145-14-99;
+38-094-912-96-60;
+38-062-213-26-60
Email: [email protected]
[email protected]
Telephone volunteers in Russia:
+7 (926) 428-99-51
+7 (967) 171-27-09
or email [email protected]
Address: Donetsk. Prospect Zasyadko.13
Illegal armed separatist group responsible for fighting against the Ukrainian government forces in the Eastern Ukraine, thus threatening the stability or security of Ukraine.
Inter alia, the militant group seized control of several government buildings in Eastern Ukraine in early April 2014, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
Its former leader Mr. Pavel
Gubarev, is responsible for the taking over of the regional government building in Donetsk with pro-Russian forces and proclaiming himself the ‘people's governor’.
25.7.2014
9.
‘Vostok battalion’
‘батальоны Восток’
Social media:
http://vk.com/patriotic_forces_of_donbas
Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine.
Responsible fighting against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.
Attempted to seize the Donetsk Airport
25.7.2014
III. Entities whose ownership has been transferred contrary to Ukrainian law
Name
Identifying information
Reasons
Date of listing
1.
State ferry enterprise ‘Kerch ferry’
Государственная судоходная компания ‘Керченская паромная переправа’
Gosudarstvenoye predpriyatiye
Kerchenskaya paromnaya pereprava
16 Tselibernaya Street, 98307 Kerch
(Автономная Республика Крым, г. Керчь, ул. Целимберная, 16)
code: 14333981
The ownership of the entity was transferred contrary to the Ukrainian law. The ‘Parliament of Crimea’ adopted a resolution No. 1757-6/14 on 17.3.2014‘On nationalization of some companies belonging to the Ukrainian ministries of infrastructure or agriculture’ and the ‘Presidium of the Parliament of Crimea’ adopted a decision No. 1802-6/14 on 24.3.2014‘On state-owned Ferry Enterprise Kerch Ferry’ declaring the appropriation of assets belonging to the state ferry enterprise ‘Kerch Ferry’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014
2.
State enterprise
‘Sevastopol commercial seaport’
Государственное предприятие ‘Севастопольский морской торговый порт’
Gosudarstvenoye predpriyatiye
Sevastopolski morskoy torgovy port
3 Place Nakhimova, 99011 Sevastopol
(99011, г. Севастополь, пл. Нахимова, 3)
code: 01125548
The ownership of the entity was transferred contrary to the Ukrainian law. On 17.3.2014 the ‘Parliament of Crimea’ adopted a resolution No. 1757-6/14 ‘On nationalization of some companies belonging to the Ukrainian ministries of infrastructure or agriculture’ declaring the appropriation of assets belonging to the state enterprise ‘Sevastopol commercial seaport’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’. In terms of volume of trade, it is the biggest commercial seaport in Crimea.
25.7.2014
3.
State enterprise ‘Kerch commercial sea port’
Государственное предприятие ‘Керченский морской торговый порт’
Gosudarstvenoye predpriyatiye
Kerchenski morskoy torgovy port
28 Kirova Str., 98312, Kerch, Autonomous Republic of Crimea,
(98312, Автономная Республика Крым, г. Керчь, ул. Кирова, 28)
Code: 01125554
The ownership of the entity was transferred contrary to the Ukrainian law. The ‘Parliament of Crimea’ adopted a resolution No.1757-6/14 on 17.3.2014‘On nationalization of some companies belonging to the Ukrainian ministries of infrastructure or agriculture’ and a resolution No. 1865-6/14 on 26.3.2014‘On State-Owned Enterprise "Crimean Sea Ports’ (‘О Государственном предприятии "Крымские морские порты’) declaring the appropriation of assets belonging to the state enterprise ‘Kerch Commercial Sea Port’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’. In terms of volume of trade, it is the second biggest commercial seaport in Crimea.
25.7.2014
4.
State enterprise Universal -Avia
Государственном предприятии ‘Универсал-Авиа’
Gosudarstvenoye predpriyatiye
‘Universal-Avia’
5, Aeroflotskaya street, 95024 Simferopol
(Аэрофлотская улица, 5, Симферополь г.)
The ownership of the entity was transferred contrary to the Ukrainian law. On 24.3.2014 the ‘Presidium of the Parliament of Crimea’ adopted a decision ‘On State-owned Enterprise "Gosudarstvenoye predpriyatiye Universal-Avia’ (‘О Государственном предприятии “Универсал-Авиа”)’ No. 1794-6/14 declaring the appropriation of assets belonging to the state enterprise ‘Universal-Avia’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014
5.
Resort ‘Nizhnyaya Oreanda’
Санаторий ‘Нижняя Ореанда’
Resort ‘Nizhnyaya Oreanda’, 08655, Yalta, Oreanda
(08655, г.Ялта, пгт. Ореанда, Санаторий ‘Нижняя Ореанда’)
The ownership of the entity was transferred contrary to the Ukrainian law. On 21 March the ‘Presidium of the Parliament of Crimea’ adopted a decision ‘On the questions of creation of the Association of sanatoria and resorts’ No. 1767-6/14 declaring the appropriation of assets belonging to the resort ‘Nizhnyaya Oreanda’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014
6.
Crimean enterprise ‘Azov distillery plant’
Крымское республиканское предприятие ‘Азовский ликероводочный Завод’
Azovsky likerovodochny zavod
40 Zeleznodorozhnaya str., 96178 town of Azov, Jankoysky district
Джанкойский район, пгт Азовское, ул. Железнодорожная, 40)
code: 01271681
The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March 26 2014 No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the Republic of Crimea’ declaring the appropriation of assets belonging to the ‘Azovsky likerovodochny zavod’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014
7.
State concern ‘National Association of producers “Massandra”’
Национальное производственно-аграрное объединение ‘Массандра’
Nacionalnoye proizvodstvenno agrarnoye obyedinenye Massandra
6, str. Mira, Massandra 98600 city of Yalta
(98600, г. Ялта, пгт Массандра, ул. Мира, д. 6)
code: 00411890
The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the Republic of Crimea’ declaring the appropriation of assets belonging to the state concern ‘National Association of producers “Massandra”’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014
8.
‘State enterprise Magarach of the national institute of wine’
Государственное предприятие Агрофирма ‘Магарач’ Национального института винограда и вина ‘Магарач’
Gosudarstvenoye predpriyatiye ‘Agrofirma Magarach’ nacionalnogo instituta vinograda i vina ‘Magarach’
9 Chapayeva str., 98433 Vilino, Bakhchisarayski district,
(98433, Автономная Республика Крым, Бахчисарайский район, с. Вилино, ул. Чапаева, д. 9)
Code: 31332064
The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March 26 2014 No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the Republic of Crimea’ declaring the appropriation of assets belonging to the state enterprise ‘Gosudarstvenoye predpriyatiye “Agrofirma Magarach” nacionalnogo instituta vinograda i vina “Magarach”’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014
9.
State enterprise ‘Factory of sparkling wine Novy Svet’
Государственное предприятиеЗавод шампанских вин ‘Новый свет’
Gosudarstvenoye predpriyatiye ‘Zavod shampanskykh vin Novy Svet’
1 Shalyapina str., 98032 Sudak, Novy Svet
(98032, г. Судак, пгт Новый Свет, ул. Шаляпина, д. 1)
Code: 00412665
The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No. 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March 26 2014 No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the “Republic of Crimea” declaring the appropriation of assets belonging to the state enterprise “Zavod shampanskykh vin Novy Svet”’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.
25.7.2014 |
10.12.2014
EN
Official Journal of the European Union
L 353/1
COMMISSION IMPLEMENTING REGULATION (EU) No 1309/2014
of 9 December 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
AL
65,0
IL
116,6
MA
82,6
TN
139,2
TR
107,0
ZZ
102,1
0707 00 05
AL
63,5
EG
191,6
JO
258,6
MA
164,1
TR
137,5
ZZ
163,1
0709 93 10
MA
67,0
TR
126,4
ZZ
96,7
0805 10 20
AR
35,3
MA
68,6
SZ
37,7
TR
61,9
UY
32,9
ZA
47,9
ZW
33,1
ZZ
45,3
0805 20 10
MA
66,2
ZZ
66,2
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
IL
107,2
JM
168,3
TR
76,7
ZZ
117,4
0805 50 10
TR
71,7
ZZ
71,7
0808 10 80
BA
32,4
BR
54,7
CA
135,6
CL
79,5
NZ
96,9
US
93,0
ZA
99,9
ZZ
84,6
0808 30 90
CN
82,9
TR
174,9
ZZ
128,9
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’. |
10.1.2014
EN
Official Journal of the European Union
L 7/1
COMMISSION DELEGATED REGULATION (EU) No 3/2014
of 24 October 2013
supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of two- or three-wheel vehicles and quadricycles
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (1), and in particular Articles 18(3), 20(2), 22(5) and 54(3) thereof,
Whereas:
(1)
The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. To that end, comprehensive EU type-approval and a strengthened market surveillance system for L-category vehicles and its systems, components and separate technical units, as defined by Regulation (EU) No 168/2013, apply.
(2)
The term ‘L-category vehicles’ covers a wide range of light vehicle types with two, three or four wheels, e.g. powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars and four-wheel vehicles (quadricycles) such as on-road quads, all-terrain vehicles and quadrimobiles.
(3)
By Council Decision 97/836/EC (2), the Union acceded to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’).
(4)
By Decision 97/836/EC, the Union also acceded to United Nations Economic Commission for Europe (UNECE) regulations Nos 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 58, 66, 73, 77, 79, 80, 87, 89, 90, 91, 93, 97, 98, 99, 100 and 102.
(5)
The Union acceded to UNECE regulation No 110 on specific components of motor vehicles using compressed natural gas (CNG) in their propulsion system and on vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) in their propulsion system. By Council Decision 2000/710/EC (3), the Union has also acceded to UNECE regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas.
(6)
Manufacturers apply for type approval for L-category vehicles, their systems, components or separate technical units in accordance with Regulation (EU) No 168/2013. In the Union legislation most requirements on vehicle parts are taken over from the corresponding UNECE regulations. UNECE regulations are constantly amended in line with technological progress and the respective Union regulations have to be regularly updated accordingly. In order to avoid this duplication, the CARS 21 High Level Group recommended (4) the replacement of several Union directives by way of the incorporation and compulsory application of the corresponding UNECE regulations in Union law.
(7)
The possibility of applying UNECE regulations by virtue of Union legislation that provides for the incorporation of those UNECE regulations for the purpose of EU vehicle type-approval is provided for in Regulation (EU) No 168/2013. Under that Regulation, type-approval in accordance with UNECE regulations which apply on a compulsory basis is regarded as EU type-approval in accordance with that Regulation and its delegated and implementing acts.
(8)
The compulsory application of UNECE regulations helps avoiding duplication not only of technical requirements but also of certification and administrative procedures. In addition, type-approval that is directly based on internationally agreed standards could improve market access in third countries, in particular those which are contracting parties to the Revised 1958 Agreement, and thus enhance the Union industry’s competitiveness.
(9)
It is appropriate to include UNECE regulations Nos 1, 3, 4, 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 23, 26, 28, 30, 31, 34, 37, 38, 39, 43, 44, 45, 46, 48, 53, 54, 55, 56, 57, 60, 62, 64, 67, 72, 74, 75, 76, 77, 78, 81, 82, 87, 90, 91, 97, 98, 99, 100,, 104, 106, 110, 112, 113, 116, 119, 121, 122, 123 and 127 in the list of UNECE regulations that apply on a compulsory basis set out in Annex I to this Regulation.
(10)
Article 22 of, and Annexes II(B) and VIII to, Regulation (EU) No 168/2013 lay down functional safety requirements. Requirements regarding saddles and seats, steer-ability, cornering properties and turn-ability, endurance testing of functional safety critical systems, parts and equipment and vehicle structure integrity are deemed paramount for the functional safety of an L-category vehicle, as well as requirements on electrical safety, which was added in order to adapt to technical progress. Requirements regarding the maximum speed limitation plate and its location on the vehicle as also regarding roll-over protective structure have been adopted to address specific characteristics of category L7e-B vehicle’s that are designed for off-road use but that travel also on hard-paved public roads.
(11)
The limitation to ‘four’ of the ratio of auxiliary propulsion power and actual pedal power for cycles designed to pedal set out in Annex XIX should be subject to further scientific research and assessment. Upon availability of scientific data and statistics on vehicles placed on the market, the ratio ‘four’ referred to above may be revisited in a future revision of this Regulation.
(12)
This Regulation should apply as from date of application of Regulation (EU) No 168/2013,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation establishes the detailed technical requirements and test procedures regarding functional safety for the approval and market surveillance of L-category vehicles and the systems, components and separate technical units intended for such vehicles in accordance with Regulation (EU) No 168/2013 and sets out a list of UNECE regulations and amendments thereto.
Article 2
Definitions
The definitions of Regulation (EU) No 168/2013 shall apply. In addition, the following definitions shall apply:
(1)
‘audible warning device’ means a device emitting an acoustic signal intended to give warning of the presence of, or a manoeuvre by, a vehicle in a dangerous road traffic situation, consisting of one or more sound emission orifices that are excited by a single power source or of several components each emitting an acoustic signal and operating simultaneously as a result of being actuated by a single control;
(2)
‘type of electrical audible warning device’ means audible warning devices not essentially differing among themselves, particularly in respect of the following aspects: trade mark or name, operating principle, type of power supply (direct current, alternating current, compressed air), outer shape of the casing, shape and dimensions of the diaphragm(s), shape or type of the sound emission orifice(s), nominal sound frequencies, nominal supply voltage and, in the case of warning devices supplied direct by an external source of compressed air, the nominal operating pressure;
(3)
‘type of mechanical audible warning device’ means audible warning devices not essentially differing among themselves, particularly in respect of the following aspects: trade mark or name, operating principle, type of actuation, outer shape and size of the bell and the internal construction;
(4)
‘type of vehicle with regard to the audible warning’ means vehicles which do not differ in such essential respects as: the number of audible warning devices fitted to the vehicle, the type(s) of audible warning device(s) fitted to the vehicle, the mountings used to fit the audible warning device(s) to the vehicle, the position and orientation of the audible warning device(s) on the vehicle, the rigidity of the parts of the structure on which the audible warning device(s) is/are fitted and the shape and materials of the bodywork forming the part of the vehicle which may affect the level of the sound emitted by the audible warning device(s) and which may have a masking effect;
(5)
‘bodywork’ means the external structure of the motor vehicle which comprises of fenders, doors, pillars, side walls, roof, floor, front bulkhead, rear bulkhead and/or other external panels;
(6)
‘type of vehicle with regard to braking’ means vehicles which do not differ in such essential respects as the maximum mass, the distribution of mass between the axles, the maximum vehicle design speed, the tyre sizes and wheel dimensions, as well as the design characteristics of the braking system and its components;
(7)
‘type of vehicle with regard to electrical safety’ means vehicles which do not differ in such essential respects as the location of conducting parts and components of the entire electrical system installed in the vehicle, the installation of the electric powertrain and the galvanically connected high voltage bus as well as the nature and type of electric powertrain and the galvanically connected high voltage components;
(8)
‘active driving possible mode’ means the vehicle mode when application of the electric acceleration position sensor, activation of an equivalent control or release of the brake system will cause the electric powertrain to propel the vehicle;
(9)
‘barrier’ means the part providing protection against direct contact to the live parts from any direction of access;
(10)
‘conductive connection’ means the connection using connectors to an external power supply when the rechargeable energy storage system (REESS) is charged;
(11)
‘REESS’ means the rechargeable electric energy storage system that provides energy for electric propulsion;
(12)
‘coupling system for charging the REESS’ means the electrical circuit used for charging the REESS from an external electric power supply including the vehicle inlet;
(13)
‘direct contact’ means the contact of persons with live parts;
(14)
‘electrical chassis’ means a set made of conductive parts electrically linked together, whose potential is taken as reference;
(15)
‘electrical circuit’ means an assembly of connected live parts which is designed to be electrically energised in normal operation;
(16)
‘electric energy conversion system’ means a system that generates and provides electric energy for electric propulsion;
(17)
‘electric powertrain’ means the electrical circuit which includes the traction motor(s), and includes the REESS, the electric energy conversion system, the electronic converters, the associated wiring harness and connectors, and the coupling system for charging the REESS;
(18)
‘electronic converter’ means a device capable of controlling and/or converting electric power for electric propulsion;
(19)
‘enclosure’ means the part enclosing the internal units and providing protection against direct contact from any direction of access;
(20)
‘exposed conductive part’ means the conductive part which can be touched under the provisions of the protection degree IPXXB, and which becomes electrically energised under isolation failure conditions;
(21)
‘external electric power supply’ means an alternating current (AC) or direct current (DC) electric power supply outside of the vehicle;
(22)
‘high voltage’ means the classification of an electric component or circuit, if its working voltage is 60 V and ≤ 1 500 V DC or 30 V and ≤ 1 000 V AC root mean square (rms);
(23)
‘high voltage bus’ means the electrical circuit, including the coupling system for charging the REESS that operates on high voltage;
(24)
‘indirect contact’ means the contact of persons with exposed conductive parts;
(25)
‘live parts’ means the conductive part(s) intended to be electrically energised in normal use;
(26)
‘luggage compartment’ means the space in the vehicle for luggage accommodation, bounded by the roof, bonnet, trunk lid or rear door and floor and side walls, as well as by the barrier and enclosure provided for protecting the powertrain from direct contact with live parts, being separated from the passenger compartment by the front or rear bulkhead;
(27)
‘on-board isolation resistance monitoring system’ means the device which monitors the isolation resistance between the high voltage buses and the electrical chassis;
(28)
‘open type traction battery’ means a liquid type battery requiring refilling with water and generating hydrogen gas released to the atmosphere;
(29)
‘passenger compartment’ means the space for occupant accommodation, bounded by the roof, floor, side walls, doors, window glass, front bulkhead and rear bulkhead, or rear gate, as well as by the barriers and enclosures provided for protecting the powertrain from direct contact with live parts;
(30)
‘protection degree’ means the protection provided by a barrier or enclosure related to the contact with live parts by a test probe, such as a jointed test finger (IPXXB) or a test wire access probe (IPXXD);
(31)
‘service disconnect’ means the device for deactivation of the electrical circuit for the purpose of servicing or checking electrical components such as the REESS and fuel cell stack;
(32)
‘solid insulator’ means the insulation coating of wiring harnesses insulating live parts against direct contact from any direction of access, covers insulating live parts of connectors, as well as varnish or paint applied for the purpose of insulation;
(33)
‘working voltage’ means the highest value of an electrical circuit voltage root-mean-square (rms) as specified by the vehicle manufacturer for each separate and galvanically isolated circuit, which may occur between any conductive parts in open circuit conditions or under normal operating condition;
(34)
‘type of vehicle with regard to endurance’ means vehicles which do not differ in such essential respects as the overall design characteristics as well as the vehicle and component manufacturing and assembly facilities as well as their quality control and assurance procedures;
(35)
‘type of vehicle with regard to front and rear protective structure’ means vehicles which do not differ in such essential respects as the shape and location of structures, parts and components located at the front and rear of the vehicle;
(36)
‘projection’ means the dimension of an edge as determined in accordance with paragraph 2 of Annex 3 to UNECE regulation No 26 (5);
(37)
‘floor line’ means the line as defined in paragraph 2.4 of UNECE regulation No 26;
(38)
‘vehicle structure’ means parts of the vehicle, including bodywork, components, fenders, brackets, linkage, tyres, wheels, wheel guards and glazing, comprised of material with a hardness of at least 60 Shore (A);
(39)
‘type of vehicle with regard to glazing, windscreen wipers and washers, and defrosting and demisting systems’ means vehicles which do not differ in such essential respects as the shape, size, thickness and characteristics of the windscreen and its mounting, the characteristics of the wiper and washer system and the characteristics of the defrosting and demisting systems;
(40)
‘windscreen wiper system’ means the system consisting of a device for wiping the outer face of the windscreen, together with the accessories and controls necessary for starting and stopping the device;
(41)
‘wiper field’ means the area(s) on the windscreen wiped by the wiper blade(s) when the wiper system is operating under normal conditions;
(42)
‘windscreen washer system’ means the system consisting of devices for storing, transferring and aiming fluid towards the outer face of the windscreen, together with the controls necessary for starting and stopping the device;
(43)
‘washer control’ means the device by which the windscreen washer system is manually activated and deactivated;
(44)
‘washer pump’ means a device for transferring fluid from the washer system storage reservoir to the outer face of the windscreen;
(45)
‘nozzle’ means a device which serves to direct fluid onto the windscreen;
(46)
‘fully primed (system)’ means a system which has been activated normally for a period of time and where fluid has been transferred through the pump and tubing, and has exited the nozzle(s);
(47)
‘cleaned area’ means the previously soiled area which does not have any traces of drops and remaining dirt after it has dried completely;
(48)
‘vision area A’ means test area A as defined in paragraph 2.2 of Annex 18 to UNECE regulation 43 (6);
(49)
‘vehicle master control switch’ means the device by which the vehicle’s on-board electronics system is brought from being switched off, as is the case when a vehicle is parked without the driver being present, to normal operation mode;
(50)
‘type of vehicle with regard to identification of controls, tell-tales and indicators’ means vehicles which do not differ in such essential respects as the number, location and design characteristics of controls, tell-tales and indicators, and the tolerances of the speedometer’s measuring mechanism, technical constant of the speedometer, range of speeds displayed, overall transmission ratio, including any reduction drives, to the speedometer and the minimum and maximum tyre size designations;
(51)
‘control’ means any part of the vehicle or component directly actuated by the driver which causes a change in the state or operation of the vehicle or one of the parts thereof;
(52)
‘tell-tale’ means an optical signal which indicates the actuation of a device, correct or defective functioning or condition, or failure to function;
(53)
‘indicator’ means a device providing information on the proper functioning or state of a system or part of a system, such as the level or temperature of a fluid;
(54)
‘speedometer’ means a device indicating to the driver the speed of the vehicle at any given moment;
(55)
‘odometer’ means a device that indicates the distance travelled by a vehicle;
(56)
‘symbol’ means a diagram from which to identify a control, a tell-tale or an indicator;
(57)
‘common space’ means a specific area on which more than one tell-tale, indicator, symbol or other information may be displayed;
(58)
‘type of vehicle with regard to installation of lighting’ means vehicles which do not differ in such essential respects as the dimensions and outer shape of the vehicle, as well as the number, location and design characteristics of the installed lighting devices and light-signalling devices;
(59)
‘lighting device’ means a type-approved lamp or type-approved retro-reflector;
(60)
‘light-signalling device’ means a lighting device which may be used for signalling;
(61)
‘single (lighting device)’ means a lighting device or part of a device, having one function and one illuminating surface and one or more light sources; it may also mean any assembly of two independent or grouped lighting devices, whether identical or not, having the same function, if they are installed in such a way that the projections of the light-emitting surfaces of the lighting devices on a given transverse plane occupy not less than 60 % of the smallest rectangle circumscribing the projections of the said light-emitting surfaces;
(62)
‘light-emitting surface’ of a lighting device means all or part of the exterior surface of the translucent material, as stated in the component type-approval documentation; this may include or entirely consist of the illuminating surface and may also include the area which is completely circumscribed by the lighting device;
(63)
‘illuminating surface’ of a lighting device means the surface as defined in paragraph 2.7 of UNECE regulation No 53 (7);
(64)
‘independent (lighting device)’ means a lighting device having a separate illuminating surface, light source and lamp body;
(65)
‘grouped (lighting devices)’ means lighting devices having separate illuminating surfaces and light sources, but a common lamp body;
(66)
‘combined (lighting devices)’ means lighting devices having separate illuminating surfaces but a common light source and a common lamp body;
(67)
‘reciprocally incorporated (lighting devices)’ means lighting devices having separate light sources or a single light source operating under different conditions (e.g. optical, mechanical or electrical differences), totally or partially common illuminating surfaces and a common lamp body;
(68)
‘driving-beam headlamp’ means a device used to illuminate the road over a long distance ahead of the vehicle (main beam);
(69)
‘passing-beam headlamp’ means a device used to illuminate the road ahead of the vehicle without causing undue dazzle or discomfort to oncoming drivers or other road users (dipped beam);
(70)
‘front position lamp’ means a device used to indicate the presence of the vehicle when viewed from the front;
(71)
‘daytime running lamp’ means a lamp facing in a forward direction used to make the vehicle more easily visible when driving during daytime;
(72)
‘front fog lamp’ means a device used to improve the illumination of the road in case of fog, snowfall, rainstorms or dust clouds;
(73)
‘direction indicator lamp’ means a device used to indicate to other road users that the driver intends to change direction to the right or the left;
(74)
‘hazard warning signal’ means the simultaneous operation of all of a vehicle’s direction indicator lamps to draw attention to the fact that the vehicle temporarily constitutes a special danger to other road users;
(75)
‘stop lamp’ means a device used to indicate to other road users to the rear of the vehicle that the latter’s driver is applying the service brake;
(76)
‘rear position lamp’ means a device used to indicate the presence of the vehicle when viewed from the rear;
(77)
‘rear fog lamp’ means a device used to render the vehicle more readily visible from the rear in the event of fog, snowfall, rainstorms or dust clouds;
(78)
‘reversing lamp’ means a device used to illuminate the road to the rear of the vehicle and to warn other road users that the vehicle is reversing or about to reverse;
(79)
‘rear registration plate lamp’ means a device used to illuminate the space intended to accommodate the rear registration plate that consists of one or several optical elements;
(80)
‘retro-reflector’ means a device used to indicate the presence of a vehicle by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near that source, excluding retro-reflecting registration plates or speed limitation plates;
(81)
‘rear retro-reflector’ means a retro-reflector device used to indicate the presence of the vehicle when viewed from the rear;
(82)
‘side retro-reflector’ means a retro-reflector device used to indicate the presence of the vehicle when viewed from the side;
(83)
‘side marker lamp’ means a device used to indicate the presence of the vehicle when viewed from the side;
(84)
‘reference axis’ means the characteristic axis of a device as stated in the component type-approval documentation for use as the direction of reference (H = 0°, V = 0°) for angles of field for photometric measurements and when fitting the lamp on the vehicle;
(85)
‘reference centre’ means the intersection of the reference axis with the light-emitting surface, the centre of reference being specified by the manufacturer of the lighting device;
(86)
‘geometric visibility’ means the angles which determine the square field in which the light-emitting surface of the lighting device is completely visible when the relevant angles (α vertical and β horizontal) are measured at the outward contour of the apparent surface and the lamp is observed from afar. However, if any obstacles is located within this field and partly obscuring the light-emitting surface, it may be accepted where it is proven that, even with such obstructions, the photometric values prescribed for the type-approval of the lighting device as component are complied with;
(87)
‘longitudinal median plane of the vehicle’ means the plane of symmetry of the vehicle or, if the vehicle is not symmetrical, the vertical longitudinal plane passing through the middle of the vehicle axles;
(88)
‘operating tell-tale’ means a visual, auditory or any other equivalent signal indicating that a lighting-device has been switched on and whether or not it is operating correctly;
(89)
‘closed-circuit tell-tale’ means a tell-tale indicating that a device has been switched on, but not indicating whether it is operating correctly or not;
(90)
‘type of vehicle with regard to rearward visibility’ means vehicles which do not differ in such essential respects as the dimensions and external shape of the vehicle as well as the number, location and design characteristics of the installed devices for indirect vision;
(91)
‘type of vehicle with regard to roll-over protection structure’ means vehicles which do not differ in such essential respects as the structure on the vehicle, the essential purpose of which is to mitigate or avoid risk of severe injury to the vehicle’s occupants resulting from a roll-over of the vehicle during normal use;
(92)
‘zone of clearance’ means the space occupied by a 50th percentile male manikin represented by the Hybrid III anthropomorphic test device in normal seating position on all seating positions;
(93)
‘type of vehicle with regard to safety belt anchorages and safety belts’ means vehicles which do not differ in such essential respects as the main vehicle construction and design characteristics as well as that of the safety belt anchorages and the number, location and configuration of fitted safety belts;
(94)
‘adjustment system’ means the device enabling the parts of the seat to be adjusted in order to achieve a seating position that is adapted to the occupant’s morphology, including longitudinal, vertical and/or angular adjustments;
(95)
‘displacement system’ means an adjustment and locking system including a folding seatback fitted to seats in front of other seats, enabling passengers to access and exit from such rear seats when there are no doors adjacent to that rear seating row;
(96)
‘saddle’ means a seating position where the rider or passenger sits astride;
(97)
‘seat’ means a seating position which is not a saddle and which has a seat back offering support for the driver’s or passenger’s back;
(98)
‘seat back’ means a structural element behind the seating position’s R-point at a height of more than 450 mm measured from the vertical plane passing through the R-point against which the back of a seated person can rest completely;
(99)
‘50th percentile male manikin’ means a physical anthropomorphic test device possessing specified dimensions and masses or a virtual model, both representing the body of an average male human;
(100)
‘actual safety belt anchorage’ means a point of the vehicle structure or the seat structure or any other part of the vehicle to which a safety belt assembly is to be physically mounted;
(101)
‘effective safety belt anchorage’ means a clearly defined point in the vehicle which has sufficiently rigid properties as to change the routing, course and direction of a safety belt which is worn by the vehicle occupant and comprises of such point which is closest to that portion of the belt which is in actual and direct contact with the wearer;
(102)
‘front seating position’ means a single foremost seating position, which may be grouped in a row of several other seating positions;
(103)
‘rear seating position’ means a single seating position located fully behind the line of a front seating position and which may be grouped in a row of several seating positions;
(104)
‘torso reference line’ means the torso line as determined by the vehicle manufacturer for each seating position and established in accordance with Annex 3 to UNECE regulation No 17 (8);
(105)
‘torso angle’ means the angle between the vertical and the torso line;
(106)
‘design position’ means the position into which a device such as a seat can be adjusted so that all relevant settings correspond as closely as possible to a specified position;
(107)
‘ISOFIX’ means a system for the connection of child restraint systems to vehicles which has two vehicle rigid anchorages, two corresponding rigid attachments on the child restraint system and a means of limiting the pitch rotation of the child restraint system;
(108)
‘type of vehicle with regard to seating positions’ means vehicles which do not differ in such essential respects as the shape, location and number of seats or saddles;
(109)
‘5th percentile adult female manikin’ means a physical anthropomorphic test device possessing specified dimensions and masses or a virtual model, both representing the body of a small female human;
(110)
‘type of vehicle with regard to steer-ability, cornering properties and turn-ability’ means vehicles which do not differ in such essential respects as the design characteristics of the steering mechanism, reversing device and locking differentials, if such devices are fitted to the vehicle;
(111)
‘turning circle’ means the circle within which is located the projections onto the ground plane of all the points of the vehicle, excluding rear-view mirrors, when the vehicle is driven in a circle;
(112)
‘unusual vibration’ means a vibration which differs substantially from a normal and constant vibration, characterised by one or more unintended sharp increases of the amplitude of the vibration and leading to increased steering forces that are not constant and not predictable in nature;
(113)
‘type of vehicle with regard to the installation of tyres’ means vehicles which do not differ in such essential respects as the types of tyre, minimum and maximum tyre size designations, wheel dimensions and off-sets as well as speed and load capabilities suitable for fitment, and the characteristics of the fitted wheel guards;
(114)
‘wheel off-set’ means the distance from the hub abutment face to the centre line of the rim;
(115)
‘temporary-use spare unit’ means a unit with a tyre different from those to be fitted to the vehicle for normal driving conditions, but intended only for temporary use under restricted driving conditions;
(116)
‘maximum load rating’ means the mass which a tyre can carry when operated in conformity with requirements governing utilisation specified by the tyre manufacturer, expressed as a load capacity index number;
(117)
‘load capacity index’ means a number linked to the maximum load rating of the tyre and relating to the definition in paragraph 2.26 of UNECE regulation No 75 (9), paragraph 2.28 of UNECE regulation No 30 (10), paragraph 2.27 of UNECE regulation No 54 (11) and paragraph 2.28 of UNECE regulation No 106 (12);
(118)
‘speed category symbol’ means the symbol defined in paragraph 2.28 of UNECE regulation No 75, paragraph 2.29 of UNECE regulation No 30, paragraph 2.28 of UNECE regulation No 54 and paragraph 2.29 of UNECE regulation No 106;
(119)
‘type of vehicle with regard to maximum speed limitation plate and its location on the vehicle’ means vehicles which do not differ in such essential respects as the maximum design vehicle speed and the material, orientation, and design characteristics of the maximum speed limitation plate;
(120)
‘virtually flat surface’ means a surface of solid material, with a radius of curvature of at least 5 000 mm;
(121)
‘vehicle type with regard to interior fittings and doors’ means vehicles which do not differ in such essential respects as the design characteristics of the vehicle’s interior fittings, number and location of seats and doors;
(122)
‘level of the instrument panel’ means the line defined by the points of contact of vertical tangents to the instrument panel or at the level of the horizontal plane coinciding with the R-point of the seating position of the driver where the latter is located higher than a tangent contact point in question;
(123)
‘contactable edges’ means edges which can be contacted by the surface of a testing apparatus and can consist of structures, elements or components located anywhere in the vehicle, including but not limited to the passenger compartment floor, sides, doors, windows, roof, roof pillars, roof ribs, sun visors, instrument panel, steering control, seats, head restraints, safety belts, levers, knobs, covers, compartments and lights;
(124)
‘door’ means any structure or material which has to be opened, displaced, folded, unzipped, slid away or manipulated in any other way in order for a person to enter or leave the vehicle;
(125)
‘door centre’ means the dimensional location in a vertical plane parallel to the longitudinal median plane of the vehicle which coincides with the centre of gravity of the door;
(126)
‘vehicle type with regard to maximum continuous rated or net power and/or vehicle speed limitation by design’ means vehicles which do not differ in such essential respects as the maximum continuous power output of the electric motor(s) and/or engine, the vehicle maximum design speed and the design characteristics of devices and methodology employed to effectively limit the vehicle’s achievable maximum speed and/or power output;
(127)
‘vehicle type with regard to structural integrity’ means vehicles which do not differ in such essential respects as the design characteristics of the mechanical connections, such as welds and threaded connections, as well as the frame, chassis and/or body of the vehicle and the manner in which it is secured.
CHAPTER II
OBLIGATIONS OF MANUFACTURERS
Article 3
Fitting and demonstration requirements related to functional safety
1. Manufacturers shall equip L-category vehicles with systems, components and separate technical units affecting functional safety that are designed, constructed and assembled so as to enable the vehicle in normal use and maintained according to the prescriptions of the manufacturer to comply with the detailed technical requirements and testing procedures. In accordance with Articles 6 to 22, manufacturers shall demonstrate by means of physical demonstration testing to the approval authority that the L-category vehicles made available on the market, registered or entering into service in the Union comply with the functional safety requirements of Articles 18, 20, 22 and 54 to Regulation (EU) No 168/2013 and comply with the detailed technical requirements and test procedures laid down in this Regulation.
2. Manufacturers shall demonstrate that spare parts and equipment that are made available on the market or are entering into service in the Union are approved in accordance with the requirements of Regulation (EU) No 168/2013, as specified by the detailed technical requirements and test procedures referred to in this Regulation. An approved L-category vehicle equipped with such a spare part or equipment shall meet the same functional safety test requirements and performance limit values as a vehicle equipped with an original part or equipment satisfying endurance requirements up to and including those set out in Article 22(2) of Regulation (EU) No 168/2013.
3. Manufacturers shall submit to the approval authority a description of the measures taken to prevent tampering with, and modification of, the powertrain management system, including the functional safety control computers.
Article 4
Application of UNECE regulations
1. The UNECE regulations and amendments thereto set out in Annex I to this Regulation shall apply to type approval.
2. References to vehicle categories L1, L2, L3, L4, L5, L6 and L7 in the UNECE regulations shall be understood as references to vehicle categories L1e, L2e, L3e, L4e, L5e, L6e and L7e respectively under this Regulation, including any sub-categories.
3. Vehicles with a maximum design vehicle speed of ≤ 25 km/h shall meet all the relevant requirements of UNECE regulations applying to vehicles with a maximum vehicle design speed of 25 km/h.
Article 5
Technical specifications on functional safety requirements and test procedures
1. The functional safety performance test procedures shall be performed in accordance with the test requirements laid down in this Regulation.
2. The test procedures shall be carried out or witnessed by the approval authority or, if authorised by the approval authority, by the technical service.
3. The measurement methods and test results shall be reported to the approval authority in the test report format set out in Article 72(g) of Regulation (EU) No 168/2013.
Article 6
Requirements applying to audible warning devices
The test procedures and performance requirements applying to audible warning devices referred to in Annex II (B1) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex II to this Regulation.
Article 7
Requirements applying to braking, including anti-lock and combined braking systems if fitted
The test procedures and performance requirements applying to braking, including anti-lock and combined braking systems if fitted, referred to in Annex II (B2) and Annex VIII to Regulation (EU) No 168/2013, shall be conducted and verified in accordance with the requirements laid down in Annex III to this Regulation.
Article 8
Requirements applying to electrical safety
The test procedures and performance requirements applying to electrical safety referred to in Annex II (B3) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex IV to this Regulation.
Article 9
Requirements applying to the manufacturers’ declaration regarding endurance testing of functional safety critical systems, parts and equipment
The manufacturer’s declaration regarding endurance testing of functional safety systems, parts and equipment referred to in Annex II (B4) to Regulation (EU) No 168/2013 shall comply with the requirements laid down in Annex V to this Regulation.
Article 10
Requirements applying to front and rear protective structures
The test procedures and performance requirements applying to front and rear protective structures referred to in Annex II (B5) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex VI to this Regulation.
Article 11
Requirements applying to glazing, windscreen wipers and washers, and defrosting and demisting systems
The test procedures and performance requirements applying to glazing, windscreen wipers and washers, and defrosting and demisting systems referred to in Annex II (B6) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex VII to this Regulation.
Article 12
Requirements applying to driver-operated controls including identification of controls, tell-tales and indicators
The test procedures and performance requirements applying to driver-operated controls including identification of controls, tell-tales and indicators referred to in Annex II (B7) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex VIII to this Regulation.
Article 13
Requirements applying to the installation of lighting and light signalling devices, including automatic switching of lighting
The test procedures and performance requirements applying to the installation of lighting and light signalling devices, including automatic switching of lighting referred to in Annex II (B8) and Annex VIII to Regulation (EU) No 168/2013, shall be conducted and verified in accordance with the requirements laid down in Annex IX to this Regulation.
Article 14
Requirements applying to rearward visibility
The test procedures and measurements in order to test the relevant requirements applying to rearward visibility referred to in Annex II (B9) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex X to this Regulation.
Article 15
Requirements applying to the roll-over protective structure
The test procedures and performance requirements applying to the roll-over protective structure referred to in Annex II (B10) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XI to this Regulation.
Article 16
Requirements applying to safety belt anchorages and safety belts
The test procedures and performance requirements applying to safety belt anchorages and safety belts referred to in Annex II (B11) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XII to this Regulation.
Article 17
Requirements applying to seating positions (saddles and seats)
The test procedures and performance requirements applying to seating positions (saddles and seats) referred to in Annex II (B12) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XIII to this Regulation.
Article 18
Requirements applying to steer-ability, cornering properties and turn-ability
The test procedures and performance requirements applying to steer-ability, cornering properties and turn-ability referred to in Annex II (B13) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XIV to this Regulation.
Article 19
Requirements applying to the installation of tyres
The test procedures and performance requirements applying to the installation of tyres referred to in Annex II (B14) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XV to this Regulation.
Article 20
Requirements applying to the maximum vehicle speed limitation plate and its location on the vehicle
The test procedures and performance requirements applying to the maximum vehicle speed limitation plate and its location on L-category vehicles referred to in Annex II (B15) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XVI to this Regulation.
Article 21
Requirements applying to vehicle occupant protection, including interior fittings and vehicle doors
The test procedures and performance requirements applying to vehicle occupant protection, including interior fittings and vehicle doors referred to in Annex II (B16) to Regulation (EU) No 168/2013, shall be conducted and verified in accordance with the requirements laid down in Annex XVII to this Regulation.
Article 22
Requirements applying to maximum continuous rated and/or net power and/or vehicle speed limitation by design
The test procedures and performance requirements applying to the limitation by design of maximum continuous total rated and/or net power and/or vehicle speed of L-category vehicles referred to in Annex II (B17) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with the requirements laid down in Annex XVIII to this Regulation.
Article 23
Requirements applying to vehicle structure integrity
The requirements applying to vehicle structure integrity referred to in Annex II (B18) and Annex VIII to Regulation (EU) No 168/2013 shall be complied with in accordance with the requirements laid down in Annex XIX to this Regulation.
CHAPTER III
OBLIGATIONS OF THE MEMBER STATES
Article 24
Type-approval of vehicles, systems, components and separate technical units
In accordance with Article 22 of Regulation (EU) No 168/2013 and with effect from the dates laid down in its Annex IV, national authorities shall, in the case of new vehicles that do not comply with Regulation (EU) No 168/2013 and the provisions of this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 43(1) of Regulation (EU) No 168/2013 and shall, on grounds relating to functional safety, prohibit the making available on the market, registration, or entry into service of such vehicles.
CHAPTER IV
FINAL PROVISIONS
Article 25
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 60, 2.3.2013, p. 52.
(2) OJ L 346, 17.12.1997, p. 78.
(3) OJ L 290, 17.11.2000, p. 29.
(4) Report published by the Commission in 2006 entitled ‘CARS 21: A Competitive Automotive Regulatory System for the 21st century’.
(5) OJ L 215, 14.8.2010, p. 27.
(6) OJ L 230, 31.8.2010, p. 119.
(7) OJ L 166, 18.6.2013, p. 55.
(8) OJ L 230, 31.8.2010, p. 81.
(9) OJ L 84, 30.3.2011, p. 46.
(10) OJ L 307, 23.11.2011, p. 1.
(11) OJ L 307, 23.11.2011, p. 2.
(12) OJ L 257, 30.9.2010, p. 231.
LIST OF ANNEXES
Annex number
Annex title
Page No.
I
List of UNECE regulations which apply on a compulsory basis
II
Test procedures and performance requirements applying to audible warning devices
III
Requirements applying to braking, including anti-lock and combined braking systems
IV
Requirements regarding electrical safety
V
Requirements applying to manufacturers’ declaration regarding endurance testing of functional safety critical systems, parts and equipment
VI
Requirements applying to front and rear protective structures
VII
Requirements applying to glazing, windscreen wipers and washers, and defrosting and demisting systems
VIII
Requirements applying to driver-operated controls including identification of controls, tell-tales and indicators
IX
Requirements applying to installation of lighting and light signalling devices, including automatic switching of lighting
X
Requirements regarding rearward visibility
XI
Requirements applying to roll-over protective structure (ROPS)
XII
Requirements applying to safety belt anchorages and safety belts
XIII
Requirements applying to seating positions (saddles and seats)
XIV
Requirements regarding steer-ability, cornering properties and turn-ability
XV
Requirements regarding the installation of tyres
XVI
Requirements applying to the vehicle maximum speed limitation plate and its location on the vehicle
XVII
Requirements regarding vehicle occupant protection, including interior fittings and vehicle doors
XVIII
Requirements regarding maximum continuous rated or net power and/or maximum vehicle speed limitation by design
XIX
Requirements regarding vehicle structure integrity
ANNEX I
List of UNECE regulations which apply on a compulsory basis
UNECE regulation No
Subject
Series of amendments
OJ reference
Applicability
Headlamps for motor vehicles (R2, HS1)
OJ L 177, 10.7.2010, p. 1
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Retro-reflectors
Supplement 12 to the 02 series of amendments
OJ L 323, 6.12.2011, p. 1
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Direction indicators
Supplement 19 to the 01 series of amendments
OJ L 177, 10.7.2010, p. 40
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Front and rear position lamps and stop lamps
Supplement 16 to the 02 series of amendments
OJ L 148, 12.6.2010, p. 1
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Headlamps for motor vehicles (H1, H2, H3, HB3, HB4, H7, H8, H9, H11, HIR1, HIR2)
OJ L 177, 10.7.2010, p. 71
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Safety belts, restraint systems and child restraint systems
Supplement 1 to the 06 series of amendments
OJ L 233, 9.9.2011, p. 1
L2e, L4e, L5e, L6e and L7e
Front fog lamps
Supplement 2 to the 03 series of amendments
OJ L 177, 10.7.2010, p. 113
L3e, L4e, L5e and L7e
Headlamps for motor vehicles (H4)
OJ L 177, 10.7.2010, p. 170
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Audible warning devices
Supplement 3 to the 00 series of amendments
OJ L 323, 6.12.2011, p. 33
L3e, L4e and L5e
Filament bulbs
Supplement 34 to the 03 series of amendments
OJ L 297, 13.11.2010, p. 1
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Rear fog lamps
Supplement 15 to the 00 series of amendments
OJ L 4, 7.1.2012, p. 20
L3e, L4e, L5e and L7e
Safety glazing
Supplement 12 to the 00 series of amendments
OJ L 230, 31.8.2010, p. 119
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Devices for indirect vision (rear-view mirrors)
Supplement 4 to the 02 series of amendments
OJ L 177, 10.7.2010, p. 211
L2e, L5e, L6e and L7e
Lighting components for vehicles of category L
Supplement 16 to the 00 series of amendments
Not yet published in the OJ
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Installation of lighting (motorcycle)
Supplement 14 to the 01 series of amendments
OJ L 166, 18.6.2013, p. 55
L3e
Headlamps for mopeds and vehicles treated as such
Not yet published in the OJ
L1e, L2e and L6e
Headlamps for motorcycles and vehicles treated as such
Not yet published in the OJ
L3e, L4e, L5e and L7e
Identification of controls tell-tales and indicators
Supplement 2 to the 00 series of amendments
OJ L 95, 31.3.2004, p. 10
L1e and L3e
Headlamps for motorcycles and vehicles treated as such (HS1)
Not yet published in the OJ
L3e, L4e, L5e and L7e
Installation of lighting (moped)
Supplement 7 to the 00 series of amendments
OJ L 166, 18.6.2013, p. 88
L1e
Tyres
Supplement 13 to the 01 series of amendments
OJ L 84, 30.3.2011, p. 46
L1e, L2e, L3e, L4e and L5e
Braking, including anti-lock and combined brake systems
Supplement 3 to the 02 series of amendments
OJ L 95, 31.3.2004, p. 67
L1e, L2e, L3e, L4e and L5e
Rear-view mirrors
Supplement 2 to the 00 series of amendments
OJ L 185, 13.7.2012, p. 1
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Headlamps for mopeds and vehicles treated as such (HS2)
Not yet published in the OJ
L1e, L2e and L6e
Daytime running lamps
Supplement 15 to the 00 series of amendments
OJ L 4, 7.1.2012, p. 24
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Headlamps with gas-discharge light sources
Supplement 4 to the 01 series of amendments
Not yet published in the OJ
L3e
Gas-discharge light sources
Supplement 5 to the 00 series of amendments
OJ L 164, 30.6.2010, p. 151
L3e
Headlamps with asymmetrical beams
Supplement 12 to the 00 series of amendments
OJ L 230, 31.8.2010, p. 264
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Headlamps with symmetrical beams
Supplement 2 to the 01 series of amendments
OJ L 330, 16.12.2005, p. 214
L1e, L2e, L3e, L4e, L5e, L6e and L7e
Explanatory note:
The fact that a component is included in this list does not make its installation mandatory. For certain components, however, mandatory installation requirements are laid down in other annexes to this Regulation.
ANNEX II
Test procedures and performance requirements applying to audible warning devices
PART 1
Requirements applying to the component type-approval of a type of mechanical or electrical audible warning device intended to be fitted to vehicles of categories L1e, L2e and L6e
1. General requirements
1.1.
Electrical audible warning devices shall emit a continuous, uniform sound and their sound spectrum shall not vary perceptibly during operation. In the case of warning devices supplied with an alternating current, this requirement applies solely at constant generator speed, that speed lying within the range specified in point 2.3.2.
1.2.
Electrical audible warning devices shall have sound characteristics (spectral distribution of the sound energy, sound pressure level) and mechanical characteristics such that, in the order stated, they pass the tests specified in points 2 to 3.4.
1.3.
Electrical audible warning devices may incorporate a feature enabling the device to operate at a significantly lower sound pressure level volume.
1.4.
Mechanical audible warning devices shall be equipped with a thumb-operated lever, either of the puller bell type geared to rapidly rotate two loosely-slung metal discs inside the bell housing, or of the single stroke bell type.
2. Sound level measurements
2.1.
Audible warning devices shall preferably be tested in an anechoic environment. They may alternatively be tested in a semi-anechoic chamber or in a cleared outside space. In this case, precautions shall be taken to avoid reflections off the ground in the measuring area, e.g. by providing a number of absorbent screens. It shall be checked that the spherical distortion is no more than 1 dB(A) within a hemisphere of a radius of at least 5 m up to the maximum frequency to be measured, this mainly being in the direction of measurement and at the height of the device and microphone. The ambient noise shall be at least 10 dB(A) lower than the sound pressure levels to be measured. The device submitted for testing and the microphone shall be at the same height, which shall be between 1,15 and 1,25 m. The line of maximum sensitivity of the microphone shall coincide with the direction in which the sound level of the warning device is at its highest level.
The microphone shall be positioned such that its diaphragm is at a distance of 2 ± 0,01 m from the exit plane of the sound emitted by the device. In the case of devices with several exits, this distance shall be determined in relation to the exit plane closest to the microphone.
2.2.
The measurements of the sound pressure level shall involve the use of a class-1 precision sound-level meter meeting the requirements of IEC publication No 651, first edition (1979). All measurements shall be carried out using the ‘rapid’ time constant. The (A) weighting curve shall be used to measure the overall sound pressure levels.
The Fourier transform of the sound signal shall be used in measuring the emitted-sound spectrum. Alternatively, third-octave filters meeting the requirements set out in IEC publication No 225, first edition (1966), may be used, in which case the sound pressure level within the 2 500 Hz centre-octave frequency band shall be determined by adding the quadratic means of the sound pressures in the third-octave bands of centre frequencies of 2 000, 2 500 and 3 150 Hz.
In all cases, only the Fourier transform method may be regarded as a reference method.
2.3.
The electrical audible warning device shall be supplied with one of the following voltages, as appropriate:
2.3.1.
In the case of audible warning devices receiving direct current, a test voltage of 6,5, 13,0 or 26,0 V, measured at the output side of the electricity source and corresponding to a nominal voltage of 6, 12 or 24 V respectively.
2.3.2.
Where an audible warning device receives direct current which has to be supplied by an electrical generator of the type normally used with this type of device, the acoustic characteristics of the device shall be recorded at alternator speeds corresponding to 50 %, 75 % and 100 % of the maximum speed stated by the manufacturer of the alternator for continuous operation. The alternator shall be subject to no other electrical load during the test. The endurance test described in points 3 to 3.4 shall be carried out at a speed stated by the manufacturer of the equipment and selected from the range referred to above.
2.3.3.
If a rectified current is used for the test on an audible warning device receiving direct current, the unsmoothed component of the voltage at its terminals, measured from peak to peak during operation of the warning device, shall not exceed 0,1 V.
2.3.4.
The resistance of the electrical conductor for audible warning devices receiving direct current, including the resistance of the terminals and contacts, shall lie as close as possible to 0,05 Ω for a nominal voltage of 6 V, 0,10 Ω for a nominal voltage of 12 V and 0,20 Ω for a nominal voltage of 24 V.
2.4.
The mechanical audible warning device shall be tested as follows:
2.4.1.
The device to be tested shall be operated by a person or other external means, pushing the operating lever as recommended by the manufacturer. The presence of any operator shall have no noticeable influence on the test results. One measurement sequence consists of ten consecutive operations over the operating lever’s full travel within 4 ± 0,5 s. Five sequences shall be carried out, each interrupted by a pause. The complete operation shall be carried out five times.
2.4.2.
The A-weighted sound level shall be recorded for each of the 25 measurement sequences, shall be within 2,0 dB(A) and is averaged for the calculation of the final result.
2.5.
The audible warning device shall be rigidly mounted, using the part or parts intended for that purpose by its manufacturer, on a support of a mass at least 10 times greater than that of the warning device to be tested and at least 30 kg. The support shall be arranged in such a way that the reflections off its walls and the vibrations have no significant effect on the results of the measurements.
2.6.
Under the conditions set out above, the A-weighted sound level shall not exceed 115 dB(A) in case of electric audible warning devices and 95 dB(A) in case of mechanical audible warning devices.
2.7.
The sound pressure level within the 1 800 to 3 550 Hz frequency band of electric audible warning devices shall be higher than that of any frequency component above 3 550 Hz, and in any case at least 90 dB(A). The sound pressure level of mechanical audible warning devices shall be at least 80 dB(A).
2.8.
The characteristics set out in points 2.6 to 2.7 shall also be displayed by any audible warning device that has been subjected to the endurance test provided for in points 3 to 3.4.
2.8.1.
Any variation in voltage shall be between 115 % and 95 % of the rated value in the case of electrical audible warning devices receiving direct current, or between 50 % and 100 % of the maximum alternator speed stated by the manufacturer of the alternator for continuous operation in the case of electrical audible warning devices receiving alternating current.
2.9.
The time lag between actuation and the moment when the sound reaches the minimum value as required in points 2.6 to 2.7 shall not exceed 0,2 seconds measured at an ambient temperature of 293 ± 5 K (20 ± 5 °C). This requirement applies, in particular, to pneumatic or electro-pneumatic warning devices.
2.10.
Under the power supply conditions laid down by their manufacturers, pneumatic or electro-pneumatic warning devices shall yield the same acoustic performance as those required for normal electric audible warning devices.
2.11.
The minimum value as required in points 2.6 to 2.7 shall be obtained for each component of a multi-tone device which may emit sound independently. The maximum overall sound level shall be achieved with all of the component parts operating at the same time.
3. Endurance test
3.1.
The ambient temperature shall lie between 288 K and 303 K (15 °C and 30 °C).
3.2.
The electrical audible warning device shall be supplied with the nominal voltage at the conductor resistance specified in points 2.3.1 to 2.3.4, while in compliance with point 2.8.1, and be operated 10 000 times at a rate of one second of being activated followed by four seconds of not being activated. During the test, the audible warning device shall be exposed to a forced wind or draught with a speed of 10 m/s ± 2 m/s.
3.2.1.
If a test is conducted within an insulated chamber, that chamber shall be of sufficient volume to ensure normal dissipation of the heat given off by the warning device during the endurance test.
3.3.
When half of the total number of operations required has been completed, the electrical audible warning device may be reset if the characteristics of the sound level have altered since before the test. When the total number of operations required has been completed, the audible warning device may again be reset and shall subsequently meet the requirements of the tests specified in point 2.8.
3.4.
Four units of a type of mechanical audible warning device shall be subjected to the durability test. Each device shall be in new condition and shall not be lubricated during the test. It shall be activated 30 000 times over the full travel of the operating lever at a rate of 100 ± 5 operations per minute. The four devices shall then be subjected to a salt spray test according to EN ISO 9227:2012. Three out of the four units shall meet the requirements of the tests specified in point 2.8.
PART 2
Requirements for the approval of a type of vehicle with regard to the audible warning
1. Fitting requirements
1.1.
Vehicles of categories L1e-B, L2e and L6e shall be fitted with at least one electrical audible warning device which has been component type-approved pursuant to this Regulation or UNECE regulation No 28 (1).
1.2.
Vehicles of category L1e-B with a maximum design vehicle speed ≤ 25 km/h and a maximum continuous rated or net power ≤ 500 W may alternatively be fitted with a mechanical audible warning device which has been component type-approved pursuant to this Regulation, in which case the requirements of points 2.1.1 to 2.1.7 are not applicable.
1.3.
Vehicles of categories L3e, L4e and L5e shall meet all the relevant fitting requirements of UNECE regulation No 28.
1.3.1.
In the absence of specific instructions, the term ‘motor cycles’ in that regulation shall be construed as referring to vehicles of categories L3e, L4e and L5e.
1.4.
Vehicles of category L7e shall meet all the relevant fitting requirements of UNECE regulation No 28, as prescribed for vehicle category L5e.
1.5.
In the absence of specific requirements in UNECE regulation No 28 and as provided in point 1.3 of Part 1, audible warning or additional devices installed on vehicles which are propelled by means of one or more electric motors may incorporate a feature enabling the device to be intermittently activated in such a way that it operates at a significantly lower sound pressure level than required for audible warning devices, emitting a continuous, uniform sound with a sound spectrum that does not vary perceptibly during operation, with the aim to for instance alert pedestrians about the vehicle approaching.
2. Performance requirements of installed electric audible warning devices.
2.1.
For vehicles of categories L1e-B, L2e and L6e:
2.1.1
The test voltage shall be as laid down in points 2.3 to 2.3.2 in Part 1.
2.1.2.
The sound pressure levels shall be measured under the conditions laid down in point 2.2 in Part 1.
2.1.3.
The A-weighted sound pressure level emitted by the audible warning device(s) shall be measured at a distance of 7,0 m in front of the vehicle, the latter being placed on an open site, on ground as smooth as practicable and, if fitted with audible warning devices supplied with direct current, with its engine stopped.
2.1.4.
The microphone of the measuring instrument shall be placed in the mean longitudinal plane of the vehicle.
2.1.5.
The sound pressure level of the background noise and wind noise shall be at least 10 dB(A) below the sound to be measured.
2.1.6.
The maximum sound pressure level shall be sought within the range of 0,5 and 1,5 m above the ground.
2.1.7.
When measured under the conditions in points 2.1.1 to 2.1.5, the maximum sound level value as determined in point 2.1.6 shall be between 75 dB(A) and 112 dB(A).
2.2.
Vehicles of categories L3e, L4e and L5e shall meet all the relevant performance requirements of UNECE regulation No 28.
2.2.1.
In the absence of specific instructions, the term ‘motor cycles’ in that regulation shall be construed as referring to vehicles of categories L3e, L4e and L5e.
2.3.
Vehicles of category L7e shall meet all the relevant performance requirements of UNECE regulation No 28, as prescribed for vehicle category L5e.
(1) OJ L 323, 6.12.2011, p. 33.
ANNEX III
Requirements applying to braking, including anti-lock and combined braking systems
1. Requirements for the approval of a type of vehicle with regard to braking
1.1.
Vehicles of categories L1e, L2e, L3e, L4e and L5e shall meet all the relevant requirements of UNECE regulation No 78.
1.1.1.
Notwithstanding the requirements laid down in point 1.1, the provisions of points 1.1.1.1 to 1.1.1.3 apply for vehicles of category L1e with a mass in running order ≤ 35 kg which are equipped as follows:
1.1.1.1.
In braking devices where the transmission is hydraulic, receptacles containing the reserve fluid shall be exempted from the requirements regarding ease of fluid-level checking of the UNECE regulation mentioned above.
1.1.1.2.
For rim brakes, for the purposes of the special provisions relating to testing with wet brakes in the UNECE regulation mentioned above, the water shall be directed onto the part of the wheel rim providing the friction, with the nozzles positioned 10 to 30 mm to the rear of the brake blocks.
1.1.1.3.
For vehicles with wheel rims widths of 45 mm or less (code 1.75), as regards braking performance with the front brake only when laden to its technically permissible maximum mass, the stopping distance or corresponding mean fully developed deceleration (MFDD) shall be as prescribed in the UNECE regulation mentioned above. If this requirement cannot be achieved because of limited adhesion between tyre and road surface, the stopping distance S ≤ 0,1 + V2/115 with corresponding mean fully developed deceleration 4,4 m/s2 shall be applied for a test on a vehicle laden to its technically permissible maximum mass using both braking devices simultaneously.
1.1.2.
For the approval of a type of vehicle, the provisions set out in Annex VIII to Regulation (EU) No 168/2013 on the mandatory fitting of advanced brake systems shall apply.
1.2.
Vehicles of category L6e shall meet all the relevant requirements of UNECE regulation No 78, as prescribed for vehicle category L2e.
1.3.
Vehicles of category L7e shall meet all the relevant requirements of UNECE regulation No 78, as prescribed for vehicle category L5e.
ANNEX IV
Requirements regarding electrical safety
1. Requirements for the approval of a type of vehicle with regard to electrical safety
1.1. Vehicles which are propelled by means of one or more electric motors, including pure and hybrid electric vehicles, shall fulfil the requirements of this Annex.
2. General requirements concerning the protection against electrical shock and electrical safety applying to high voltage buses under conditions where they are not connected to external high voltage power supplies.
2.1. The protection against direct contact with live parts shall comply with the requirements set out below. The protections provided (e.g. solid insulator, barrier, enclosure) shall not be able of being opened, disassembled or removed without the use of tools.
The protection against access to live parts shall be tested in accordance with the provisions laid down in Appendix 3 — Protection against direct contacts of parts under voltage.
2.1.1. For protection of live parts inside the enclosed driving and passenger compartment as well as luggage compartment the protection degree IPXXD shall be met.
2.1.2. For protection of live parts in areas other than the enclosed driving and passenger compartment or luggage compartment, the protection degree IPXXB shall be met.
2.1.3. For protection of live parts of vehicles where no enclosed driving and passenger compartment is present, the protection degree IPXXD shall be met by the entire vehicle.
2.1.4. Connectors (including vehicle inlet) are deemed to meet the requirements if:
—
they also comply with the protection degree IPXXB when separated without the use of tools;
—
they are located underneath the vehicle floor and are provided with a locking mechanism (e.g. screw locking, bayonet locking);
—
they are provided with a locking mechanism and other components shall first be removed with the use of tools in order to separate the connector; or
—
the voltage of the live parts becomes ≤ DC 60 V or ≤ AC 30 V (rms) within one second after the connector is separated.
2.1.5. In case a service disconnect can be opened, disassembled or removed without the use of tools, the protection degree IPXXB shall be met under all these conditions.
2.1.6. Specific marking requirements
2.1.6.1.
In the case of a REESS having high voltage capability, the symbol shown in Figure 4-1 shall be placed on or near the REESS. The symbol background shall be yellow, the bordering and the arrow shall be black.
Figure 4-1
Marking of high voltage equipment
2.1.6.2.
The symbol shall in addition be placed on all enclosures and barriers, which when removed expose live parts of high voltage circuits. This provision is optional for connectors for high voltage buses and does not apply to any of the following cases:
—
Where barriers or enclosures cannot be physically accessed, opened, or removed unless other vehicle components are removed with the use of tools; or
—
Where barriers or enclosures are located underneath the vehicle floor.
2.1.6.3.
Cables for high voltage buses which are not located fully within enclosures shall be identified by having an outer covering with the colour orange.
2.2. The protection against indirect contact with live parts shall comply with the requirements set out below.
2.2.1. Concerning protection against electrical shock which could arise from indirect contact, the exposed conductive parts, such as the conductive barrier and enclosure, shall be securely galvanically connected to the electrical chassis for instance by connections with electrical wire, ground cable, welds or by connections using bolts so that no dangerous electric potential can exist.
2.2.2. The resistance between all exposed conductive parts and the electrical chassis shall be lower than 0,1 Ω when there is current flow of at least 0,2 A. This requirement is deemed as satisfied if the galvanic connection has been established by welding.
2.2.3. In the case of vehicles intended to be connected to a grounded external electric power supply through a conductive connection, a device enabling the galvanic connection of the electrical chassis to the earth ground shall be provided.
The device shall enable connection to the earth ground before external voltage is supplied to the vehicle and shall retain this connection until after the exterior voltage is removed from the vehicle.
Compliance with these requirements may be demonstrated by using the connector specified by the vehicle manufacturer or by other analysis.
2.2.3.1.
A galvanic connection of the electrical chassis to the earth ground does not need to be provided in the following cases:
—
the vehicle can only use a dedicated charger that is protected when any single isolation fault arises;
—
the vehicle’s whole metallic body is protected when any single isolation fault arises; or
—
the vehicle cannot be charged without completely removing the traction battery pack from the vehicle.
2.3. Isolation resistance shall comply with the requirements set out below.
2.3.1. Concerning electric power trains consisting of separate DC or AC-buses:
If AC buses and DC buses are galvanically isolated from each other, isolation resistance between all high voltage busses and the electrical chassis shall have a minimum value of 100 Ω/V of the working voltage for DC buses, and a minimum value of 500 Ω/V of the working voltage for AC buses.
The measurements shall be conducted in accordance with the provisions laid down in Appendix 1 — Isolation resistance measurement method.
2.3.2. Concerning electric power train consisting of combined DC- and AC-buses:
If AC high voltage buses and DC high voltage buses are galvanically connected isolation resistance between all high voltage busses and the electrical chassis shall have a minimum value of 500 Ω/V of the working voltage.
However, if all AC high voltage buses are protected by one of the two following measures, isolation resistance between the high voltage bus and the electrical chassis shall have a minimum value of 100 Ω/V of the working voltage:
—
double or more layers of solid insulators, barriers or enclosures that meet the requirements of points 2.1 to 2.1.6.3 independently, for example wiring harness; or
—
mechanically robust protections that have sufficient durability over vehicle service life such as motor housings, electronic converter cases or connectors;
The isolation resistance between the high voltage bus and the electrical chassis may be demonstrated by calculation, measurement or a combination of both.
The measurement shall be conducted according to Appendix 1 — Isolation resistance measurement method.
2.3.3. Concerning Fuel cell vehicles:
If the minimum isolation resistance requirement cannot be maintained over time, then protection shall be achieved by any of the following:
—
double or more layers of solid insulators, barriers or enclosures that meet the requirements of points 2.1 to 2.1.6.3 independently; or
—
on-board isolation resistance monitoring system together with a warning to the driver if the isolation resistance drops below the minimum required value. The isolation resistance between the high voltage bus of the coupling system for charging the REESS, which is not energised besides during charging the REESS, and the electrical chassis need not be monitored.
The correct functioning of the on-board isolation resistance monitoring system shall be tested as described in Appendix 2 — Confirmation method for function of on-board isolation resistance monitoring system.
2.3.4. Isolation resistance requirements for the coupling system for charging the REESS.
The vehicle inlet or the recharge cable when permanently connected to the vehicle, intended to be conductively connected to the grounded external AC power supply and the electrical circuit that is galvanically connected to the vehicle inlet/recharge cable during charging of the REESS, shall have an isolation resistance between the high voltage bus and the electrical chassis of at least 1,0 MΩ when the charger coupler is disconnected. During the measurement, the traction battery may be disconnected.
3. Requirements concerning the REESS
3.1. Protection in case of excessive current.
The REESS shall not overheat in case of excessive current or, if the REESS is prone to overheating due to excessive current, it shall be equipped with one or more protective devices such as fuses, circuit breakers and/or main contactors.
When applicable, the vehicle manufacturer shall supply relevant data and analysis proving that overheating from excessive current is prevented without the use of protective devices.
3.2. Prevention of accumulation of gas.
Places for containing open type traction battery that may produce hydrogen gas shall be provided with a ventilation fan or a ventilation duct or any other suitable means to prevent the accumulation of hydrogen gas. Vehicles with open type framework that do not allow accumulation of hydrogen gas at such places are not required to have a ventilation fan or a ventilation duct.
3.3. Protection against electrolyte spills.
Electrolyte shall not spill from the vehicle when the vehicle is tilted in any direction, leaned left or right against the ground or even when the REESS is put upside-down.
In case electrolyte is spilled from the REESS or its components due to other reasons, it shall not reach the driver nor any person on or around the vehicle during normal conditions of use, parked condition (i.e. also when the vehicle is parked on a slope) or any other normal functional operation.
3.4. Accidental or unintentional detachment.
The REESS and its components shall be installed in the vehicle in such a way so as to preclude the possibility of inadvertent or unintentional detachment or ejection of the REESS.
The REESS and its components shall not be ejected when the vehicle is tilted in any direction, leaned left or right against the ground or even when the REESS is put upside-down
4. In-use safety requirements
4.1. Propulsion system power-on and power-off procedure
4.1.1. At the start-up, including system power-on, in order to select the active driving possible mode, at least two deliberate and distinctive actions shall be performed by the driver.
4.1.2. At least a momentary indication shall be given to the rider when the vehicle is switched in active driving possible mode, however, this provision does not apply under conditions where an internal combustion engine provides directly or indirectly the vehicle’s propulsion power.
4.1.3. When leaving the vehicle, the rider shall be informed by a signal (e.g. optical or audible signal) if the vehicle is still in the active driving possible mode.
4.1.4. If the on-board REESS can be externally charged by the driver, vehicle movement by its own propulsion system shall be impossible as long as the connector of the external electric power supply is physically connected to the vehicle inlet. Compliance with this requirement shall be demonstrated by using the connector specified by the vehicle manufacturer.
In case of permanently connected charge cables, the requirement above is deemed to be met when use of the charge cable obviously prevents the use of the vehicle (e.g. cable is always routed over operator controls, rider’s saddle, driver’s seat, handle bar or steering wheel, or the seat covering the cable storage space needs to remain in open position).
4.1.5. If a vehicle is equipped with a drive direction control unit (i.e. reversing device) the state of this unit shall be identified to the rider.
4.1.6. It is permitted that only one action is required to deactivate the active driving possible mode or to complete the power-off procedure.
4.2. Driving with reduced power
4.2.1. Indication of reduced power
If the electric propulsion system is equipped with a means to automatically reduce the vehicle propulsion power (e.g. powertrain malfunction operating mode), significant reductions shall be indicated to the rider.
4.2.2. Indication of low energy content of REESS
If the state of charge in the REESS has a significant impact on vehicle driving performance (i.e. acceleration and drivability, to be evaluated by the Technical Service together with the vehicle manufacturer), a low energy content shall be indicated to the rider by an obvious device (e.g. a visual or audible signal). The indication used for point 4.2.1 shall not be used for this purpose.
4.3. Driving backwards
It shall not be possible to activate the vehicle reverse control function whilst the vehicle is in forward motion.
4.4. Determination of hydrogen emissions
4.4.1. This verification shall be carried out on all vehicle types equipped with open type traction batteries and all requirements shall be met.
4.4.2. Vehicles shall be equipped with on-board chargers. The tests shall be conducted following the method described in Annex 7 to UNECE regulation No 100 (1). The hydrogen sampling and analysis shall be the ones as prescribed, however, other analysis methods may be used provided that it can be demonstrated that these give equivalent results.
4.4.3. During a normal charge procedure under the conditions given in Annex 7 to UNECE regulation No 100, hydrogen emissions shall be 125 g measured over 5 hours, or below (25 × t2) (g) during t2 (h).
4.4.4. During a charge carried out by an on-board charger presenting a failure (conditions given in Annex 7 to UNECE regulation No 100), hydrogen emissions shall be below 42 g. Furthermore the on-board charger shall limit this possible failure to 30 minutes.
4.4.5. All the operations linked to the REESS charging shall be controlled automatically, included the stop for charging.
4.4.6. It shall not be possible to manually override the charging phases.
4.4.7. Normal operations of connection and disconnection to the mains or power cuts shall not affect the control system of the charging phases.
4.4.8. Charging failures that can lead to a malfunction of the on-board charger during subsequent charging procedures shall be permanently signalled to the driver or clearly indicated to the operator about to commence a charging procedure.
4.4.9. Detailed instructions concerning the charging procedure and a statement of conformity to the requirements as set out in points 4.4.1 to 4.4.8 shall be included in the vehicle’s instruction manual.
4.4.10. Test results obtained from other vehicle types common to those within the same family, in accordance with the provisions laid down in Appendix 2 of Annex 7 to regulation No 100, may be applied.
(1) OJ L 57, 2.3.2011, p. 54.
Appendix 1
Isolation resistance measurement method for vehicle based test
1. General
The isolation resistance for each high voltage bus of the vehicle shall be measured or shall be determined by calculation using measurement values from each part or component unit of a high voltage bus (hereinafter referred to as the ‘divided measurement’).
2. Measurement method
The isolation resistance measurement shall be conducted by selecting an appropriate measurement method from among those listed in points 2.1 to 2.2, depending on the electrical charge of the live parts or the isolation resistance, etc.
The range of the electrical circuit to be measured shall be clarified in advance, using electrical circuit diagrams, etc.
Moreover, modification necessary for measuring the isolation resistance may be carried out, such as removal of the cover in order to reach the live parts, drawing of measurement lines, change in software, etc.
In cases where the measured values are not stable due to the operation of the on-board isolation resistance monitoring system, etc., necessary modification for conducting the measurement may be carried out, such as stopping of the operation of the device concerned or removing it. Furthermore, when the device is removed, it shall be proven, using drawings, etc., that it will not change the isolation resistance between the live parts and the electrical chassis.
Utmost care shall be exercised as to short circuit, electric shock, etc., for this confirmation might require direct operations of the high-voltage circuit.
2.1. Measurement method using voltage from off-vehicle sources
2.1.1. Measurement instrument
An isolation resistance test instrument capable of applying a DC voltage higher than the working voltage of the high voltage bus shall be used.
2.1.2. Measurement method
An insulator resistance test instrument shall be connected between the live parts and the electrical chassis. Then, the isolation resistance shall be measured by applying a DC voltage at least half of the working voltage of the high voltage bus.
If the system has several voltage ranges (e.g. because of boost converter) in galvanically connected circuit and some of the components cannot withstand the working voltage of the entire circuit, the isolation resistance between those components and the electrical chassis can be measured separately by applying at least half of their own working voltage with those component disconnected.
2.2. Measurement method using the vehicle’s own REESS as DC voltage source
2.2.1. Test vehicle conditions
The high voltage-bus shall be energised by the vehicle’s own REESS and/or energy conversion system and the voltage level of the REESS and/or energy conversion system throughout the test shall be at least the nominal operating voltage as specified by the vehicle manufacturer.
2.2.2. Measurement instrument
The voltmeter used in this test shall measure DC values and shall have an internal resistance of at least 10 MΩ.
2.2.3. Measurement method
2.2.3.1. First step
The voltage is measured as shown in Figure 4-Ap1-1 and the high voltage bus voltage (Vb) is recorded. Vb shall be equal to or greater than the nominal operating voltage of the REESS and/or energy conversion system as specified by the vehicle manufacturer.
Figure 4-Ap1-1
Measurement of Vb, V1, V2
2.2.3.2. Second step
Measure and record the voltage (V1) between the negative side of the high voltage bus and the electrical chassis (see Figure 4-Ap1-1).
2.2.3.3. Third step
Measure and record the voltage (V2) between the positive side of the high voltage bus and the electrical chassis (see Figure 4-Ap1-1).
2.2.3.4. Fourth step
If V1 is greater than or equal to V2, insert a standard known resistance (Ro) between the negative side of the high voltage bus and the electrical chassis. With Ro installed, measure the voltage (V1’) between the negative side of the high voltage bus and the electrical chassis (see Figure 4-Ap1-2).
Calculate the electrical isolation (Ri) according to the following formula:
or
Figure 4-Ap1-2
Measurement of V1’
If V2 is greater than V1, insert a standard known resistance (Ro) between the positive side of the high voltage bus and the electrical chassis. With Ro installed, measure the voltage (V2’) between the positive side of the high voltage bus and the electrical chassis (see Figure 4-Ap1-3). Calculate the electrical isolation (Ri) according to the formula shown. Divide this electrical isolation value (in Ω) by the nominal operating voltage of the high voltage bus (in V).
Calculate the electrical isolation (Ri) according to the following formula:
or
Figure 4-Ap1-3
Measurement of V2’
2.2.3.5. Fifth step
The electrical isolation value Ri (in Ω) divided by the working voltage of the high voltage bus (in volts) results in the isolation resistance (in Ω/V).
Note: The standard known resistance Ro (in Ω) should be the value of the minimum required isolation resistance (in Ω/V) multiplied by the working voltage of the vehicle plus/minus 20 per cent (in V). Ro is not required to be precisely this value since the equations are valid for any Ro; however, a Ro value in this range should provide good resolution for the voltage measurements.
Appendix 2
Confirmation method for function of on-board isolation resistance monitoring system
1.
The function of the on-board isolation resistance monitoring system shall be confirmed by the following method: Insert a resistor that does not cause the isolation resistance between the terminal being monitored and the electrical chassis to drop below the minimum required isolation resistance value. The warning shall be activated.
Appendix 3
Protection against direct contacts of parts under voltage
1. Access probes
Access probes to verify the protection of persons against access to live parts are given in Table 4-Ap3-1.
2. Test conditions
The access probe is pushed against any openings of the enclosure with the force specified in Table 4-Ap3-1. If it partly or fully penetrates, it is placed in every possible position, but in no case shall the stop face fully penetrate through the opening.
Internal barriers are considered part of the enclosure
A low-voltage supply of ≥ 40 V and ≤ 50 V in series with a suitable lamp shall be connected, if necessary, between the probe and live parts inside the barrier or enclosure.
The signal-circuit method shall also be applied to the moving live parts of high voltage equipment.
Internal moving parts may be operated or otherwise repositioned slowly, where this is possible.
3. Acceptance conditions
The access probe shall not touch live parts.
If this requirement is verified by a signal circuit between the probe and live parts, the lamp shall not light up.
In the case of the test for IPXXB, the jointed test finger may penetrate to its 80 mm length, but the stop face (diameter 50 mm x 20 mm) shall not pass through the opening. Starting from the straight position, both joints of the test finger shall be successively bent through an angle of up to 90 degree with respect to the axis of the adjoining section of the finger and shall be placed in every possible position.
In case of the tests for IPXXD, the access probe may penetrate to its full length, but the stop face shall not fully penetrate through the opening.
Table 4-Ap3-1
Access probes for the tests for protection of persons against access to hazardous parts
First numeral
Addit. letter
Access probe
Test force
B
Jointed test finger
See Figure 4-Ap3-1 below for full dimensions
10 N ± 10 %
4, 5, 6
D
Test wire 1,0 mm diameter 100 mm long
1 N ± 10 %
Figure 4-Ap3-1
Jointed test finger
ANNEX V
Requirements applying to manufacturers’ declaration regarding endurance testing of functional safety critical systems, parts and equipment
1. Requirements for the approval of a type of vehicle with regard to endurance testing
1.1. For the purpose of the statement in conformity with Article 22(2) of, and Annex VIII to, Regulation (EU) No 168/2013:
Vehicles and their systems, parts and equipment critical for functional safety shall be capable of withstanding use under normal conditions and when serviced in accordance with the manufacturer’s recommendations, taking into account regular and scheduled maintenance and specific equipment adjustments carried out as per the clear and unambiguous instructions provided by the vehicle manufacturer in the instruction manual provided with the vehicle.
The normal use of a vehicle shall cover five years after first registration and a total distance travelled equal to 1,5 times the distance as specified in Annex VII to Regulation (EU) No 168/2013 in direct relation to the vehicle category in question and the emission stage (i.e. Euro level) according to which the vehicle is to be type-approved, however, the required distance shall not exceed 60 000 km for any vehicle category. Normal use does not include use under harsh conditions (e.g. extreme cold or heat) and road conditions inflicting damage to the vehicle due to its state of repair.
1.2. Type-approved tyres, replaceable light sources of lighting components and other consumable items are excluded from the endurance requirements.
1.3. The vehicle manufacturer is not obliged to surrender information such as a file containing proprietary information pertaining to company data concerning endurance testing procedures and other related internal practices.
1.4. The manufacturer’s statement is without prejudice to its warranty obligations towards the owner of the vehicle.
ANNEX VI
Requirements applying to front and rear protective structures
1. Requirements for the approval of a type of vehicle with regard to front and rear protective structures
1.1.
If the requirements of UNECE regulation No 26 as regards the external projections have been applied to the entire vehicle, as provided through the relevant provisions of Annex II(C)(7) to Regulation (EU) 168/2013, the requirements of this Annex are deemed met.
1.2.
If the requirements of UNECE regulation No 26 as regards the external projections have not been applied, or have been applied only partly to the vehicle as permitted through the relevant provisions of Annex II(C)(7) to Regulation (EU) 168/2013, the following requirements shall be met:
1.2.1.
Vehicles of which the relevant front structure has been fully assessed in accordance with UNECE regulation No 26 are deemed to comply with the requirements on front protective structures.
1.2.2.
Vehicles with a single front wheel and of which the external projections forward of the front axle have been assessed by means of the testing device in accordance with the relevant provisions of Annex II(C)(7) to Regulation (EU) 168/2013, are deemed to comply with the requirements on front protective structures.
1.2.3.
Vehicles with more than one front wheel and of which the relevant front structure has not been fully assessed in accordance with UNECE regulation No 26 shall meet the following requirements:
1.2.3.1.
At least two thirds of the maximum width of the forward section of the vehicle, measured at the location of the front axle or in front of it, shall consist of vehicle structure forward of the transverse line which is halfway between the front axle and the foremost point of the vehicle (i.e. the relevant structure, see Figure 6-1). The location, in terms of height, of this structure is relevant only above the floor line and below 2,0 m.
Figure 6-1
Relevant structure of the forward section of the vehicle
1.2.3.2.
None of the vehicle structure forward of the line described in point 1.2.3.1 shall have pointed or sharp parts or projections which are directed outwards and which are likely to catch or significantly increase the severity of injuries or chance of lacerations to vulnerable road users in the event of a collision while the vehicle is being driven forward. The structure shall in any case exhibit no edges which can be contacted by a 100 mm sphere and which have a radius of curvature of less than 2,5 mm. Edges may however be blunted where their projection is less than 5,0 mm and there are no specific requirements for edges with a projection of less than 1,5 mm.
1.2.4.
Vehicles which are not equipped with a device for reversing are exempted from the requirements on rear protective structures in points 1.2.5 to 1.2.6.2.1.
1.2.5.
Vehicles which are equipped with a device for reversing and of which the relevant rear structure has been fully assessed in accordance with UNECE regulation No 26 are deemed to comply with the requirements applying to rear protective structures.
1.2.6.
Vehicles which are equipped with a device for reversing and of which the relevant rear vehicle structure has not been fully assessed in accordance with UNECE regulation No 26 shall meet the following requirements:
1.2.6.1.
At least two thirds of the width of the vehicle, as measured at the rear axle, shall consist of vehicle structure (i.e. the relevant structure, see Figure 6-2). The location, in terms of height, of this structure is relevant only above the floor line and below 2,0 m.
Figure 6.2
1.2.6.2.
None of the structure rearward of the rear axle shall have pointed or sharp parts or projections which are directed outwards and which are likely to catch or significantly increase the severity of injuries or chance of lacerations to vulnerable road users in the event of a collision while the vehicle is being driven rearward. The structure shall in any case exhibit no edges which can be contacted by a 100 mm sphere and which have a radius of curvature of less than 2,5 mm. Edges may however be blunted where their projection is less than 5,0 mm and there are no specific requirements for edges with a projection of less than 1,5 mm.
1.2.6.2.1.
In case of vehicles of categories L2e-U, L5e-B, L6e-BU and L7e-CU, the edges which can be contacted by a 100 mm sphere shall at least be blunted when their projection is 1,5 mm or more.
1.3.
If the material hardness is measured upon request of the technical service, the measurement shall be taken with the material as installed on the vehicle. Where it is impossible to carry out such a measurement correctly, the technical service may accept alternative assessment methods.
ANNEX VII
Requirements applying to glazing, windscreen wipers and washers, and defrosting and demisting systems
PART 1
Requirements for the approval of a type of vehicle with regard to glazing
1. Fitting requirements.
1.1.
Vehicles shall be fitted only with safety glazing.
1.1.1.
All safety glazing fitted to the vehicle shall be type-approved in accordance with UNECE regulation No 43.
1.1.2.
Safety glazing shall be fitted in such a way that, despite the stresses to which the vehicle is subject under normal operating conditions, it remains in position and continues to afford visibility and safety to the occupants or riders of the vehicle.
1.1.3.
Plastic windscreens which are fitted to vehicles without bodywork and which are not supported at the top are not deemed to be safety glazing and are exempted from the requirements laid down in this Annex.
1.1.3.1.
By way of derogation to Article 2(5) and for the purpose of this Annex, a vehicle is deemed to have bodywork if there are structural elements such as A-pillars or a rigid frame around the windscreen, in combination with other possible elements such as side doors, side windows and/or a roof creating an enclosed or partly enclosed compartment and the technical service shall provide clear justification for the judgment criteria in the test report.
2. Specific provisions
2.1.
Vehicles of category L shall meet all the relevant requirements set out in Annex 21 to UNECE regulation No 43, as prescribed for vehicle category M1.
2.1.1.
Points 4.2.1.2 and 4.2.2.2 of Annex 21 to UNECE regulation No 43 shall not apply. Instead, flexible-plastic glazing bearing the approval mark ‘IX’ may be fitted as safety glazing other than windscreens.
2.1.2.
Rigid plastic safety glazing, provided that it is type-approved and bears the approval mark ‘VIII /A/L’ or ‘X /A/L’, may be fitted as a windscreen on vehicles of categories L1e, L2e, L3e, L4e and L5e.
2.1.3.
Vehicles of categories L5e-B, L6e-B and L7e-C shall be fitted with a windscreen forming a part of the enclosed driving and passenger compartment.
PART 2
Requirements for the approval of a type of vehicle with regard to windscreen wipers and washers
1. Fitting requirements
1.1. All vehicles fitted with a windscreen made from safety glazing shall be equipped with a windscreen wiper system that can function when the vehicle master control switch has been activated, without any action by the driver other than switching on the operating control for starting and stopping the windscreen wiper system.
1.1.1. The windscreen wiper system shall consist of one or more wiper arms with wiper blades that are easily replaceable and can be cleaned manually. Wiper arms shall be fitted in such a way that they can be folded away from the windscreen.
1.1.2. The windscreen wiper field shall cover at least 90 % of vision area A, as determined in accordance with Appendix 1.
1.1.2.1.
The windscreen wiper field shall meet the requirements when the system is operating at a sweep frequency corresponding to point 1.1.3. The windscreen wiper field shall be assessed under the conditions set out in points 2.1.10 to 2.1.10.3.
1.1.3. The windscreen wiper shall have a sweep frequency of at least 40 cycles per minute, to be attained under the conditions specified in points 2.1.1 to 2.1.6 and 2.1.8.
1.1.4. The windscreen wiper system shall be capable of operating for two minutes on a dry windscreen without deterioration of performance.
1.1.4.1.
The performance of the windscreen wiper system on a dry windscreen shall be tested under the conditions set out in point 2.1.11.
1.1.5. The windscreen wiper system shall be capable of withstanding stalling for at least 15 seconds. The use of automatic circuit protection devices is allowed, provided that no action is required for possible resetting other than operation of the windscreen wiper operating control.
1.1.5.1.
The capability of withstanding stalling shall be tested under the conditions set out in point 2.1.7.
1.2. All vehicles fitted with a windscreen made from safety glazing shall be fitted with a windscreen washer system that can function when the vehicle master control switch has been activated and is capable of withstanding the loads and pressures resulting when the nozzles are plugged and the system is actuated according to the procedure set out in points 2.2.1.1 to 2.2.1.1.2.
1.2.1. The performance of the windscreen washer system shall not be adversely affected by exposure to the temperature cycles referred to in points 2.2.1 to 2.2.3.1.
1.2.2. The windscreen washer system shall be capable of spraying fluid onto the target area of the windscreen without any trace of leakage, disconnection of any tubing and malfunctioning of any nozzle, at normal conditions when subjected to ambient temperatures between 255 K and 333 K (– 18 °C and 60 °C). In addition, when the nozzles are blocked, the system shall show no signs of leakage and disconnection of any tubing.
1.2.3. The windscreen washer system shall be capable of delivering sufficient fluid to clear at least 60 % of vision area A, as determined in accordance with Appendix 1, under the conditions set out in points 2.2.5 to 2.2.5.4.
1.2.4. The windscreen washer system shall be capable of being activated manually by means of the washer control. In addition, activation and deactivation of the system may be coordinated and combined with any other vehicle system.
1.2.5. The capacity of the reservoir containing the liquid shall not be less than 1,0 litre.
1.2.6. A windscreen washer system which has been approved as a separate technical unit in accordance with Commission Regulation (EU) No 1008/2010 (1) may be installed, provided that the provisions of point 2.2.6 are complied with.
2. Test procedure
2.1. Windscreen wiper system test conditions.
2.1.1. The tests described below shall be carried out under the conditions stated in points 2.1.2 to 2.1.5 unless specified otherwise.
2.1.2. The ambient temperature shall be between 278 K and 313 K (5 °C and 40 °C).
2.1.3 The windscreen shall be kept constantly wet.
2.1.4. Electric windscreen wiper systems shall meet the following additional conditions:
2.1.4.1.
All batteries shall be fully charged at the start of the test.
2.1.4.2.
The engine, if fitted, shall run at a speed not exceeding 30 % of the speed corresponding to its maximum power output. However, if this is proven not to be practicable due to specific engine control strategies, for instance in the case of electric hybrid vehicles, a realistic scenario shall be determined, taking into account the engine speeds and periodical or complete absence of a running engine during normal driving conditions. If the windscreen wiper system can meet the requirements without a running engine, the engine does not have to run at all.
2.1.4.3.
The passing beam headlamps shall be switched on.
2.1.4.4.
All fitted heating, ventilation, defrosting and demisting systems (regardless of their location in the vehicle) shall be operating at maximum electrical consumption.
2.1.5. Compressed air or vacuum operated windscreen wiper systems shall be capable of functioning continuously at the prescribed sweep frequencies whatever the engine speed and engine load or minimum and maximum battery charge levels specified by the manufacturer for normal operation.
2.1.6. The sweep frequency of the windscreen wiper system shall comply with the requirements of point 1.1.3 after a preliminary operating time of 20 minutes on a wet windshield.
2.1.7. The requirements of point 1.1.5 shall be satisfied when the wiper arms are restrained in a position corresponding to half a cycle, for a period of 15 seconds with the windscreen wiper control set at the maximum sweep frequency.
2.1.8. The outer face of the windscreen shall be thoroughly degreased by means of methylated spirit or an equivalent degreasing agent. After drying, a solution of ammonia of not less than 3 % and not more than 10 % shall be applied. The surface shall be allowed to dry again and then be wiped with a dry cotton cloth.
2.1.9. A coating of the test mixture, complying with the specifications laid down in Appendix 2, shall be applied uniformly to the outer surface of the windscreen and allowed to dry.
2.1.9.1.
Where the outer face of the windscreen has been prepared in accordance with points 2.1.8 and 2.1.9, the windscreen washer system may be used during the relevant tests.
2.1.10. The wiper field of the windscreen wiper system, as prescribed in point 1.1.2, shall be determined as follows:
2.1.10.1.
The outer face of the windscreen shall be treated in accordance with points 2.1.8 and 2.1.9.
2.1.10.2.
In order to verify that the requirements of point 1.1.2 are met, the windscreen wiper system shall be activated, taking into account point 2.1.9.1, and a trace of the wiper field shall be made and compared with a trace of vision area A, as determined in accordance with Appendix 1.
2.1.10.3.
The technical service may agree to an alternative test procedure (e.g. virtual testing) to verify that the requirements of point 1.1.2 are met.
2.1.11. The requirements of point 1.1.4 shall be satisfied under the conditions of point 2.1.2. The vehicle shall be prepared for operation under the conditions set out in points 2.1.4 to 2.1.5. During the test, the wiper system shall operate normally, but at the maximum sweep frequency. The wiper field does not have to be observed.
2.2. Windscreen washer system test conditions.
2.2.1. Test No 1: The windscreen washer system shall be filled with water, fully primed and placed in an ambient temperature of 293 ± 2 K (20 ± 2 °C) for a minimum of four hours. The water shall be stabilised at this temperature.
2.2.1.1.
All nozzle outlets shall be plugged and the windscreen washer control shall be actuated six times in one minute, each time for at least three seconds.
2.2.1.1.1
If the windscreen washer system is powered by the muscular energy of the driver, the force applied shall be 11,0 to 13,5 daN if a hand-operated washer pump is used, or 40,0 to 44,5 daN if a foot-operated washer pump is used.
2.2.1.1.2.
Where electric washer pumps are used, the test voltage shall not be less than the rated voltage and not more than the rated voltage plus 2 Volt.
2.2.1.2.
The performance of the windscreen washer system at the end of the test shall be in compliance with point 1.2.2..
2.2.2. Test No 2. The windscreen washer system shall be filled with water, fully primed, and placed in an ambient temperature of 255 ± 3 K (– 18 ± 3 °C) for a minimum of four hours, ensuring that all the water contained in the device is frozen. The device is then exposed to an ambient temperature of 293 ± 2 K (20 ± 2 °C) until the ice has completely melted.
2.2.2.1.
The performance of the windscreen washer system shall then be verified by actuating the system in accordance with points 2.2.1.1 to 2.2.1.2.
2.2.3. Test No 3. The windscreen washer system shall be filled with water of a temperature of 333 ± 3 K (60 ± 3 °C).
2.2.3.1.
The performance of the windscreen washer system shall then be verified by actuating the system in accordance with points 2.2.1.1 to 2.2.1.2.
2.2.4. The windscreen washer system tests set out in points 2.2.1 to 2.2.3.1 shall be carried out in sequence on the same windscreen washer system. The system may be tested either as installed on the vehicle type for which EC type-approval is sought, or separately.
2.2.5. Test No 4: Windscreen washer system capability test
2.2.5.1.
The windscreen washer system shall be filled with water and fully primed. With the vehicle stationary and no significant wind effect, the nozzle(s) may, if possible, be adjusted so as to point towards the target area on the outer face of the windscreen.
2.2.5.2.
The outer face of the windscreen shall be treated as prescribed in points 2.1.8 and 2.1.9.
2.2.5.3.
The windscreen washer system shall be actuated according to the manufacturer’s instructions, taking into account points 2.2.1.1.1 and 2.2.1.1.2. The total duration of the test shall not exceed 10 complete cycles of automatic operation of the windscreen wiper system operating at the maximum sweep frequency.
2.2.5.4.
In order to verify that the requirements of point 1.2.3 are met, a trace of the relevant cleaned area shall be made and compared with a trace of vision area A, as determined in accordance with Appendix 1. If it is clear to the observer that the requirements are met, the traces do not have to be prepared.
2.2.6. Where a type-approved separate technical unit is installed on the vehicle, in accordance with point 1.2.6, only the test set out in points 2.2.5 to 2.2.5.4 needs to be carried out on the windscreen washer system.
Appendix 1 to Part 2
Procedure for determining vision areas on windscreens of vehicles
Vision area A is established in accordance with Annex 18 to UNECE regulation 43.
Appendix 2 to Part 2
Specifications of the mixture for testing the windscreen wiper and washer systems
The test mixture referred to in point 2.1.9 of Part 2 shall comply with Appendix 4 to Annex III to Regulation (EU) No 1008/2010.
Appendix 3 to Part 2
Procedure for verification of the R-point or seating reference point
The R-point or seating reference point is established in accordance with Annex 3 to UNECE regulation No 17.
Appendix 4 to Part 2
Procedure for determining primary reference marks in the three-dimensional reference system
The dimensional relationships between primary reference marks on drawings and their position on the vehicle are established in accordance with Annex 4 to UNECE regulation No 125 (2).
PART 3
Requirements for the approval of a type of vehicle with regard to defrosting and demisting systems
1. Fitting requirements
1.1.
All vehicles fitted with a windscreen made from safety glazing, except vehicles of categories L2e and L6e as well as any vehicles not fitted with side doors capable of covering the door aperture by at least 75 %, either as standard or optional equipment, shall be equipped with a system for removing frost and ice from the exterior glazed surface of the windscreen and removing mist from the interior glazed surface of the windscreen. The windscreen defrosting and demisting system shall be effective enough to ensure adequate visibility through the windscreen in cold weather.
1.1.1.
Vehicles with a maximum power not exceeding 15 kW shall meet all the relevant requirements of UNECE regulation No 122 (3), as prescribed for vehicle category M1.
1.1.2.
Vehicles with a maximum power exceeding 15 kW shall meet all the relevant requirements of Commission Regulation (EU) No 672/2010 (4), as prescribed for vehicle category M1.
1.2.
However, if the windscreen is fitted in such a way that no vehicle structure attached to the windscreen extends rearwards for more than 100 mm, with any detachable or retractable door or roof installed and in the closed position, the defrosting and demisting system is not required.
(1) OJ L 292, 10.11.2010, p. 2.
(2) OJ L 200, 31.7.2010, p. 38.
(3) OJ L 164, 30.6.2010, p. 231.
(4) OJ L 196, 28.7.2010, p. 5.
ANNEX VIII
Requirements applying to driver-operated controls including identification of controls, tell-tales and indicators
1. Requirements for the approval of a type of vehicle with regard to identification of controls, tell-tales and indicators
1.1. Identification of controls, tell-tales and indicators
1.1.1. Vehicles of categories L1e-B and L3e shall meet all the relevant requirements of UNECE regulation No 60 except those in Annex 3 to that regulation. The requirements of points 1.1.1.1 and 1.1.1.2 shall also be taken into account.
1.1.1.1. It shall be ensured that no deviations in the shape and orientation of the provided symbols are permitted.
1.1.1.2. It shall further be ensured that the corresponding requirements of points 2 to 2.2.1.6 are met with respect to functions for which no symbol is provided in UNECE regulation No 60, but for which symbols are provided in this Regulation.
1.1.2. Vehicles of category L4e shall meet all the relevant requirements in points 1.1.1 to 1.1.1.2 for vehicle category L3e.
1.1.3. Vehicles of categories L2e, L5e, L6e and L7e shall meet the requirements of point 2 to 2.2.1.6 or, alternatively, the relevant requirements of UNECE regulation No 121 (1), as prescribed for vehicle category M1.
1.2. Speedometer and odometer
1.2.1. Vehicles with a maximum design vehicle speed exceeding 25 km/h shall be fitted with a speedometer as well as an odometer.
1.2.1.1. Vehicles of categories L1e, L2e, L3e, L4e and L5e fitted with a speedometer shall meet all the relevant requirements of UNECE regulation No 39.
1.2.1.2. Vehicles of category L6e fitted with a speedometer shall, in the absence of specific requirements for vehicles of that category, meet all the relevant requirements of UNECE regulation No 39, as prescribed for vehicle category L2e.
1.2.1.3. Vehicles of category L7e fitted with a speedometer shall, in the absence of specific requirements for vehicles of that category, meet all the relevant requirements of UNECE regulation No 39, as prescribed for vehicle category L5e.
1.2.2. Explanatory notes to UNECE regulation No 39
1.2.2.1. The technical service may accept an increased temperature range of 296 ± 15 K (23 ± 15 °C) instead of the range stated in point 5.2.3 of UNECE regulation No 39 if it can be demonstrated that the speedometer equipment is not sensitive to such temperature variations (e.g. with digital displays).
2. Specific requirements
2.1. Controls, tell-tales and indicators fitted to the vehicle and listed in point 2.1.10 shall comply with the requirements regarding location, identification, colour and illumination. For functions for which no symbol is provided in this Regulation, the manufacturer may use a symbol following the appropriate ISO 6727:2012 or 2575:2010/Amd1:2011 standards. Where no ISO symbol is available, the manufacturer may use a symbol of its own conception. In any case, such symbol shall not cause confusion with any prescribed symbol.
2.1.1. The symbols shall stand out clearly against the background.
2.1.1.1. Contrasting colours shall be used to comply with the requirements of point 2.1.1.
2.1.2. The symbols shall be placed on the control or control tell-tale to be identified, or in immediate proximity thereof. Where this is not possible, the symbol and control or tell-tale shall be joined by a continuous dash that is as short as possible.
2.1.3. Deviations in the shape of the provided symbols are not permitted.
2.1.4. If necessary for clarity, supplementary symbols may be used in conjunction with any symbol as specified, provided that they do not cause confusion with any symbol specified in this Regulation.
2.1.5. At the manufacturer’s discretion, any control or indicator as well as their identifications may be capable of being illuminated at any time.
2.1.6. A tell-tale shall not emit light except when identifying the malfunction or vehicle condition it is designed to indicate or during a functional check (e.g. bulb check).
2.1.7. Means shall be provided to ensure that tell-tales and their identification are visible and recognisable under all driving conditions.
2.1.7.1. When illuminated, tell-tales and their associated identifying symbols shall be perfectly visible and recognisable under all ambient lighting conditions.
2.1.8. When used for optical tell-tales, the following colours shall have the meanings indicated:
—
red: danger to persons or very serious damage to equipment is immediate or imminent,
—
yellow: outside normal operating limits, vehicle system malfunction, damage to vehicle likely, or other condition which may produce hazard in the longer term (caution),
—
green: safety, normal operating condition (except if blue or yellow is required).
The mandatory colours are given in point 2.1.10. It shall be verified that no inappropriate colour is used for tell-tales even if fitted cumulatively (e.g. red for normal cruise control operation or for ‘sport’ mode).
2.1.9. If colour coding is used to identify the limits of the adjustment range of a temperature function (e.g. passenger compartment heating system), the hot limit shall be identified by the colour red and the cold limit by the colour blue. If the status or limit of a function is shown by an indicator separated from and not adjacent to the control for that function, both the control and the indicator shall be independently identified with the appropriate symbol.
2.1.10. Designation and identification of symbols:
Figure 8-1
Driving beam (main-beam) headlamp (control / tell-tale)
Tell-tale colour: blue
Figure 8-2
Passing beam (dipped-beam) headlamp (control / tell-tale)
Tell-tale colour: green
Figure 8-3
Direction indicator (control / tell-tale)
Tell-tale colour: green
Note: if there are separate tell-tales for the left and right direction indicators, the two arrows may also be used independently.
Figure 8-4
Hazard warning signal (control / tell-tale)
Two possibilities:
—
Identifying signal (Figure 8-4),
Tell-tale colour: red
or
—
Simultaneous operation of the separate direction indicator tell-tales (Figure 8-3), provided that these normally operate independently (see Note below Figure 8-3).
Figure 8-5
Manual choke (control / tell-tale)
Tell-tale colour: yellow
Figure 8-6
Electrical audible warning device (control)
Note: if more than one symbol is provided on the control(s), the supplementary symbol(s) may be mirrored. If the control is located directly on a steering wheel, the requirements of point 2.1.1.1 do not apply.
Figure 8-7
Fuel level (indicator/tell-tale)
Tell-tale colour: yellow
Figure 8-8
Engine coolant temperature (indicator/tell-tale)
Tell-tale colour: red
Figure 8-9
Battery charge (indicator/tell-tale)
Tell-tale colour: red
Figure 8-10
Engine oil (indicator/tell-tale)
Tell-tale colour: red
Figure 8-11
Front fog lamp (control/tell-tale)
Tell-tale colour: green
Figure 8-12
Rear fog lamp (control/tell-tale)
Tell-tale colour: yellow
Figure 8-13
Vehicle master control switch, engine ignition, supplemental engine cut-off (control)
Note: position ‘off’ — identification is not required for switches physically integrated with protective devices acting on the vehicle steering (steering lock).
Figure 8-14
Vehicle master control switch, engine ignition, supplemental engine cut-off (control)
Note: position ‘on’ or ‘run’ — identification is not required for switches physically integrated with protective devices acting on the vehicle steering (steering lock).
Figure 8-15
Lighting switch (control/tell-tale)
Tell-tale colour: green
Figure 8-16
Position (side) lamps (control/tell-tale)
Tell-tale colour: green
Note: if this function does not have a separate control or tell-tale, it may be identified by the symbol shown in Figure 8-15.
Figure 8-17
Parking lamps (control)
Figure 8-18
Neutral indication (tell-tale)
Tell-tale colour: green
Note: gear box in neutral.
Figure 8-19
Electric engine starter (control)
Figure 8-20
Anti-lock Brake System malfunction (tell-tale)
Tell-tale colour: yellow
Figure 8-21
Malfunction indicator lamp (tell-tale)
Tell-tale colour: yellow
Note: shall be used to convey power-train related failures which may affect emissions.
Explanatory notes:
(1)
The framed areas may be solid.
(2)
The dark part of this symbol may be replaced by its silhouette.
2.1.11. The model base provided in Figure 8-22 shall be used.
Figure 8-22
Structure of the model base for the symbols referred to in point 2.1.10
The model base consists of:
(1)
a base 50 mm square, this dimension being equal to nominal dimension ‘a’ in the original;
(2)
a base circle 56 mm in diameter having approximately the same area as the base square (1);
(3)
a second 50 mm-diameter circle is drawn within the base square (1);
(4)
a second square the tips of which lie on the base circle (2) and the sides of which are parallel to those of the base square (1);
(5)
and (6) two rectangles having the same area as the base square (1), their sides being at right angles to each other and each of them devised so as to divide the opposite sides of the base square into symmetrical points;
(7)
a third square the sides of which pass through the points of intersection of the base square (1) and the base circle (2) and are inclined at 45°, thus providing the greatest horizontal and vertical dimensions of the model base;
(8)
an irregular octagon formed by lines inclined at 30° to the sides of the square (7).
The base model is laid upon a grid the lower side of which measures 12,5 mm and coincides with the base square (1).
2.2. Common space for displaying multiple information.
2.2.1. A common space may be used to show information from any source, provided that the following requirements are met:
2.2.1.1. The tell-tales and indicators displayed in the common space shall meet the requirements of points 2.1 to 2.1.11 and shall light up at the initiation of the condition they are designed to identify.
2.2.1.2. The tell-tales and indicators listed in point 2.1.10 and shown in the common space shall light up at the initiation of any underlying condition.
2.2.1.3. Except as provided in points 2.2.1.4 to 2.2.1.6, when the condition exists for actuation of two or more tell-tales, the information shall be either:
—
repeated automatically in sequence,
or
—
indicated by visible means and capable of being selected for viewing by the driver when seated in the driving position.
2.2.1.4. The tell-tales for any braking system malfunction, headlamp driving beam and direction indicator shall not be shown in the same common space.
2.2.1.5. If any of those tell-tales are displayed in a common space with other tell-tales, their activation shall take precedence over that of anything else in the common space.
2.2.1.6. It shall not be possible to deactivate the braking system malfunction, headlamp driving beam and direction indicator tell-tales, or any other red tell-tale, when the condition for their activation still exists. It may be possible for other information displayed in a common space to be cancelled automatically or by the driver.
(1) OJ L 177, 10.7.2010, p. 290.
ANNEX IX
Requirements applying to installation of lighting and light signalling devices, including automatic switching of lighting
1. Requirements for the approval of a type of vehicle with regard to installation of lighting
1.1. Vehicles of category L1e shall meet all the relevant requirements of UNECE regulation No 74 (1). The requirements of points 1.8 to 1.12 shall also be taken into account.
1.1.1. Vehicles of category L1e-B shall, in the absence of uniform requirements in UNECE regulation No 74, always be fitted with a rear registration plate lamp.
1.1.2. Vehicles of category L1e may, in the absence of specific requirements in UNECE regulation No 74, be fitted with daytime running lamps which are activated instead of automatically switched-on headlamps and which comply with the requirements set out in points 2.3.4 to 2.3.4.7 below.
1.1.3. Vehicles of category L1e-A may alternatively to the requirements laid down in points 1.1 to 1.1.2 be fitted with all the following devices: a headlamp emitting white light towards the front when the vehicle is in motion, a rear position lamp emitting red light towards the rear when the vehicle is in motion, amber side retro-reflectors (one on each side), amber pedal retro-reflectors (towards the front and the rear, both on each side) and a red rear retro-reflector. These lighting devices need not be component type-approved and no other specific fitting, switching and electrical connection requirements apply. In such cases, the manufacturer shall declare that the lighting devices concerned conform to ISO standard 6742-1:1987 and 6742-2:1985.
1.2. Vehicles of category L2e shall meet the requirements of points 1.10 to 2.5.
1.3. Vehicles of category L3e shall meet all the relevant requirements of UNECE regulation No 53. The requirements of points 1.8 to 1.12 shall also be taken into account.
1.4. Vehicles of category L4e shall meet the requirements of points 1.10 to 1.12 and 3 to 3.2.8.1.
1.5. Vehicles of category L5e shall meet the requirements of points 1.10 to 2.5.
1.6. Vehicles of category L6e shall meet the requirements of points 1.10 to 2.5.
1.7. Vehicles of category L7e shall meet the requirements of points 1.10 to 2.5.
1.8. Vehicles of category L1e-A may be fitted with retro-reflective bands on the tyre sidewalls or rims so as to provide a visual impression of circles of white light and making such vehicles easily recognisable.
1.9. Vehicles of categories L1e and L3e may be fitted with additional rear and side retro-reflective devices and materials provided that they do not impair the effectiveness of the mandatory lighting and light-signalling devices. In particular, luggage compartments and saddle bags may be fitted with retro-reflective materials, provided that these have the same colour as the lighting devices at that location.
1.10. No vehicle shall be fitted with auxiliary light sources of which the emitted light can be observed either directly or indirectly under normal driving conditions, other than those for the purpose of illuminating controls, tell-tales and indicators or the occupant compartment.
1.11. No vehicle shall be fitted with lighting devices which, due to a lack of specific wording in the respective component type-approval provisions and unless explicitly allowed by those provisions, display or give the appearance of movement or expansion of its light on the apparent surface or any strobe or flashing effect. Furthermore, if the apparent surface of a lighting function is reduced in size due to the activation of another lighting function with a different colour, the remaining apparent surface of the first named function shall continue to meet the relevant colorimetric and appropriate luminous intensity requirements (e.g. left and right-hand side tail lamp consisting of two rear position lamp rings with LEDs of which the outer ring can become the direction indicator lamp and the inner ring remains a combined rear position and stop lamp). All operation modes shall be duly covered by the lighting device component type-approval.
1.12. Where automatically switched-on headlamp or daytime running lamp activation is linked to the running of an engine, this shall be construed as being linked to the activation of the master control switch. This shall in particular be the case for vehicles with electric or other alternative propulsion systems and vehicles equipped with an automatic engine stop/start system.
2. Requirements concerning vehicles of categories L2e, L5e, L6e and L7e.
2.1. General specifications
2.1.1. All lighting devices shall be type-approved and fitted in accordance with the component manufacturer’s specifications and installed so that, under normal conditions of use and notwithstanding any vibration to which they may be subjected, they retain the characteristics as prescribed and enable the vehicle to comply with the requirements of this Annex. In particular, it shall not be possible for the lighting devices to be inadvertently maladjusted.
2.1.2. The illuminating lamps shall be fitted so that their alignment can easily be set correctly.
2.1.3. The reference axis of the lighting device when fitted to the vehicle shall be perpendicular to the longitudinal median plane of the vehicle in the case of side retro-reflectors and parallel to that plane in the case of all other lighting devices, with a permitted tolerance of 3°.
2.1.4. The height and alignment of lighting devices are verified with the vehicle with its mass in running order, plus the mass of any propulsion batteries, placed on a flat horizontal surface, with the steered wheel(s) in the straight ahead position and the tyre pressures adjusted to the manufacturer’s specified values.
2.1.5. In the absence of specific requirements, lighting devices constituting a pair shall:
—
be installed on the vehicle symmetrically in relation to the longitudinal median plane,
—
be symmetrical to each other in relation to the longitudinal median plane (which includes being in stacked formation),
—
have identical colorimetric requirements, and
—
have identical photometric characteristics.
2.1.6. In the absence of specific instructions, lamps having different functions may be independent or grouped, combined or reciprocally incorporated in one device, provided that each lamp complies with the requirement applicable to it.
2.1.7. The maximum height above ground is measured from the highest point, and the minimum height from the lowest point, of the light-emitting surface.
2.1.8. In the absence of specific requirements, no lamps other than direction indicator lamps, the hazard warning signal and the emergency braking signal may emit a flashing light.
2.1.9. No light-emitting surface of any red lamp, with the exception of rearmost side marker lamps, shall be visible towards the front and no light-emitting surface of any white lamp, with the exception of reversing lamps, shall be visible towards the rear. No interior or instrument cluster lighting shall be taken into account and the condition is checked as follows:
2.1.9.1.
No red lamp shall be directly visible to an observer moving within Zone 1 in a transverse plane situated 25 m in front of the foremost part of the vehicle (see Figure 9-1).
2.1.9.2.
No white lamp shall be directly visible to an observer moving within Zone 2 in a transverse plane situated 25 m behind the rearmost part of the vehicle (see Figure 9-2).
2.1.9.3.
Zones 1 and 2 are limited in their respective planes as follows (see Figures 9-1 and 9-2):
2.1.9.3.1.
Two horizontal planes which are 1,0 m and 2,2 m respectively above the ground;
2.1.9.3.2.
Two vertical planes under an angle of 15° towards the front and rear of the vehicle respectively, and outward of the vehicle by reference to the longitudinal median plane of the vehicle. These planes contain, respectively, the vertical lines of intersection of the vertical planes parallel to the longitudinal median plane of the vehicle representing its overall width, and of the transverse vertical planes representing the overall length of the vehicle.
Figure 9-1
Direct visibility towards the front of the light-emitting surface of a lamp emitting red light
Figure 9-2
Direct visibility towards the rear of the light-emitting surface of a lamp emitting white light
2.1.10. The electrical connections shall be such that front position lamps, rear position lamps and the rear registration plate lamp can be switched on and off only simultaneously.
2.1.11. Vehicles shall be fitted with either:
—
daytime running lamps, or
—
passing-beam headlamps which are automatically switched on when the vehicle master control switch has been activated.
2.1.12. In the absence of specific requirements, the electrical connections shall be such that the driving-beam headlamps, the passing-beam headlamps and the front fog lamps cannot be switched on unless the lamps referred to in point 2.1.10 are also switched on. This requirement does not apply in the case of driving-beam and/or passing-beam headlamps when they are used to provide optical warning by means of short and intermittent activation.
2.1.13. Tell tales
2.1.13.1. Provisions concerning specific closed-circuit tell-tales may be fulfilled by the appropriate functions of an operational tell-tale.
2.1.14. The colours emitted by lighting devices shall be as follows:
Driving-beam headlamps
:
white
Daytime running lamp
:
white
Passing-beam headlamp
:
white
Direction indicator lamp
:
amber
Stop lamp
:
red
Front position lamp
:
white
Rear position lamp
:
red
Front fog lamp
:
white or yellow
Rear fog lamp
:
red
Reversing lamp
:
white
Hazard warning signal
:
amber
Rear registration plate lamp
:
white
Non-triangular side retro-reflector (front)
:
amber
Non-triangular side retro-reflector (rear)
:
amber or red
Side marker lamp (front)
:
amber
Side marker lamp (rear)
:
amber or red
Non-triangular rear retro-reflector
:
red
2.1.14.1. Trichromatic coordinates:
Red:
Limit towards yellow:
y ≤ 0,335
Limit towards purple:
z ≤ 0,008
White:
Limit towards blue:
x ≥ 0,310
Limit towards yellow:
x ≤ 0,500
Limit towards green:
Limit towards green:
y ≤ 0,440
Limit towards purple:
Limit towards red:
y ≥ 0,382
Yellow:
Limit towards red:
Limit towards green:
Limit towards white:
and y ≥ 0,440
y ≥ 0,440
Limit towards the spectral value:
Amber:
Limit towards yellow:
y ≤ 0,429
Limit towards red:
y ≥ 0,398
Limit towards white:
z ≤ 0,007
A source having a colour temperature of 2 856 K is used to check the above limits (International Commission on Illumination (ICI) Standard A).
2.1.14.2. The colour definitions in UNECE regulation No 48 (2) may be taken as an alternative to the specifications in point 2.1.14.1, in which case the definition for ‘selective-yellow’ shall be taken instead of the above specification for ‘yellow’.
2.2. General requirements
2.2.1. Vehicles of categories L2e and L6e shall be fitted with the following lighting devices:
—
passing-beam headlamp,
—
front position lamp,
—
direction indicators,
—
rear position lamp,
—
stop lamp,
—
rear registration plate lamp,
—
rear retro-reflector (non-triangular), and
—
side retro-reflectors (non-triangular).
2.2.2. Vehicles of categories L2e and L6e may be fitted with the following additional lighting devices:
—
driving-beam headlamp,
—
daytime running lamp,
—
front fog lamp,
—
hazard warning signal,
—
rear fog lamp,
—
reversing lamp, and
—
side marker lamps.
2.2.3. No lighting and light-signalling devices other than those referred to in points 2.2.1 and 2.2.2 shall be installed on vehicles of category L2e or L6e.
2.2.4. Vehicles of categories L5e and L7e shall be fitted with the following lighting devices:
—
driving-beam headlamp,
—
passing-beam headlamp,
—
front position lamp,
—
direction indicators,
—
rear position lamp,
—
stop lamp,
—
rear registration plate lamp,
—
rear retro-reflector (non-triangular), and
—
side retro-reflectors (non-triangular).
2.2.5. Vehicles of categories L5e and L7e may be fitted with the following additional lighting devices:
—
daytime running lamp,
—
front fog lamp,
—
hazard warning signal,
—
rear fog lamp,
—
reversing lamp, and
—
side marker lamps.
2.2.6. No lighting and light-signalling devices other than those referred to in points 2.2.4 and 2.2.5 shall be installed on vehicles of category L5e or L7e.
2.2.7. Only lighting and light-signalling devices which are type-approved for vehicle category L shall be installed on the vehicle. However, lighting and light-signalling devices which are type-approved for installation on vehicles of categories M1 or N1, in accordance with UNECE regulation No 48, may also be installed.
2.2.7.1. Vehicles of categories other than L2e and L6e shall not be fitted with passing-beam headlamps of Class A.
2.3. Specific requirements
2.3.1. Driving-beam headlamp
2.3.1.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.1.2. Arrangement:
—
no specific requirements.
2.3.1.3. Position:
2.3.1.3.1.
In width:
—
a single independent driving-beam headlamp may be fitted above, below or to one side of another front lamp. If these lamps are stacked on top of each other, the reference centre of the driving-beam headlamp shall be located within the longitudinal median plane of the vehicle. If they are side by side, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle;
—
a single independent driving-beam headlamp which is reciprocally incorporated with another front lamp shall be fitted in such a way that its reference centre lies within the longitudinal median plane of the vehicle. However, when the vehicle is also fitted with another front lamp alongside the driving-beam headlamp, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle;
—
two driving-beam headlamps of which either none, one or both are reciprocally incorporated with another front lamp shall be fitted in such a way that their reference centres are symmetrical in relation to the longitudinal median plane of the vehicle.
2.3.1.3.2.
In height:
—
no specific requirements.
2.3.1.3.3.
In length:
—
at the front of the vehicle. This requirement is considered to have been met if the light emitted does not disturb the driver either directly or indirectly by means of the rear-view mirrors and/or other reflective surfaces on the vehicle.
2.3.1.3.4.
Distance:
—
in the case of a single independent driving-beam headlamp, the distance between the edge of the light-emitting surface and that of any single independent passing-beam headlamp shall not exceed 200 mm.
2.3.1.4. Geometric visibility:
—
the visibility of the light-emitting surface, including in areas which do not appear to be illuminated in the direction of observation considered, shall be ensured within a divergent space defined by generating lines based on the perimeter of the light-emitting surface and forming an angle of not less than 5° with the reference axis of the driving-beam headlamp.
2.3.1.5. Orientation:
—
to the front; may move in line with the steering angle of any handlebars.
2.3.1.6. Electrical connections:
—
all driving-beam headlamps shall light up and extinguish simultaneously,
—
all driving-beam headlamps shall light up when the forward lighting mode is switched from passing-beam to driving-beam,
—
all driving-beam headlamps shall be extinguished simultaneously when the forward lighting mode is switched from driving-beam to passing-beam,
—
the passing-beam headlamps may remain lit at the same time as the driving-beam headlamps.
2.3.1.7. Closed-circuit tell-tale:
—
mandatory, if the driving beam headlamp is fitted (non-flashing blue tell-tale).
2.3.1.8. Other requirements:
—
the combined value of the maximum intensity of all driving-beam headlamps which can be activated at the same time shall not exceed 430 000 cd, which corresponds to a reference value of 100.
2.3.2. Passing-beam headlamp
2.3.2.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.2.2. Arrangement:
—
no specific requirements.
2.3.2.3. Position:
2.3.2.3.1.
In width:
—
a single independent passing-beam headlamp may be fitted above, below or to one side of another front lamp. If lamps are stacked on top of each other, the reference centre of the passing-beam headlamp shall be located within the longitudinal median plane of the vehicle. If they are side by side, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
a single independent passing-beam headlamp which is reciprocally incorporated with another front lamp shall be fitted in such a way that its reference centre lies within the longitudinal median plane of the vehicle. However, when the vehicle is fitted with another front lamp alongside the passing-beam headlamp, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
two passing-beam headlamps of which either none, one or both are reciprocally incorporated with another front lamp shall be fitted in such a way that their reference centres are symmetrical in relation to the longitudinal median plane of the vehicle,
—
where there are two passing-beam headlamps, the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm.
2.3.2.3.2.
In height:
—
a minimum of 500 mm and a maximum of 1 200 mm above the ground.
2.3.2.3.3.
In length:
—
at the front of the vehicle. This requirement is considered to have been met if the light emitted disturbs the driver neither directly nor indirectly by reflection off the rear-view mirrors and/or other reflective surfaces on the vehicle.
2.3.2.3.4.
Distance:
—
the distance between the edge of the light-emitting surface of a single independent passing-beam headlamp and that of any single independent driving-beam headlamp shall not exceed 200 mm.
2.3.2.4. Geometric visibility:
—
α = 15° upwards and 10° downwards,
—
β = 45° to the left and to the right if there is only one passing-beam headlamp,
—
β = 45° outwards and 10° inwards if there are two passing-beam headlamps.
2.3.2.5. Orientation:
—
to the front; may move in line with the steering angle of any handlebars.
2.3.2.6. Electrical connections:
—
all passing-beam headlamps shall light up and extinguish simultaneously,
—
all passing-beam headlamps shall light up when the forward lighting mode is switched from driving-beam to passing-beam,
—
all passing-beam headlamps shall be extinguished simultaneously when the forward lighting mode is switched from passing-beam to driving-beam; however, the passing-beam headlamps may remain lit at the same time as the driving-beam headlamps.
2.3.2.7. Closed-circuit tell-tale:
—
optional (non-flashing green tell-tale).
2.3.2.8. Other requirements:
—
passing-beam headlamps of which the lowest point of the light-emitting surface is 0,8 m or less above the ground shall be adjusted to an initial aiming inclination of between – 1,0 % and – 1,5 %. The precise value may be declared by the manufacturer,
—
passing-beam headlamps of which the lowest point of the light-emitting surface is between 0,8 m and 1,0 m above the ground shall be adjusted to an initial aiming of inclination between – 1,0 % and – 2,0 %. The precise value may be declared by the manufacturer,
—
passing-beam headlamps of which the lowest point of the light-emitting surface is 1,0 m or more above the ground shall be adjusted to an initial aiming inclination of between – 1,5 % and – 2,0 %. The precise value may be declared by the manufacturer,
—
for passing-beam headlamps with a light source with an objective luminous flux not exceeding 2 000 lumen and an initial inclination of between – 1,0 % and – 1,5 %, the vertical inclination shall remain between – 0,5 % and – 2,5 % under all loading conditions. The vertical inclination shall remain between – 1,0 % and – 3,0 % if the initial inclination is set between – 1,5 % and – 2,0 %. An external adjusting device may be used to satisfy the requirements, provided that no tools other than those provided with the vehicle are needed,
—
for passing-beam headlamps with a light source with an objective luminous flux exceeding 2 000 lumen and an initial inclination of between – 1,0 % and – 1,5 %, the vertical inclination shall remain between – 0,5 % and – 2,5 % under all loading conditions. The vertical inclination shall remain between – 1,0 % and – 3,0 % if the initial inclination is set between – 1,5 % and – 2,0 %. A headlamp levelling device may be used to satisfy the requirements of this point, provided that its operation is fully automatic and the response time is less than 30 seconds.
2.3.2.8.1. Testing conditions:
—
the inclination requirements in point 2.3.2.8 shall be verified as follows:
—
vehicle with its mass in running order, plus the mass of any propulsion batteries, and a mass of 75 kg simulating the driver,
—
vehicle laden to its technically permissible maximum mass with the mass distributed so as to attain the maximum axle loads as declared by the manufacturer for this loading condition,
—
vehicle with a mass of 75 kg simulating the driver and additionally laden so as to attain the maximum permissible rear axle load as declared by the manufacturer; however, the front axle load shall be as low as possible in this case,
—
before any measurement is made, the vehicle shall be rocked three times and then moved backwards and forwards for at least a complete wheel revolution.
2.3.3. Front position lamp
2.3.3.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.3.2. Arrangement:
—
no specific requirements.
2.3.3.3. Position:
2.3.3.3.1.
In width:
—
a single independent front position lamp may be fitted above, below or to one side of another front lamp. If lamps are stacked on top of each other, the reference centre of the front position lamp shall be located within the longitudinal median plane of the vehicle. If they are side by side, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
a single independent front position lamp which is reciprocally incorporated with another front lamp shall be fitted so that its reference centre lies within the longitudinal median plane of the vehicle. However, when the vehicle is fitted with another front lamp alongside the front position lamp, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
two front position lamps of which either none, one or both are reciprocally incorporated with another front lamp shall be fitted so that their reference centres are symmetrical in relation to the longitudinal median plane of the vehicle,
—
where there are two front position lamps, the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm.
2.3.3.3.2.
In height:
—
a minimum of 350 mm and a maximum of 1 200 mm above the ground.
2.3.3.3.3.
In length:
—
at the front of the vehicle.
2.3.3.4. Geometric visibility:
—
α = 15° upwards and 15° downwards; however, the downward angle may be reduced to 5° if the front position lamp is located less than 750 mm above the ground;
—
β = 80° to the left and to the right if there is only one front position lamp;
—
β = 80° outwards and 45° inwards if there are two front position lamps.
2.3.3.5. Orientation:
—
to the front; may move in line with the steering angle of any handlebars.
2.3.3.6. Electrical connections:
—
shall light up in compliance with point 2.1.10.
2.3.3.7. Closed-circuit tell-tale:
—
mandatory (a non-flashing green tell-tale or the vehicle’s instrument cluster illumination may be used to indicate the activation of the lamps as described in point 2.1.10).
2.3.4. Daytime running lamp
2.3.4.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.4.2. Arrangement:
—
no specific requirements.
2.3.4.3. Position:
2.3.4.3.1.
In width:
—
a single independent daytime running lamp may be fitted above, below or to one side of another front lamp. If lamps are stacked on top of each other, the reference centre of the daytime running lamp shall be located within the longitudinal median plane of the vehicle. If they are side by side, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
a single independent daytime running lamp which is reciprocally incorporated with another front lamp shall be fitted so that its reference centre lies within the longitudinal median plane of the vehicle. However, when the vehicle is fitted with another front lamp alongside the daytime running lamp, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
two daytime running lamps of which either none, one or both are reciprocally incorporated with another front lamp shall be fitted so that their reference centres are symmetrical in relation to the longitudinal median plane of the vehicle,
—
the inward edges of the light-emitting surfaces shall be at least 500 mm apart in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.4.3.2.
In height:
—
a minimum of 250 mm and a maximum of 1 500 mm above the ground.
2.3.4.3.3.
In length:
—
at the front of the vehicle. This requirement is considered to have been met if the light emitted disturbs the driver neither directly nor indirectly by reflection off the rear-view mirrors and/or other reflective surfaces on the vehicle.
2.3.4.3.4.
Distance:
—
if the distance between the front direction indicator lamp and the daytime running lamp is 40 mm or less, the electrical connections of the daytime running lamp on the relevant side of the vehicle shall be such that either:
—
it is switched off, or
—
its luminous intensity is reduced to a level not exceeding 140 cd;
during the entire period (both on and off cycle) of activation of the relevant front direction indicator lamp.
2.3.4.4. Geometric visibility:
—
α = 10° upwards and 10° downwards,
—
β = 20° to the left and to the right if there is only one daytime running lamp,
—
β = 20° outwards and 20° inwards if there are two daytime running lamps.
2.3.4.5. Orientation:
—
to the front; may move in line with the steering angle of any handlebars.
2.3.4.6. Electrical connections:
—
all daytime running lamps shall light up when the master control switch is activated; however, they may remain off under the following conditions:
—
the automatic transmission control is in the park position,
—
the parking brake is activated, or
—
during the time prior to the vehicle being set in motion for the first time after each manual activation of the master control switch and the vehicle’s propulsion system,
—
daytime running lamps may be manually deactivated; however, this shall be possible only at a vehicle speed not exceeding 10 km/h. The lamps shall be automatically reactivated when the vehicle speed exceeds 10 km/h or when the vehicle has travelled more than 100 m,
—
daytime running lamps shall in each case be deactivated automatically when:
—
the vehicle is shut down by means of the master control switch,
—
the front fog lamps are activated,
—
the headlamps are activated, except when they are used to give intermittent luminous warnings at short intervals, and
—
in ambient lighting conditions of less than 1 000 lux where the indicated speed on the vehicle’s speedometer is still clearly legible (e.g. when speedometer illumination is always on) and the vehicle is not fitted with a non-flashing green tell-tale in compliance with point 2.3.3.7 or a dedicated green closed-circuit tell-tale for the daytime running lamp identified by the appropriate symbol. In such a case, the passing-beam headlamps and the lighting devices required in point 2.1.12 shall be automatically activated simultaneously within 2 seconds of the ambient lighting level dropping below 1 000 lux. If the ambient lighting conditions subsequently reach a level of at least 7 000 lux, the daytime running lamps shall be automatically reactivated, while the passing-beam headlamps and the lighting devices required in point 2.1.12 shall be deactivated simultaneously within five to 300 seconds (i.e. fully automatic light switching is required if the driver has no visible indication and stimulus to activate normal lighting when it is dark).
2.3.4.7. Closed-circuit tell-tale:
—
optional.
2.3.5. Front fog lamp
2.3.5.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.5.2. Arrangement:
—
no specific requirements.
2.3.5.3. Position:
2.3.5.3.1.
In width:
—
a single independent front fog lamp may be fitted above, below or to one side of another front lamp. If lamps are stacked on top of each other, the reference centre of the front fog lamp shall be located within the longitudinal median plane of the vehicle. If they are side by side, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
a single independent front fog lamp which is reciprocally incorporated with another front lamp shall be fitted so that its reference centre lies within the longitudinal median plane of the vehicle. However, when the vehicle is fitted with another front lamp alongside the front fog lamp, their reference centres shall be symmetrical in relation to the longitudinal median plane of the vehicle,
—
two front fog lamps of which either none, one or both are reciprocally incorporated with another front lamp, shall be fitted so that their reference centres are symmetrical in relation to the longitudinal median plane of the vehicle,
—
where there are two front fog lamps, the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm.
2.3.5.3.2.
In height:
—
a minimum of 250 mm and a maximum of 800 mm above the ground,
—
no part of the light-emitting surface shall be higher than the top of the light-emitting surface of the highest placed passing-beam headlamp.
2.3.5.3.3.
In length:
—
at the front of the vehicle. This requirement is considered to have been met if the light emitted disturbs the driver neither directly nor indirectly by reflection off the rear-view mirrors and/or other reflective surfaces on the vehicle.
2.3.5.4. Geometric visibility:
—
α = 5° upwards and 5° downwards,
—
β = 45° to the left and to the right if there is only one front fog lamp,
—
β = 45° outwards and 10° inwards if there are two front fog lamps.
2.3.5.5. Orientation:
—
to the front; may move in line with the steering angle of any handlebars.
2.3.5.6. Electrical connections:
—
all front fog lamps shall light up and extinguish simultaneously,
—
it shall be possible to switch the front fog lamp on and off independently of the driving-beam headlamp, the passing-beam headlamp or any combination of these headlamps.
2.3.5.7. Closed-circuit tell-tale:
—
mandatory (non-flashing green tell-tale).
2.3.6. Direction indicator lamps
2.3.6.1. Number:
—
four,
—
six, if two side direction indicator lamps are fitted additionally and in compliance with all relevant requirements of UNECE regulation No 48 as prescribed for vehicle category M1.
2.3.6.2. Arrangement:
—
two front direction indicator lamps of categories 11, 1, 1a or 1b and two rear direction indicator lamps of categories 12, 2a or 2b (i.e. two indicators on each side),
—
two side direction indicator lamps of categories 5 or 6 (i.e. one additional side direction indicator on each side) may be fitted in addition to the mandatory direction indicator lamps, provided that their installation meets all relevant requirements of UNECE regulation No 48 as prescribed for vehicle category M1.
2.3.6.3. Position:
2.3.6.3.1.
In width:
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm,
—
the inward edges of the light-emitting surfaces of the front direction indicators shall be at least 240 mm apart in the case of vehicles with a single front wheel or in case the vehicle width does not exceed 1 000 mm,
—
the inward edges of the light-emitting surfaces of the front direction indicators shall be at least 500 mm apart in the case of vehicles with more than one front wheel and with a vehicle width exceeding 1 000 mm,
—
the inward edges of the light-emitting surfaces of the rear direction indicators shall be at least 180 mm apart in the case of vehicles with a single rear wheel or in case the vehicle width does not exceed 1 000 mm,
—
the inward edges of the light-emitting surfaces of the rear direction indicators shall be at least 500 mm apart in the case of vehicles with more than one rear wheel and with a vehicle width exceeding 1 000 mm,
—
there shall be a minimum distance between the light-emitting surface of a front direction indicator lamp and the nearest passing-beam headlamps of:
—
75 mm in the case of a minimum indicator intensity of 90 cd,
—
40 mm in the case of a minimum indicator intensity of 175 cd,
—
20 mm in the case of a minimum indicator intensity of 250 cd,
—
≤ 20 mm in the case of a minimum indicator intensity of 400 cd.
2.3.6.3.2.
In height:
—
a minimum of 500 mm and a maximum of 1 500 mm above the ground.
2.3.6.3.3.
In length:
—
no specific requirements.
2.3.6.4. Geometric visibility:
—
α = 15° upwards and 15° downwards; however, the downward angle may be reduced to 5° if the direction indicator lamps are located less than 750 mm above the ground;
—
β = 80° outwards and 45° inwards (see Figure 9-3).
Figure 9-3
Geometric visibility of the right-hand side front and rear direction indicators
2.3.6.5. Orientation:
—
to the front; may move in line with the steering angle of any handlebars, as well as to the rear.
2.3.6.6. Electrical connections:
—
direction indicator lamps shall switch on independently of the other lamps. All direction indicator lamps on one side of a vehicle shall be switched on and off by means of one control.
2.3.6.7. Operational tell-tale:
—
mandatory, this may be optical, auditory or both,
—
if it is optical, the tell-tale shall be green and of the flashing type, which in the event of defective operation of any single front or rear direction indicator lamp shall be extinguished, remain alight without flashing or show a marked change of frequency,
—
if it is entirely auditory, it shall be clearly audible and display equivalent operating conditions as the optical tell-tale.
2.3.6.8. Other requirements:
—
the following characteristics shall be checked with no load on the electrical system other than that needed for the operation of the engine (if any), following the activation of the master control switch and the activation of lighting devices which are switched on as a result of it.
2.3.6.8.1. Characteristics:
—
the light flashing frequency shall be 90 ± 30 times per minute,
—
the direction indicator lamps on the same side of the vehicle shall flash at the same frequency, in phase and may occur either synchronously or alternately,
—
the first flash of the lamps shall start within one second and end within one-and-a-half seconds of the control being actuated,
—
in the event of a malfunction, other than a short circuit, of a front or rear direction indicator lamp the other lamp(s) indicating the same direction shall remain lit or continue to flash; however, in such a case the flashing frequency does not have to correspond to the prescribed value in this point.
2.3.7. Hazard warning signal
2.3.7.1. Number:
—
in accordance with the requirements of point 2.3.6.1.
2.3.7.2. Arrangement:
—
in accordance with the requirements of point 2.3.6.2.
2.3.7.3. Position:
2.3.7.3.1.
In width:
—
in accordance with the requirements of point 2.3.6.3.1.
2.3.7.3.2.
In height:
—
in accordance with the requirements of point 2.3.6.3.2.
2.3.7.3.3.
In length:
—
in accordance with the requirements of point 2.3.6.3.3.
2.3.7.4. Geometric visibility:
—
in accordance with the requirements of point 2.3.6.4.
2.3.7.5. Orientation:
—
in accordance with the requirements of point 2.3.6.5.
2.3.7.6. Electrical connections:
—
the hazard warning signal shall be activated by means of a separate control and shall be given by simultaneous operation of all direction indicator lamps. It shall be possible for the hazard warning signal to operate even when the master control switch has been deactivated and the vehicle’s on-board electronics system is switched off.
2.3.7.7. Closed-circuit tell-tale:
—
mandatory, if the hazard warning signal is provided (flashing red tell-tale),
—
if two separate green tell-tales have been provided for the left-hand side and right-hand side direction indicators, these tell-tales may flash simultaneously instead of the single red tell-tale.
2.3.7.8. Other requirements:
—
the requirements of point 2.3.6.8 shall apply.
2.3.7.8.1. Characteristics:
—
the light flashing frequency shall be 90 ± 30 times per minute,
—
all direction indicator lamps shall flash at the same frequency and in phase. Those on opposite sides of the vehicle shall flash synchronously while those on the same side of the vehicle may flash alternately,
—
the first flash shall start within one second and end within one-and-a-half seconds of the control being actuated,
—
the hazard warning signal may be automatically activated by vehicle systems such as the emergency braking signal or after a collision, and subsequently manually deactivated.
2.3.8. Rear position lamp
2.3.8.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm.
2.3.8.2. Arrangement:
—
no specific requirements.
2.3.8.3. Position:
2.3.8.3.1.
In width:
—
a single rear position lamp shall be installed on the vehicle so that the reference centre of the rear position lamp shall be located within the longitudinal median plane of the vehicle,
—
two rear position lamps shall be installed on the vehicle so that the reference centres of the rear position lamps are symmetrical in relation to the longitudinal median plane of the vehicle,
—
in the case of vehicles with two rear wheels and an overall width exceeding 1 300 mm, the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm.
2.3.8.3.2.
In height:
—
a minimum of 250 mm and a maximum of 1 500 mm above the ground.
2.3.8.3.3.
In length:
—
at the rear of the vehicle.
2.3.8.4. Geometric visibility:
—
α = 15° upwards and 15° downwards, however, the downward angle may be reduced to 5° if the rear position lamp is located less than 750 mm above the ground,
—
β = 80° to the left and to the right if there is only one rear position lamp,
—
β = 80° outwards and 45° inwards if there are two rear position lamps.
2.3.8.5. Orientation:
—
to the rear.
2.3.8.6. Electrical connections:
—
shall light up in compliance with point 2.1.10.
2.3.8.7. Closed-circuit tell-tale:
—
in accordance with the requirements of point 2.3.3.7.
2.3.9. Stop lamp
2.3.9.1. Number:
—
one or two, in the case of vehicles with an overall width not exceeding 1 300 mm,
—
two, in the case of vehicles with an overall width exceeding 1 300 mm,
—
an additional stop lamp of category S3 or S4 (i.e. central high mounted stop lamp) may be fitted, provided that all relevant requirements of UNECE regulation No 48 applying to the installation of such stop lamps on vehicles of category M1 are met.
2.3.9.2. Arrangement:
—
no specific requirements.
2.3.9.3. Position:
2.3.9.3.1.
In width:
—
a single stop lamp shall be installed on the vehicle so that the reference centre of the stop lamp is located within the longitudinal median plane of the vehicle,
—
two stop lamps shall be installed on the vehicle so that the reference centres of the stop lamps are symmetrical in relation to the longitudinal median plane of the vehicle,
—
the inward edges of the light-emitting surfaces shall be at least 600 mm apart in the case of vehicles with two rear wheels and an overall width exceeding 1 300 mm,
—
the inward edges of the light-emitting surfaces shall be at least 400 mm apart in the case of vehicles with two rear wheels, an overall width not exceeding 1 300 mm and two stop lamps.
2.3.9.3.2.
In height:
—
a minimum of 250 mm and a maximum of 1 500 mm above the ground.
2.3.9.3.3.
In length:
—
at the rear of the vehicle.
2.3.9.4. Geometric visibility:
—
α = 15° upwards and 15° downwards; however, the downward angle may be reduced to 5° if the stop lamp is located less than 750 mm above the ground,
—
β = 45° to the left and to the right if there is only one stop lamp,
—
β = 45° outwards and 10° inwards if there are two stop lamps.
2.3.9.5. Orientation:
—
to the rear.
2.3.9.6. Electrical connections:
—
shall light up at any service brake application.
2.3.9.7. Closed-circuit tell-tale:
—
prohibited.
2.3.9.8. Other requirements:
—
vehicles may be fitted with an emergency stop signal as defined in point 2.28 of UNECE regulation No 48, provided that all relevant requirements of that regulation applying to such signals are met and the signal is activated and deactivated during conditions and/or decelerations as prescribed for vehicles of category M1,
—
vehicles may be fitted with a rear-end collision alert signal (RECAS) as defined in point 2.33 of UNECE regulation No 48, provided that all relevant requirements of that regulation applying to RECAS are met.
2.3.10. Rear fog lamp
2.3.10.1. Number:
—
one or two.
2.3.10.2. Arrangement:
—
no specific requirements.
2.3.10.3. Position:
2.3.10.3.1.
In width:
—
in the case of vehicles intended and equipped for right-hand traffic, a single rear fog lamp shall be fitted so that its reference centre lies within the longitudinal median plane of the vehicle or to the left side thereof,
—
in the case of vehicles intended and equipped for left-hand traffic, a single rear fog lamp shall be fitted so that its reference centre lies within the longitudinal median plane of the vehicle or to the right side thereof,
—
in the case of vehicles intended and equipped for both left-hand and right-hand traffic, a single rear fog lamp shall be fitted so that its reference centre lies within the longitudinal median plane of the vehicle;
—
in the case of vehicles intended and equipped for left-hand and/or right-hand traffic, two rear fog lamps shall be installed on the vehicle so that the reference centres of the rear fog lamps are symmetrical in relation to the longitudinal median plane of the vehicle.
2.3.10.3.2.
In height:
—
a minimum of 250 mm and a maximum of 1 000 mm above the ground; however, the latter value may be raised to 1 200 mm if the rear fog lamp is grouped with another lighting device.
2.3.10.3.3.
In length:
—
at the rear of the vehicle.
2.3.10.3.4.
Distance:
—
the distance between the edge of the light-emitting surface of the rear fog lamp and that of any stop lamp shall exceed 100 mm.
2.3.10.4. Geometric visibility:
—
α = 5° upwards and 5° downwards,
—
β = 25° to the left and to the right.
2.3.10.5. Orientation:
—
to the rear.
2.3.10.6. Electrical connections:
—
all rear fog lamps shall light up and extinguish simultaneously,
—
it shall be possible to activate the rear fog lamp only when the driving-beam headlamp, the passing-beam headlamp or the front fog lamp is activated,
—
it shall be possible to switch off the rear fog lamp independently of any other lamp,
—
the rear fog lamp shall be automatically deactivated when:
—
the front position lamp is switched off, and
—
the vehicle is shut down by means of the master control switch,
—
once the rear fog lamp has been switched off or deactivated, it shall not be automatically or independently reactivated unless the control for switching it on has been manually operated.
2.3.10.7. Closed-circuit tell-tale:
—
mandatory (non-flashing yellow tell-tale).
2.3.11. Reversing lamp
2.3.11.1. Number:
—
one or two.
2.3.11.2. Arrangement:
—
no specific requirements.
2.3.11.3. Position:
2.3.11.3.1.
In width:
—
if there is a single reversing lamp: no specific requirements,
—
if there are two reversing lamps, these shall be installed on the vehicle so that the reference centres of the reversing lamps are symmetrical in relation to its longitudinal median plane.
2.3.11.3.2.
In height:
—
a minimum of 250 mm and a maximum of 1 200 mm above the ground.
2.3.11.3.3.
In length:
—
at the rear of the vehicle.
2.3.11.4. Geometric visibility:
—
α = 15° upwards and 5° downwards,
—
β = 45° to the left and to the right if there is only one reversing lamp,
—
β = 45° outwards and 30° inwards if there are two reversing lamps.
2.3.11.5. Orientation:
—
to the rear.
2.3.11.6. Electrical connections:
—
the reversing lamp shall emit light when the reversing device is engaged and the master control switch has been activated,
—
the reversing lamp shall not emit any light unless both conditions mentioned above satisfied.
2.3.11.7. Closed-circuit tell-tale:
—
optional.
2.3.11.8. Other requirements:
—
in the absence of prescriptions for reversing lamp lighting devices which can be type-approved for vehicles of category L, the reversing lamp shall be type-approved according to UNECE regulation No 23.
2.3.12. Rear registration plate lamp
2.3.12.1. Number:
—
one or more.
2.3.12.2. Arrangement and position:
—
such that the rear registration lamp illuminates the intended space for the rear registration plate.
2.3.12.3. Electrical connections:
—
shall light up in compliance with point 2.1.10.
2.3.12.4. Closed-circuit tell-tale:
—
the requirements of point 2.3.3.7 shall apply.
2.3.13. Rear retro-reflector (non-triangular)
2.3.13.1. Number:
—
one or two,
—
two in the case of vehicles with an overall width exceeding 1 000 mm,
—
additional rear retro-reflecting devices and materials are permitted provided that they do not impair the effectiveness of the mandatory lighting and light-signalling devices.
2.3.13.2. Arrangement:
—
one or two rear retro-reflectors of Class IA or IB.
2.3.13.3. Position:
2.3.13.3.1.
In width:
—
if there is a single rear retro-reflector, this shall be installed on the vehicle so that the reference centre of the rear retro-reflector is located within its longitudinal median plane,
—
if there are two rear retro-reflectors, these shall be installed on the vehicle so that the reference centres of the rear retro-reflectors are symmetrical in relation to its longitudinal median plane,
—
if there are two rear retro-reflectors, the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm.
2.3.13.3.2.
In height:
—
a minimum of 250 mm and a maximum of 900 mm above the ground.
2.3.13.3.3.
In length:
—
at the rear of the vehicle.
2.3.13.4. Geometric visibility:
—
α = 10° upwards and 10° downwards; however, the downward angle may be reduced to 5° if the rear retro-reflector is located less than 750 mm above the ground,
—
β = 30° to the left and to the right if there is only one rear retro-reflector,
—
β = 30° outwards and 30° inwards if there are two rear retro-reflectors.
2.3.13.5. Orientation:
—
to the rear.
2.3.13.6. Other requirements:
—
the light-emitting surface of a retro-reflector may have parts in common with any other red lamp installed at the rear of the vehicle.
2.3.14. Side retro-reflectors (non-triangular)
2.3.14.1. Number:
—
one or two on each side.
2.3.14.2. Arrangement:
—
a side retro-reflector of Class IA or IB shall be fitted within the first third and/or the last third of the vehicle’s overall length,
—
additional side retro-reflective devices and materials are permitted, provided that they do not impair the effectiveness of the mandatory lighting and light-signalling devices.
2.3.14.3. Position:
2.3.14.3.1.
In width:
—
no specific requirements.
2.3.14.3.2.
In height:
—
a minimum of 250 mm and a maximum of 900 mm above the ground; however, the latter value may be raised to 1 200 mm if the side retro-reflector is grouped with another lighting device.
2.3.14.3.3.
In length:
—
no specific requirements.
2.3.14.4. Geometric visibility:
—
α = 10° upwards and 10° downwards; however, the downward angle may be reduced to 5° if the side retro-reflector is located less than 750 mm above the ground,
—
β = 45° to the front and to the rear.
2.3.14.5. Orientation:
—
to the side.
2.3.15. Side marker lamp
2.3.15.1. Number:
—
one or two on each side.
2.3.15.2. Arrangement:
—
a side marker lamp of Class SM1 or SM2 may be fitted within the first third and/or the last third of the vehicle’s overall length.
2.3.15.3. Position:
2.3.15.3.1.
In width:
—
no specific requirements.
2.3.15.3.2.
In height:
—
a minimum of 250 mm and a maximum of 1 500 mm above the ground.
2.3.15.3.3.
In length:
—
no specific requirements.
2.3.15.4. Geometric visibility:
—
α = 10° upwards and 10° downwards; however, the downward angle may be reduced to 5° if the side retro-reflector is located less than 750 mm above the ground;
—
β = 30° to the front and to the rear.
2.3.15.5. Orientation:
—
to the side.
2.3.15.6. Electrical connections:
—
shall light up together with the lighting devices referred to in point 2.1.10,
—
may be such that the side marker lamps flash at the same frequency, in phase and either synchronously or alternately with the direction indicator lamps installed on the same side of the vehicle.
2.3.15.7. Closed-circuit tell-tale:
—
in accordance with the requirements of point 2.3.3.7.
2.3.15.8. Other requirements:
—
in the absence of prescriptions for side marker lamp lighting devices which can be type-approved for vehicles of category L, the lamps shall be type-approved according to UNECE regulation No 91.
2.4. As an alternative to the requirements in points 2 to 2.3.15.8, vehicles of categories L2e, L5e, L6e and L7e may comply with all relevant requirements of UNECE regulation No 48 as prescribed for vehicle category M1.
In this case, specific requirements of UNECE regulation No 48 shall not be substituted or waived on the basis of differences in, or an absence of, specific provisions in this Annex (e.g. installation of headlamp cleaning devices, manual headlamp levelling device).
2.5. Bearing in mind the variety of forms of construction of categories L2e, L5e, L6e and L7e vehicles, the vehicle manufacturer may in agreement with the technical service and approval authority choose to apply all relevant requirements of UNECE regulation No 53, as prescribed for vehicles of category L3e, as an alternative to the requirements as laid down in points 2 to 2.3.15.8. In this case, specific requirements of UNECE regulation No 53 shall not be substituted or waived on the basis of differences in, or an absence of, specific provisions in this Annex and it shall be accepted only in case of vehicles with an overall width not exceeding 1 300 mm which tend to lean while cornering (e.g. for a type of vehicle which has the overall appearance of a motorcycle, but which is equipped with three wheels classifying it as an L5e category vehicle).
3. Requirements concerning vehicles of category L4e.
3.1. If the side-car can be detached from the motorcycle so that the motorcycle can be used without it, the motorcycle shall fulfil the requirements for solo motorcycles in point 1.3 in addition to those in points 3.2 to 3.2.8.1 below. The requirements of point 1.9 may also be taken into account.
3.1.1. In this case, it shall be possible to electrically disconnect the direction indicator lamps mounted on the motorcycle and placed between the motorcycle and the side-car.
3.2. When the side-car is connected to the motorcycle, either permanently or in a detachable way, the motorcycle with side-car shall fulfil all the relevant requirements of UNECE regulation No 53 as prescribed for vehicle category L3e and the additional provisions below.
3.2.1. Front position lamps
3.2.1.1. Number:
—
two or three;
—
the side-car shall be equipped with one front position lamp;
—
the motorcycle shall be equipped with one front position lamp; however, it may be equipped with two front position lamps, provided that these are fitted in accordance with the relevant provisions of UNECE regulation No 53 as prescribed for vehicle category L3e (solo motorcycle).
3.2.1.2. Position:
—
the position shall be as specified in UNECE regulation No 53 for vehicle category L3e, except as follows:
3.2.1.2.1.
In width:
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm (this limit value does not apply to a second front position lamp fitted to the motorcycle).
3.2.1.3. Geometric visibility:
—
the front position lamps on the side-car and motorcycle may be considered as a pair.
3.2.1.4. In all remaining respects, front position lamps shall comply with the requirements of UNECE regulation No 53 as prescribed for vehicle category L3e.
3.2.2. Daytime running lamps
3.2.2.1. Number:
—
two or three,
—
the side-car may be equipped with one daytime running lamp,
—
the motorcycle may be equipped with one daytime running lamp; however, it may be equipped with two daytime running lamps, provided that these are fitted in accordance with the relevant provisions of UNECE regulation No 53 as prescribed for vehicle category L3e (solo motorcycle).
3.2.2.2. Position:
—
the position shall be as specified in UNECE regulation No 53 for vehicle category L3e, except as follows:
3.2.2.2.1.
In width:
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm (this limit value does not apply to a second daytime running lamp fitted to the motorcycle).
3.2.2.3. Geometric visibility:
—
the daytime running lamps on the side-car and motorcycle may be considered as a pair.
3.2.2.4. In all remaining respects, daytime running lamps shall comply with the requirements of UNECE regulation No 53 as prescribed for vehicle category L3e.
3.2.3. Direction indicator lamps
3.2.3.1. Position:
—
the position shall be as specified in UNECE regulation No 53 for vehicle category L3e, except as follows:
3.2.3.1.1.
In width (concerning all electrically connected direction indicator lamps):
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm,
—
the inward edges of the light-emitting surfaces shall be at least 600 mm apart,
—
there shall be a minimum distance between the light-emitting surface of a front direction indicator lamp and the nearest passing-beam headlamps of:
—
75 mm in the case of a minimum indicator intensity of 90 cd,
—
40 mm in the case of a minimum indicator intensity of 175 cd,
—
20 mm in the case of a minimum indicator intensity of 250 cd,
—
≤ 20 mm in the case of a minimum indicator intensity of 400 cd,
—
both front direction indicator lamps shall have a comparable level of photometric performance, as shall both rear direction indicator lamps.
3.2.3.1.2.
In length (this point applies only to the side of the side-car):
—
the front direction indicator lamp shall be located on the front half of the side-car and the rear direction indicator lamp shall be located on the rear half.
3.2.3.2. Geometric visibility:
—
the horizontal angles are clarified as follows: see Figure 9-4.
Figure 9-4
Direction indicator lamp arrangement
3.2.3.3. In all remaining respects, direction indicator lamps shall comply with the requirements of UNECE regulation No 53 as prescribed for vehicle category L3e.
3.2.4. Hazard warning signal
3.2.4.1. The hazard warning signal shall be given by simultaneous operation of all direction indicator lamps, as referred to in points 3.1 to 3.2 and 3.2.3 to 3.2.3.3.
3.2.5. Rear position lamps
3.2.5.1. Number:
—
two or three,
—
the side-car shall be equipped with one rear position lamp,
—
the motorcycle shall be equipped with one rear position lamp; however, it may be equipped with two rear position lamps provided that these are fitted in accordance with the relevant provisions of UNECE regulation No 53 as prescribed for vehicle category L3e (solo motorcycle).
3.2.5.2. Position:
—
the position shall be as specified in UNECE regulation No 53 as prescribed for vehicle category L3e, except as follows:
3.2.5.2.1.
In width:
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm (this limit value does not apply to a second rear position lamp fitted to the motorcycle).
3.2.5.3. Geometric visibility:
—
the rear position lamps on the side-car and motorcycle may be considered as a pair.
3.2.5.4. In all remaining respects, rear position lamps shall comply with the requirements of UNECE regulation No 53 as prescribed for vehicle category L3e.
3.2.6. Stop lamps
3.2.6.1. Number:
—
two or three;
—
the side-car shall be equipped with one stop lamp;
—
the motorcycle shall be equipped with one stop lamp; however, it may be equipped with two stop lamps provided that these are fitted in accordance with the relevant provisions of UNECE regulation No 53 as prescribed for vehicle category L3e (solo motorcycle).
3.2.6.2. Position:
—
the position shall be as specified in UNECE regulation No 53 for vehicle category L3e, except as follows:
3.2.6.2.1.
In width:
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm (this limit value does not apply to a second stop lamp fitted to the motorcycle).
3.2.6.3. Geometric visibility:
—
the stop lamps on the side-car and motorcycle may be considered as a pair.
3.2.6.4. In all remaining respects, stop lamps shall comply with the requirements of UNECE regulation No 53 as prescribed for vehicle category L3e.
3.2.7. Rear retro-reflector (non-triangular)
3.2.7.1. Number:
—
two or three;
—
the side-car shall be equipped with one rear retro-reflector;
—
the motorcycle shall be equipped with one rear retro-reflector, or two, provided that these are fitted in accordance with the relevant provisions of UNECE regulation No 53 as prescribed for vehicle category L3e (solo motorcycle);
—
additional rear retro-reflecting devices and materials are permitted provided that they do not impair the effectiveness of the mandatory lighting and light-signalling devices.
3.2.7.2. Position:
—
the position shall be as specified in UNECE regulation No 53 for vehicle category L3e, except as follows:
3.2.7.2.1.
In width:
—
the lateral distance between the outward edges of the light-emitting surfaces and the outermost edges of the vehicle shall not exceed 400 mm (this limit value does not apply to a second rear retro-reflector fitted to the motorcycle or any additional rear retro-reflecting devices and materials fitted to the vehicle).
3.2.7.3. Geometric visibility:
—
the rear retro-reflectors on the side-car and motorcycle may be considered as a pair.
3.2.7.4. In all remaining respects, rear retro-reflectors shall comply with the requirements of UNECE regulation No 53 as prescribed for vehicle category L3e.
3.2.8. Visibility of a red light towards the rear and a white light towards the front.
3.2.8.1. Zone 1 and Zone 2, as referred to in UNECE regulation No 53, are applied as follows: see Figures 9-5 and 9-6.
Figure 9-5
Direct visibility towards the front of the light-emitting surface of a lamp emitting red light
Figure 9-6
Direct visibility towards the rear of the light-emitting surface of a lamp emitting white light
(1) OJ L 166, 18.6.2013, p. 88.
(2) OJ L 323, 6.12.2011, p. 46.
ANNEX X
Requirements regarding rearward visibility
1.
Vehicles of categories L1e-B, L3e and L4e shall meet all the relevant requirements of UNECE regulation No 81.
1.1.
Vehicles of categories L1e-B, L3e and L4e may be fitted with Class II or III devices for indirect vision which are type-approved according to UNECE regulation No 46.
2.
Vehicles of categories L2e, L5e, L6e and L7e shall meet all the relevant requirements of UNECE regulations Nos 81 or 46.
2.1.
Vehicles of categories L2e, L5e, L6e and L7e meeting the relevant requirements of UNECE regulation No 81 may be fitted with Class II or III devices for indirect vision which are type-approved according to UNECE regulation No 46.
2.2.
Vehicles of categories L2e, L5e, L6e and L7e may optionally be fitted with an additional Class I device.
ANNEX XI
Requirements applying to roll-over protective structure (ROPS)
1. Requirements for the approval of a type of vehicle with regard to roll-over protective structure
1.1. Vehicles of category L7e-B2 shall be equipped with a roll-over protection structure (ROPS) and so designed and constructed as to fulfil the essential purpose laid down in this Annex. This condition is considered to be fulfilled if the prescriptions in points 2 to 4.9 are complied with, if no part of the zone of clearance has been entered by the protection structure, and if no part of the zone of clearance has been exposed outside the boundaries of the protection structure at any time during the three tests.
2. Testing provisions
2.1. General testing provisions
2.1.1. Tests conducted using special rigs are intended to simulate the loads imposed on a protection structure when the vehicle overturns. These test loads therefore concern push forces. The tests as described in this Annex enable observations to be made on the strength of the protection structure and any brackets attaching it to the vehicle and any parts of the vehicle which transmit the test force.
2.2. Preparation of the test
2.2.1. The protection structure submitted for type-approval shall conform to the series production specifications. It shall be attached to the vehicle for which it is designed in accordance with the manufacturer’s declared method. A complete vehicle is not required for the test; however, the protection structure and parts of the vehicle to which it is attached for the tests shall represent an operating installation, hereinafter referred to as ‘the assembly’.
2.2.2. The assembly shall be secured to the bedplate so that the members connecting the assembly and the bedplate do not deflect significantly in relation to the protection structure under loading. The method of attachment of the assembly to the bedplate shall not of itself affect the strength of the assembly.
2.2.3. The assembly shall be supported and secured or modified so that all the test energy is absorbed by the protection structure and its attachment to the rigid components of the vehicle.
2.2.3.1.
To comply with the requirements of point 2.2.3, the modification shall lock any vehicle wheel and axle suspension system so as to ensure that it does not absorb any of the test energy.
2.2.4. For the tests, the vehicle shall be fitted with all structural components of the series production which may influence the strength of the protection structure or which may be necessary for the strength test. Components which may create a hazard in the zone of clearance shall also be fitted so that they may be examined for compliance with the requirements of point 1.1.
2.2.4.1.
All components that the vehicle operator can remove shall be removed for the tests. If it is possible to keep doors and windows open or to remove them completely when the vehicle is in use, they shall be kept open or removed during the tests, so as not to increase the strength of the roll-over protection structure.
3. Apparatus and equipment
3.1. Vertical loading tests (transverse and longitudinal)
3.1.1. Material, equipment and tie-down provisions shall be arranged so as to ensure that the assembly is firmly fixed to the bedplate, independently of wheels and axles if present (i.e. the mounting shall override any wheel or axle suspension). See Figures 11-1 and 11-2.
Figure 11-1
Figure 11-2
3.1.2. The vertical forces on the protection structure shall be applied in turn through a transverse orientation stiff beam and a longitudinal orientation stiff beam on separate untested assemblies. The beam’s vertical longitudinal median plane, as considered in the transverse direction in relation to the vehicle, shall be placed 300 mm forward of the driver’s seat R-point for the transverse test. The beam’s vertical longitudinal median plane, as considered in the longitudinal direction in relation to the vehicle, shall be placed inward of the vertical longitudinal plane touching the widest point of the top third of the protective structure at a distance equal to one sixth of the overall width of the top third. The left or right side of the protective structure of vehicle for the test shall be selected in accordance with point 4.3 and the technical service shall provide clear justification for the judgment criteria in the test report.
3.1.2.1.
The beam shall be sufficiently stiff, have a bottom vertical face width of 150 ± 10 mm and be long enough to cover the entire protective structure, even when the latter is flexing under load.
3.1.2.2.
Provision shall be made so that the load can be uniformly distributed normal to the direction of loading.
3.1.2.3.
The edges of the beam in contact with the protection structure may have a radius of curvature of up to 25 mm.
3.1.2.4.
Universal joints or the equivalent shall be incorporated to ensure that the loading device does not constrain the structure in rotation or translation in any direction other than the direction of loading.
3.1.2.5.
Where the horizontal length of the protection structure to which the load is to be applied does not constitute a straight line normal to the direction of application of the load, the space shall be packed or otherwise filled so as to distribute the load horizontally over this length.
3.1.3. Equipment shall be provided for measuring the energy absorbed by the protection structure and the rigid parts of the vehicle to which it is attached, for example by measuring the force applied along its vertical direction of application and the corresponding vertical deflection of the beam relative to the horizontal plane passing through the R-point of the driver’s seating position.
3.1.4. Visual means shall be provided to assess any intrusion or exposure of the zone of clearance during the force application.
4. Test provisions
4.1. If, during the test, any part of the test setup fixing and restraining equipment shifts significantly, the test shall be invalidated.
4.2. The protection structure to be tested need not be fitted with front, side or rear safety glazing or any detachable panels, fittings and accessories which have no function of structural strength and which cannot create a hazard in the event of overturning.
4.3. Where the driver’s seat is not on the median longitudinal plane of the vehicle and/or where the strength of the structure is non-symmetrical, the vertical longitudinal loading shall be on the side most likely to lead to infringement or exposure of the zone of clearance during the test.
4.4. The protection structure shall carry the necessary equipment to obtain the data required to draw the force-deflection diagram.
4.5. The rate of deflection under loading by the vertical force shall not exceed 5 mm/s. As the load is applied, the values Fv (N) (i.e. static load force exerted by the beam) and Dv (mm) (i.e. vertical deflection of the beam at the point of, and in line with, the load application) shall be recorded simultaneously at deflection increments of 15 mm or less to ensure sufficient accuracy. Once the initial application has commenced, the load shall not be reduced until the test has been completed; however, load increases may be suspended, for example to record measurements.
4.6. If no structural cross-member exists at the point of application, a substitute test beam which does not add strength to the structure may be used for the test procedure.
4.7. The energy (J) absorbed by the structure in each vertical loading test shall be at least equal to
, (where mtest (kg) equals the vehicle mass in running order plus the mass of any propulsion batteries) and the minimum energy level to be achieved is calculated as follows:
. Fv shall not exceed 2 × mtest × g, even if the minimum energy level to be achieved is not reached.
4.8. The longitudinal vertical loading condition shall be repeated taking into account a simultaneously applied horizontal force component. First, a static horizontal transverse load equal to
(where g equals 9,81 m.s–2) shall be applied onto the widest point as described in point 3.1.2 and on the side selected in accordance with point 4.3. Then, the longitudinal vertical loading shall be applied at the same coordinates of the test performed without the horizontal transverse load, equal to 0,5 × Fv(max) (where Fv(max) is the maximum value of Fv observed during the test performed without the horizontal transverse load).
4.9. After each test, the final permanent deflection of the protection structure shall be recorded in the test report.
ANNEX XII
Requirements applying to safety belt anchorages and safety belts
PART 1
Requirements for the approval of a type of vehicle with regard to safety belt anchorages and safety belts
1. General requirements
1.1.
Vehicles of categories L2e, L5e, L6e and L7e with a mass in running order 270 kg shall be fitted with safety belt anchorages and safety belts on seats (i.e. not required in case of saddles), complying with the requirements of this Annex.
1.2.
Vehicles of categories L2e, L5e, L6e and L7e with a mass in running order ≤ 270 kg may be fitted with safety belt anchorages and/or safety belts, provided that these comply with the requirements of this Annex.
1.3.
The number of safety belt anchorages provided shall be sufficient to facilitate the correct installation of the mandatory, voluntary or optionally installed safety belt on any given seat.
1.4.
Safety belt anchorages shall conform to the 7/16-20 UNF 2B thread size and tolerance specifications.
1.4.1.
However, if the vehicle manufacturer has fitted safety belts as standard equipment to specific seating positions, the safety belt anchorages for those seating positions may have characteristics different from those specified in point 1.4.
1.4.2.
Anchorage points complying with the specific provisions for the installation of special-type (e.g. harness-type) safety belts may have characteristics different from those specified in point 1.4.
1.5.
It shall be possible to remove a safety belt without any remaining damage to the safety belt anchorage point.
1.6.
The R-point of a seating position shall be determined as follows:
1.6.1.
The R-point of a saddle shall be taken as declared by the vehicle manufacturer and duly justified by means of appropriate vehicle design criteria taking into account the characteristics of a 50th percentile male manikin (i.e. Hybrid III anthropomorphic test device) and its hip pivot point.
1.6.2.
The R-point of a seat shall be established in accordance with the provisions in Appendix 3 to Part 2 of Annex VII to this Regulation.
PART 2
Requirements applying to safety belt anchorages
1. Specific requirements for safety belt anchorages
1.1 The safety belt anchorages may be incorporated within the chassis, bodywork, seat or any other structure of the vehicle.
1.2. A single safety belt anchorage point may be used for attaching the safety belts for two adjacent seating positions.
1.3. The permitted locations of the effective safety belt anchorage points for all seating positions are indicated in Figures 11-P2-1 and 11-P2-2 and clarified below.
1.4. Position of the lower effective safety belt anchorages
1.4.1. The α1 and α2 angles shall lie between 30° and 80° in all normal positions of use of the seat.
1.4.2. If seats are fitted with an adjustment system and the manufacturer’s declared torso angle is less than 20°, the α1 and α2 angles referred to in the previous point may lie between 20° and 80° in all normal positions of use of the seat.
1.4.3. The distance between the two vertical planes parallel to the longitudinal median plane of the vehicle and passing through each of the two lower effective anchorages L1 and L2 of the same safety belt shall not be less than 350 mm. This may be reduced to 240 mm in the case of a centre-row rear seating position. The longitudinal median plane of the seating position shall pass points L1 and L2 at no less than 120 mm from those points.
1.5. Location of the upper effective safety belt anchorages
1.5.1. If a strap guide, D-ring or similar device affecting the position of an effective safety belt upper anchorage is used, that position is determined in a conventional manner by considering the position of the anchorage when the safety belt is worn by an occupant, represented by a 50th percentile male manikin, with the seat adjusted to the design position as specified by the vehicle manufacturer.
1.5.2. Points J1 and J2 shall be determined as follows:
point J1 is determined in relation to the R-point by means of the following three segments:
—
RZ
:
segments of torso reference line measured from the R-point upwards over a length of 530 mm;
—
ZX
:
segment perpendicular to the longitudinal median plane of the vehicle measured from point Z in the direction of the anchorage and having a length of 120 mm;
—
XJ1
:
segment perpendicular to the plane defined by segments RZ and ZX measured from point X forwards over a length of 60 mm;
point J2 is determined by symmetry with point J1 about the longitudinal plane vertically crossing the torso reference line of the relevant seat.
1.5.3. A single upper effective safety belt anchorage point shall comply with the following requirements:
1.5.3.1.
The upper effective safety belt anchorage point shall lie below the plane FN that is perpendicular to the longitudinal median plane of the seating position and forms an angle of 65° with the torso reference line. For rear seats, this angle may be reduced to 60°. The plane FN may therefore not be perfectly horizontal and shall intersect the torso reference line at a point D so that:
.
However, if S does not exceed 200 mm:
DR = 675 mm.
1.5.3.2.
The upper effective safety belt anchorage point shall also lie behind plane FK perpendicular to the longitudinal median plane of the seat and intersect the torso reference line at an angle of 120° at a point B so that:
.
If S is not less than 280 mm, the vehicle manufacturer may opt to use:
1.5.3.3.
The value S shall not be less than 140 mm.
1.5.3.4.
The upper effective safety belt anchorage point shall also be located behind a vertical plane that is perpendicular to the longitudinal median plane of the vehicle and passes through the R-point.
1.5.3.5.
The upper effective safety belt anchorage point shall also be located above the horizontal plane passing through the point C.
Point C is located 450 mm vertically above the R-point.
However, if distance S is 280 mm or more and if the vehicle manufacturer did not opt to use the alternative formula for BR in point 1.5.3.2, the vertical distance of 500 mm between point C and the R-point shall apply.
1.5.3.6.
More than one actual upper safety belt anchorage point may be fitted, provided that all resulting effective safety belt anchorage points meet the requirements of points 1.5.3 to 1.5.3.5.
1.5.3.7.
If the height of the upper safety belt anchorage point is manually adjustable without the use of any tools, all selectable upper safety belt anchorage point positions and the resulting effective safety belt anchorage points shall comply with the requirements of points 1.5.3 to 1.5.3.5. In this case, the permitted area as defined above may be enlarged by shifting it 80 mm upwards and downwards in the vertical direction; however, the permitted area remains bounded by the horizontal plane passing through point C (See Figure 11-P2-1).
1.5.4. Anchorage points intended for special-type (e.g. harness-type) safety belts
1.5.4.1. Any additional upper effective safety belt anchorage point shall lie on the opposite side of the first upper effective anchorage point in relation to the longitudinal median plane of the seating position. In addition:
—
both upper safety belt effective anchorage points shall be located above the horizontal plane passing through the point C;
—
both upper safety belt effective anchorage points shall be located behind the transverse plane passing through the torso reference line;
—
where there is a single actual safety belt anchorage point (i.e. both ends of the safety belt are to be attached to a single anchorage point), this shall be located within the area common to two dihedrals bounded by vertical lines passing through the points J1 and J2, and for each point forming an angle of 30° horizontally between two vertical planes which are in turn related to the two vertical longitudinal planes intersecting both J1 and J2 and forming an outward angle of 10° and an inward angle of 20° with those longitudinal planes. (See Figure 11-2);
—
where there are two separate actual safety belt anchorage points, these shall be located within each of the respective areas formed by dihedrals bounded by vertical lines passing through the points J1 and J2, and for each point forming an angle of 30° horizontally between two vertical planes which are in turn related to the two vertical longitudinal planes intersecting both J1 and J2 and forming an outward angle of 10° and an inward angle of 20° with those longitudinal planes. (See Figure 11-P2-2). In addition, the two anchorage points shall be so located that they are no more than 50 mm apart in any direction when one of the points is mirrored in relation to the vertical longitudinal plane passing through the R-point of the seating position in question.
Figure 11- P2-1
Text of image
DR = 315 + 1,8 S
BR = 260 + S
except as otherwise specified in paragraphs 1.5.3.1. to 1.5.3.2. of Part 2 of this Annex
Figure 11- P2-2
2. Strength of safety belt anchorages
2.1. Each safety belt anchorage point shall capable of withstanding the tests provided for in points 3 to 3.5.1. Permanent deformation, including partial rupture of an anchorage or the surrounding area, does not constitute failure if the required force is sustained for the specified time. During the test, the minimum distances for the lower effective safety belt anchorage points set out in point 1.4.3 and the minimum height of the upper effective safety belt anchorage points set out in point 1.5.3.5 shall be maintained.
2.2. Displacement systems fitted to seats shall be capable of being manually activated once after the tractive force is no longer applied.
3. Testing provisions
3.1. General testing provisions
3.1.1. Subject to the provisions set out in points 3.2 to 3.2.3 and in line with the manufacturer’s request:
3.1.1.1.
The tests may be carried out on either a vehicle structure or a fully finished vehicle.
3.1.1.2.
The windows and doors may be installed and placed in the open or closed position.
3.1.1.3.
Any normally fitted component which is likely to contribute to the overall structural integrity of the vehicle may be installed.
3.1.2. All seats shall be adjusted to a position of use for normal driving, as selected by the technical service responsible for carrying out the type-approval tests, and it shall be ensured that the least favourable (i.e. worst-case) positions of the seats are assessed during the tests.
3.1.2.1.
The position of the seats shall be accurately recorded in the report. If its angle is adjustable, the backrest shall be locked in position in accordance with the manufacturer’s instructions or, in their absence, in a position corresponding to a torso angle as close as possible to 25°.
3.2. Provisions for securing and restraining the vehicle during the test
3.2.1. The method used to restrain the vehicle during the test shall not have the effect of reinforcing the anchorage or anchorage areas, or interfere with the normal deformation of the structure.
3.2.2. The method used to restrain the vehicle during the test is considered satisfactory if it has no effect on an area extending throughout the width of the structure and if the vehicle or structure is locked or attached at the front at an overall distance of at least 500 mm from the actual anchorage point to be tested and held or attached at the rear at an overall distance of at least 300 mm from the actual anchorage point to be tested.
3.2.3. It is recommended that the structure rests on supports directly below the wheel axles or, if this is not possible, directly below the wheel suspension points.
3.3. General test requirements
3.3.1. All the anchorages within the same group of seats shall be tested simultaneously.
3.3.2. The tractive force shall be applied forwards at an angle of 10° ± 5° above the horizontal in a plane parallel to the longitudinal median plane of the vehicle.
3.3.3. The loading shall begin as quickly as possible. The anchorages shall withstand the specified load for at least 0,2 seconds.
3.3.4. The traction devices to be used for the tests described in points 3.4 to 3.4.5.2 shall comply with the specifications laid down in Annex 5 to UNECE regulation No 14 (1). The width of the traction device shall be selected so as to correspond with, or be as close as possible to, the design value of the width between the lower effective safety belt anchorages.
3.3.5. Safety belt anchorages for seats fitted with upper anchorages shall be tested under the following conditions:
3.3.5.1.
Outboard front seating positions:
In the case of safety belts incorporating a inertia reel retractor attached to a separate lower side anchorage point:
—
the anchorages are subjected to the test laid down in points 3.4.1 to 3.4.1.3 in which the forces are applied to them by means of a device reproducing the geometry of a three-point belt incorporating an inertia reel retractor attached to a lower side anchorage and a D-ring acting through the upper anchorage.
In the case of safety belts not incorporating a inertia reel retractor attached to a separate lower side anchorage point:
—
the anchorages shall be subjected to the test laid down in points 3.4.2 to 3.4.2.2. in which the forces are applied to them by means of a device reproducing the geometry of a three-point non-inertia reel belt;
—
the lower anchorages shall in addition be subjected to the test laid down in points 3.4.3 to 3.4.3.1 in which the forces are transferred to the lower anchorages by means of a device representing a lap belt;
—
the two tests may be carried out on two different structures at the request of the manufacturer.
If the height of the upper safety belt anchorage point is manually adjustable without the use of any tools, it shall be set in the least favourable (i.e. worst-case) position as decided by the technical service.
In the case of multiple upper safety belt anchorage points for use with a special-type (e.g. harness-type) safety belt, these shall all be subjected to the test required in points 3.4.5 to 3.4.5.2, in which the forces are applied to them by means of a device reproducing the geometry of the type of safety belt intended to be attached to those anchorages.
3.3.5.2.
Rear outboard seating positions and/or centre seating positions:
In the case of three-point safety belts incorporating a inertia reel retractor attached to a separate lower side anchorage point:
—
the anchorages are subjected to the test laid down in points 3.4.1 to 3.4.1.3 in which the forces are applied to them by means of a device reproducing the geometry of a three-point belt incorporating an inertia reel retractor attached to a lower side anchorage and a D-ring acting through the upper anchorage.
In the case of three-point safety belts not incorporating a inertia reel retractor attached to a separate lower side anchorage point:
—
the anchorages shall be subjected to the test laid down in points 3.4.2 to 3.4.2.2 in which the forces are applied to them by means of a device reproducing the geometry of a three-point non-inertia reel belt;
—
the lower anchorages shall in addition be subjected to the test laid down in points 3.4.3 to 3.4.3.1 in which the forces are transferred to the lower anchorages by means of a device representing a lap belt;
—
at the request of the manufacturer, the two tests may be carried out on two different structures.
If the height of the upper safety belt anchorage point is manually adjustable without the use of any tools, it shall be set in the least favourable (i.e. worst-case) position as decided by the technical service.
In the case of multiple upper safety belt anchorage points for use with a special-type (e.g. harness-type) safety belt, they shall all be subjected to the test required in points 3.4.5. to 3.4.5.2., in which the forces are applied to them by means of a device reproducing the geometry of the type of safety belt intended to be attached to those anchorages.
3.3.6. Safety belt anchorages for seating positions not fitted with upper anchorages shall be tested under the following conditions:
3.3.6.1.
Outboard front seating positions:
In the case of two-point or lap safety belts:
—
not permitted.
3.3.6.2.
Rear outboard seating positions and/or centre seating positions:
In the case of two-point or lap safety belts:
—
the lower anchorages shall be subjected to the test laid down in points 3.4.3 to 3.4.3.1 in which the forces are transferred to the lower anchorages by means of a device representing a lap belt.
3.3.7. If the safety belt systems to be installed in the vehicle require the use of specific equipment such as brackets, rollers, additional anchorages or guides, without which the testing straps or cables cannot be attached directly to the anchorages, such equipment shall be mounted and used during all tests as appropriate.
3.4. Specific requirements for the tests to be carried out on vehicles having a mass in running order ≤ 600 kg
3.4.1. Test in three-point belt configuration incorporating a retractor having a D-ring, pulley or strap guide at the upper actual safety belt anchorage
3.4.1.1.
A reverser, pulley or guide for the cable or strap with the characteristics needed to transfer the forces from the traction device is attached to the upper anchorages. A normal safety belt system may be used instead.
3.4.1.2.
A test loading of 675 daN ± 20 daN shall be applied to a shoulder belt traction device attached to the belt anchorages by means of a cable or strap reproducing the geometry of the upper diagonal strap of the corresponding safety belt.
3.4.1.3.
At the same time, a tractive force of 675 daN ± 20 daN shall be applied to a lap belt traction device attached to the two lower anchorages.
3.4.2. Test in three-point belt configuration without a retractor or with a retractor mounted directly to the upper actual anchorage point
3.4.2.1.
A test loading of 675 daN ± 20 daN shall be applied to a shoulder belt traction device attached to the upper anchorage and to the opposite lower belt anchorage of the same safety belt using, if fitted as standard equipment by the manufacturer, a retractor fixed at the upper actual safety belt anchorage.
3.4.2.2.
At the same time, a tractive force of 675 daN ± 20 daN shall be applied to a lap belt traction device attached to the two lower anchorages.
3.4.3. Test in lap-belt configuration
3.4.3.1.
A test loading of 1 110 daN ± 20 daN shall be applied to a lap belt traction device attached to the two lower anchorages.
3.4.4. Additional test requirements in the case of safety belt anchorage points located wholly within the seat structure or dispersed between the vehicle structure and the seat structure
3.4.4.1.
The three specific safety belt configuration tests in points 3.4.1, 3.4.2 and 3.4.3 shall be conducted while an additional force, as specified below, is exerted for each seat and/or each group of seats.
3.4.4.2.
The additional longitudinal and horizontal force shall be equal to ten times the weight of the complete seat and applied directly to the centre of gravity of the seat structure in question through a separate force application device.
3.4.5. Test in special-type belt configuration (other than those for three-point belt or lap-belt)
3.4.5.1.
A test loading of 675 daN ± 20 daN shall be applied to a shoulder belt traction device attached to the belt anchorages meant for a special-type safety belt, by means of cables or straps reproducing the geometry of the upper diagonal strap or straps of the corresponding safety belt.
3.4.5.2.
At the same time, a tractive force of 675 daN ± 20 daN shall be applied to a lap-belt traction device attached to the two lower anchorages.
3.5. Specific requirements for the tests to be carried out on vehicles having a mass in running order 600 kg or where the vehicle manufacturer chooses to fulfil these requirements on a voluntary basis
3.5.1.
Vehicles covered by the criteria set out in point 3.5 shall meet all the relevant requirements of UNECE regulation No 14 with regard to anchorages for safety belts intended for adult occupants, as prescribed for vehicle category M1.
3.6.
If an ISOFIX anchorage system or a system which resembles ISOFIX is fitted optionally to the vehicle, all relevant location, marking and strength requirements for such systems in UNECE regulation No 14 shall be met.
3.6. Test report requirements
3.6.1.
The deformation of the safety belt anchorage points and the load supporting structures resulting from the application of the loads as specified in points 3.4 to 3.5.1 shall be accurately recorded after the tests and included in the test report.
PART 3
Requirements applying to the installation of safety belts
1.
In the absence of specific requirements for vehicles of categories L2e, L5e, L6e and L7e in UNECE regulation No 16, vehicles of those categories which are fitted with safety belts shall meet all relevant requirements of that regulation as prescribed for vehicle category N1, as well as the following:
1.1.
Without prejudice to the requirements of points 1.1 and 1.2 of Part 1, concerning the mass in running order, safety belts shall be fitted to all seating positions consisting of seats.
1.1.1.
The driver’s seating position (including where this is central) shall in this case always be fitted with a three-point or harness-type safety belt.
1.2.
Vehicles of categories L7e-A2, L7e-B2 and L7e-C shall be fitted with three-point or harness-type safety belts on all seating positions, regardless of the vehicle mass in running order.
1.3.
Any reference in UNECE regulation No 16 to UNECE regulation No 14 shall be understood as a reference to Part 2, where appropriate.
1.4.
Safety belts may be fitted to seating positions consisting of saddles. These may be two-point or lap safety belts, rather than three-point safety belts, but shall meet all the remaining relevant requirements.
1.5.
All safety belts shall be type-approved and fitted in accordance with the safety belt manufacturer’s specifications.
(1) OJ L 109, 28.4.2011, p. 1.
ANNEX XIII
Requirements applying to seating positions (saddles and seats)
1. Requirements for the approval of a type of vehicle with regard to seating positions
1.1.
Vehicles shall be fitted with at least one seat or saddle.
1.1.1.
All seating positions shall be forward-facing.
1.2.
Vehicles without bodywork may have saddles.
1.3.
Vehicles of categories L2e, L5e, L6e and L7e which are fitted with bodywork shall have seats.
1.3.1.
By way of derogation to Article 2(5) of this Regulation and for the purpose of this Annex, a vehicle is deemed to have bodywork if there are structural elements beside and/or behind the lowest seating position which exceed the height of the R-point of the seating position in question. The area concerned is thus located in and behind the transverse vertical plane passing through the R-point of the seating position in question. Other seating positions, back rests, luggage compartments and racks, and any other fittings or components mounted to them, shall not be regarded as structural elements in this context (i.e. side doors, B-pillars and/or roof are regarded as bodywork). The technical service shall provide clear justification for the judgment criteria in the test report.
1.4.
The R-point of a seating position shall be determined as follows:
1.4.1.
The R-point of a saddle shall be taken as declared by the vehicle manufacturer and duly justified by means of appropriate vehicle design criteria taking into account the characteristics of a 50th percentile male manikin (i.e. Hybrid III anthropomorphic test device) and its hip pivot point.
1.4.2.
The R-point of a seat shall be established in accordance with Appendix 3 to Part 2 of Annex VII to this Regulation.
1.5.
All seats shall have seat backs.
1.5.1.
In order to assess the functionality of a seat back, it shall be possible to carry out at least one of the procedures below for each seat.
1.5.1.1.
The procedure for the determination of the H-point following the prescriptions in Annex 3 to UNECE regulation No 17 shall be carried out successfully (i.e. not taking into account any exemptions provided for in that regulation).
1.5.1.2.
Where the procedure of point 1.5.1.1 cannot be carried out correctly for a specific seat, this shall be demonstrated satisfactorily and subsequently a 50th percentile male manikin (i.e. Hybrid III anthropomorphic test device) may instead be placed on the seat, which shall be adjusted to the design position as specified by the vehicle manufacturer. In this case, the R-point of the seat in question shall be taken as declared by the vehicle manufacturer and duly justified by means of appropriate vehicle design criteria taking into account the characteristics of a 50th percentile male manikin and its hip pivot point. The technical service shall provide clear justification for the judgment criteria in the test report.
1.5.1.3.
If neither procedure can be carried out correctly, the seat and seat back are deemed not to comply with the requirements of this Annex.
1.6.
Spaces resembling seating positions, but not designated as such, shall not be permitted.
1.6.1.
Spaces resembling seats and on which a 5th percentile adult female manikin can be seated shall be regarded as seats and shall therefore meet all relevant requirements of this Annex.
1.7.
The height of the R-point of the seating position of the driver or rider shall be ≥ 540 mm in the case of vehicles of categories L1e, L3e and L4e and ≥ 400 mm in the case of vehicles of categories L2e, L5e, L6e and L7e, as measured from the ground surface.
1.7.1.
If the vehicle is equipped with systems which can change the vehicle’s riding height, this shall be set in the normal running condition as specified by the vehicle manufacturer.
1.8.
All seats and saddles which are fitted with safety belt anchorage points and/or safety belts shall be capable of withstanding a deceleration of 10 g for 20 ms in forward direction without breakage. If fitted, locking, adjustment and displacement systems shall not malfunction or release. Displacement systems fitted to seats shall be capable of being manually activated once after being subjected to the deceleration.
1.8.1.
Compliance with point 1.8 shall be demonstrated as follows:
—
for seats:
—
by submitting representative parts of the vehicle to a deceleration of 10 g in forward direction for at least 20 ms or
—
by performing the test in points 3.4.4 to 3.4.4.2 of Part 2 of Annex XII,
—
for saddles:
—
by exerting in the forward direction, in its centre of gravity, a force equal to ten times the weight of the complete saddle in question.
2. Child restraint systems
2.1.
Child restraint systems complying with UNECE regulation No 44 (1) may be recommended by the vehicle manufacturers for use in vehicles of categories L2e, L5e, L6e and L7e fitted with safety belts and/or ISOFIX.
2.1.1.
In this case, all relevant requirements of UNECE regulation No 16 regarding the installation of child restraint systems shall be met, including those regarding information provided in the vehicle’s instruction manual.
2.2.
Child restraint systems complying with UNECE regulation No 44 may be recommended by the vehicle manufacturers for use in side-cars of vehicles of category L4e fitted with safety belts and/or ISOFIX.
2.2.1.
In this case, the safety belt anchorages shall comply with the requirements of points 1.3 to 1.6.2 of Part 1 of Annex XII and points 1 to 3.6.1 of Part 2 of Annex XII; however, seats in side-cars may be fitted with two-point lap belts.
2.2.2.
All relevant requirements of UNECE regulation No 16 regarding the installation of child restraint systems shall be met, including those regarding the information to be provided in the vehicle’s instruction manual.
(1) OJ L 233, 9.9.2011, p. 95.
ANNEX XIV
Requirements regarding steer-ability, cornering properties and turn-ability
1. Requirements for the approval of a type of vehicle with regard to steer-ability, cornering properties and turn-ability
1.1.
Vehicles of categories L1e and L3e shall be tested according to the provisions of points 2 to 2.6 and meet the relevant requirements.
1.2.
Vehicles of categories L2e, L4e, L5e, L6e and L7e shall be tested according to the provisions of points 2 to 2.8 and meet the relevant requirements. In addition, these vehicles shall meet the specific construction requirements of points 1.2.1 to 1.2.2.2.
1.2.1.
Vehicles shall be constructed so that all wheels are capable of rotating at different individual speeds at all times. A device such as a differential may be installed; these may be locked automatically or by external means, but shall normally be unlocked.
1.2.1.1.
The locking function of such a device shall not be used to comply with specific braking requirements in Annex III, in particular regarding braking action being required, operating on all the vehicle’s wheels.
1.2.2.
Vehicles of categories L2e, L5e, L6e and L7e which are fitted with bodywork shall be equipped with a device for reversing which can be operated from the driver’s position.
1.2.2.1.
By way of derogation to Article 2(5) of this Regulation and for the purpose of this Annex, a vehicle is deemed to have bodywork if there are structural elements beside and/or behind the lowest seating position which exceed the height of the R-point of the seating position in question. The area concerned is thus located in and behind the transverse vertical plane passing through the R-point of the seating position in question. Other seating positions, back rests, luggage compartments and racks, and any other fittings or components mounted to them, shall not be regarded as structural elements in this context (i.e. side doors, B-pillars and/or roof are regarded as bodywork). The technical service shall provide clear justification for the judgment criteria in the test report.
1.2.2.2.
Vehicles of category L2e with a technically permissible maximum mass ≤ 225 kg, not fitted with a safety belt on the driver’s seating position and which cannot be fitted with side doors, are exempted from the requirement to be fitted with a device for reversing.
2. Test provisions
2.1.
The tests shall be conducted on a level surface affording good adhesion.
2.2.
During the tests, the vehicle shall be loaded to its technically permissible maximum mass.
2.3.
The tyre pressures shall be adjusted to the values specified by the vehicle manufacturer for the relevant load condition.
2.4.
It shall be possible to steer a vehicle from a straight ahead direction into a spiral with a final turning circle radius of 12 m at a speed of at least 6 km/h. In order to demonstrate compliance, one steering movement shall be made to the right and one to the left.
2.5.
It shall be possible to leave a curve with a turning circle radius of ≤ 50 m at a tangent without unusual vibration in the steering equipment at 50 km/h or at the maximum design vehicle speed, if this is lower. In order to demonstrate compliance, one steering movement shall be made to the left and one to the right.
2.5.1.
The test speed may be reduced to 45 km/h if the radius is 40 m, 39 km/h if the radius is 30 m, 32 km/h if the radius is 20 m and 23 km/h if the radius is 10 m.
2.6.
It shall be possible to travel along a straight section of road surface without unusual steering corrections by the rider or driver and without unusual vibration in the steering system at 160 km/h for vehicles with a maximum design speed ≥ 200 km/h, at 0,8 × Vmax for vehicles with a maximum design speed 200 km/h or the actual maximum speed which the vehicle can attain in the test load condition, if this is lower.
2.7.
When a vehicle of category L2e, L4e, L5e, L6e or L7e is driven in a circle with its steered wheels at approximately half lock and a constant speed of at least 6 km/h, the turning circle shall remain the same or become larger if the steering control is released.
2.8.
Vehicles of category L4e from which the side-car can be detached so that the motorcycle can be used without it shall fulfil the requirements for solo motorcycles in point 1.1 as well as those in point 1.2.
ANNEX XV
Requirements regarding the installation of tyres
1. Requirements for the approval of a type of vehicle with regard to the installation of tyres
1.1. Subject to the provisions of point 1.2, all tyres fitted to vehicles, including any spare tyre, shall be type-approved according to UNECE regulation No 75.
1.1.1. Tyres which are deemed suitable for fitment on vehicles of categories L2e and L5e in accordance with UNECE regulation No 75 shall be deemed suitable for fitment on vehicles of categories L6e and L7e.
1.1.2. Vehicles of categories L1e, L2e and L6e with a technically permissible maximum mass ≤ 150 kg may be fitted with non-type-approved tyres with a section width ≤ 67 mm.
1.2. Where a vehicle is designed for conditions of use which are incompatible with the characteristics of tyres type-approved according to UNECE regulation No 75 and it is therefore necessary to fit tyres with different characteristics, the requirements of point 1.1 do not apply, provided that the following conditions are met:
—
the tyres are type-approved according to Council Directive 92/23/EEC (1), Regulation (EC) No 661/2009 of the European Parliament and of the Council (2) or UNECE regulation No 106; and
—
the approval authority and technical service are satisfied that the tyres fitted are suitable for the operating conditions of the vehicle. The nature of the exemption and reasons for acceptance shall be clearly stated in the test report.
2. Tyre fitment
2.1. All tyres normally fitted to the same axle, except those on side-cars of L4e category vehicles, shall be of the same type.
2.2. The space in which each wheel revolves shall be such as to allow unrestricted movement when using the maximum permissible size of tyres and rim widths, taking into account the minimum and maximum wheel off-sets if applicable, within the minimum and maximum suspension and steering constraints as declared by the vehicle manufacturer. This shall be verified by performing the checks for the largest and the widest tyre in each space, taking into account the applicable rim size and the maximum allowed section width and outer diameter of the tyre, in relation to the tyre size designation as specified in the applicable legislation. The checks shall be performed by rotating a representation of the tyre’s maximum envelope, not just the actual tyre, in the space for the wheel in question.
2.2.1. The permissible dynamic growth of bias and bias/belted construction tyres which are type-approved according to UNECE regulation No 75 depends on the speed category symbol and the category of use. To ensure an unrestricted choice of bias and bias/belted replacement tyres for the end-user of the vehicle, the vehicle manufacturer shall take into account the largest tolerance laid down in point 4.1 of Annex 9 to UNECE regulation No 75 (i.e.
), irrespective of the speed category and category of use of the tyres fitted to the vehicle submitted for type-approval.
2.3. The technical service may agree to an alternative test procedure (e.g. virtual testing) to verify that the requirements of point 2.2 to 2.2.1 are met, provided that the clearance between the tyre’s maximum envelope and vehicle structure exceeds 10 mm at all points.
3. Load capacity
3.1. The maximum load rating of each tyre with which the vehicle is fitted shall be at least equal to the following:
—
the maximum permissible mass on the axle where the axle is equipped with one tyre only;
—
half of the maximum permissible mass on the axle where the axle is equipped with two tyres in single formation;
—
0,54 times the maximum permissible mass on the axle where the axle is equipped with two tyres in dual (twin) formation;
—
0,27 times the maximum permissible mass on the axle where the axle is equipped with two sets of tyres in dual (twin) formation;
—
with reference to the maximum permissible mass on each axle as declared by the vehicle manufacturer.
3.1.1. The load capacity index indicated in the information document shall be the lowest grade which is compatible with the maximum permissible load on the tyre in question. Tyres with a higher grade may be fitted.
3.2. The relevant information shall be stated clearly in the vehicle’s instruction manual in order to ensure that suitable replacement tyres with an appropriate load capacity are fitted when necessary once the vehicle has been put into service.
4. Speed capacity
4.1. Every tyre with which the vehicle is normally fitted shall bear a speed category symbol.
4.1.1. The speed category symbol shall be compatible with the maximum design vehicle speed.
4.1.1.1. The speed category as indicated in the information document shall be the lowest grade which is compatible with the maximum design vehicle speed. Tyres with a higher grade may be fitted.
4.1.2. In the case of tyres of speed categories V, W, Y and Z, the adjusted load rating as specified in the relevant Directive, EU Regulation or UNECE regulation shall be taken into account.
4.1.3. In the case of tyres of class C2 or C3, the adjusted load rating specified in point 2.29 of UNECE regulation No 54 shall be taken into account.
4.2. The requirements of point 4.1.1 to 4.1.3 shall not apply in the following situations:
4.2.1. In the case of temporary-use spare units.
4.2.2. In the case of vehicles normally equipped with ordinary tyres and occasionally fitted with snow tyres, where the speed category symbol of the snow tyre shall correspond to a speed either greater than the maximum design vehicle speed or not less than 130 km/h (or both). However, if the maximum design vehicle speed is greater than the speed corresponding to the lowest speed category symbol of the fitted snow tyres, a maximum speed warning label, specifying the lowest value of the maximum speed capability of the fitted snow tyres, shall be displayed inside the vehicle in a prominent position or, if the vehicle does not have an interior, as close as possible to the instrument cluster, readily and permanently visible to the driver.
4.3. The relevant information shall be stated clearly in the vehicle’s instruction manual in order to ensure that suitable replacement tyres with an appropriate speed capacity are fitted when necessary once the vehicle has been put into service.
5. Tyre pressures
5.1. The vehicle manufacturer shall recommend the cold tyre pressure for each tyre for normal on-road use. It is permitted that more than one pressure or a range of pressures is declared, depending on the vehicle loading conditions. It is not permitted that multiple pressures are declared for the purpose of reducing wear or increasing fuel efficiency to the detriment of comfort, or any other similar purpose.
5.2. The declared cold tyre pressure(s) in compliance with point 5.1 shall be stated on the vehicle (e.g. on one or more labels). The information shall be clearly legible without the need to remove any parts with the use of tools and shall be affixed in a way that it is not easily removed.
5.3. The relevant information shall also be stated clearly in the vehicle’s instruction manual in order to encourage the vehicle operator to frequently check the tyre pressures and to adjust them if necessary.
(1) OJ L 129, 14.5.1992, p. 95.
(2) OJ L 200, 31.7.2009, p. 1.
ANNEX XVI
Requirements applying to the vehicle maximum speed limitation plate and its location on the vehicle
1. Requirements for the approval of a type of vehicle with regard to the maximum speed limitation plate and its location on the vehicle
1.1. Vehicles of categories L7e-B1 and L7e-B2 shall be fitted with a plate on which the maximum design vehicle speed is indicated.
1.2. Vehicles of categories L1e, L3e, L4e, L5e-A may be fitted with a plate on which the maximum design vehicle speed is indicated, provided that the requirements of this Annex are met.
2. Specific requirements concerning the plate
2.1. All characters on the plate shall be formed by retro-reflective material type-approved as Class D, E or D/E according to UNECE regulation No 104 (1).
2.2. The surface shall consist of a round white non-retro-reflective plate with a diameter of 200 mm.
2.2.1. The surface may be fixed onto a larger and differently shaped area such as bodywork, provided that all requirements are still complied with.
2.3. The number indicated on the plate shall be marked in orange digits.
2.3.1. The font type shall be normal, clearly legible, upright and common. Handwriting styles or italic scripts shall not be permitted.
2.3.2. All digits shall have the same font size, at least 100 mm in height and 50 mm in width, with the exception of the number ‘1’, which may be narrower.
2.4. In the case of vehicles intended and equipped for operation in territories where metric values are used, the characters ‘km/h’ shall be stated under the speed indication.
2.4.1. The overall dimensions of the term ‘km/h’ shall be at least 40 mm in height and 60 mm in width.
2.5. In the case of vehicles intended and equipped for operation in territories where imperial values are used, the characters ‘mph’ shall be stated under the speed indication.
2.5.1. The overall dimensions of the term ‘mph’ shall be at least 40 mm in height and 60 mm in width.
2.6. If vehicles are intended and equipped for operation in territories where both metric and imperial values are used, both versions of the speed limitation plate shall be fitted and comply with all requirements of this Annex.
3. Location, visibility and characteristics of the plate
3.1. The plate shall consist of a virtually flat surface.
3.2. Position of the plate in relation to the longitudinal median plane of the vehicle:
3.2.1. The centre point of the plate shall not be situated to the left of the longitudinal median plane of the vehicle.
3.3. Position of the plate in relation to the vertical longitudinal plane of the vehicle:
3.3.1. The plate shall be perpendicular to the longitudinal plane of the vehicle.
3.3.2. The right-hand edge of the plate may not be situated to the right of the vertical plane which is parallel to the longitudinal median plane of the vehicle and touches the extreme outer edge of the vehicle.
3.4. Position of the plate in relation to the vertical transverse plane:
3.4.1. The plate may be inclined to the vertical:
3.4.1.1. At between – 5° and 30°, provided that the height of the upper edge of the plate is not more than 1,20 m from the ground surface;
3.4.1.2. At between – 15° and 5°, provided that the height of the upper edge of the plate is more than 1,20 m from the ground surface.
3.5. Height of the plate from the ground surface
3.5.1. The lower edge of the plate height shall be 0,30 m or more from the ground surface.
3.5.2. The upper edge of the plate shall be no more than 1,20 m from the ground surface. However, where it is not practicable to comply with the height provision due to the construction of the vehicle, the height may exceed 1,20 m, provided that it is as close to that limit as the constructional characteristics of the vehicle allow, and shall in no case exceed 2,00 m.
3.6. Geometrical visibility:
3.6.1. If the upper edge of the plate is no more than 1,20 m from the ground surface, the plate shall be visible in the whole space included within the following four planes:
—
the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards of 30° to the longitudinal median plane of the vehicle,
—
the plane touching the upper edge of the plate and forming an angle measured upwards of 15° to the horizontal,
—
the horizontal plane through the lower edge of the plate.
3.6.2. If the upper edge of the plate is more than 1,20 m from the ground surface, the plate shall be visible in the whole space included within the following four planes:
—
the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards of 30° to the longitudinal median plane of the vehicle,
—
the plane touching the upper edge of the plate and forming an angle measured upwards of 15° to the horizontal,
—
the plane touching the lower edge of the plate and forming an angle measured downwards of 15° to the horizontal.
4. Test procedure
4.1. Determination of the vertical inclination and height of the plate from the ground surface:
4.1.1. Before the measurements are made, the vehicle is placed on a smooth ground surface with its mass adjusted to the manufacturer’s declared mass in running order, plus the mass of any propulsion batteries.
4.1.2. If the vehicle is equipped with systems which can change the vehicle’s riding height, this shall be set in the normal running condition as specified by the vehicle manufacturer.
4.1.3. If the plate is facing downwards, the measurement of the inclination is expressed as a negative (minus) figure.
(1) Not yet published in the Official Journal.
ANNEX XVII
Requirements regarding vehicle occupant protection, including interior fittings and vehicle doors
PART 1
Requirements for the approval of a type of vehicle with regard to interior fittings
1. General requirements
1.1. Vehicles of categories L2e, L5e, L6e and L7e which are fitted with bodywork shall meet the following requirements:
1.1.1. The interior of the vehicle is divided into three main areas:
—
interior zone 1:
—
in front of the torso reference line in relation to the seating position of the driver,
—
above the R-point of the seating position of the driver,
—
interior zone 2:
—
in front of the torso reference line in relation to the seating position of the driver,
—
below the R-point of the seating position of the driver, and
—
interior zone 3:
—
behind the torso reference line in relation to the seating position of the driver,
—
in front of the torso reference line in relation to the seating position of the rearmost passenger,
—
above the R-point of the lowest seating position other than that of the driver.
1.1.1.1.
By way of derogation to Article 2(5) of this Regulation and for the purpose of this Annex, a vehicle is deemed to have bodywork, and thus an interior, if it is fitted with safety glazing, side doors, side pillars and/or a roof creating an enclosed or partly enclosed compartment. The technical service shall provide clear justification for the judgment criteria in the test report.
1.1.2. All vehicle doors and glazing shall be in the closed position. If the vehicle is fitted with a roof which can be opened or removed, this shall be in the closed position.
1.1.3. Other elements in the interior which have multiple positions of use, such as levers, sun visors, cup holders, ash trays, ventilation outlets, knobs and buttons, shall be assessed in all positions in which they can be placed, including all intermediate positions. Storage compartments (e.g. glove box) shall be assessed in the closed position.
1.1.4. Materials which are softer than 50 Shore (A) hardness shall be disregarded in the assessment of compliance with the requirements. The technical service may therefore request the removal of such materials during the type-approval checks.
1.1.5. The front side of seat structures shall be disregarded. The rear side of seat structures in interior zone 3 shall comply with the requirements of Part 1 (with any soft materials removed) or with the relevant requirements for seat areas 1, 2 and 3 in UNECE regulation No 17, as prescribed for vehicle category M1.
1.1.6. Testing apparatus
1.1.6.1.
A head-form testing apparatus shall be used in interior zones 1 and 3 to simulate situations where edges may come into contact with the head of an occupant. The apparatus shall consist of a sphere with a diameter of 165 mm. Where necessary, a force not exceeding 2,0 daN shall be applied with the testing apparatus in order to expose edges.
1.1.6.2.
A knee-form testing apparatus shall be used in interior zone 2 to simulate situations where edges may come into contact with the knees of an occupant. The specifications of the knee-form testing apparatus shall be as set out in Appendix 1 to Part 1. Where necessary, a force not exceeding 2,0 daN shall be applied with the testing apparatus in order to expose edges.
1.1.6.3.
The testing apparatus itself shall not be moved out of the zone which is being assessed; however, the head-form testing apparatus may be moved below the lower horizontal boundary of interior zone 1 and the knee-form testing apparatus may be moved above the upper horizontal boundary of interior zone 2 as long as the relevant point of contact still lies within the zone which is being assessed (i.e. no overlap of contact points). If the interior of the vehicle is open to the outside, for instance due to the absence of doors or a roof, an imaginary exterior boundary shall be taken into account as if the entire vehicle, and thus its openings, were covered with a thin plastic wrapping sheet.
2. Specific requirements and tests
2.1. Interior zone 1:
2.1.1. In this zone, a head-form testing apparatus shall be moved in all directions possible. All contactable edges, except those mentioned below, shall be rounded with a radius of curvature of at least 3,2 mm.
2.1.2. Contactable edges above the level of the instrument panel which are either a part of the instrument panel or of elements mounted directly onto the instrument panel shall be rounded with a radius of curvature of at least 2,5 mm.
2.1.3. Parts in interior zone 1 which are covered by a forward horizontal projection of a circle circumscribing the outer limits of the steering control, plus a peripheral band 127 mm in width, shall be disregarded. Parts shall be considered with the steering control placed in all positions of use (i.e. only disregard the projection which is covered in all cases).
2.1.4. Contactable edges on the instrument panel which will be covered by an inflated airbag in the event of a collision shall be at least blunted.
2.1.5. Contactable edges of the steering control shall be rounded with a radius of curvature of at least 2,5 mm.
2.1.6. Contactable edges of the steering control which will be covered by an inflated airbag in the event of a collision shall be at least blunted.
2.1.7. Contactable edges of vanes and openings of ventilation outlets shall be at least blunted.
2.2. Interior zone 2:
2.2.1. In this zone, a knee-form testing apparatus shall be moved from any given starting location in a horizontal and forward direction, while the orientation of the X-axis of the device may be varied within the specified limits. All contactable edges, except those mentioned below, shall be rounded with a radius of curvature of at least 3,2 mm. Contacts made with the rear face of the device shall be disregarded.
2.2.2. Operating pedals and their fixtures shall be disregarded.
2.3. Interior zone 3:
2.3.1. In this zone, a head-form testing apparatus shall be moved in all directions possible. All contactable edges, except those mentioned below, shall be rounded with a radius of curvature of at least 3,2 mm.
2.3.2. Contactable edges on the rear side of seat structures may alternatively comply with the specific requirements of seat areas 1, 2 and 3 referred to in point 1.1.5.
Appendix 1
Testing apparatus
1. Knee-form testing apparatus
1.1. Diagram of the testing apparatus:
Figure 16-P1-Ap1-1
2. Procedure for use:
2.1. The testing apparatus shall be placed in any position so that:
—
plane X-X’ remains parallel to the longitudinal median plane of the vehicle, and
—
axis X can be rotated above and below the horizontal through angles of up to 30°.
PART 2
Requirements for the approval of a type of vehicle with regard to doors
1. Requirements and test
1.1. Vehicles of categories L2e, L5e, L6e and L7e which are fitted with doors shall meet the following requirements:
1.1.1. Each door shall be fitted with a device which keeps it in a closed position. A door may be fitted with hinges and/or other retaining mechanisms, systems or devices, and a closed door may have gaps and openings to the outside.
1.1.2. Each door shall be capable of withstanding a push force of 200 daN, delivered by a flat-ended ram applied in an outward and horizontal (and thus in the vehicle’s transverse) direction. The end of the ram shall have an overall diameter not exceeding 50 mm and may have rounded edges. The force shall be applied either onto the door centre or at another point in the transverse vertical plane passing through the R-point of the seating position closest to the door in question at a height corresponding to that of the R-point or a point up to 500 mm above it. Interior fittings, components or other elements which interfere with the application of the force shall be removed during the test.
1.1.2.1.
The device or devices which keep the door in a closed position shall not fail, release or open completely within 0,2 seconds of reaching the minimum prescribed application force and the door shall remain closed after removal of the force. Gaps and openings to the outside due to flexing of materials are permitted.
ANNEX XVIII
Requirements regarding maximum continuous rated or net power and/or maximum vehicle speed limitation by design
1. Requirements for the approval of a type of vehicle with regard to maximum continuous rated or net power and/or maximum vehicle speed limitation by design
1.1. Vehicles of the specified categories shall comply with the maximum vehicle speed and, if applicable, the maximum continuous rated or net power requirements in Annex I to Regulation (EU) No 168/2013.
1.1.1. Such vehicles shall be equipped with devices which limit the maximum vehicle speed that can be attained on a horizontal, flat and smooth surface and/or devices which limit the maximum continuous rated or net power output.
1.1.2. Such devices shall operate on the following principles:
1.1.2.1. For vehicles with positive-ignition engines propelling the vehicle either directly or through a mechanical or hydraulic transmission:
Maximum vehicle speed and/or maximum power shall be limited by adjusting two or more of the following:
—
the properties, timing or presence of the spark igniting the fuel/air mixture in the cylinder(s),
—
the amount of air intake of the engine,
—
the amount of fuel intake of the engine, and
—
the electronically and/or mechanically controlled output rotation speed of the drive-train, such as clutch, gearbox or final drive.
1.1.2.1.1. Adjustment of the spark properties in order to limit the maximum design vehicle speed and/or maximum power shall be allowed only for (sub)categories L3e-A3, L4e-A3 and L5e.
1.1.2.2. For vehicles with compression-ignition engines propelling the vehicle either directly or through a mechanical or hydraulic transmission:
Maximum vehicle speed and/or maximum power shall be limited by adjusting two or more of the following:
—
the amount of air intake of the engine,
—
the amount of fuel intake of the engine, and
—
the electronically and/or mechanically controlled output rotation speed of the drive-train, such as clutch, gearbox or final drive.
1.1.2.3. For vehicles which are propelled by means of one or more electric motors, including pure and hybrid electric vehicles:
Maximum vehicle speed and/or maximum power shall be limited by means of two or more of the following:
—
reduction of the maximum power output of one or more electric motors based on the vehicle or rotation speed as sensed internally to the electric motor,
—
reduction of the maximum power output of one or more electric motors based on the actual vehicle speed as sensed fully externally to the electric motor, and
—
physical vehicle speed limitation by means of internal or external components such as a maximum achievable revolution speed of an electric motor.
1.1.2.4. For vehicles which are propelled by means other than those listed above:
Maximum vehicle speed and/or maximum power shall be limited by two or more separate means, which shall as far as possible be based on the abovementioned adjustment, reduction or physical speed limitation principles.
1.1.2.5. At least two of the limitation methods used, as referred to in points 1.1.2.1 to 1.1.2.4., shall operate independently of each other, be different in nature and have different design philosophies, although they may apply similar elements (e.g. both methods based on the notion of speed as a criterion, but one measured inside a motor and the other at the drive-train gearbox). Failure of one method to work as intended (e.g. due to tampering) shall not impair the limitation function of other methods. In this case, the maximum power and/or speed which can be attained may be lower than under normal conditions.
1.1.3. The maximum vehicle speed or power shall not be limited by means of a mechanical throttle stop or any other mechanical stop that limits the opening of a throttle to restrict the engine’s air intake.
1.1.4. The provision and use of any other means enabling the vehicle operator to adjust, set, select or alter the maximum vehicle speed and/or maximum power limitation directly or indirectly (e.g. high performance switch, special encoded recognition transponder in ignition key, physical or electronic jumper setting, selectable option through electronic menu, programmable feature of control unit) is prohibited.
2. Requirements concerning type-approval demonstration
2.1. All items shall be verified. The vehicle manufacturer shall demonstrate compliance with the specific requirements of points 1.1 to 1.1.2.5 by proving that two or more of the methods implemented, by integrating specific devices and/or functions in the vehicle propulsion system, ensure the required maximum continuous rated or net power and/or maximum vehicle speed limitation and that each method does so in a fully independent manner.
2.1.1. The vehicle manufacturer shall prepare the demonstration vehicle so as to ensure that only one method is applied during the type-approval test. The specific vehicle preparation and demonstration test shall be carried out in full agreement with the technical service.
2.1.2. The technical service may request the preparation and demonstration of additional failure modes which may be the result of intentional tampering and may or may not cause damage to the vehicle.
ANNEX XIX
Requirements regarding vehicle structure integrity
1. Requirements for the approval of a type of vehicle with regard to structural integrity
1.1.
Vehicles shall be so designed and constructed as to be sufficiently robust to withstand their intended use over their normal lifetime, taking into account regular and scheduled maintenance and specific equipment adjustments clearly and unambiguously set out in the instruction manual provided with the vehicle. The vehicle manufacturer shall provide a signed statement to this effect.
1.1.1.
Vehicles of category L1e-A and cycles designed to pedal of vehicle category L1e-B shall be designed and constructed as to conform with all prescriptions regarding strength and construction of front forks and frames as encompassed in standard EN 14764:2005, specifying safety and performance requirements for the design, assembly, and testing of bicycles and subassemblies intended for use on public roads.
1.1.2.
Cycles designed to pedal of vehicle category L1e-B shall have a mass in running order ≤ 35 kg and shall be fitted with pedals enabling the vehicle to be propelled solely by the rider’s muscular leg power. The vehicle shall feature adjustable rider positioning in order to enhance the ergonomic posture of the rider for pedalling. The auxiliary propulsion power shall be added to the driver’s pedal power and shall be less than or equal to four times the actual pedal power.
1.2.
Vehicle assembly and construction in the assembly plant(s), in particular the processes relating to the vehicle frame, chassis and/or body and the drivetrain, shall be covered by a quality assurance system to ensure that essential mechanical connections such as welds and threaded connections, as well as other relevant material characteristics, are checked and verified as appropriate.
1.2.1.
The requirements of point 1.2 shall be covered by the vehicle manufacturers’ obligations regarding the conformity of production arrangements referred to in Article 33 of Regulation (EU) No 168/2013.
1.3.
In accordance with Annex VIII to Regulation (EU) No 168/2013, the type-approval authority shall verify that in the event of a recall due to a serious safety risk, specific analysis of vehicle structures, components and/or parts by means of engineering calculations, virtual testing methods and/or structural testing can upon request be made available without delay to the approval authority and the European Commission.
1.4.
Vehicle type-approval shall not be granted if there is reason to doubt that the vehicle manufacturer is able to make available the analysis referred to in point 1.3. This doubt could relate either to the accessibility or the existence of such analysis (e.g. application for type-approval of a limited batch of vehicles from a non-established manufacturer represented by a party unlikely to have any meaningful access to such analysis). |
31.7.2014
EN
Official Journal of the European Union
L 228/24
COMMISSION IMPLEMENTING REGULATION (EU) No 831/2014
of 30 July 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
TR
41,5
ZZ
41,5
0707 00 05
MK
65,0
TR
81,4
ZZ
73,2
0709 93 10
TR
96,1
ZZ
96,1
0805 50 10
AR
108,3
BO
98,4
CL
153,6
MGB
99,6
UY
153,1
ZA
145,8
ZZ
126,5
0806 10 10
BR
152,3
CL
90,0
EG
159,6
MA
148,6
TR
160,3
ZZ
142,2
0808 10 80
AR
178,9
BR
62,3
CL
91,5
NZ
128,6
US
155,0
ZA
116,9
ZZ
122,2
0808 30 90
AR
76,6
CL
104,1
NZ
177,1
TR
191,6
ZA
82,4
ZZ
126,4
0809 10 00
MK
106,1
TR
255,2
XS
133,5
ZZ
164,9
0809 29 00
CA
324,1
TR
360,9
US
408,0
ZZ
364,3
0809 30
MK
73,7
TR
148,9
ZZ
111,3
0809 40 05
BA
43,7
MK
49,3
TR
141,2
ZZ
78,1
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
6.8.2014
EN
Official Journal of the European Union
L 233/20
COUNCIL DECISION
of 14 April 2014
approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
(2014/518/Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
Having regard to the recommendation from the European Commission,
Whereas:
(1)
On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of Serbia in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).
(2)
Those negotiations were successfully completed and the Protocol initialled on 10 December 2013.
(3)
The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.
(4)
The signature and conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,
HAS ADOPTED THIS DECISION:
Article 1
The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.
The text of the Protocol is attached to the Decision on its signature.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 14 April 2014.
For the Council
The President
C. ASHTON |
25.3.2014
EN
Official Journal of the European Union
L 89/28
COMMISSION IMPLEMENTING REGULATION (EU) No 294/2014
of 20 March 2014
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Lenteja de Tierra de Campos (PGI)]
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1)
By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Lenteja Pardina de Tierra de Campos’, registered under Commission Regulation (EC) No 1485/2007 (2).
(2)
Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.
(3)
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2014.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ L 330, 15.12.2007, p. 13.
(3) OJ C 293, 9.10.2013, p. 10.
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.6. Fruit, vegetables and cereals, fresh or processed
SPAIN
Lenteja de Tierra de Campos (PGI) |
20.6.2014
EN
Official Journal of the European Union
L 181/48
COMMISSION DELEGATED REGULATION (EU) No 640/2014
of 11 March 2014
supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Articles 63(4), 64(6) and 72(5), Article 76, Articles 77(7), 93(4) and 101(1), and Article 120 thereof,
Whereas:
(1)
Regulation (EU) No 1306/2013 repeals and replaces, among others, Council Regulation (EC) No 1290/2005 (2). Regulation (EU) No 1306/2013 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the system in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace in particular the rules laid down in Commission Regulation (EC) No 1122/2009 (3).
(2)
In particular, rules should be established to supplement certain non-essential elements of Regulation (EU) No 1306/2013 in relation to the functioning of the integrated administration and control system (integrated system), the time limits for the submission of aid applications or payment claims, the conditions for the partial or total refusal of aid and the partial or total withdrawal of undue aid or support and the determination of administrative penalties to deal with non-compliances related to conditions for receiving aid under schemes established by Regulation (EU) No 1307/2013 of the European Parliament and of the Council (4) and conditions for receiving support under rural development measures established by Regulation (EU) No 1305/2013 of the European Parliament and of the Council (5), and rules on the maintenance of permanent pasture and calculation of administrative penalties as regards the cross-compliance obligations.
(3)
Supplementary definitions are needed to ensure a harmonised implementation of the integrated system, in addition to the definitions provided for in Regulations (EU) No 1305/2013 and (EU) No 1307/2013. Furthermore, it is necessary to define certain terms applicable to cross-compliance rules.
(4)
The application of administrative penalties and the refusals or withdrawals of aid or support provided for in this Regulation should not prevent Member States from applying national criminal penalties, if national law so provides.
(5)
Article 2(2) of Regulation (EU) No 1306/2013 defines certain cases of force majeure and exceptional circumstances to be recognised by the Member States. Supplementary rules should be laid down enabling Member States to recognise cases of force majeure and exceptional circumstances in relation to direct payments, rural development support and cross-compliance. A deadline within which such cases are to be notified by the beneficiary should be fixed.
(6)
Supplementary rules are also needed with regard to the system for the identification of agricultural parcels to be operated by the Member States in accordance with Article 70 of Regulation (EU) No 1306/2013. According to that provision, use has to be made of computerised geographical information system (GIS) techniques. It is necessary to clarify which are the basic requirements and quality targets to be met by the system and which particular information is to be available in the GIS to ensure effective administrative cross-checks. Therefore, the identification system for agricultural parcels should be regularly updated to exclude clearly ineligible features and area. However, in order to avoid instability of the system, flexibility should be given to the Member States in view of small changes in the maximum eligible area due to the uncertainty of photo-interpretation, inter alia, caused by the outline and condition of reference parcels.
(7)
In order to allow Member States to identify pro-actively possible weaknesses in the system and to take remedial action when required, the quality of the identification system of agricultural parcels should be annually assessed.
(8)
In order to ensure a proper implementation of the basic payment scheme and related payments as provided for in Title III of Regulation (EU) No 1307/2013, Member States should establish an identification and registration system for payment entitlements which ensures that the payment entitlements are traceable and which allows, inter alia, to cross-check areas declared for the purposes of the basic payment scheme with the payment entitlements available to each farmer and between the different payment entitlements as such.
(9)
In order to allow effective control and to prevent the submission of multiple aid applications to different paying agencies within one Member State, Member States should provide for a single system to record the identity of farmers submitting aid applications subject to the integrated system.
(10)
Experience has shown that certain landscape features of the fields, in particular hedges, ditches and stonewalls, should be considered part of the eligible area for area-related direct payments. It is necessary to define the acceptable width of landscape features in the field. In view of specific environmental needs, it is appropriate to provide Member States with some flexibility as regards the limits to be taken into account when the regional yields were fixed for the purpose of former area payments for crops. However, Member States should be allowed to apply a different method for permanent grassland with scattered landscape features and trees where this option does not apply.
(11)
Given their importance for sustainable agriculture, any landscape features subject to the requirements and standards listed in Annex II to Regulation (EU) No 1306/2013 which form part of the total area of an agricultural parcel should be considered eligible.
(12)
As regards agricultural parcels taken up by arable land or by permanent grassland containing trees, conditions should be established for the presence of trees on these areas and their impact on the eligibility of such areas. For the sake of legal certainty, a maximum density of trees should be laid down, which is to be defined by Member States on the basis of traditional cropping practices, natural conditions and environmental reasons.
(13)
For reasons of simplification and to favour observability and controllability of direct payments, Member States should be allowed to apply a pro-rata system in order to establish the eligible area of permanent grassland with scattered ineligible features, such as landscape features and trees, other than landscape features subject to the requirements and standards listed in Annex II to Regulation (EU) No 1306/2013. The eligible area is determined for each reference parcel according to pre-established thresholds applied at the level of the homogeneous land cover type. Scattered features which cover up to a certain percentage of the reference parcel can be considered as being part of the eligible area. Therefore, it should be provided that no deductions need to be made for the area of scattered features in the first category representing the lowest percentage of ineligible area.
(14)
Rules should be established to deal with the situations where the latest date for the submission of various applications, claims, documents or amendments is a public holiday, a Saturday or a Sunday.
(15)
Respecting the time limits for the submission of aid applications, payment claims and other declarations, for the amendment of area-related aid applications or payment claims and for any supporting documents or contracts is indispensable to enable the national authorities to program and, subsequently, carry out effective controls on the correctness of the aid applications, payment claims or other documents. Rules should, therefore, be laid down regarding the time limits within which late submissions are acceptable. In order to encourage beneficiaries to respect the time limits, a dissuasive reduction should be applied in case of late submission, unless the delay is due to cases of force majeure or exceptional circumstances.
(16)
The timely submission of applications for allocation of payment entitlements or, where applicable, the increase of the value of payment entitlements by beneficiaries is essential for the Member States with a view to the timely establishment of the payment entitlements. Late submissions of those applications should therefore only be permitted within the same additional time limit as for the late submission of any aid applications. A dissuasive reduction should also be applied, unless the delay is due to cases of force majeure or exceptional circumstances.
(17)
Beneficiaries who give notice to the competent national authorities at any time of incorrect aid applications or payment claims should not be subject to any administrative penalties irrespective of the reason of the non-compliance, unless the beneficiary has been informed of the competent authority’s intention to carry out an on-the-spot check or the authority has already informed the beneficiary of any non-compliance in the aid application or payment claim.
(18)
Supplementary rules for the basis of calculation of area-related aid schemes and area-related support measures, and for the basis of calculation of voluntary coupled support based on livestock aid applications under animal aid schemes or rural development support based on payment claims under animal-related support measures should be laid down.
(19)
Administrative penalties should be established having regard to the principles of dissuasiveness and proportionality and the specific problems linked to cases of force majeure as well as exceptional circumstances. Administrative penalties should be graded according to the seriousness of the non-compliance committed and should go as far as the total exclusion from one or several area-related aid schemes or area-related support measures for a specified period. They should take into account the particularities of the various aid schemes or support measures with regard to the eligibility criteria, commitments and other obligations or the possibility that a beneficiary might not declare all his areas to artificially create the condition to be exempted from the greening obligations. The administrative penalties under this Regulation should be considered dissuasive enough to discourage intentional non-compliance.
(20)
In order to enable Member States to carry out checks effectively, with particular respect to controls of cross-compliance obligations, it is necessary to provide for the obligation of beneficiaries to declare all the areas at their disposal, whether or not they claim aid for such areas in accordance with Article 72(1)(a) of Regulation (EU) No 1306/2013.
(21)
For the sake of determining the eligible areas and to calculate the applicable reductions, it is necessary to define the areas falling within the same crop group. An area should be taken into account several times if it is declared for aid or support under more than one aid scheme or support measure. For the purpose of greening, however, it is necessary to distinguish between crop groups.
(22)
Payment of aid under the basic payment scheme requires an equal number of payment entitlements and eligible hectares. For the purpose of this scheme it is therefore appropriate to provide that the calculation of the payment in the case of discrepancies between the number of payment entitlements declared and the area declared should be based on the lower figure. To avoid that the calculation is based on non-existing entitlements, it should be provided that the number of payment entitlements used for the calculation should not exceed the number of payment entitlements at the beneficiary’s disposal.
(23)
In relation to area aid applications and/or payment claims, non-compliances usually affect parts of areas. Over-declarations in respect of one parcel may, therefore, be off-set against under-declarations of other parcels of the same crop-group. Within a certain margin of tolerance, it should be provided that administrative penalties only become applicable once this margin has been exceeded.
(24)
Furthermore, in relation to aid applications and/or payment claims for area-related payments, differences between the total area declared in the aid application and/or payment claim and the total area determined as eligible are often insignificant. To avoid a high number of minor adjustments of applications it should be provided that the aid application and/or payment claims do not have to be adjusted to the area determined unless a certain level of differences is exceeded.
(25)
Given the particularities of the aid scheme for cotton, special provisions for administrative penalties in relation to that scheme should be established.
(26)
Administrative penalties in case of intentional or negligent non-compliance with eligibility requirements should be established having regard to the principles of dissuasiveness and proportionality for cases where a beneficiary applying for the young farmer scheme, does not comply with his obligations.
(27)
Administrative penalties should be established for animal aid schemes and animal-related support measures having regard to the principles of dissuasiveness and proportionality and the special problems linked to cases of natural circumstances. The administrative penalties should be graded according to the seriousness of the non-compliance committed and should go as far as the total exclusion from one or several aid schemes or support measures for a specified period. With regard to the eligibility criteria, they should take into account the particularities of the various aid schemes or support measures. The administrative penalties under this Regulation should be set at a sufficiently dissuasive level so as to discourage intentional over-declaration.
(28)
As far as aid applications under animal aid schemes or payment claims under animal-related support measures are concerned, non-compliances lead to the ineligibility of the animal concerned. Reductions should be provided for as from the first animal found with non-compliances but, irrespective of the level of the reduction, there should be a less harsh administrative penalty where three animals or less are found with non-compliances. In all other cases the severity of the administrative penalty should depend on the percentage of animals found with non-compliances.
(29)
As a general rule, Member States should take any further measures necessary to ensure a proper functioning of the integrated system. Member States should be allowed to impose additional national penalties where necessary.
(30)
The possibility to make corrections without leading to the administrative penalty provided for the aid application and payment claim should also apply in relation to incorrect data contained in the computerised database in respect of declared bovine animals for which such non-compliances constitute a breach of an eligibility criterion, unless the beneficiary has been informed of the competent authority’s intention to carry out an on-the-spot check or the authority has not already informed the beneficiary of any non-compliance in the aid application or payment claim.
(31)
Refusals and withdrawals of support and administrative penalties should be established for rural development support measures having regard to the principles of dissuasiveness and proportionality. Refusals and withdrawals of support should be graded on the basis of the severity, extent, duration and reoccurrence of the non-compliance found. Refusals and withdrawals of support and administrative penalties should, with regard to the eligibility criteria, commitments and other obligations, take into account the particularities of the various support measures. In the case of serious non-compliance or in the case the beneficiary provided false evidence for the purpose of receiving the support, the support should be refused and an administrative penalty should be imposed. Administrative penalties should go as far as the total exclusion from one or several support measures or types of operations for a specified period.
(32)
For rural development support measures the administrative penalties should be without the prejudice to the possibility of temporarily suspending the support affected by non-compliance. Rules should be laid down to define cases where the non-compliance can be expected to be addressed by the beneficiary within a reasonable time.
(33)
Article 93(3) of Regulation (EU) No 1306/2013 provides, as regards the years 2015 and 2016, that the rules on cross-compliance also comprise the maintenance of permanent pasture. In this regard, it is necessary to specify that Member States should continue to fulfil their obligations in 2015 and 2016 according to the ratio established in 2014.
(34)
For the sake of clarity and in order to establish a harmonized basis for the assessment of non-compliances and calculation and application of administrative penalties due to cross-compliance, it is necessary to provide indications on the meaning of the terms reoccurrence, extent, severity and permanence of a non-compliance. In addition it is necessary to explain when a non-compliance is deemed to be determined.
(35)
As regards the non-compliance with cross-compliance obligations, administrative penalties should be established having regard to the principle of proportionality. They should only be applied where the farmer acted negligently or intentionally and should be graded according to the seriousness of the non-compliance committed.
(36)
With regard to cross-compliance obligations, apart from grading administrative penalties in view of the principle of proportionality, it should be provided that starting from a certain moment, repeated infringements of the same cross-compliance obligation should, after a prior warning to the farmer, be treated as an intentional non-compliance.
(37)
Furthermore, where in particular conditions the possibility not to apply any administrative penalties for non-compliances pursuant to Articles 97(3) and 99(2) of Regulation (EU) No 1306/2013 is applied by a Member State, requirements regarding the remediation of the relevant non-compliance should be established.
(38)
As regards in particular the early warning system, as referred to in Article 99(2) of Regulation (EU) No 1306/2013, in case the beneficiary does not fulfil the obligation to take remedial action the reduction should be applied retroactively in respect of the year for which the early warning system was applied. The calculation of the administrative penalties should also take into account the reoccurrence of the non-compliance in question in the year of the subsequent check, if applicable. In order to give legal certainty to beneficiaries, a time limit for the retroactive application of administrative penalties should be established.
(39)
With regard to beneficiaries of multiannual operations started under rural development programmes approved pursuant to Council Regulation (EC) No 1698/2005 (6) and who are under the cross-compliance obligations, it should be established that the new control system and administrative penalties apply, in order to reduce the administrative burden of the national authorities in charge of checking their compliance and ensure simplification of procedures.
(40)
With regard to non-compliances with cross-compliance obligations, for which an administrative penalty was not applied since they were falling under de minimis rule provided for by Council Regulation (EC) No 73/2009 (7) or Regulation (EC) No 1698/2005, but for which Member States had to ensure that beneficiaries remedy the non-compliance, transitional rules should be established to ensure consistency between the obligation of follow-up existing prior to the entry into force of Regulation (EU) No 1306/2013 and the new rules in that respect in that Regulation.
(41)
For reasons of clarity and legal certainty, Regulation (EC) No 1122/2009 should be repealed. Commission Regulation (EU) No 65/2011 (8) should also be repealed.
(42)
Having regard to the second subparagraph of Article 119(1) of Regulation (EU) No 1306/2013, this Regulation should apply to aid applications or payment claims relating to marketing years or premium periods starting as from 1 January 2015,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Scope
This Regulation lays down provisions supplementing certain non-essential elements of Regulation (EU) No 1306/2013 in relation to:
(a)
conditions for the partial or total refusal or withdrawal of the aid or support;
(b)
identifying the administrative penalty and determining the specific rate to be imposed;
(c)
identifying the cases in which the administrative penalty is not applied;
(d)
rules applicable to periods, dates and time limits where the final date for submission of applications or amendments is a public holiday, a Saturday or a Sunday;
(e)
specific definitions needed to ensure a harmonised implementation of the integrated system;
(f)
basic features and technical rules for the identification system for agricultural parcels and identification of beneficiaries;
(g)
basic features, technical rules and quality requirements of the system for the identification and registration of payment entitlements;
(h)
the basis for the calculation of aid, including rules on how to deal with certain cases in which eligible areas contain landscape features or trees;
(i)
additional rules for intermediates such as services, bodies and organisations, which are involved in the procedure for granting the aid or support;
(j)
the maintenance of permanent pasture in relation to cross-compliance;
(k)
a harmonised basis for the calculation of administrative penalties related to cross-compliance;
(l)
conditions for the application and calculation of the administrative penalties related to cross-compliance;
(m)
an addition to the rules provided for in Regulation (EU) No 1306/2013 in order to ensure a smooth transition from repealed rules to the new rules.
Article 2
Definitions
1. For the purposes of the integrated system referred to in Article 67(1) of Regulation (EU) No 1306/2013, the definitions in Article 4(1) of Regulation (EU) No 1307/2013 and in Article 67(4) of Regulation (EU) No 1306/2013 shall apply.
The following definitions shall also apply:
(1)
‘beneficiary’ means a farmer as defined in Article 4(1)(a) of Regulation (EU) No 1307/2013 and referred to in Article 9 of that Regulation, the beneficiary subject to cross-compliance within the meaning of Article 92 of Regulation (EU) No 1306/2013 and/or the beneficiary receiving rural development support as referred to in Article 2(10) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (9);
(2)
‘non-compliance’ means:
(a)
for eligibility criteria, commitments or other obligations relating to the conditions for the granting of the aid or support referred to in Article 67(2) of Regulation (EU) No 1306/2013, any non-respect of those eligibility criteria, commitments or other obligations; or
(b)
for cross-compliance, non-compliance with the statutory management requirements under Union legislation, with the standards for good agricultural and environmental condition of land defined by the Member States in accordance with Article 94 of Regulation (EU) No 1306/2013, or with the maintenance of permanent pasture referred to in Article 93(3) of that Regulation;
(3)
‘application for support’ means an application for support or to enter a measure under Regulation (EU) No 1305/2013;
(4)
‘payment claim’ means an application by a beneficiary for payment by the national authorities under Regulation (EU) No 1305/2013;
(5)
‘other declaration’ means any declaration or document, other than applications for support or payment claims, which has to be submitted or kept by a beneficiary or a third party in order to comply with specific requirements of certain rural development measures;
(6)
‘rural development measures in the scope of the integrated system’ means the support measures granted in accordance with Article 21(1)(a) and (b) and Articles 28 to 31, 33, 34 and 40 of Regulation (EU) No 1305/2013 and where applicable Article 35(1)(b) and (c) of Regulation (EU) No 1303/2013, with the exception of measures referred to in Article 28(9) of Regulation (EU) No 1305/2013, and measures under Article 21(1)(a) and (b) of that Regulation as far as the establishment cost is concerned;
(7)
‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals established by Regulation (EC) No 1760/2000 of the European Parliament and of the Council (10) and/or the system for the identification and registration of ovine and caprine animals established by Council Regulation (EC) No 21/2004 (11) respectively;
(8)
‘ear tag’ means the ear tag to identify bovine animals individually referred to in Article 3(a) and Article 4 of Regulation (EC) No 1760/2000 and/or the ear tag to identify ovine and caprine animals individually referred to in point A.3 of the Annex to Regulation (EC) No 21/2004 respectively;
(9)
‘computerised database for animals’ means the computerised database referred to in Article 3(b) and Article 5 of Regulation (EC) No 1760/2000 and/or the central register or computerised database referred to in Article 3(1)(d), Article 7 and Article 8 of Regulation (EC) No 21/2004 respectively;
(10)
‘animal passport’ means the animal passport referred to in Article 3(c) and Article 6 of Regulation (EC) No 1760/2000;
(11)
‘register’ in relation to animals means the register kept by the animal keeper referred to in Article 3(d) and Article 7 of Regulation (EC) No 1760/2000 and/or the register referred to in Article 3(1)(b) and Article 5 of Regulation (EC) No 21/2004 respectively;
(12)
‘identification code’ means the identification code referred to in Article 4(1) of Regulation (EC) No 1760/2000 and/or the codes referred to in point A.2 of the Annex to Regulation (EC) No 21/2004 respectively;
(13)
‘animal aid scheme’ means a voluntary coupled support measure provided for in Chapter 1 of Title IV of Regulation (EU) No 1307/2013 where the annual payment to be granted within defined quantitative limits is based on a fixed number of animals;
(14)
‘animal-related support measures’ means rural development measures or types of operations for which support is based on the number of animals or number of livestock units declared;
(15)
‘livestock aid application’ means the applications for the payment of aid where the annual payment to be granted within defined quantitative limits is based on a fixed number of animals under the voluntary coupled support provided for in Chapter 1 of Title IV of Regulation (EU) No 1307/2013;
(16)
‘declared animals’ means animals subject to a livestock aid application under the animal aid scheme or subject to a payment claim for an animal-related support measure;
(17)
‘potentially eligible animal’ means an animal that could a priori potentially fulfil the eligibility criteria for receiving the aid under the animal aid scheme or support under an animal-related support measure in the claim year in question;
(18)
‘animal determined’ means:
(a)
for an animal aid scheme, an animal for which all conditions laid down in the rules for granting the aid have been met; or
(b)
for an animal-related support measure, an animal identified by means of administrative or on-the-spot checks;
(19)
‘animal keeper’ means any natural or legal person responsible for animals whether on a permanent or on a temporary basis, including during transportation or at a market;
(20)
‘area-related aid schemes’ means the area-related direct payments within the meaning of Article 67(4)(b) of Regulation (EC) No 1306/2013, excluding specific measures for agriculture in the outermost regions of the Union as referred to in Chapter IV of Regulation (EU) No 228/2013 of the European Parliament and of the Council (12) and specific measures for agriculture in favour of the smaller Aegean islands as referred to in Chapter IV of Regulation (EU) No 229/2013 of the European Parliament and of the Council (13);
(21)
‘area-related support measures’ means rural development measures or type of operations for which support is based on the size of the area declared;
(22)
‘use’ in relation to area means the use of area in terms of the type of crop as referred to in Article 44(4) of Regulation (EU) No 1307/2013, type of permanent grassland as defined in Article 4(1)(h) of that Regulation, permanent pasture referred to in Article 45(2)(a) of that Regulation or areas of grassland, other than permanent grassland or permanent pasture, or ground cover or the absence of a crop;
(23)
‘area determined’ means:
(a)
for area-related aid schemes, the area for which all eligibility criteria or other obligations relating to the conditions for the granting of the aid have been met, regardless of the number of the payment entitlements at the beneficiary’s disposal; or
(b)
for area-related support measures, the area of plots or parcels as identified by means of administrative or on-the-spot checks;
(24)
‘Geographical Information System’ (hereinafter referred to as ‘GIS’) means the computerised geographical information system techniques referred to in Article 70 of Regulation (EU) No 1306/2013;
(25)
‘reference parcel’ means a geographically delimited area retaining a unique identification as registered in the identification system for agricultural parcels referred to in Article 70 of Regulation (EU) No 1306/2013;
(26)
‘geographical material’ means maps or other documents used to communicate the contents of the GIS between the applicants for aid or support and the Member States.
2. For the purpose of Title IV of this Regulation, the definitions in Title VI of Regulation (EU) No 1306/2013 shall apply.
In addition, ‘standards’ means any of the standards as defined by the Member States in accordance with Article 94 of Regulation (EU) No 1306/2013 as well as the obligations in relation to permanent pasture as laid down in Article 93(3) of that Regulation.
Article 3
Application of criminal penalties
The application of the administrative penalties and the refusal or withdrawal of aid or support as provided for in this Regulation shall be without prejudice to the application of criminal penalties, should national law so provide.
Article 4
Force majeure and exceptional circumstances
1. As regards direct payments, if a beneficiary has been unable to comply with the eligibility criteria or other obligations as a result of force majeure or exceptional circumstances he shall retain his right to aid in respect of the area or animals eligible at the time when the case of force majeure or the exceptional circumstance occurred.
As regards rural development support measures under Articles 28, 29, 33 and 34 of Regulation (EU) No 1305/2013, if a beneficiary has been unable to fulfil the commitment as a result of force majeure or exceptional circumstances, the respective payment shall be proportionally withdrawn for the years during which the case of force majeure or exceptional circumstances occurred. The withdrawal shall concern only those parts of the commitment for which additional costs or income foregone did not take place before the force majeure or exceptional circumstances occurred. No withdrawal shall apply in relation to the eligibility criteria and other obligations and no administrative penalty shall apply.
As regards other rural development support measures, Member States shall not require the partial or full reimbursement of the support in case of force majeure or exceptional circumstances. In case of multiannual commitments or payments, reimbursement of the support received in previous years shall not be required and the commitment or payment shall be continued in the subsequent years in accordance with its original duration.
When the non-compliance resulting from such force majeure or exceptional circumstances concerns cross-compliance, the corresponding administrative penalty as referred to in Article 91(1) of Regulation (EU) No 1306/2013 shall not be applied.
2. Cases of force majeure and exceptional circumstances shall be notified in writing to the competent authority, with relevant evidence to the satisfaction of the competent authority, within fifteen working days from the date on which the beneficiary or the person entitled through him, is in a position to do so.
TITLE II
THE INTEGRATED ADMINISTRATION AND CONTROL SYSTEM
CHAPTER I
SYSTEMS REQUIREMENTS
Article 5
Identification of agricultural parcels
1. The identification system for agricultural parcels referred to in Article 70 of Regulation (EU) No 1306/2013 shall operate at reference parcel level. A reference parcel shall contain a unit of land representing agricultural area as defined in Article 4(1)(e) of Regulation (EU) No 1307/2013. Where appropriate, a reference parcel shall also include areas as referred to in Article 32(2)(b) of Regulation (EU) No 1307/2013 and agricultural land as referred to in Article 28(2) of Regulation (EU) No 1305/2013.
Member States shall delimit the reference parcel in such a way as to ensure that the reference parcel is measurable, enables the unique and unambiguous localisation of each agricultural parcel annually declared and as a principle, is stable in time.
2. Member States shall also ensure that agricultural parcels that are declared are reliably identified. They shall in particular require the aid applications and payment claims to be furnished with particular information or accompanied by documents specified by the competent authority that enable each agricultural parcel to be located and measured. For each reference parcel, Member States shall:
(a)
determine a maximum eligible area for the purpose of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;
(b)
determine a maximum eligible area for the purpose of the area-related measures referred to in Articles 28 to 31 of Regulation (EU) No 1305/2013;
(c)
locate and determine the size of those ecological focus areas listed in Article 46(1) of Regulation (EU) No 1307/2013 for which the Member State has decided that they shall be considered as ecological focus area. For that purpose, Member States shall apply the conversion and/or weighting factors set out in Annex X to Regulation (EU) No 1307/2013, where appropriate;
(d)
determine whether provisions for mountain areas, areas facing significant natural constraints and other areas affected by specific constraints as referred to in Article 32 of Regulation (EU) No 1305/2013, Natura 2000 areas, areas covered by Directive 2000/60/EC of the European Parliament and of the Council (14), agricultural land authorised for cotton production pursuant to Article 57 of Regulation (EU) No 1307/2013, areas naturally kept in a state suitable for grazing or cultivation as referred to in Article 4(1)(c)(iii) of Regulation (EU) No 1307/2013, areas designated by Member States for the regional and/or collective implementation of ecological focus areas in accordance with Article 46(5) and (6) of Regulation (EU) No 1307/2013, areas which have been notified to the Commission in accordance with Article 20 of Regulation (EU) No 1307/2013, areas covered with permanent grasslands which are environmentally sensitive in areas covered by Council Directive 92/43/EEC (15) or Directive 2009/147/EC of the European Parliament and of the Council (16) and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013 and/or areas designated by the Member States in accordance with Article 48 of that Regulation apply.
3. Member States shall ensure that the maximum eligible area per reference parcel as referred to in paragraph 2(a) is correctly quantified within a margin of maximum 2 %, thereby taking into account the outline and condition of the reference parcel.
4. For the measures referred to in Article 21(1)(a) and Articles 30 and 34 of Regulation (EU) No 1305/2013, Member States may establish appropriate alternative systems to uniquely identify the land subject to support where that land is covered by forest.
5. The GIS shall operate on the basis of a national coordinate reference system as defined in Directive 2007/2/EC of the European Parliament and of the Council (17) which permits standardised measurement and unique identification of agricultural parcels throughout the Member State concerned. Where different coordinate systems are used, they shall be mutually exclusive and each of them shall ensure the consistency between items of information which refer to the same location.
Article 6
Quality assessment of the identification system for agricultural parcels
1. Member States shall annually assess the quality of the identification system for agricultural parcels for the purpose of the basic payment scheme and the single area payment scheme as referred to in Chapter 1 of Title III of Regulation (EU) No 1307/2013. That assessment shall encompass two conformance classes.
The first conformance class shall cover the following elements in order to assess the quality of the identification system for agricultural parcels:
(a)
the correct quantification of the maximum eligible area;
(b)
the proportion and distribution of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account;
(c)
the occurrence of reference parcels with critical defects.
The second conformance class shall cover the following quality elements in order to identify possible weaknesses in the identification system for agricultural parcels:
(a)
the categorisation of reference parcels where the maximum eligible area takes ineligible areas into account, where it does not take agricultural area into account or reveals a critical defect;
(b)
the ratio of declared area in relation to the maximum eligible area inside the reference parcels;
(c)
the percentage of reference parcels which have been subject to change, accumulated over the years.
Where the results of the quality assessment reveal deficiencies in the system, the Member State shall take appropriate remedial action.
2. Member States shall perform the assessment referred to in the paragraph 1 on the basis of a sample of reference parcels to be selected and provided by the Commission. They shall use data allowing to assess the current situation on the ground.
3. An assessment report and, where appropriate, the remedial actions and the timetable for their implementation shall be sent to the Commission by 31 January following the calendar year in question.
Article 7
Identification and registration of payment entitlements
1. The system for the identification and registration of payment entitlements provided for in Article 71 of Regulation (EU) No 1306/2013 shall be an electronic register at Member State level and shall, in particular with regard to the cross-checks provided for in paragraph 1 of that Article, ensure effective traceability of the payment entitlements as regards the following elements:
(a)
the holder;
(b)
the annual values;
(c)
the date of establishment;
(d)
the date of last activation;
(e)
the origin, in particular with regard to its attribution, original, national or regional reserves, as well as purchase, lease and inheritance;
(f)
where Article 21(3) of Regulation (EU) No 1307/2013 is applied, the entitlements maintained by virtue of that provision;
(g)
where applicable, regional restrictions.
2. Member States having more than one paying agency, may decide to operate the electronic register at paying agency level. In that case, the Member State concerned shall ensure that the different registers are compatible with each other.
Article 8
Identification of beneficiaries
Without prejudice to Article 72(3) of Regulation (EU) No 1306/2013, the single system for recording the identity of each beneficiary provided for in Article 73 of that Regulation shall guarantee a unique identification with regard to all aid applications and payment claims or other declarations submitted by the same beneficiary.
CHAPTER II
AGRICULTURAL PARCELS WITH LANDSCAPE FEATURES AND TREES
Article 9
Determination of areas where the agricultural parcel contains landscape features and trees
1. Where certain landscape features, in particular hedges, ditches and walls, are traditionally part of good agriculture cropping or utilisation practices on agricultural area in certain regions, Member States may decide that the corresponding area shall be considered part of the eligible area of an agricultural parcel within the meaning of Article 67(4)(a) of Regulation (EU) No 1306/2013 provided that it does not exceed a total width to be determined by the Member State concerned. That width shall correspond to a traditional width in the region concerned and shall not exceed 2 metres.
However, where Member States notified to the Commission before 9 December 2009 of a width greater than 2 metres in conformity with the third subparagraph of Article 30(2) of Commission Regulation (EC) No 796/2004 (18), that width may still be applied.
The first and the second subparagraph shall not apply to permanent grassland with scattered landscape features and trees where the Member State concerned has decided to apply a pro-rata system in accordance with Article 10.
2. Any landscape features subject to the requirements and standards listed in Annex II to Regulation (EU) No 1306/2013 which form part of the total area of an agricultural parcel shall be considered part of the eligible area of that agricultural parcel.
3. An agricultural parcel that contains scattered trees shall be considered as eligible area provided that the following conditions are fulfilled:
(a)
agricultural activities can be carried out in a similar way as on parcels without trees in the same area; and
(b)
the number of trees per hectare does not exceed a maximum density.
The maximum density referred to in point (b) of the first subparagraph shall be defined by Member States and notified on the basis of traditional cropping practices, natural conditions and environmental reasons. It shall not exceed 100 trees per hectare. However, that limit shall not apply in relation to the measures referred to in Articles 28 and 30 of Regulation (EU) No 1305/2013.
This paragraph shall not apply to scattered fruit trees which yield repeated harvests, to scattered trees which can be grazed in permanent grassland and to permanent grassland with scattered landscape features and trees where the Member State concerned has decided to apply a pro-rata system in accordance with Article 10.
Article 10
Pro-rata system for permanent grassland containing landscape features and trees
1. As regards permanent grassland with scattered ineligible features, such as landscape features and trees, Member States may decide to apply a pro-rata system to determine the eligible area within the reference parcel.
The pro-rata system referred to in the first subparagraph shall consist of different categories of homogeneous land cover types for which a fixed reduction coefficient based on the percentage of ineligible area is applied. The category representing the lowest percentage of ineligible area shall not exceed 10 % of ineligible area and no reduction coefficient shall apply to that category.
2. Any landscape features subject to the requirements and standards listed in Annex II to Regulation (EU) No 1306/2013 which form part of the total area of an agricultural parcel shall be considered part of the eligible area.
3. This Article shall not apply to permanent grassland containing fruit trees which yield repeated harvests.
CHAPTER III
AID APPLICATIONS AND PAYMENT CLAIMS
Article 11
The single application
The single application shall at least cover the application for direct payments referred to in Article 72(1) of Regulation (EU) No 1306/2013 in respect of the basic payment scheme or the single area payment scheme and other area-related aid schemes.
Article 12
Derogation for the final date for submission
By way of derogation from Article 5(1) of Council Regulation (EEC, Euratom) No 1182/71 (19), where the final date for the submission of an aid application, application for support, payment claim or other declarations or any supporting documents or contracts, or the final date for amendments to the single application or to the payment claim, is a public holiday, a Saturday or a Sunday, it shall be deemed to fall on the first following working day.
The first paragraph shall also apply to the latest possible date for late submission referred to in the third subparagraph of Article 13(1) and to the latest possible date for late submission referred to in the second subparagraph of Article 14 for the submission of applications by beneficiaries for allocation or increase of payment entitlements.
Article 13
Late submission
1. Except in cases of force majeure and exceptional circumstances as referred to in Article 4, the submission of an aid application or payment claim pursuant to this Regulation after the final date for such submission as fixed by the Commission on the basis of Article 78(b) of Regulation (EU) No 1306/2013 shall lead to a 1 % reduction per working day of the amounts to which the beneficiary would have been entitled if the application or claim had been submitted within the time limit.
Without prejudice to any particular measures to be taken by the Member States with regard to the need for the submission of any supporting documents in due time to allow effective controls to be scheduled and carried out, the first subparagraph shall also apply with regard to applications for support, documents, contracts or other declarations to be submitted to the competent authority where such applications for support, documents, contracts or declarations are constitutive for the eligibility for the aid or support in question. In that case, the reduction shall be applied on the amount payable for the aid or support concerned.
If such delay amounts to more than 25 calendar days, the application or claim shall be considered inadmissible and no aid or support shall be granted to the beneficiary.
2. Except in cases of force majeure and exceptional circumstances as referred to in Article 4, where the beneficiary of the schemes provided for in Articles 46 and 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (20) who is also subject to cross-compliance obligations in accordance with Article 92 of Regulation (EU) No 1306/2013 does not submit the single application form within the final date as referred to in the first subparagraph of paragraph 1 of this article, a 1 % reduction per working day shall apply. The maximum reduction shall be limited to 25 %. The reduction percentage shall apply to the total amount of payments related to measures under Articles 46 and 47 of Regulation (EU) No 1308/2013, divided by 3 for restructuring and conversion.
3. Except in cases of force majeure and exceptional circumstances as referred to in Article 4, the submission of an amendment to the single application or payment claim after the final date for such submission as fixed by the Commission on the basis of Article 78(b) of Regulation (EU) No 1306/2013 shall lead to a 1 % reduction per working day of the amounts relating to the actual use of the agricultural parcels concerned.
Amendments to the single application or payment claim shall only be admissible until the latest possible date for late submission of the single application or payment claim as specified in the third subparagraph of paragraph 1. However, where that date is earlier than, or the same as the final date for the submission of an amendment to the single application or payment claim as referred in the first subparagraph of this paragraph, amendments to the single application or payment claim shall be considered inadmissible after that date.
Article 14
Late submission of an application related to payment entitlements
Except in cases of force majeure and exceptional circumstances referred to in Article 4, the submission of an application for allocation or, when applicable, increase of the value of payment entitlements after the final date fixed for this purpose by the Commission on the basis of Article 78(b) of Regulation (EU) No 1306/2013, shall lead in that year to a 3 % reduction per working day of the amounts to be paid in respect of the payment entitlements or, when applicable, in respect of the increase of the value of payment entitlements to be allocated to the beneficiary.
If such delay amounts to more than 25 calendar days, the application shall be considered inadmissible and no payment entitlements or, when applicable, no increase of the value of payment entitlements shall be allocated to the beneficiary.
CHAPTER IV
CALCULATION OF AID AND ADMINISTRATIVE PENALTIES RELATING TO DIRECT PAYMENTS SCHEMES AND RURAL DEVELOPMENT MEASURES IN THE SCOPE OF THE INTEGRATED SYSTEM
SECTION 1
General rules
Article 15
Exceptions from the application of administrative penalties
1. The administrative penalties provided for in this Chapter shall not apply with regard to the part of the aid application or payment claim as to which the beneficiary informs the competent authority in writing that the aid application or payment claim is incorrect or has become incorrect since it was lodged, provided that the beneficiary has not been informed of the competent authority’s intention to carry out an on-the-spot check and that the authority has not already informed the beneficiary of any non-compliances in the aid application or payment claim.
2. The information given by the beneficiary as referred to in paragraph 1 shall have the effect that the aid application or payment claim is adjusted to the actual situation.
Article 16
Non-declaration of all areas
1. If, for a given year, a beneficiary does not declare all the agricultural parcels related to the areas referred to in Article 72(1) of Regulation (EU) No 1306/2013 and the difference between the overall area declared in the single application and/or payment claim on the one hand and the area declared plus the overall area of the parcels not declared, on the other, is more than 3 % of the area declared, the overall amount of area-related direct payments and/or support under area-related support measures payable to that beneficiary for that year shall be reduced by up to 3 % depending on the severity of the omission.
The penalty calculated in accordance with the first subparagraph shall be reduced by the amount of any administrative penalty applied in accordance with Article 28(2).
2. Paragraph 1 shall also apply to payments related to the schemes provided for in Articles 46 and 47 of Regulation (EU) No 1308/2013, where the beneficiary is subject to cross-compliance obligations in accordance with Article 92 of Regulation (EU) No 1306/2013. The reduction percentage shall apply to the total amount of payments related to measures under Articles 46 and 47 of Regulation (EU) No 1308/2013 divided by 3 for restructuring and conversion.
3. Paragraph 1 shall not apply to payments under the small farmers scheme provided for in Title V of Regulation (EU) No 1307/2013.
SECTION 2
Area-related aid schemes, except the payment for agricultural practices beneficial for the climate and the environment, or area-related support measures
Article 17
General principles
1. For the purposes of this Section, the following crop groups shall be distinguished as appropriate:
(a)
areas declared for the purposes of activation of payment entitlements under the basic payment scheme or for the purpose of being granted the single area payment;
(b)
a group for each of the areas declared for the purpose of any other area-related aid scheme or support measure, for which a different rate of aid or support is applicable;
(c)
areas declared under the heading ‘other uses’.
2. Where the same area serves as the basis for an aid application and/or payment claim under more than one area-related aid scheme or support measure, that area shall be taken into account separately for each of those aid schemes or support measures.
Article 18
Basis of calculation in respect of area-related payments
1. With regard to an aid applications under the basic payment scheme, the small farmers scheme, the re-distributive payment, the payment for areas with natural constraints and, where applicable, the young farmer scheme and where the Member State applies the basic payment scheme, the following shall apply:
(a)
if the number of payment entitlements declared exceeds the number of payment entitlements at the beneficiary’s disposal, the number of payment entitlements declared shall be reduced to the number of payment entitlements at the beneficiary’s disposal;
(b)
if there is a difference between the number of payment entitlements declared and the area declared, the area declared shall be adjusted to the lowest figure.
This paragraph shall not apply in the first year of allocation of payment entitlements.
2. In case of the payment for young farmers and where the Member State opts for the payment method laid down in Article 50(6), (7) and (8) of Regulation (EU) No 1307/2013; if the area declared under the basic payment scheme or the single area payment scheme exceeds the limit set by the Member State in accordance with Article 50(9) of that Regulation, the area declared shall be reduced to that limit.
3. In case of the re-distributive payment, if the area declared under the basic payment scheme or the single area payment scheme exceeds the limits set by the Member State in accordance with Article 41(4) of Regulation (EU) No 1307/2013, the area declared shall be reduced to that limit.
4. In case of the payment for areas with natural constraints and where the Member State opts for the payment method laid down in Article 48(4) of Regulation (EU) No 1307/2013, if the area declared under the basic payment scheme or the single area payment scheme exceeds the maximum number of hectares set by the Member State, the area declared shall be reduced to that number.
5. In case of aid applications and/or payment claims under area-related aid schemes or support measures, if the area of a crop group determined is established to be greater than the area declared in the aid application, the area declared shall be used for the calculation of the aid.
6. Without prejudice to administrative penalties in accordance with Article 19, in the case of aid applications and/or payment claims under area-related aid schemes or support measures, if the area declared exceeds the area determined for a crop group as referred to in Article 17(1), the aid shall be calculated on the basis of the area determined for that crop group.
However, without prejudice to Article 60 of Regulation (EU) No 1306/2013, if the difference between the total area determined and the total area declared for payment under the direct aid schemes established in Titles III, IV and V of Regulation (EU) No 1307/2013 or the total area declared for payment under an area-related support measure is less than or equal to 0,1 hectare, the area determined shall be set equal to the area declared. For this calculation only over-declarations of areas at the level of a crop group as referred to in Article 17(1) shall be taken into account.
The second subparagraph shall not apply where that difference represents more than 20 % of the total area declared for payments.
7. For the purpose of calculating the aid under the basic payment scheme, the average of the values of different payment entitlements in relation to the respective area declared shall be taken into account.
Article 19
Administrative penalties in cases of over-declaration
1. If, in respect of a crop group as referred to in Article 17(1), the area declared for the purposes of any area-related aid schemes or support measures exceeds the area determined in accordance with Article 18, the aid shall be calculated on the basis of the area determined reduced by twice the difference found if that difference is more than either 3 % or two hectares, but no more than 20 % of the area determined.
If the difference is more than 20 % of the area determined, no area-related aid or support shall be granted for the crop group concerned.
2. If the difference is more than 50 %, no area-related aid or support shall be granted for the crop group concerned. Moreover, the beneficiary shall be subject to an additional penalty equal to the amount of aid or support corresponding to the difference between the area declared and the area determined in accordance with Article 18.
3. If the amount calculated in accordance with paragraphs 1 and 2 cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with the rules laid down by the Commission on the basis of Article 57(2) of Regulation (EU) No 1306/2013, the outstanding balance shall be cancelled.
Article 20
Administrative penalties concerning the crop specific payment for cotton
Without prejudice to the administrative penalties applicable accordance with Article 19 of this Regulation, where it is established that the beneficiary does not respect the obligations resulting from Article 61(1) and (2) of Commission Delegated Regulation (EU) No 639/2014 (21), the beneficiary shall lose the right to the increase of the aid provided for in Article 60(2) of Regulation (EU) No 1307/2013. Moreover, the aid for cotton per eligible hectare pursuant to Article 57 of Regulation (EU) No 1307/2013 shall be reduced by the amount of the increase that the beneficiary would otherwise have been granted in accordance with Article 60(2) of that Regulation.
Article 21
Administrative penalties, other than over-declarations of areas, concerning the payments for young farmers under Chapter V of Title III of Regulation (EU) No 1307/2013
1. Without prejudice to the administrative penalties applicable in accordance with Article 19, where it is established that the beneficiary does not comply with the obligations referred to in Article 50(2) of Regulation (EU) No 1307/2013 and Article 49 of Delegated Regulation (EU) No 639/2014, the aid for young farmers shall not be paid or shall be withdrawn in full. Moreover, where it is established that the beneficiary provided false evidence for the purpose of proving compliance with the obligations, a penalty corresponding to 20 % of the amount the beneficiary has, or would otherwise have received as a payment for young farmers pursuant to Article 50(1) of Regulation (EU) No 1307/2013 shall be applied.
2. If the amount of the undue payments and the administrative penalties referred to in paragraph 1 cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with the rules laid down by the Commission on the basis of Article 57(2) of Regulation (EU) No 1306/2013, the outstanding balance shall be cancelled.
SECTION 3
Payment for agricultural practices beneficial for the climate and the environment
Article 22
General principles
1. For the purposes of this Section, the following crop groups shall be distinguished as appropriate:
(a)
each group of areas declared as a certain crop as referred to in Article 44(4) of Regulation (EU) No 1307/2013;
(b)
areas declared as permanent grassland and which are environmentally sensitive as referred to in Article 45(1) of Regulation (EU) No 1307/2013;
(c)
other areas than those referred to in point (b) declared as permanent grassland; and
(d)
areas declared as ecological focus area as referred to in Article 46(1) of Regulation (EU) No 1307/2013.
2. Where the same area is declared for more than one crop group, that area shall be taken into account separately for each of those crop groups.
Article 23
Basis of calculation of the payment for agricultural practices beneficial for the climate and the environment in respect of the eligible hectares declared under the basic payment scheme or the single area payment scheme
1. Where the Member State applies the basic payment scheme, the following shall apply:
(a)
if the number of payment entitlements declared exceeds the number of payment entitlements at the beneficiary’s disposal, the number of payment entitlements declared shall be reduced to the number of payment entitlements at the beneficiary’s disposal;
(b)
if there is a difference between the number of payment entitlements declared and the area declared, the area declared shall be adjusted to the lowest figure.
2. Without prejudice to the administrative penalties applicable in accordance with Article 28, if the area declared in a single application for the basic payment or the single area payment exceeds the area determined, the area determined shall be used for the calculation of the greening payment for agricultural practices beneficial for the climate and the environment hereinafter referred to as ‘the greening payment’.
However, if the area determined for the basic payment scheme or the single area payment scheme is found to be greater than the area declared in the aid application, the area declared shall be used for the calculation of the greening payment.
Article 24
Reduction of the greening payment in case of non-compliance with crop diversification
1. Where Article 44 of Regulation (EU) No 1307/2013 requires that the main crop shall not cover more than 75 % of the total area of arable land, but the area that has been determined for the main crop group covers more than 75 %, the area to be used for the calculation of the greening payment in accordance with Article 23 of this Regulation shall be reduced by 50 % of the total area of arable land determined multiplied by the ratio of difference.
The ratio of difference referred to in the first subparagraph shall be the share of the area of the main crop group that goes beyond 75 % of the total arable land determined in the total area required for the other crop groups.
2. Where Article 44 of Regulation (EU) No 1307/2013 requires that the two main crops shall not cover more than 95 % of the total area of arable land determined, but the area that has been determined for the two main crop groups covers more than 95 %, the area to be used for the calculation of the greening payment in accordance with Article 23 of this Regulation shall be reduced by 50 % of the total area of arable land determined multiplied by the ratio of difference.
The ratio of difference referred to in the first subparagraph shall be the share of the area of the two main crop groups that goes beyond 95 % of the total area of arable land determined in the total area required for the other crop groups.
3. Where Article 44 of Regulation (EU) No 1307/2013 requires that the main crop shall not cover more than 75 % of the total area of arable land determined and the two main crops shall not cover more than 95 %, but the area that has been determined for the main crop group covers more than 75 % and the area that has been determined for the two main crop groups covers more than 95 %, the area to be used for the calculation of the greening payment in accordance with Article 23 of this Regulation shall be reduced by 50 % of the total area of arable land determined multiplied by the ratio of difference.
The ratio of difference referred to in the first subparagraph shall be the sum of the ratios of difference calculated under paragraph 1 and 2. However, the value of this ratio shall not exceed 1.
4. Where a beneficiary has been found non-compliant with crop diversification as described in this Article for three years, the area by which the area to be used for the calculation of the greening payment is to be reduced in accordance with paragraphs 1, 2 and 3 for the subsequent years shall be the total area of arable land determined multiplied by the applicable ratio of difference.
Article 25
Reduction of the greening payment in case of non-compliance with the permanent grassland requirements
1. If a non-compliance with the third subparagraph of Article 45(1) of Regulation (EU) No 1307/2013 has been determined, the area to be used for the calculation of the greening payment in accordance with Article 23 of this Regulation shall be reduced by the area determined as non-compliant with the requirements in the third subparagraph of Article 45(1) of Regulation (EU) No 1307/2013.
2. If a non-compliance with the obligations as referred to in Article 44 of Delegated Regulation (EU) No 639/2014 has been determined, the area to be used for the calculation of the greening payment in accordance with Article 23 of this Regulation shall be reduced by the area determined as non-compliant with the obligations as referred to in Article 44 of Delegated Regulation (EU) No 639/2014.
3. Non-compliances shall be deemed to be ‘determined’ if they are established as a consequence of any kind of checks carried out in accordance with Article 74 of Regulation (EU) No 1306/2013 or after having been brought to the attention of the competent control authority or paying agency in whatever other way.
Article 26
Reduction of the greening payment in case of non-compliance with the ecological focus area requirements
1. The ecological focus area required in accordance with Article 46(1) of Regulation (EU) No 1307/2013, hereinafter referred to as ‘the ecological focus area required’, shall be calculated on the basis of the total area of arable land determined and including, if applicable pursuant to Article 46(2) of Regulation (EU) No 1307/2013, the areas determined as referred to in points (c), (d), (g) and (h) of the first subparagraph of Article 46(2) of that Regulation.
2. If the ecological focus area required exceeds the ecological focus area determined taking account of the weighting of ecological focus areas provided for in Article 46(3) of Regulation (EU) No 1307/2013, the area to be used for the calculation of the greening payment in accordance with Article 23 of this Regulation shall be reduced by 50 % of the total arable land determined and including, if applicable pursuant to Article 46(2) of that Regulation (EU) No 1307/2013, the areas determined as referred to in points (c), (d), (g) and (h) of the first subparagraph of Article 46(2) of that Regulation, multiplied by the ratio of difference.
The ratio of difference referred to in the first subparagraph shall be the share of the difference between the ecological focus area required and the ecological focus area determined in the ecological focus area required.
3. Where a beneficiary has been found non-compliant with the ecological focus area requirements as described in this Article for three years, the area by which the area to be used for the calculation of the greening payment is to be reduced in accordance with paragraph 2 for the subsequent years shall be the total area of arable land determined and including, if applicable pursuant to Article 46(2) of Regulation (EU) No 1307/2013, the areas determined as referred to in points (c), (d), (g) and (h) of the first subparagraph of Article 46(2) of that Regulation, multiplied by the ratio of difference.
Article 27
Maximum reduction of the greening payment
1. The sum of the reductions calculated in accordance with Articles 24 and 26 expressed in hectares shall not exceed the total number of hectares of arable land determined including, if applicable pursuant to Article 46(2) of Regulation (EU) No 1307/2013, the areas determined as referred to in points (c), (d), (g) and (h) of the first subparagraph of Article 46(2) of that Regulation.
2. Without prejudice to the application of administrative penalties applicable in accordance with Article 28, the total reduction calculated in accordance with Articles 24 to 26 shall not exceed the greening payment calculated in accordance with Article 23.
Article 28
Administrative penalties as regards the greening payment
1. If the area to be used for the calculation of the greening payment in accordance with Article 23 differs from the area to be used for the calculation of the greening payment after application of Articles 24 to 27, the greening payment shall be calculated on this later area reduced by twice the difference established if that difference is more than either 3 % or two hectares, but no more than 20 % of the area to be used for the calculation of the greening payment after application of Articles 24 to 27.
If the difference is more than 20 %, no aid shall be granted.
If the difference is more than 50 %, no aid shall be granted. Moreover, the beneficiary shall be subject to an additional penalty equal to the amount of aid corresponding to the difference between the area to be used for the calculation of the greening payment in accordance with Article 23 and the area to be used for calculation of the greening payment after application of Articles 24 to 27.
2. If the beneficiary does not declare all his area under arable land with the result that he would have been exempted from the obligations provided for in Articles 44, 45 and 46 of Regulation (EU) No 1307/2013, and/or he does not declare all his permanent grassland which is environmentally sensitive in accordance with Article 45(1) of that Regulation and the non-declared area is more than 0,1 ha, the area to be used for the calculation of the greening payment after application of Articles 24 to 27 of this Regulation shall be further reduced by 10 %.
3. In accordance with Article 77(6) of Regulation (EU) No 1306/2013, the administrative penalty calculated in accordance with paragraphs 1 and 2 of this Article shall not be applied in claim years 2015 and 2016. The administrative penalty calculated in accordance with paragraph 1 and 2 shall be divided by 5 and limited to 20 % of the amount of the greening payment to which the farmer concerned would have been entitled in accordance with Article 23 in claim year 2017, and divided by 4 and limited to 25 % of the same amount for claim years 2018 and onwards.
4. If the amount of the administrative penalties calculated in accordance with paragraphs 1, 2 and 3 cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with the rules laid down by the Commission on the basis of Article 57(2) of Regulation (EU) No 1306/2013, the outstanding balance shall be cancelled.
Article 29
Applicable rules for equivalent practices
This Section shall apply mutatis mutandis to the equivalent practices referred to in Article 43(3) of Regulation (EU) No 1307/2013.
SECTION 4
Voluntary coupled support based on livestock aid applications under animal aid schemes or rural development support based on payment claims under animal-related support measures
Article 30
Basis of calculation
1. In no case aid or support shall be granted for a number of animals greater than that shown in the aid application or in the payment claim.
2. Animals present on the holding shall only be considered as determined if they are identified in the aid application or in the payment claim. Identified animals may be replaced without the loss of the right to payment of the aid or support, provided that the beneficiary has not yet been informed by the competent authority of a non-compliance in the application or claim or has not yet been given notice of the authority’s intention to carry out an on-the-spot check. Where a Member State does not make use of the possibility of having a claimless system, in accordance with the rules laid down by the Commission on the basis of Article 78(b) of Regulation (EU) No 1306/2013, it shall ensure by any means that there are no doubts as to which animals are covered by the beneficiaries’ applications or claims.
3. Without prejudice to Article 31, if the number of animals declared in an aid application or payment claim exceeds that determined as a result of administrative checks or on-the-spot checks, the aid or support shall be calculated on the basis of the animals determined.
4. Where cases of non-compliances with regard to the system for the identification and registration for bovine animals are found, the following shall apply:
(a)
a bovine animal present on the holding which has lost one of the two ear tags shall be considered as determined provided that it is clearly and individually identified by the other elements of the system for the identification and registration of bovine animals referred to in points (b), (c) and (d) of the first paragraph of Article 3 of Regulation (EC) No 1760/2000;
(b)
where one single bovine animal present on the holding has lost two ear tags it shall be considered as determined provided that the animal can still be identified by the register, animal passport, database or other means laid down in Regulation (EC) No 1760/2000 and provided that the animal keeper can provide evidence that he has already taken action to remedy the situation before the announcement of the on-the-spot check;
(c)
where the non-compliances found relate to incorrect entries in the register or the animal passports, the animal concerned shall only be considered as not determined if such errors are found on at least two checks within a period of 24 months. In all other cases the animals concerned shall be considered as not determined after the first finding.
The entries in, and notifications to, the system for the identification and registration of bovine animals may be adjusted at any time in cases of obvious errors recognised by the competent authority.
5. An ovine or caprine animal present on the holding which has lost one ear tag shall be considered as determined provided that the animal can still be identified by a first means of identification in accordance with Article 4(2)(a) of Regulation (EC) No 21/2004 and provided that all other requirements of the system for the identification and registration of ovine and caprine animals are fulfilled.
Article 31
Administrative penalties in respect of declared animals under the animal aid schemes or animal-related support measures
1. Where, in respect of an aid application under an animal aid scheme or in respect of a payment claim under an animal-related support measure, a difference is found between the number of animals declared and that determined in accordance with Article 30(3), the total amount of aid or support to which the beneficiary is entitled under that aid scheme or support measure for the claim year concerned shall be reduced by the percentage to be established in accordance with paragraph 3 of this Article, if no more than three animals are found with non-compliances.
2. If more than three animals are found with non-compliances the total amount of aid or support to which the beneficiary is entitled under the aid scheme or support measure referred to in paragraph 1 for the claim year concerned shall be reduced by:
(a)
the percentage to be established in accordance with paragraph 3, if it is not more than 10 %;
(b)
twice the percentage to be established in accordance with paragraph 3, if it is more than 10 % but not more than 20 %.
If the percentage established in accordance with paragraph 3 is more than 20 %, no aid or support to which the beneficiary would have been entitled pursuant to Article 30(3) shall be granted under the aid scheme or support measure for the claim year concerned.
If the percentage established in accordance with paragraph 3 is more than 50 %, no aid or support to which the beneficiary would have been entitled pursuant to Article 30(3) shall be granted under the aid scheme or support measure for the claim year concerned. Moreover, the beneficiary shall be subject to an additional penalty of an amount equal to the amount corresponding to the difference between the number of animals declared and the number of animals determined in accordance with Article 30(3). If that amount cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with the rules laid down by the Commission on the basis of Article 57(2) of Regulation (EU) No 1306/2013, the outstanding balance shall be cancelled.
3. In order to establish the percentages referred to in paragraphs 1 and 2, the number of animals declared under an animal aid scheme or animal-related support measure and found with non-compliances shall be divided by the number of animals determined for that animal aid scheme or support measure in respect of the aid application or payment claim for the claim year concerned.
Where a Member State makes use of the possibility of having a claimless system, in accordance with the rules laid down by the Commission on the basis of Article 78(b) of Regulation (EU) No 1306/2013, potentially eligible animals found not to be correctly identified or registered in the system for identification and registration for animals shall count as animals found with non-compliances.
Article 32
Exceptions from the application of administrative penalties in cases of natural circumstances
The administrative penalties provided for in Article 31 shall not apply in cases where the beneficiary is unable to comply with the eligibility criteria, commitments or other obligations as a result of natural circumstances affecting the herd or flock, provided that he has informed the competent authority in writing within ten working days of finding any reduction in the number of animals.
Without prejudice to the actual circumstances to be taken into account in individual cases, the competent authorities may recognise natural circumstances affecting the herd or flock consisting of
(a)
the death of an animal as a consequence of a disease; or
(b)
the death of an animal following an accident for which the beneficiary cannot be held responsible.
Article 33
Additional penalties and measures
1. Member States may provide additional national penalties to be applied to intermediates, involved in the procedure of obtaining aid or support, in order to ensure the compliance with control requirements including the respect of notification obligations.
2. As regards the evidence provided by services, bodies or organisations other than the competent authorities in accordance with the rules laid down by the Commission on the basis of Article 78(c) of Regulation (EU) No 1306/2013, if it is found that incorrect evidence has been provided as a result of negligence or intentionally, the Member State concerned shall apply appropriate penalties in accordance with national legislation. Where such non-compliances are found a second time, the service, body or organisation involved shall be excluded for a period of at least one year from the right to provide evidence valid for support purposes.
Article 34
Amendments and adjustments of entries in the computerised database for bovine animals
In respect of declared bovine animals, Article 15 shall apply to errors and omissions in relation to entries in the computerised database for bovine animals made from the moment the aid application or payment claim is submitted.
TITLE III
SPECIFIC PROVISIONS FOR RURAL DEVELOPMENT SUPPORT MEASURES
Article 35
Non-compliance with the eligibility criteria other than the size of area or number of animals, commitments or other obligations
1. The support claimed shall be refused or withdrawn in full where the eligibility criteria are not complied with.
2. The support claimed shall be refused or be withdrawn in full or in part where the following commitments or other obligations are not complied with:
(a)
commitments established in the rural development programme; or
(b)
where relevant, other obligations of the operation established by Union or national law or established in the rural development programme, in particular public procurement, State aid and other obligatory standards and requirements.
3. When deciding on the rate of refusal or withdrawal of support following the non-compliance with the commitments or other obligations referred to in paragraph 2, the Member State shall take account of the severity, extent, duration and reoccurrence of the non-compliance related to conditions for support referred to in paragraph 2.
The severity of the non-compliance shall depend, in particular, on the importance of the consequences of the non-compliance, taking into account the objectives of the commitments or obligations that were not met.
The extent of the non-compliance shall depend, in particular, on its effect on the operation as a whole.
The duration shall depend, in particular, on the length of time for which the effect lasts or the possibility of terminating this effect by reasonable means.
The reoccurrence shall depend on whether similar non-compliances have been found earlier during the last four years or during the whole programming period 2014-2020 in case of the same beneficiary and the same measure or type of operation or in the case of the programming period 2007-2013, the similar measure.
4. In case of multiannual commitments or payments, withdrawals based on the criteria referred to in paragraph 3 shall also apply to the amounts already paid in the previous years for the same operation.
5. In case the overall assessment based on the criteria referred to in paragraph 3 leads to establishing a serious non-compliance, the support shall be refused or withdrawn in full. Furthermore, the beneficiary shall be excluded from the same measure or type of operation for the calendar year of the finding and for the following calendar year.
6. Where it is established that the beneficiary provided false evidence for the purpose of receiving the support or failed to provide the necessary information due to negligence, the support shall be refused or withdrawn in full. Furthermore, the beneficiary shall be excluded from the same measure or type of operation for the calendar year of finding and for the following calendar year.
7. If the withdrawals and administrative penalties referred to in paragraphs 1, 2, 4, 5 and 6 cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with the rules laid down by the Commission on the basis of Article 57(2) of Regulation (EU) No 1306/2013, the outstanding balance shall be cancelled.
Article 36
Suspending the support
The paying agency may suspend the support relating to certain expenditure where a non-compliance resulting in an administrative penalty is detected. The suspension shall be lifted by the paying agency as soon as the beneficiary proves to the satisfaction of the competent authority that the situation has been remedied. The maximum period of suspension shall not exceed three months. The Member States may also set shorter maximum periods depending on the type of operations and the effects of the non-compliance in question.
The paying agency may only suspend support where the non-compliance does not prejudice the achievement of the overall purpose of the operation concerned, and if it is expected that the beneficiary is able to remedy the situation during the maximum period defined.
TITLE IV
CONTROL SYSTEM AND ADMINISTRATIVE PENALTIES IN RELATION TO CROSS-COMPLIANCE
CHAPTER I
MAINTENANCE OF PERMANENT PASTURE
Article 37
Permanent pasture obligations
1. Where it is established that the ratio referred to in Article 3(3) of Regulation (EC) No 1122/2009 has decreased in 2014 at national or regional level, the Member State concerned may provide for the obligation of beneficiaries applying for any aid under the direct payment schemes in 2015 not to convert land under permanent pasture without prior authorisation.
Where it is established that that ratio has decreased by more than 5 % in 2014, the Member State concerned shall provide for such obligation.
If the authorisation referred to in the first and second subparagraphs is subject to the condition that an area of land is established as permanent pasture, such land shall, as of the first day of conversion, be considered as permanent pasture by way of derogation from the definition laid down in point (2) of the second paragraph of Article 2 of Regulation (EC) No 1122/2009. That area shall be used to grow grasses or other herbaceous forage for the five consecutive years following the date of conversion.
2. The obligation for beneficiaries set out in paragraph 1 shall not apply where beneficiaries created land under permanent pasture in accordance with Council Regulations (EEC) No 2078/92 (22), (EC) 1257/1999 (23) and (EC) No 1698/2005.
3. Where it is established that the obligation referred to in Article 3(2) of Regulation (EC) No 1122/2009 cannot be ensured in 2014, the Member State concerned shall, further to the measures to be taken in accordance with paragraph 1 of this Article, provide, at national or regional level, for the obligation of beneficiaries applying for aid under any of the direct payment schemes in 2015 to re-convert land into land under permanent pasture.
The first subparagraph shall only apply to beneficiaries having land at their disposal which was converted from land under permanent pasture into land for other uses.
The first subparagraph shall apply with regard to an area of land thus converted since the date of the start of the 24-month period preceding the last date at which the single applications had to be submitted at the latest in accordance with Article 11(2) of Regulation (EC) No 1122/2009 in the Member State concerned.
In such case, farmers shall re-convert a percentage of that area into permanent pasture or establish such an amount of area as permanent pasture. That percentage shall be calculated on the basis of the amount of area thus converted by the farmer and the amount of area needed to re-establish the balance.
However, where such area was subject to a transfer after it had been converted into land for other uses, the first subparagraph shall only apply if the transfer took place after 6 May 2004.
Areas re-converted or established as permanent pasture shall, as of the first day of the re-conversion or establishment, be considered as ‘permanent pasture’ by way of derogation from point (2) of the second paragraph of Article 2 of Regulation (EC) No 1122/2009. Those areas shall be used to grow grasses or other herbaceous forage for the five consecutive years following the date of conversion.
4. Paragraphs 1 and 3 shall apply only during the year 2015.
5. Member States shall carry out checks in 2015 and 2016 to ensure that paragraphs 1 and 3 are complied with.
CHAPTER II
CALCULATION AND APPLICATION OF ADMINISTRATIVE PENALTIES
Article 38
General rules concerning non-compliance
1. The ‘reoccurrence’ of a non-compliance means the non-compliance with the same requirement or standard determined more than once within a consecutive period of three calendar years, provided that the beneficiary has been informed of a previous non-compliance and, as the case may be, has had the possibility to take the necessary measures to terminate that previous non-compliance. For the purpose of determining the reoccurrence of a non-compliance, non-compliances determined in accordance with Regulation (EC) No 1122/2009 shall be taken into account and, in particular, GAEC 3, as listed in Annex II to Regulation (EU) No 1306/2013, shall be considered equivalent to SMR 2 of Annex II to Regulation (EC) No 73/2009 in its version in force on 21 December 2013.
2. The ‘extent’ of a non-compliance shall be determined taking account, in particular, of whether the non-compliance has a far-reaching impact or whether it is limited to the farm itself.
3. The ‘severity’ of a non-compliance shall depend, in particular, on the importance of the consequences of the non-compliance taking account of the aims of the requirement or standard concerned.
4. Whether a non-compliance is of ‘permanence’ shall depend, in particular, on the length of time for which the effect lasts or the potential for terminating those effects by reasonable means.
5. For the purposes of this Chapter, non-compliances shall be deemed to be ‘determined’ if they are established as a consequence of any kind of controls carried out in accordance with this Regulation or after having been brought to the attention of the competent control authority or, where applicable, the paying agency, in whatever other way.
Article 39
Calculation and application of administrative penalties in the case of negligence
1. Where a non-compliance determined results from the negligence of the beneficiary, a reduction shall be applied. That reduction shall, as a general rule, be 3 % of the total amount resulting from the payments and annual premiums indicated in Article 92 of Regulation (EU) No 1306/2013.
However, the paying agency may, on the basis of the assessment of the importance of the non-compliance provided by the competent control authority in the evaluation part of the control report taking into account the criteria referred to in Article 38(1) to (4), decide either to reduce that percentage to 1 % or to increase it to 5 % of the total amount referred to in the first subparagraph or, in the cases where provisions relating to the requirement or standard in question leave a margin not to further pursue the non-compliance found or in the cases for which support is granted according to Article 17(5) and (6) of Regulation (EU) No 1305/2013, not to impose any reductions at all.
2. Where a Member State decides not to apply an administrative penalty pursuant to Article 97(3) of Regulation (EU) No 1306/2013 and the beneficiary has not remedied the situation within a deadline set by the competent authority, the administrative penalty shall be applied.
The deadline set by the competent authority shall not be later than the end of the year following the one in which the finding was made.
3. Where a Member State makes use of the option provided for in the second subparagraph of Article 99(2) of Regulation (EU) No 1306/2013 and the beneficiary has not remedied the situation within a deadline set by the competent authority, a reduction of at least 1 % as provided for in paragraph 1 of this Article shall be applied retroactively in relation to the year of the initial finding when the early warning system was applied, if the non-compliance is found not to have been remedied during a maximum period of three consecutive calendar years calculated from and including that year.
The deadline set by the competent authority shall not be later than the end of the year following the one in which the finding was made.
A non-compliance which has been remedied by the beneficiary within the deadline set shall not be considered as a non-compliance for the purpose of establishing reoccurrence in accordance with paragraph 4.
4. Without prejudice to cases of intentional non-compliance, the reduction to be applied in respect of the first reoccurrence of the same non-compliance in accordance with paragraph 1 shall be multiplied by the factor three.
In case of further reoccurrences, the multiplication factor three shall be applied each time to the result of the reduction fixed in respect of the previous reoccurrence. The maximum reduction shall, however, not exceed 15 % of the total amount referred to in paragraph 1.
Once the maximum percentage of 15 % has been reached, the paying agency shall inform the beneficiary concerned that if the same non-compliance is determined again, the beneficiary shall be considered to have acted intentionally within the meaning of Article 40.
Article 40
Calculation and application of administrative penalties in cases of intentional non-compliance
Where the non-compliance determined has been committed intentionally by the beneficiary, the reduction to be applied to the total amount referred to in Article 39(1) shall, as a general rule, be 20 % of that total amount.
However, the paying agency may, on the basis of the assessment of the importance of the non-compliance provided by the competent control authority in the evaluation part of the control report taking into account the criteria referred to in Article 38(1) to (4), decide to reduce that percentage to no less than 15 % or to increase that percentage to up to 100 % of that total amount.
Article 41
Cumulation of administrative penalties
Where a case of non-compliance within the meaning of point (2)(b) of the second subparagraph of Article 2(1) also constitutes a non-compliance within the meaning of point (2)(a) of the second subparagraph of Article 2(1), the administrative penalties shall be applied in accordance with the rules laid down by the Commission on the basis of Article 77(8)(a) of Regulation (EU) No 1306/2013.
TITLE V
TRANSITIONAL AND FINAL PROVISIONS
Article 42
Transitional rules as regards cross-compliance
1. As regards cross-compliance obligations of beneficiaries of measures implemented pursuant to Regulation (EC) No 1698/2005, the rules on the control system and administrative penalties laid down in this Regulation and in the implementing acts adopted by the Commission on the basis of Regulation (EU) No 1306/2013 shall apply.
2. For non-compliances with cross-compliance obligations for which administrative penalties were not applied since they were falling under de minimis rule referred to in Article 23(2) of Regulation (EC) No 73/2009 or in Article 51(2) of Regulation (EC) No 1698/2005 respectively, the second subparagraph of Article 97(3) of Regulation (EU) No 1306/2013 shall apply as regards the obligation on the control authority to take actions necessary to verify that the beneficiary has remedied the findings of non-compliance.
Article 43
Repeal
Regulations (EC) No 1122/2009 and (EU) No 65/2011 are repealed with effect from 1 January 2015.
However, those Regulations shall continue to apply to:
(a)
aid applications for direct payments lodged in respect of premium periods starting before 1 January 2015;
(b)
payment claims made in relation to the year 2014; and
(c)
the control system and administrative penalties as regards cross-compliance obligations of farmers under Articles 85t and 103z of Council Regulation (EC) No 1234/2007 (24).
Article 44
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply to aid applications or payment claims relating to claim years or premium periods starting as from the 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 549.
(2) Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ L 209, 11.8.2005, p. 1).
(3) Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ L 316, 2.12.2009, p. 65).
(4) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
(5) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
(6) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
(7) Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).
(8) Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (OJ L 25, 28.1.2011, p. 8).
(9) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
(10) Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).
(11) Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).
(12) Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).
(13) Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).
(14) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
(15) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
(16) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
(17) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
(18) Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ L 141, 30.4.2004, p. 18).
(19) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).
(20) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(21) Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (see page 1 of this Official Journal).
(22) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (OJ L 215, 30.7.1992, p. 85).
(23) Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80).
(24) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1). |
6.5.2014
EN
Official Journal of the European Union
L 133/39
COMMISSION IMPLEMENTING REGULATION (EU) No 458/2014
of 29 April 2014
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2)
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.
(3)
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN codes indicated in column (2), by virtue of the reasons set out in column (3) of that table.
(4)
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.
(5)
The Customs Code Committee has not issued an opinion on item 1 of the Annex of this Regulation within the time limit set by its Chairman, the measures provided for under item 2 of the Annex of this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2014.
For the Commission,
On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
(1) OJ L 256, 7.9.1987, p. 1.
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1)
(2)
(3)
1.
A digital apparatus with the design of a traditional video camera recorder for capturing and recording still and video images onto an internal memory or a memory card.
The apparatus is equipped with a 0,8 megapixels charge-coupled device (CCD) and a foldable viewfinder of the liquid crystal display (LCD) type with a diagonal measurement of approximately 7 cm (2,7 inches) that can be used when capturing images or as a screen for displaying recorded images.
The apparatus has the following interfaces:
—
a slot for memory cards,
—
composite video out,
—
audio output,
—
USB.
The maximum resolution of the still images is 1 600 × 1 200 pixels (1,92 megapixels).
The apparatus can record video at 50 frames per second with a maximum resolution of 720 × 576 pixels.
The apparatus offers an optical zoom function during video recording.
Upon presentation files cannot be transferred to the apparatus from an automatic data-processing machine via the USB interface.
8525 80 91
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8525, 8525 80 and 8525 80 91.
Given the objective characteristics of the apparatus, such as its design and shape, the presence of a CCD with a low resolution of 0,8 megapixels, the ability to record video in a quality of standard DVD video discs (resolution of 720 × 576 pixels at 50 frames per second) and to record still images of poor quality (maximum resolution of 1,92 megapixels), capturing and recording video images is the principal function of the apparatus within the meaning of note 3 to Section XVI (see also the order of the Court of Justice of the European Union of 9 December 2010 in Case C-193/10, KMB Europe v Hauptzollamt Duisburg (ECR 2010, p. I-12903, points 23 to 25)).
The fact that the camera records video with lower resolution than 800 × 600 pixels does not change the apparatus' principal function. Therefore, classification under subheading 8525 80 30 as a digital camera is excluded.
The apparatus is only able to record sound and images taken by the television camera and the possibility of transferring files into the camera cannot be activated after presentation by simple modification of the apparatus by a user who does not have special skills.
It is therefore to be classified under CN code 8525 80 91 as video camera recorders only able to record sound and images taken by the television camera.
2.
A digital apparatus with the design of a traditional video camera recorder for capturing and recording still and video images onto an internal memory or a memory card.
The apparatus is equipped with a 0,8 megapixels charge-coupled device (CCD) and a foldable viewfinder of the liquid crystal display (LCD) type with a diagonal measurement of approximately 7 cm (2,7 inches) that can be used when capturing images or as a screen for displaying recorded images.
The apparatus has the following interfaces:
—
a slot for memory cards,
—
composite video out,
—
audio output,
—
USB.
The maximum resolution of the still images is 1 600 × 1 200 pixels (1,92 megapixels).
The apparatus can record video at 50 frames per second with a maximum resolution of 720 × 576 pixels.
The apparatus offers an optical zoom function during video recording.
Upon presentation files can be transferred to the apparatus from an automatic data-processing machine via the USB interface.
8525 80 99
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8525, 8525 80 and 8525 80 99.
Given the objective characteristics of the apparatus, such as its design and shape, the presence of a CCD with a low resolution of 0,8 megapixels, the ability to record video in a quality of standard DVD video discs (resolution of 720 × 576 pixels at 50 frames per second) and to record still images of poor quality (maximum resolution of 1,92 megapixels), capturing and recording video images is the principal function of the apparatus within the meaning of note 3 to Section XVI (see also the order of the Court of Justice of the European Union of 9 December 2010 in Case C-193/10, KMB Europe v Hauptzollamt Duisburg (ECR 2010, p. I-12903, points 23 to 25)).
The fact that the camera records video with lower resolution than 800 × 600 pixels does not change the apparatus' principal function. Therefore, classification under subheading 8525 80 30 as a digital camera is excluded.
As the apparatus is capable of recording video files from sources other than the incorporated television camera, classification under subheading 8525 80 91 as video camera recorders only able to record sound and images taken by the television camera is excluded.
The apparatus is therefore to be classified under CN code 8525 80 99 as other video camera recorders. |
1.7.2014
EN
Official Journal of the European Union
L 192/52
EUROPEAN COUNCIL DECISION
of 27 June 2014
proposing to the European Parliament a candidate for President of the European Commission
(2014/414/EU)
THE EUROPEAN COUNCIL,
Having regard to the Treaty on European Union, and in particular Article 17(7) thereof,
Whereas:
(1)
Article 17(7) of the Treaty on European Union provides that, taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council proposes to the European Parliament a candidate for President of the European Commission.
(2)
The elections to the European Parliament were held between 22 and 25 May 2014, in accordance with Council Decision 2013/299/EU, Euratom (1).
(3)
In accordance with Declaration No 11 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, representatives of the European Parliament and of the European Council conducted the necessary consultations.
(4)
Therefore a candidate should be proposed to the European Parliament for President of the European Commission,
HAS ADOPTED THIS DECISION:
Article 1
Mr Jean-Claude JUNCKER is hereby proposed to the European Parliament as candidate for President of the European Commission.
Article 2
This Decision shall be forwarded to the European Parliament.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 27 June 2014.
For the European Council
The President
H. VAN ROMPUY
(1) Council Decision 2013/299/EU, Euratom of 14 June 2013 fixing the period for the eighth election of representatives to the European Parliament by direct universal suffrage (OJ L 169, 21.6.2013, p. 69). |
9.10.2014
EN
Official Journal of the European Union
L 293/15
COMMISSION IMPLEMENTING REGULATION (EU) No 1059/2014
of 8 October 2014
amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People's Republic of Korea (1), and in particular Article 13(1)(d) and (e) thereof,
Whereas:
(1)
Annex IV to Regulation (EC) No 329/2007 lists persons, entities and bodies on the basis of determinations made by the Sanctions Committee established pursuant to United Nations Security Council Resolution 1718 (2006) concerning the Democratic People's Republic of Korea (the Sanctions Committee) or the UN Security Council (UNSC) in accordance with paragraph 8(d) of UNSC Resolution 1718(2006) covered by the freezing of funds and economic resources under that Regulation.
(2)
On 28 July 2014, the Sanctions Committee approved the addition of a new entity to its consolidated list of individuals and entities subject to restrictive measures. Annex IV to Regulation (EC) No 329/2007 lists persons, entities and bodies who have been designated by the Council in accordance with Article 15(1)(a) of Council Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (2) in accordance with determinations by the Sanctions Committee or the UNSC. Annex IV should be amended accordingly.
(3)
On 30 July 2014, the Sanctions Committee updated the identifying information relating to a number of individuals and entities subject to restrictive measures. On 8 October 2014, on the basis of a determination by the Sanctions Committee, the Council decided (3) to amend the information relating to a number of entities in the list of persons, entities and bodies to whom the freezing of funds and economic resources should apply. Annex IV of the Regulation should therefore be amended accordingly.
(4)
Annex V to Regulation (EC) No 329/2007 lists persons, entities and bodies not listed in Annex IV who, in accordance with Article 15(1)(b) of Council Decision 2013/183/CFSP have been designated by the Council. On 9 October 2014, the Council decided to delete a person listed in Annex V. Annex V should therefore be amended.
(5)
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 329/2007 is amended as follows:
(1)
Annex IV is amended in accordance with Annex I to this Regulation.
(2)
Annex V is amended in accordance with Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 October 2014.
For the Commission,
On behalf of the President,
Head of the Service for Foreign Policy Instrument
(1) OJ L 88, 29.3.2007, p. 1.
(2) OJ L 111, 23.4.2013, p. 52.
(3) Council Decision 2014/700/CFSP of 8 October 2014 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (see page 34 of this Official Journal).
ANNEX I
Annex IV to Regulation (EC) No 329/2007 is amended as follows:
(1)
Under the heading ‘B. Legal persons, entities and bodies’ the following entry is added:
‘(20)
Ocean Maritime Management Company, Limited (OMM) (aka OMM). Address: (a) Donghung Dong, Central District, PO Box 120, Pyongyang, DPRK; (b) Dongheung-dong Changgwang Street, Chung-Ku, PO Box 125, Pyongyang, DPRK. Other Information: (a) International Maritime Organization (IMO) Number: 1790183; (b) Ocean Maritime Management Company, Limited is the operator/manager of the vessel Chong Chon Gang. It played a key role in arranging the shipment of concealed cargo of arms and related material from Cuba to the DPRK in July 2013. As such, Ocean Maritime Management Company, Limited contributed to activities prohibited by the resolutions, namely the arms embargo imposed by resolution 1718 (2006), as modified by resolution 1874 (2009), and contributed to the evasion of the measures imposed by these resolutions. Date of designation: 30.7.2014.’
(2)
Under the heading ‘A. Natural persons’ the following entries are replaced with updated identifying information:
(a)
The entry ‘Ri Je-son (alias Ri Che-son). Year of birth: 1938. Post: Director of the General Bureau of Atomic Energy (GBAE), chief agency directing North Korea's nuclear programme. Other information: facilitates several nuclear endeavours including GBAE's management of Yongbyon Nuclear Research Centre and Namchongang Trading Corporation. Date of designation: 16.7.2009.’ is replaced by the following:
‘Ri Je-son (alias Ri Che-son). Year of birth: 1938. Post: Minister of Atomic Energy Industry since April 2014. Former Director of the General Bureau of Atomic Energy (GBAE), chief agency directing North Korea's nuclear programme. Other information: facilitates several nuclear endeavours including GBAE's management of Yongbyon Nuclear Research Centre and Namchongang Trading Corporation. Date of designation: 16.7.2009.’
(b)
The entry ‘Chang Myong-Chin (alias Jang Myong-Jin). Post: General Manager of the Sohae Satellite Launching Station. Year of birth: (a) 1966, (b) 1965. Date of designation: 22.1.2013.’ is replaced by the following:
‘Chang Myong-Chin (alias Jang Myong-Jin). Post: General Manager of the Sohae Satellite Launching Station and head of launch centre at which the 13 April and 12 December 2012 launches took place. Date of birth: (a) 19.2.1968; (b) 1965; (c) 1966. Other information: Gender: Male. Date of designation: 22.1.2013.’
(c)
The entry ‘Ra Ky'ong-Su. Post: Tanchon Commercial Bank (TCB) official. Date of designation: 22.1.2013.’ is replaced by the following:
‘Ra Ky'ong-Su (alias Ra Kyung-Su). Post: Tanchon Commercial Bank (TCB) official. Date of birth: 4.6.1954. Passport no.: 645120196. Other information: Gender: Male. Date of designation: 22.1.2013.’
(d)
The entry ‘Kim Kwang-il. Post: Tanchon Commercial Bank (TCB) official. Date of designation: 22.1.2013.’ is replaced by the following:
‘Kim Kwang-il. Post: Tanchon Commercial Bank (TCB) official. Date of birth: 1.9.1969. Passport no.: PS381420397. Other information: Gender: Male. Date of designation: 22.1.2013.’
3.
Under the heading ‘B. Legal persons, entities and bodies’ the following entries are replaced with updated identifying information:
(a)
The entry ‘(1) Korea Mining Development Trading Corporation (aka (a) CHANGGWANG SINYONG CORPORATION; (b) EXTERNAL TECHNOLOGY GENERAL CORPORATION; (c) DPRKN MINING DEVELOPMENT TRADING COOPERATION; (d) “KOMID”). Address: Central District, Pyongyang, DPRK. Other information: Leading arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Date of designation: 24.4.2009.’ is replaced by the following:
‘(1)
Korea Mining Development Trading Corporation (aka (a) CHANGGWANG SINYONG CORPORATION; (b) EXTERNAL TECHNOLOGY GENERAL CORPORATION; (c) DPRKN MINING DEVELOPMENT TRADING COOPERATION; (d) “KOMID”). Address: Central District, Pyongyang, DPRK. Other information: Primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Date of designation: 24.4.2009.’
(b)
The entry ‘(9) Amroggang Development Banking Corporation (aka (a) AMROGGANG DEVELOPMENT BANK; (b) AMNOkKANG DEVELOPMENT BANK). Address: Tongan-dong, Pyongyang, DPRK. Date of designation: 2.5.2012.’ is replaced by the following:
‘(9)
Amroggang Development Banking Corporation (aka (a) AMROGGANG Development Bank; (b) Amnokkang Development Bank). Address: Tongan-dong, Pyongyang, DPRK. Other information: Amroggang, which was established in 2006, is a Tanchon Commercial Bank-related company managed by Tanchon officials. Tanchon plays a role in financing KOMID's sales of ballistic missiles and has also been involved in ballistic missile transactions from KOMID to Iran's Shahid Hemmat Industrial Group (SHIG). Tanchon Commercial Bank was designated by the Committee in April 2009 and is the main DPRK financial entity for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. The Security Council designated SHIG in resolution 1737 (2006) as an entity involved in Iran's ballistic missile programme. Date of designation: 2.5.2012.’
(c)
The entry ‘(10) Green Pine Associated Corporation (aka (a) CHO'NGSONG UNITED TRADING COMPANY; (b) CHONGSONG YONHAP; (c) CH'O'NGSONG YO'NHAP; (d) CHOSUN CHAWO'N KAEBAL T'UJA HOESA; (e) JINDALLAE; (f) KU'MHAERYONG COMPANY LTD; (g) NATURAL RESOURCES DEVELOPMENT AND INVESTMENT CORPORATION; (h) SAEINGP'IL COMPANY). Address: (a) c/o Reconnaissance General Bureau Headquarters, Hyongjesan-Guyok, Pyongyang, North Korea, (b) Nungrado, Pyongyang, DPRK. Date of designation: 2.5.2012.’ is replaced by the following:
‘(10)
Green Pine Associated Corporation (aka (a) CHO'NGSONG UNITED TRADING COMPANY; (b) CHONGSONG YONHAP; (c) CH'O'NGSONG YO'NHAP; (d) CHOSUN CHAWO'N KAEBAL T'UJA HOESA; (e) JINDALLAE; (f) KU'MHAERYONG COMPANY LTD; (g) NATURAL RESOURCES DEVELOPMENT AND INVESTMENT CORPORATION; (h) SAEINGP'IL COMPANY). Address: (a) c/o Reconnaissance General Bureau Headquarters, Hyongjesan-Guyok, Pyongyang, North Korea, (b) Nungrado, Pyongyang, DPRK. Other information: Green Pine Associated Corporation (“Green Pine”) has taken over many of the activities of the Korea Mining Development Trading Corporation (KOMID). KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Green Pine is also responsible for approximately half of the arms and related materiel exported by the DPRK. Green Pine has been identified for sanctions for exporting arms or related material from North Korea. Green Pine specializes in the production of maritime military craft and armaments, such as submarines, military boats and missile systems, and has exported torpedoes and technical assistance to Iranian defence-related firms. Date of designation: 2.5.2012.’
(d)
The entry ‘(11) Korea Heungjin Trading Company (aka (a) HUNJIN TRADING CO.; (b) KOREA HENJIN TRADING CO.; (c) KOREA HENGJIN TRADING COMPANY). Address: Pyongyang, DPRK. Date of designation: 2.5.2012.’ is replaced by the following:
‘(11)
Korea Heungjin Trading Company (aka (a) HUNJIN TRADING CO.; (b) KOREA HENJIN TRADING CO.; (c) KOREA HENGJIN TRADING COMPANY). Address: Pyongyang, DPRK. Other information: The Korea Heungjin Trading Company is used by KOMID for trading purposes. Suspected to have been involved in supplying missile-related goods to Iran's Shahid Hemmat Industrial Group (SHIG). Heungjin has been associated with KOMID, and, more specifically, KOMID's procurement office. Heungjin has been used to procure an advanced digital controller with applications in missile design. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. The Security Council designated SHIG in resolution 1737 (2006) as an entity involved in Iran's ballistic missile programme. Date of designation: 2.5.2012.’
(e)
The entry ‘(12) Korean Committee for Space Technology (aka (a) DPRK Committee for Space Technology; (b) Department of Space Technology of the DPRK; (c) Committee for Space Technology; (d) KCST). Address: Pyongyang, DPRK. Date of designation: 22.1.2013.’ is replaced by the following:
‘(12)
Korean Committee for Space Technology (aka (a) DPRK Committee for Space Technology; (b) Department of Space Technology of the DPRK; (c) Committee for Space Technology; (d) KCST). Address: Pyongyang, DPRK. Other information: The Korean Committee for Space Technology (KCST) orchestrated the DPRK's launches on 13 April 2012 and 12 December 2012 via the satellite control centre and Sohae launch area. Date of designation: 22.1.2013.’
(f)
The entry ‘(13) Bank of East Land (aka (a) Dongbang BANK; (b) TONGBANG U'NHAENG; (c) TONGBANG BANK). Address: P.O. Box 32, BEL Building, Jonseung-Dung, Moranbong District, Pyongyang, DPRK. Date of designation: 22.1.2013.’ is replaced by the following:
‘(13)
Bank of East Land (aka (a) Dongbang BANK; (b) TONGBANG U'NHAENG; (c) TONGBANG BANK). Address: P.O. Box 32, BEL Building, Jonseung-Dung, Moranbong District, Pyongyang, DPRK. Other information: DPRK financial institution Bank of East Land facilitates weapons-related transactions for, and other support to, arms manufacturer and exporter Green Pine Associated Corporation (Green Pine). Bank of East Land has actively worked with Green Pine to transfer funds in a manner that circumvents sanctions. In 2007 and 2008, Bank of East Land facilitated transactions involving Green Pine and Iranian financial institutions, including Bank Melli and Bank Sepah. The Security Council designated Bank Sepah in resolution 1747 (2007) for providing support to Iran's ballistic missile program. Green Pine was designated by the Committee in April 2012. Date of designation: 22.1.2013.’
(g)
The entry ‘(14) Korea Kumryong Trading Corporation. Date of designation: 22.1.2013.’ is replaced by the following:
‘(14)
Korea Kumryong Trading Corporation. Other information: Used as an alias by the Korea Mining Development Trading Corporation (KOMID) to carry out procurement activities. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Date of designation: 22.1.2013.’
(h)
The entry ‘(15) Tosong Technology Trading Corporation. Address: Pyongyang, DPRK. Date of designation: 22.1.2013.’ is replaced by the following:
‘(15)
Tosong Technology Trading Corporation. Address: Pyongyang, DPRK. Other information: The Korea Mining Development Corporation (KOMID) is the parent company of Tosong Technology Trading Corporation. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Date of designation: 22.1.2013.’
(i)
The entry ‘(16) Korea Ryonha Machinery Joint Venture Corporation (aka (a) Chosun Yunha Machinery Joint Operation Company; (b) Korea Ryenha Machinery J/V Corporation; (c) Ryonha Machinery Joint Venture Corporation; (d) Ryonha Machinery Corporation; (e) Ryonha Machinery; (f) Ryonha Machine Tool; (g) Ryonha Machine Tool Corporation; (h) Ryonha Machinery Corp; (i) Ryonhwa Machinery Joint Venture Corporation; (j) Ryonhwa Machinery JV; (k) Huichon Ryonha Machinery General Plant; (l) Unsan; (m) Unsan Solid Tools; and (n) Millim Technology Company). Address: (a) Tongan-dong, Central District, Pyongyang, DPRK; (b) Mangungdae-gu, Pyongyang, DPRK; (c) Mangyongdae District, Pyongyang, DPRK. Other information: Email addresses: (a) [email protected]; [email protected]; and (b) [email protected]. Telephone numbers: (a) 850-2-18111; (b) 850-2-18111-8642; and (c) 850-2-18111-381-8642. Facsimile number: 850-2-381-4410. Date of designation: 22.1.2013.’ is replaced by the following:
‘(16)
Korea Ryonha Machinery Joint Venture Corporation (aka (a) Chosun Yunha Machinery Joint Operation Company; (b) Korea Ryenha Machinery J/V Corporation; (c) Ryonha Machinery Joint Venture Corporation; (d) Ryonha Machinery Corporation; (e) Ryonha Machinery; (f) Ryonha Machine Tool; (g) Ryonha Machine Tool Corporation; (h) Ryonha Machinery Corp; (i) Ryonhwa Machinery Joint Venture Corporation; (j) Ryonhwa Machinery JV; (k) Huichon Ryonha Machinery General Plant; (l) Unsan; (m) Unsan Solid Tools; and (n) Millim Technology Company). Address: (a) Tongan-dong, Central District, Pyongyang, DPRK; (b) Mangungdae-gu, Pyongyang, DPRK; (c) Mangyongdae District, Pyongyang, DPRK. Other information: Email addresses: (a) [email protected]; (b) [email protected]; (c) [email protected]. Telephone numbers: (a) 850-2-18111; (b) 850-2-18111-8642; (c) 850-2-18111-381-8642. Facsimile number: 850-2-381-4410. Korea Ryonbong General Corporation is the parent company of Korea Ryonha Machinery Joint Venture Corporation. Korea Ryonbong General Corporation was designated by the Committee in April 2009 and is a defense conglomerate specializing in acquisition for DPRK defense industries and support to that country's military-related sales. Date of designation: 22.1.2013.’
(j)
The entry ‘(17) Leader (Hong Kong) International (aka Leader International Trading Limited). Address: Room 1610 Nan Fung Tower, 173 Des Voeux Road, Hong Kong. Date of designation: 22.1.2013.’ is replaced by the following:
‘(17)
Leader (Hong Kong) International (aka (a) Leader International Trading Limited; (b) Leader (Hong Kong) International Trading Limited). Address: LM-873, RM B, 14/F, Wah Hen Commercial Centre, 383 Hennessy Road, Wanchai, Hong Kong, China. Other information: (a) Hong Kong company registration number 1177053; (b) Facilitates shipments on behalf of the Korea Mining Development Trading Corporation (KOMID). KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Date of designation: 22.1.2013.’
(k)
The entry ‘(18) Second Academy of Natural Sciences (aka (a) 2nd Academy of Natural Sciences; (b) Che 2 Chayon Kwahakwon; (c) Academy of Natural Sciences; (d) Chayon Kwahak-Won; National Defense Academy; (e) Kukpang Kwahak-Won; (f) Second Academy of Natural Sciences Research Institute; (g) Sansri). Address: Pyongyang, DPRK. Date of designation: 7.3.2013.’ is replaced by the following:
‘(18)
Second Academy of Natural Sciences (aka (a) 2nd Academy of Natural Sciences; (b) Che 2 Chayon Kwahakwon; (c) Academy of Natural Sciences; (d) Chayon Kwahak-Won; (e) National Defense Academy; (f) Kukpang Kwahak-Won; (g) Second Academy of Natural Sciences Research Institute; (h) Sansri). Address: Pyongyang, DPRK. Other information: The Second Academy of Natural Sciences is a national-level organization responsible for research and development of the DPRK's advanced weapons systems, including missiles and probably nuclear weapons. The Second Academy of Natural Sciences uses a number of subordinate organizations to obtain technology, equipment, and information from overseas, including Tangun Trading Corporation, for use in the DPRK's missile and probably nuclear weapons programs. Tangun Trading Corporation was designated by the Committee in July 2009 and is primarily responsible for the procurement of commodities and technologies to support DPRK's defense research and development programs, including, but not limited to, weapons of mass destruction and delivery system programs and procurement, including materials that are controlled or prohibited under relevant multilateral control regimes. Date of designation: 7.3.2013.’
(l)
The entry ‘(19) Korea Complex Equipment Import Corporation. Other information: Korea Ryonbong General Corporation is the parent company of Korea Complex Equipment Import Corporation. Location: Rakwon-dong, Pothonggang District, Pyongyang, DPRK. Date of designation: 7.3.2013.’ is replaced by the following:
‘(19)
Korea Complex Equipment Import Corporation. Address: Rakwon-dong, Pothonggang District, Pyongyang, DPRK. Other information: Korea Ryonbong General Corporation is the parent company of Korea Complex Equipment Import Corporation and is a defense conglomerate specializing in acquisition for DPRK defense industries and support to that country's military-related sales. Date of designation: 7.3.2013.’
ANNEX II
Annex V to Regulation (EC) No 329/2007 is amended as follows:
The following entry under the heading ‘A. Natural persons referred to in Article 6(2)(a)’ is deleted:
Name (and possible aliases)
Identifying information
Reasons
‘1.
JON Pyong-ho
Year of birth: 1926
Secretary of the Central Committee of the Korean Workers' Party, Head of the Central Committee's Military Supplies Industry Department controlling the Second Economic Committee of the Central Committee, member of the National Defence Commission.’ |
4.3.2014
EN
Official Journal of the European Union
L 62/8
COMMISSION IMPLEMENTING REGULATION (EU) No 200/2014
of 3 March 2014
amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance triptorelin acetate
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
Whereas:
(1)
The maximum residue limit (‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is to be established in accordance with Regulation (EC) No 470/2009.
(2)
Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 (2).
(3)
An application for the establishment of maximum residue limits for triptorelin acetate in porcine species has been submitted to the European Medicines Agency.
(4)
The Committee for Medicinal Products for Veterinary Use recommended that there is no need to establish an MRL for triptorelin acetate in porcine species.
(5)
In accordance with Article 5 of Regulation (EC) No 470/2009 the European Medicines Agency is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.
(6)
The CVMP recommended the extrapolation of the evaluation results for triptorelin acetate from porcine species to all food producing species.
(7)
Regulation (EU) No 37/2010 should therefore be amended to include the substance triptorelin acetate for all food producing species, while establishing the absence of the need to establish an MRL.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 152, 16.6.2009, p. 11.
(2) Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).
ANNEX
In Table 1 of the Annex to Regulation (EU) No 37/2010, the following substance is inserted in alphabetical order:
Pharmacologically active Substance
Marker residue
Animal Species
MRL
Target Tissues
Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)
Therapeutic classification
‘Triptorelin acetate
NOT APPLICABLE
All food producing species
No MRL required
NOT APPLICABLE
NO ENTRY
Agents acting on the reproductive system’ |
25.4.2014
EN
Official Journal of the European Union
L 124/1
DIRECTIVE 2014/52/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment
(Text with EEA relevance)
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),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1)
Directive 2011/92/EU of the European Parliament and of the Council (4) has harmonised the principles for the environmental impact assessment of projects by introducing minimum requirements, with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public, and it contributes to a high level of protection of the environment and human health. Member States are free to lay down more stringent protective measures in accordance with the Treaty on the Functioning of the European Union (TFEU).
(2)
The Commission Communication of 30 April 2007, entitled ‘The mid-term review of the sixth Community Environment Action Programme’ and the Report from the Commission of 23 July 2009 on the application and effectiveness of Council Directive 85/337/EEC (5), the predecessor to Directive 2011/92/EU, stressed the need to improve the principles of environmental impact assessment of projects, and to adapt Directive 85/337/EEC to the policy, legal and technical context, which has evolved considerably.
(3)
It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental impact assessment procedure, align that procedure with the principles of smart regulation and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence.
(4)
In order to coordinate and facilitate the assessment procedures for cross-border projects, and, in particular, to conduct consultations in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context of 25 February 1991 (Espoo-Convention), the Member States concerned may set up, on the basis of equal representation, a joint body.
(5)
The mechanisms set out in Regulations (EU) No 347/2013 (6), (EU) No 1315/2013 (7) and (EU) No 1316/2013 (8) of the European Parliament and of the Council, which are relevant for Union co-financed infrastructure projects, may also facilitate the implementation of the requirements of Directive 2011/92/EU.
(6)
Directive 2011/92/EU should also be revised in a way that ensures that environmental protection is improved, resource efficiency increased and sustainable growth supported in the Union. To this end, the procedures it lays down should be simplified and harmonised.
(7)
Over the last decade, environmental issues, such as resource efficiency and sustainability, biodiversity protection, climate change, and risks of accidents and disasters, have become more important in policy making. They should therefore also constitute important elements in assessment and decision-making processes.
(8)
In its Communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency and sustainability considerations in the context of the revision of Directive 2011/92/EU.
(9)
The Commission Communication of 22 September 2006 entitled ‘Thematic Strategy for Soil Protection’ and the Roadmap to a Resource-Efficient Europe underline the importance of the sustainable use of soil and the need to address the unsustainable increase of settlement areas over time (‘land take’). Furthermore, the final document of the United Nations Conference on Sustainable Development held in Rio de Janeiro on 20-22 June 2012 recognises the economic and social significance of good land management, including soil, and the need for urgent action to reverse land degradation. Public and private projects should therefore consider and limit their impact on land, particularly as regards land take, and on soil, including as regards organic matter, erosion, compaction and sealing; appropriate land use plans and policies at national, regional and local level are also relevant in this regard.
(10)
The United Nations Convention on Biological Diversity (‘the Convention’), to which the Union is party pursuant to Council Decision 93/626/EEC (9), requires assessment, as far as possible and as appropriate, of the significant adverse effects of projects on biological diversity, which is defined in Article 2 of the Convention, with a view to avoiding or minimising such effects. Such prior assessment of those effects should contribute to attaining the Union headline target adopted by the European Council in its conclusions of 25-26 March 2010 of halting biodiversity loss and the degradation of ecosystem services by 2020 and restoring them where feasible.
(11)
The measures taken to avoid, prevent, reduce and, if possible, offset significant adverse effects on the environment, in particular on species and habitats protected under Council Directive 92/43/EEC (10) and Directive 2009/147/EC of the European Parliament and of the Council (11), should contribute to avoiding any deterioration in the quality of the environment and any net loss of biodiversity, in accordance with the Union's commitments in the context of the Convention and the objectives and actions of the Union Biodiversity Strategy up to 2020 laid down in the Commission Communication of 3 May 2011 entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’.
(12)
With a view to ensuring a high level of protection of the marine environment, especially species and habitats, environmental impact assessment and screening procedures for projects in the marine environment should take into account the characteristics of those projects with particular regard to the technologies used (for example seismic surveys using active sonars). For this purpose, the requirements of Directive 2013/30/EU of the European Parliament and of the Council (12) could also facilitate the implementation of the requirements of this Directive.
(13)
Climate change will continue to cause damage to the environment and compromise economic development. In this regard, it is appropriate to assess the impact of projects on climate (for example greenhouse gas emissions) and their vulnerability to climate change.
(14)
Following the Commission Communication of 23 February 2009 entitled ‘A Community approach on the prevention of natural and man-made disasters’, the Council, in its conclusions of 30 November 2009, invited the Commission to ensure that the implementation, review and further development of Union initiatives, take into consideration disaster risk prevention and management concerns as well as the United Nations Hyogo Framework for Action Programme (2005-2015) adopted on 22 January 2005, which stresses the need to put in place procedures for assessment of the disaster risk implications of major infrastructure projects.
(15)
In order to ensure a high level of protection of the environment, precautionary actions need to be taken for certain projects which, because of their vulnerability to major accidents, and/or natural disasters (such as flooding, sea level rise, or earthquakes) are likely to have significant adverse effects on the environment. For such projects, it is important to consider their vulnerability (exposure and resilience) to major accidents and/or disasters, the risk of those accidents and/or disasters occurring and the implications for the likelihood of significant adverse effects on the environment. In order to avoid duplications, it should be possible to use any relevant information available and obtained through risk assessments carried out pursuant to Union legislation, such as Directive 2012/18/EU of the European Parliament and the Council (13) and Council Directive 2009/71/Euratom (14), or through relevant assessments carried out pursuant to national legislation provided that the requirements of this Directive are met.
(16)
For the protection and promotion of cultural heritage comprising urban historical sites and landscapes, which are an integral part of the cultural diversity that the Union is committed to respecting and promoting in accordance with Article 167(4) TFEU, the definitions and principles developed in relevant Council of Europe Conventions, in particular the European Convention for the Protection of the Archaeological Heritage of 6 May 1969, the Convention for the Protection of the Architectural Heritage of Europe of 3 October 1985, the European Landscape Convention of 20 October 2000, the Framework Convention on the Value of Cultural Heritage for Society of 27 October 2005 can be useful. In order to better preserve historical and cultural heritage and the landscape, it is important to address the visual impact of projects, namely the change in the appearance or view of the built or natural landscape and urban areas, in environmental impact assessments.
(17)
When applying Directive 2011/92/EU, it is necessary to ensure smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication of 3 March 2010 entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’.
(18)
With a view to strengthening public access to information and transparency, timely environmental information with regard to the implementation of this Directive should also be accessible in electronic format. Member States should therefore establish at least a central portal or points of access, at the appropriate administrative level, that allow the public to access that information easily and effectively.
(19)
Experience has shown that in cases of projects, or parts of projects, serving defence purposes, including projects related to activities by allied forces on the territory of Member States in accordance with international obligations, the application of Directive 2011/92/EU could result in the disclosure of relevant confidential information which would undermine defence purposes. Provision should therefore be made to authorise Member States not to apply that Directive in such cases, where appropriate.
(20)
Experience has shown that, as regards projects having as their sole purpose the response to cases of civil emergency, compliance with Directive 2011/92/EU could have adverse effects, inter alia, on the environment, and provision should therefore be made to authorise Member States not to apply that Directive in such cases, where appropriate.
(21)
Member States have several options for implementing Directive 2011/92/EU as regards the integration of environmental impact assessments into national procedures. Accordingly, the elements of those national procedures can vary. Due to this fact, the reasoned conclusion by which the competent authority finalises its examination of the environmental impact of the project may be part of an integrated development consent procedure or may be incorporated in another binding decision required in order to comply with the aims of this Directive.
(22)
In order to ensure a high level of protection of the environment and human health, screening procedures and environmental impact assessments should take account of the impact of the whole project in question, including, where relevant, its subsurface and underground, during the construction, operational and, where relevant, demolition phases.
(23)
With a view to reaching a complete assessment of the direct and indirect effects of a project on the environment, the competent authority should undertake an analysis by examining the substance of the information provided by the developer and received through consultations, as well as considering any supplementary information, where appropriate.
(24)
In the case of projects adopted by a specific act of national legislation, Member States should ensure that the objectives of this Directive relating to public consultation are achieved through the legislative process.
(25)
The objectivity of the competent authorities should be ensured. Conflicts of interest could be prevented by, inter alia, a functional separation of the competent authority from the developer. In cases where the competent authority is also the developer, Member States should at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions of those authorities performing the duties arising from Directive 2011/92/EU.
(26)
In order to enable the competent authority to determine whether projects listed in Annex II to Directive 2011/92/EU, their changes or extensions, are to be subject to an environmental impact assessment (screening procedure), the information which the developer is required to supply should be specified, focussing on the key aspects that allow the competent authority to make its determination. That determination should be made available to the public.
(27)
The screening procedure should ensure that an environmental impact assessment is only required for projects likely to have significant effects on the environment.
(28)
The selection criteria laid down in Annex III to Directive 2011/92/EU, which are to be taken into account by the Member States in order to determine which projects are to be subject to environmental impact assessment on the basis of their significant effects on the environment, should be adapted and clarified. For instance, experience has shown that projects using or affecting valuable resources, projects proposed for environmentally sensitive locations, or projects with potentially hazardous or irreversible effects are often likely to have significant effects on the environment.
(29)
When determining whether significant effects on the environment are likely to be caused by a project, the competent authorities should identify the most relevant criteria to be considered and should take into account information that could be available following other assessments required by Union legislation in order to apply the screening procedure effectively and transparently. In this regard, it is appropriate to specify the content of the screening determination, in particular where no environmental impact assessment is required. Moreover, taking into account unsolicited comments that might have been received from other sources, such as members of the public or public authorities, even though no formal consultation is required at the screening stage, constitutes good administrative practice.
(30)
In order to improve the quality of an environmental impact assessment, to simplify the procedures and to streamline the decision-making process, the competent authority should, where requested by the developer, issue an opinion on the scope and level of detail of the environmental information to be submitted in the form of an environmental impact assessment report (‘scoping’).
(31)
The environmental impact assessment report to be provided by the developer for a project should include a description of reasonable alternatives studied by the developer which are relevant to that project, including, as appropriate, an outline of the likely evolution of the current state of the environment without implementation of the project (baseline scenario), as a means of improving the quality of the environmental impact assessment process and of allowing environmental considerations to be integrated at an early stage in the project's design.
(32)
Data and information included by the developer in the environmental impact assessment report, in accordance with Annex IV to Directive 2011/92/EU, should be complete and of sufficiently high quality. With a view to avoiding duplication of assessments, the results of other assessments under Union legislation, such as Directive 2001/42/EC of the European Parliament and the Council (15) or Directive 2009/71/Euratom, or national legislation should, where relevant and available, be taken into account.
(33)
Experts involved in the preparation of environmental impact assessment reports should be qualified and competent. Sufficient expertise, in the relevant field of the project concerned, is required for the purpose of its examination by the competent authorities in order to ensure that the information provided by the developer is complete and of a high level of quality.
(34)
With a view to ensuring transparency and accountability, the competent authority should be required to substantiate its decision to grant development consent in respect of a project, indicating that it has taken into consideration the results of the consultations carried out and the relevant information gathered.
(35)
Member States should ensure that mitigation and compensation measures are implemented, and that appropriate procedures are determined regarding the monitoring of significant adverse effects on the environment resulting from the construction and operation of a project, inter alia, to identify unforeseen significant adverse effects, in order to be able to undertake appropriate remedial action. Such monitoring should not duplicate or add to monitoring required pursuant to Union legislation other than this Directive and to national legislation.
(36)
In order to stimulate more efficient decision-making and increase legal certainty, Member States should ensure that the various steps of the environmental impact assessment of projects are carried out within a reasonable period of time, depending on the nature, complexity, location and size of the project. Such time-frames should, under no circumstances, compromise the achievement of high standards for the protection of the environment, particularly those resulting from Union legislation on the environment other than this Directive, and effective public participation and access to justice.
(37)
In order to improve the effectiveness of the assessments, reduce administrative complexity and increase economic efficiency, where the obligation to carry out assessments related to environmental issues arises simultaneously from this Directive and Directive 92/43/EEC and/or Directive 2009/147/EC, Member States should ensure that coordinated and/or joint procedures fulfilling the requirements of these Directives are provided, where appropriate and taking into account their specific organisational characteristics. Where the obligation to carry out assessments related to environmental issues arises simultaneously from this Directive and from other Union legislation, such as Directive 2000/60/EC of the European Parliament and of the Council (16), Directive 2001/42/EC, Directive 2008/98/EC of the European Parliament and of the Council (17), Directive 2010/75/EU of the European Parliament and of the Council (18) and Directive 2012/18/EU, Member States should be able to provide for coordinated and/or joint procedures fulfilling the requirements of the relevant Union legislation. Where coordinated or joint procedures are set up, Member States should designate an authority responsible for performing the corresponding duties. Taking into account institutional structures, Member States should be able to, where they deem it necessary, designate more than one authority.
(38)
Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. Member States should be free to decide the kind or form of those penalties. The penalties thus provided for should be effective, proportionate and dissuasive.
(39)
In accordance with the principles of legal certainty and proportionality and in order to ensure that the transition from the existing regime, laid down in Directive 2011/92/EU, to the new regime that will result from the amendments contained in this Directive is as smooth as possible, it is appropriate to lay down transitional measures. Those measures should ensure that the regulatory environment in relation to an environmental impact assessment is not altered, with regard to a particular developer, where any procedural steps have already been initiated under the existing regime and a development consent or another binding decision required in order to comply with the aims of this Directive has not yet been granted to the project. Accordingly, the related provisions of Directive 2011/92/EU prior to its amendment by this Directive should apply to projects for which the screening procedure has been initiated, the scoping procedure has been initiated, (where scoping was requested by the developer or required by the competent authority) or the environmental impact assessment report is submitted before the time-limit for transposition.
(40)
In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents (19), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.
(41)
Since the objective of this Directive, namely to ensure a high level of protection of the environment and of human health, through the establishment of minimum requirements for the environmental impact assessment of projects, cannot be sufficiently achieved by the Member States but can rather, by reason of the scope, seriousness and transboundary nature of the environmental issues to be addressed, 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 Directive does not go beyond what is necessary in order to achieve that objective.
(42)
Directive 2011/92/EU should therefore be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 2011/92/EU is amended as follows:
(1)
Article 1 is amended as follows:
(a)
in paragraph 2, the following definition is added:
‘(g)
“environmental impact assessment” means a process consisting of:
(i)
the preparation of an environmental impact assessment report by the developer, as referred to in Article 5(1) and (2);
(ii)
the carrying out of consultations as referred to in Article 6 and, where relevant, Article 7;
(iii)
the examination by the competent authority of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, by the developer in accordance with Article 5(3), and any relevant information received through the consultations under Articles 6 and 7;
(iv)
the reasoned conclusion by the competent authority on the significant effects of the project on the environment, taking into account the results of the examination referred to in point (iii) and, where appropriate, its own supplementary examination; and
(v)
the integration of the competent authority's reasoned conclusion into any of the decisions referred to in Article 8a.’;
(b)
paragraph 3 is replaced by the following:
‘3. Member States may decide, on a case-by-case basis and if so provided under national law, not to apply this Directive to projects, or parts of projects, having defence as their sole purpose, or to projects having the response to civil emergencies as their sole purpose, if they deem that such application would have an adverse effect on those purposes.’;
(c)
paragraph 4 is deleted;
(2)
Article 2 is amended as follows:
(a)
paragraphs 1 to 3 are replaced by the following:
‘1. Member States shall adopt all measures necessary to ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects on the environment. Those projects are defined in Article 4.
2. The environmental impact assessment may be integrated into the existing procedures for development consent to projects in the Member States, or, failing this, into other procedures or into procedures to be established to comply with the aims of this Directive.
3. In the case of projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and from Council Directive 92/43/EEC (20) and/or Directive 2009/147/EC of the European Parliament and the Council (21), Member States shall, where appropriate, ensure that coordinated and/or joint procedures fulfilling the requirements of that Union legislation are provided for.
In the case of projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and Union legislation other than the Directives listed in the first subparagraph, Member States may provide for coordinated and/or joint procedures.
Under the coordinated procedure referred to in the first and second subparagraphs, Member States shall endeavour to coordinate the various individual assessments of the environmental impact of a particular project, required by the relevant Union legislation, by designating an authority for this purpose, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
Under the joint procedure referred to in the first and second subparagraphs, Member States shall endeavour to provide for a single assessment of the environmental impact of a particular project required by the relevant Union legislation, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
The Commission shall provide guidance regarding the setting up of any coordinated or joint procedures for projects that are simultaneously subject to assessments under this Directive and Directives 92/43/EEC, 2000/60/EC, 2009/147/EC or 2010/75/EU.
(20) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)."
(21) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).’;"
(b)
in paragraph 4, the first subparagraph is replaced by the following:
‘4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt a specific project from the provisions laid down in this Directive, where the application of those provisions would result in adversely affecting the purpose of the project, provided the objectives of this Directive are met.’;
(c)
the following paragraph is added:
‘5. Without prejudice to Article 7, in cases where a project is adopted by a specific act of national legislation, Member States may exempt that project from the provisions relating to public consultation laid down in this Directive, provided the objectives of this Directive are met.
Member States shall inform the Commission of any application of the exemption referred to in the first subparagraph every two years from 16 May 2017.’;
(3)
Article 3 is replaced by the following:
‘Article 3
1. The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of a project on the following factors:
(a)
population and human health;
(b)
biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC;
(c)
land, soil, water, air and climate;
(d)
material assets, cultural heritage and the landscape;
(e)
the interaction between the factors referred to in points (a) to (d).
2. The effects referred to in paragraph 1 on the factors set out therein shall include the expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.’;
(4)
Article 4 is amended as follows:
(a)
paragraphs 3 and 4 are replaced by the following:
‘3. Where a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the relevant selection criteria set out in Annex III shall be taken into account. Member States may set thresholds or criteria to determine when projects need not undergo either the determination under paragraphs 4 and 5 or an environmental impact assessment, and/or thresholds or criteria to determine when projects shall in any case be made subject to an environmental impact assessment without undergoing a determination set out under paragraphs 4 and 5.
4. Where Member States decide to require a determination for projects listed in Annex II, the developer shall provide information on the characteristics of the project and its likely significant effects on the environment. The detailed list of information to be provided is specified in Annex IIA. The developer shall take into account, where relevant, the available results of other relevant assessments of the effects on the environment carried out pursuant to Union legislation other than this Directive. The developer may also provide a description of any features of the project and/or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.’;
(b)
the following paragraphs are added:
‘5. The competent authority shall make its determination, on the basis of the information provided by the developer in accordance with paragraph 4 taking into account, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to Union legislation other than this Directive. The determination shall be made available to the public and:
(a)
where it is decided that an environmental impact assessment is required, state the main reasons for requiring such assessment with reference to the relevant criteria listed in Annex III; or
(b)
where it is decided that an environmental impact assessment is not required, state the main reasons for not requiring such assessment with reference to the relevant criteria listed in Annex III, and, where proposed by the developer, state any features of the project and/or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
6. Member States shall ensure that the competent authority makes its determination as soon as possible and within a period of time not exceeding 90 days from the date on which the developer has submitted all the information required pursuant to paragraph 4. In exceptional cases, for instance relating to the nature, complexity, location or size of the project, the competent authority may extend that deadline to make its determination; in that event, the competent authority shall inform the developer in writing of the reasons justifying the extension and of the date when its determination is expected.’;
(5)
in Article 5, paragraphs 1 to 3 are replaced by the following:
‘1. Where an environmental impact assessment is required, the developer shall prepare and submit an environmental impact assessment report. The information to be provided by the developer shall include at least:
(a)
a description of the project comprising information on the site, design, size and other relevant features of the project;
(b)
a description of the likely significant effects of the project on the environment;
(c)
a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;
(d)
a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;
(e)
a non-technical summary of the information referred to in points (a) to (d); and
(f)
any additional information specified in Annex IV relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected.
Where an opinion is issued pursuant to paragraph 2, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment. The developer shall, with a view to avoiding duplication of assessments, take into account the available results of other relevant assessments under Union or national legislation, in preparing the environmental impact assessment report.
2. Where requested by the developer, the competent authority, taking into account the information provided by the developer in particular on the specific characteristics of the project, including its location and technical capacity, and its likely impact on the environment, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report in accordance with paragraph 1 of this Article. The competent authority shall consult the authorities referred to in Article 6(1) before it gives its opinion.
Member States may also require the competent authorities to give an opinion as referred to in the first subparagraph, irrespective of whether the developer so requests.
3. In order to ensure the completeness and quality of the environmental impact assessment report:
(a)
the developer shall ensure that the environmental impact assessment report is prepared by competent experts;
(b)
the competent authority shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report; and
(c)
where necessary, the competent authority shall seek from the developer supplementary information, in accordance with Annex IV, which is directly relevant to reaching the reasoned conclusion on the significant effects of the project on the environment.’;
(6)
Article 6 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent, taking into account, where appropriate, the cases referred to in Article 8a(3). To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States.’;
(b)
in paragraph 2, the introductory part is replaced by the following:
‘2. In order to ensure the effective participation of the public concerned in the decision-making procedures, the public shall be informed electronically and by public notices or by other appropriate means, of the following matters early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided:’;
(c)
paragraph 5 is replaced by the following:
‘5. The detailed arrangements for informing the public, for example by bill posting within a certain radius or publication in local newspapers, and for consulting the public concerned, for example by written submissions or by way of a public inquiry, shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is electronically accessible to the public, through at least a central portal or easily accessible points of access, at the appropriate administrative level.’;
(d)
paragraph 6 is replaced by the following:
‘6. Reasonable time-frames for the different phases shall be provided for, allowing sufficient time for:
(a)
informing the authorities referred to in paragraph 1 and the public; and
(b)
the authorities referred to in paragraph 1 and the public concerned to prepare and participate effectively in the environmental decision-making, subject to the provisions of this Article.’;
(e)
the following paragraph is added:
‘7. The time-frames for consulting the public concerned on the environmental impact assessment report referred to in Article 5(1) shall not be shorter than 30 days.’;
(7)
Article 7 is amended as follows:
(a)
paragraph 4 is replaced by the following:
‘4. The Member States concerned shall enter into consultations regarding, inter alia, the potential transboundary effects of the project and the measures envisaged to reduce or eliminate such effects and shall agree on a reasonable time- frame for the duration of the consultation period.
Such consultations may be conducted through an appropriate joint body.’;
(b)
paragraph 5 is replaced by the following:
‘5. The detailed arrangements for implementing paragraphs 1 to 4 of this Article, including the establishment of time-frames for consultations, shall be determined by the Member States concerned, on the basis of the arrangements and time-frames referred to in Article 6(5) to (7), and shall be such as to enable the public concerned in the territory of the affected Member State to participate effectively in the environmental decision-making procedures referred to in Article 2(2) for the project.’;
(8)
Article 8 is replaced by the following:
‘Article 8
The results of consultations and the information gathered pursuant to Articles 5 to 7 shall be duly taken into account in the development consent procedure.’;
(9)
the following Article is inserted:
‘Article 8a
1. The decision to grant development consent shall incorporate at least the following information:
(a)
the reasoned conclusion referred to in Article 1(2)(g)(iv);
(b)
any environmental conditions attached to the decision, a description of any features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment as well as, where appropriate, monitoring measures.
2. The decision to refuse development consent shall state the main reasons for the refusal.
3. In the event Member States make use of the procedures referred to in Article 2(2) other than the procedures for development consent, the requirements of paragraphs 1 and 2 of this Article, as appropriate, shall be deemed to be fulfilled when any decision issued in the context of those procedures contains the information referred to in those paragraphs and there are mechanisms in place which enable the fulfilment of the requirements of paragraph 6 of this Article.
4. In accordance with the requirements referred to in paragraph 1(b), Member States shall ensure that the features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment are implemented by the developer, and shall determine the procedures regarding the monitoring of significant adverse effects on the environment.
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the project and the significance of its effects on the environment.
Existing monitoring arrangements resulting from Union legislation other than this Directive and from national legislation may be used if appropriate, with a view to avoiding duplication of monitoring.
5. Member States shall ensure that the competent authority takes any of the decisions referred to in paragraphs 1 to 3 within a reasonable period of time.
6. The competent authority shall be satisfied that the reasoned conclusion referred to in Article 1(2)(g)(iv), or any of the decisions referred to in paragraph 3 of this Article, is still up to date when taking a decision to grant development consent. To that effect, Member States may set time-frames for the validity of the reasoned conclusion referred to in Article 1(2)(g)(iv) or any of the decisions referred to in paragraph 3 of this Article.’;
(10)
in Article 9, paragraph 1 is replaced by the following:
‘1. When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall promptly inform the public and the authorities referred to in Article 6(1) thereof, in accordance with the national procedures, and shall ensure that the following information is available to the public and to the authorities referred to in Article 6(1), taking into account, where appropriate, the cases referred to in Article 8a(3):
(a)
the content of the decision and any conditions attached thereto as referred to in Article 8a(1) and (2);
(b)
the main reasons and considerations on which the decision is based, including information about the public participation process. This also includes the summary of the results of the consultations and the information gathered pursuant to Articles 5 to 7 and how those results have been incorporated or otherwise addressed, in particular the comments received from the affected Member State referred to in Article 7.’;
(11)
the following Article is inserted:
‘Article 9a
Member States shall ensure that the competent authority or authorities perform the duties arising from this Directive in an objective manner and do not find themselves in a situation giving rise to a conflict of interest.
Where the competent authority is also the developer, Member States shall at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions when performing the duties arising from this Directive.’;
(12)
in Article 10, the first paragraph is replaced by the following:
‘Without prejudice to Directive 2003/4/EC, the provisions of this Directive shall not affect the obligation on the competent authorities to respect the limitations imposed by national laws, regulations and administrative provisions, and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest.’;
(13)
the following Article is inserted:
‘Article 10a
Member States shall lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive.’;
(14)
in Article 12, paragraph 2 is replaced by the following:
‘2. In particular, every six years from 16 May 2017 Member States shall inform the Commission, where such data are available, of:
(a)
the number of projects referred to in Annexes I and II made subject to an environmental impact assessment in accordance with Articles 5 to 10;
(b)
the breakdown of environmental impact assessments according to the project categories set out in Annexes I and II;
(c)
the number of projects referred to in Annex II made subject to a determination in accordance with Article 4(2);
(d)
the average duration of the environmental impact assessment process;
(e)
general estimates on the average direct costs of environmental impact assessments, including the impact from the application of this Directive to SMEs.’;
(15)
the Annexes to Directive 2011/92/EU are amended as set out in the Annex to this Directive.
Article 2
1. Without prejudice to Article 3, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 16 May 2017.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
1. Projects in respect of which the determination referred to in Article 4(2) of Directive 2011/92/EU was initiated before 16 May 2017 shall be subject to the obligations referred to in Article 4 of Directive 2011/92/EU prior to its amendment by this Directive.
2. Projects shall be subject to the obligations referred to in Article 3 and Articles 5 to 11 of Directive 2011/92/EU prior to its amendment by this Directive where, before 16 May 2017:
(a)
the procedure regarding the opinion referred to in Article 5(2) of Directive 2011/92/EU was initiated; or
(b)
the information referred to in Article 5(1) of Directive 2011/92/EU was provided.
Article 4
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Strasbourg, 16 April 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 133, 9.5.2013, p. 33.
(2) OJ C 218, 30.7.2013, p. 42.
(3) Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and decision of the Council of 14 April 2014.
(4) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
(5) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p. 40).
(6) Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39).
(7) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
(8) Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
(9) Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (OJ L 309, 13.12.1993, p. 1).
(10) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7).
(11) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
(12) Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66).
(13) Directive 2012/18/EU of the European Parliament and the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).
(14) Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).
(15) Directive 2001/42/EC of the European Parliament and the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
(16) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
(17) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(18) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
(19) OJ C 369, 17.12.2011, p. 14.
ANNEX
(1)
The following Annex is inserted:
‘ANNEX II.A
INFORMATION REFERRED TO IN ARTICLE 4(4)
(INFORMATION TO BE PROVIDED BY THE DEVELOPER ON THE PROJECTS LISTED IN ANNEX II)
1.
A description of the project, including in particular:
(a)
a description of the physical characteristics of the whole project and, where relevant, of demolition works;
(b)
a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.
2.
A description of the aspects of the environment likely to be significantly affected by the project.
3.
A description of any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from:
(a)
the expected residues and emissions and the production of waste, where relevant;
(b)
the use of natural resources, in particular soil, land, water and biodiversity.
4.
The criteria of Annex III shall be taken into account, where relevant, when compiling the information in accordance with points 1 to 3.’;
(2)
Annexes III and IV are replaced by the following:
‘ANNEX III
SELECTION CRITERIA REFERRED TO IN ARTICLE 4(3)
(CRITERIA TO DETERMINE WHETHER THE PROJECTS LISTED IN ANNEX II SHOULD BE SUBJECT TO AN ENVIRONMENTAL IMPACT ASSESSMENT)
1. Characteristics of projects
The characteristics of projects must be considered, with particular regard to:
(a)
the size and design of the whole project;
(b)
cumulation with other existing and/or approved projects;
(c)
the use of natural resources, in particular land, soil, water and biodiversity;
(d)
the production of waste;
(e)
pollution and nuisances;
(f)
the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;
(g)
the risks to human health (for example due to water contamination or air pollution).
2. Location of projects
The environmental sensitivity of geographical areas likely to be affected by projects must be considered, with particular regard to:
(a)
the existing and approved land use;
(b)
the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;
(c)
the absorption capacity of the natural environment, paying particular attention to the following areas:
(i)
wetlands, riparian areas, river mouths;
(ii)
coastal zones and the marine environment;
(iii)
mountain and forest areas;
(iv)
nature reserves and parks;
(v)
areas classified or protected under national legislation; Natura 2000 areas designated by Member States pursuant to Directive 92/43/EEC and Directive 2009/147/EC;
(vi)
areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure;
(vii)
densely populated areas;
(viii)
landscapes and sites of historical, cultural or archaeological significance.
3. Type and characteristics of the potential impact
The likely significant effects of projects on the environment must be considered in relation to criteria set out in points 1 and 2 of this Annex, with regard to the impact of the project on the factors specified in Article 3(1), taking into account:
(a)
the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);
(b)
the nature of the impact;
(c)
the transboundary nature of the impact;
(d)
the intensity and complexity of the impact;
(e)
the probability of the impact;
(f)
the expected onset, duration, frequency and reversibility of the impact;
(g)
the cumulation of the impact with the impact of other existing and/or approved projects;
(h)
the possibility of effectively reducing the impact.
ANNEX IV
INFORMATION REFERRED TO IN ARTICLE 5(1)
(INFORMATION FOR THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT)
1.
Description of the project, including in particular:
(a)
a description of the location of the project;
(b)
a description of the physical characteristics of the whole project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;
(c)
a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;
(d)
an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.
2.
A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the developer, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.
3.
A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.
4.
A description of the factors specified in Article 3(1) likely to be significantly affected by the project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.
5.
A description of the likely significant effects of the project on the environment resulting from, inter alia:
(a)
the construction and existence of the project, including, where relevant, demolition works;
(b)
the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;
(c)
the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;
(d)
the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);
(e)
the cumulation of effects with other existing and/or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;
(f)
the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;
(g)
the technologies and the substances used.
The description of the likely significant effects on the factors specified in Article 3(1) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at Union or Member State level which are relevant to the project.
6.
A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.
7.
A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.
8.
A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the project to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to Union legislation such as Directive 2012/18/EU of the European Parliament and of the Council (1) or Council Directive 2009/71/Euratom (2) or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of this Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.
9.
A non-technical summary of the information provided under points 1 to 8.
10.
A reference list detailing the sources used for the descriptions and assessments included in the report.
(1) Directive 2012/18/EU of the European Parliament and the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1)."
(2) Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).’." |
21.10.2014
EN
Official Journal of the European Union
L 301/29
COUNCIL DECISION 2014/726/CFSP
of 20 October 2014
amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 22 July 2014 the Council adopted Decision 2014/485/CFSP (1) amending Decision 2012/389/CFSP (2) and extending the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) until 12 December 2016.
(2)
Decision 2012/389/CFSP should be amended to extend the period covered by the financial reference amount until 15 October 2015,
HAS ADOPTED THIS DECISION:
Article 1
Article 13(1) of Decision 2012/389/CFSP is replaced as follows:
‘1. The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 July 2012 to 15 November 2013 shall be EUR 22 880 000.
The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 November 2013 to 15 October 2014 shall be EUR 11 950 000.
The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 October 2014 to 15 October 2015 shall be EUR 17 900 000.’
Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 16 October 2014.
Done at Luxembourg, 20 October 2014.
For the Council
The President
C. ASHTON
(1) Council Decision 2014/485/CFSP of 22 July 2014 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 217, 23.7.2014, p. 39).
(2) Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 187, 17.7.2012, p. 40). |
26.4.2014
EN
Official Journal of the European Union
L 125/16
COUNCIL DECISION
of 27 October 2009
on the signing of the Framework Agreement on comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part
(2014/229/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 181 in conjunction with Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
On 25 November 2004, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation, hereinafter referred to as ‘the Agreement’, with the Republic of Indonesia.
(2)
Subject to its possible conclusion at a later date, the Agreement should be signed,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Framework Agreement on comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community.
Done at Luxembourg, 27 October 2009.
For the Council
The President
C. BILDT |
30.9.2014
EN
Official Journal of the European Union
L 284/49
COUNCIL DECISION
of 25 September 2014
appointing nine Greek members and twelve Greek alternate members of the Committee of the Regions
(2014/684/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the GreekGovernment,
Whereas:
(1)
On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. On 9 April 2010, by Council Decision 2010/217/EU (3) Mr Dimitrios MARAVELIAS was appointed alternate member until 25 January 2015. On 21 March 2011, by Council Decision 2011/191/EU (4) Mr Ioannis BOUTARIS, Mr Dimitrios KALOGEROPOULOS, Mr Georgios KOTRONIAS, Mr Nikolaos PAPANDREOU, Mr Ioannis SGOUROS and Mr Grigorios ZAFEIROPOULOS were appointed members, and Mr Pavlos ALTINIS, Mr Athanasios GIAKALIS, Mr Aristeidis GIANNAKIDIS, Mr Dimitrios DRAKOS, Mr Polydoros LAMPRINOUDIS, Mr Christos LAPPAS, Mr Ioannis MACHAIRIDIS and Mr Dimitrios BIRMPAS were appointed as alternate members until 25 January 2015. On 29 October 2012, by Council Decision 2012/676/EU (5), Mr Spyridon SPYRIDON was appointed member and Mr Dimitrios PETROVITS was appointed alternate member until 25 January 2015.
(2)
Nine members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Ioannis BOUTARIS, Mr Theodoros GKOTSOPOULOS, Mr Dimitrios KALOGEROPOULOS, Mr Georgios KOTRONIAS, Mr Nikolaos PAPANDREOU, Mr Ioannis SGOUROS, Mr Konstantinos SIMITSIS, Mr Spyridon SPYRIDON and Mr Grigorios ZAFEIROPOULOS.
(3)
Twelve alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Pavlos ALTINIS, Mr Dimitrios BIRMPAS, Mr Dimitrios DRAKOS, Mr Athanasios GIAKALIS, Mr Aristeidis GIANNAKIDIS, Mr Ioannis KOURAKIS, Mr Polydoros LAMPRINOUDIS, Mr Christos LAPPAS, Mr Ioannis MACHAIRIDIS, Mr Dimitrios MARAVELIAS, Mr Dimitrios PETROVITS and Mr Dimitrios PREVEZANOS,
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:
(a)
as members:
—
Mr Konstantinos AGORASTOS, Governor of Thessaly Region
—
Mr Dimitrios KALOGEROPOULOS, Advisor, politically accountable to the elected Municipal Council of Maroussi (change of mandate)
—
Mr Stavros KALAFATIS, Municipal Councillor of Thessaloniki
—
Mr Alexandros KAHRIMANIS, Governor of the Region of Epirus
—
Mr Ioannis KOURAKIS, Municipal Councillor of Heraklion
—
Mr Dimitrios MARAVELIAS, Regional Councillor of Attica
—
Mr Ioannis SGOUROS, Regional Councillor of Attica (change of mandate)
—
Mr Konstantinos TZANAKOULIS, Municipal Councillor of Larissa
—
Mr Nikolaos CHIOTAKIS, Municipal Councillor of Kifissia
and
(b)
as alternate members:
—
Mr Dimitrios BIRMPAS, Mayor of Aigaleo (change of mandate)
—
Mr Ioannis BOUTARIS, Mayor of Thessaloniki
—
Mr Fotios CHATZIDIAKOS, Mayor of Rhodes
—
Mr Georgios DAKIS, Regional Councillor, West Macedonia Region
—
Mr Nikolaos KARAPANOS, Mayor of the city of Messolonghi
—
Mr Panagiotis KATSIVELAS, Mayor of Trifylia
—
Mr Charalampos KOKKINOS, Regional Councillor, South Aegean Region
—
Ms Anna PAPADIMITRIOU, Regional Councillor, Region of Attica
—
Mr Dimitrios PETROVITS, Deputy Governor, Region of Evros (change of mandate)
—
Mr Dimitrios PREVEZANOS, Mayor of Skiathos (change of mandate)
—
Mr Konstantinos SIMITSIS, Municipal Councillor of Kavala
—
Mr Petros SOULAS, Mayor of Kordelio-Evosmos.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 25 September 2014.
For the Council
The President
F. GUIDI
(1) OJ L 348, 29.12.2009, p. 22.
(2) OJ L 12, 19.1.2010, p. 11.
(3) Council Decision 2010/217/EU of 9 April 2010 appointing one Greek member and one Greek alternate member of the Committee of the Regions (OJ L 96, 16.4.2010, p. 7).
(4) Council Decision 2011/191/EU of 21 March 2011 appointing ten Greek members and nine Greek alternate members of the Committee of the Regions (OJ L 81, 29.3.2011, p. 12).
(5) Council Decision 2012/676/EU of 29 October 2012 appointing a Greek member and a Greek alternate member of the Committee of the Regions (OJ L 305, 1.11.2012, p. 26). |
19.6.2014
EN
Official Journal of the European Union
L 179/31
COMMISSION DELEGATED REGULATION (EU) No 667/2014
of 13 March 2014
supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to rules of procedure for penalties imposed on trade repositories by the European Securities and Markets Authority including rules on the right of defence and temporal provisions
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 64(7) thereof,
Whereas:
(1)
Regulation (EU) No 648/2012 empowers the Commission to lay down rules of procedure for the exercise of the power to impose fines or periodic penalty payments by the European Securities and Markets Authority (ESMA) upon trade repositories and persons involved in trade repositories. In the application of this Regulation, account should be taken of ESMA's organisational rules laid down in Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2), including, in particular, the delegation of certain clearly defined tasks and decisions to internal committees or panels in accordance with Article 41 of Regulation (EU) No 1095/2010, whilst fully respecting the rights of defence of persons subject to investigation and the principle of collegiality that governs ESMA's operations.
(2)
The right to be heard is recognised in the Charter of Fundamental Rights. In order to respect the rights of defence of trade repositories and of other persons subject to action by the European Securities and Markets Authority (ESMA) and to ensure that it takes all relevant facts into account when adopting enforcement decisions, ESMA should hear the trade repositories or any other persons concerned. Persons subject to the investigations should therefore be granted the right to make written submissions in response to statements of findings issued by the investigation officer and ESMA, including in case of material change in the initial statement of findings.
(3)
Following the written submissions by the trade repository to the investigation officer, the complete file, including those submissions, should be submitted to ESMA. However, it may occur that some elements of the written submissions that the trade repository made to the investigation officer or to ESMA, are not sufficiently clear or detailed, and that they need to be further explained by the trade repository. Should the investigation officer or ESMA consider that this is the case, the trade repository or the persons subject to investigation may be invited to attend an oral hearing to clarify those elements.
(4)
The right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy is recognised in the Charter of Fundamental Rights of the European Union. Articles 64(5) and 67 of Regulation (EU) No 648/2012 establish that, persons subject to ESMA proceedings, are entitled to have access to ESMA's file, subject to the legitimate interest of other persons to protect their business secrets and their personal data. The right of access to the file should not extend to confidential information.
(5)
Council Regulation (EC) No 1/2003 (3) lays down detailed rules on limitation periods for when the Commission has to fine an undertaking under Article 101 or 102 of the Treaty on the Functioning of the European Union. Legislation in force in Member States also provides for rules on limitation periods either specifically relating to securities, or generally in their general administrative laws. It is therefore appropriate to base rules on limitations periods on common features that have been extracted from those national rules and from Union legislation.
(6)
Regulation (EU) No 648/2012 and this Regulation refer to time periods and dates. This is the case, for instance, when establishing limitation periods for the imposition and enforcement of penalties. To enable those periods to be correctly calculated, it is appropriate to apply rules which already exist within Union legislation for acts of the Council and the Commission as provided for in Regulation (EEC, Euratom) No 1182/71 of the Council (4) for acts of the Council and the Commission.
(7)
Article 68(4) of Regulation (EU) No 648/2012 provides that penalties imposed by ESMA pursuant to Articles 65 and 66 of that Regulation shall be enforceable, and that enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The corresponding amounts shall be allocated to the general budget of the Union.
(8)
In the interest of the immediate exercise of effective supervisory and enforcement activity, this Regulation should enter into force as a matter of urgency,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down rules of procedure regarding fines and periodic penalty payments to be imposed by the European Securities and Markets Authority (ESMA) on trade repositories or other persons that are subject to ESMA's investigation and enforcement proceedings, including rules on the right of defence and limitation periods.
Article 2
Right to be heard by the investigation officer
1. Upon completion of the investigation and before submitting the file to ESMA pursuant to Article 3(1), the investigation officer shall inform the person subject to investigation in writing stating its findings and shall provide that person with the opportunity to make written submissions pursuant to paragraph 3. That statement of findings shall set out the facts liable to constitute one or more of the infringements listed in Annex I of Regulation (EU) No 648/2012, including any aggravating or mitigating factors of those infringements.
2. The statement of findings shall set a reasonable time limit within which the person subject to investigation may make its written submissions. The investigation officer shall not be obliged to take into account written submissions received after that time limit has expired.
3. In its written submissions, the person subject to investigation may set out all the facts known to it which are relevant to its defence. It shall attach any relevant documents as proof of the facts set out. It may propose that the investigation officer hear other persons who may corroborate the facts set out in the submissions of the person subject to investigation.
4. The investigation officer may also invite a person subject to investigation to which a statement of findings has been addressed to attend an oral hearing. The persons subject to investigation may be assisted by their lawyers or other qualified persons admitted by the investigation officer. Oral hearings shall not be held in public.
Article 3
Right to be heard by ESMA with regard to fines and supervisory measures
1. The complete file to be submitted by the investigation officer to ESMA shall include at least the following documents:
—
copy of the statement of findings addressed to the trade repository or the person subject to the investigation;
—
copy of the written submissions by the trade repository or the person subject to the investigation;
—
minutes of any oral hearing.
2. Where ESMA considers that the file submitted by the investigation officer is not complete, it shall send back the file to the investigation officer with reasoned request for additional documents.
3. Where ESMA considers, on the basis of a complete file, that the facts described in the statement of findings appear not to constitute an infringement with the meaning of Annex I of Regulation (EU) No 648/2012, it shall decide to close the case and it shall notify that decision to the persons subject to investigation.
4. Where ESMA does not agree with the findings of the investigation officer it shall submit a new statement of findings to the persons subject to investigation.
The statement of findings shall set a reasonable time limit within which the persons subject to investigation may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for adopting a decision on the existence of an infringement and on supervisory measures and the imposition of a fine in accordance with Article 65 and 73 of Regulation (EU) No 648/2012.
ESMA may also invite the persons subject to investigation to which a statement of findings has been addressed to attend an oral hearing. The persons subject to investigation may be assisted by their lawyers or other qualified persons admitted by ESMA. Oral hearings shall not be held in public.
5. Where ESMA agrees with all or some of the findings of the investigation officer it shall inform the persons subject to investigation accordingly. Such communication shall set a reasonable time limit within which the person subject to investigation may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for adopting a decision on the existence of an infringement and on supervisory measures and the imposition of a fine in accordance with Article 65 and 73 of Regulation (EU) No 648/2012.
ESMA may also invite the persons subject to investigation to which a statement of findings has been addressed to attend an oral hearing. The persons subject to investigation may be assisted by their lawyers or other qualified persons admitted by ESMA. Oral hearings shall not be held in public.
6. If ESMA decides that one or more of the infringements listed in Annex I to Regulation (EU) No 648/2012 has been committed by a person subject to investigation and has adopted a decision imposing a fine in accordance with Article 65, it shall notify immediately that decision to the person subject to investigation.
Article 4
Right to be heard by ESMA with regard to periodic penalty payments
Before making a decision imposing a periodic penalty payment according to Article 66 of Regulation (EU) No 648/2012, ESMA shall submit a statement of findings to the person subject to the proceedings setting out the reasons justifying the imposition of a penalty payment and the amount of the penalty payment per day of non-compliance. The statement of findings shall set a time limit within which the person concerned may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for deciding on the periodic penalty payment.
Once the trade repository or person concerned has complied with the relevant decision referred to in Article 66(1) of Regulation (EU) No 648/2012, a periodic penalty payment can no longer be imposed.
The decision imposing a periodic penalty payment shall indicate the legal basis and the reasons for the decision, the amount and the starting date of the periodic penalty payment.
ESMA may also invite the person subject to the proceedings to attend an oral hearing. The person subject to the proceedings may be assisted by their lawyers or other qualified persons admitted by ESMA. Oral hearings shall not be held in public.
Article 5
Access to the file and use of documents
1. If so requested, ESMA shall grant access to the file to the parties to whom the investigation officer or ESMA has sent a statement of findings. Access shall be granted following the notification of any statement of findings.
2. File documents accessed pursuant to paragraph 1 shall be used only for the purposes of judicial or administrative proceedings concerning the application of Regulation (EU) No 648/2012.
Article 6
Limitation periods for the imposition of penalties
1. The powers conferred on ESMA to impose fines and periodic penalty payments on trade repositories shall be subject to a limitation period of five years.
2. The limitation period referred to in paragraph 1 shall begin to run on the day following that on which the infringement is committed. However, in the case of continuing or repeated infringements, that limitation period shall begin to run on the day on which the infringement ceases.
3. Any action taken by ESMA for the purpose of the investigation or proceedings in respect of an infringement of Regulation (EU) No 648/2012 shall interrupt the limitation period for the imposition of fines and periodic penalty payments. That limitation period shall be interrupted with effect from the date on which the action is notified to the trade repository or the person subject to the investigation or proceedings in respect of an infringement of Regulation (EU) No 648/2012.
4. Each interruption shall cause the limitation period to start running afresh. However, the limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without ESMA having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which limitation is suspended pursuant to paragraph 5.
5. The limitation period for imposing fines and periodic penalty payments shall be suspended for as long as the decision of ESMA is the subject of proceedings pending before the Board of Appeal, in accordance with Article 58 of Regulation (EU) No 1095/2010, and before the Court of Justice of the European Union, in accordance with Article 69 of Regulation (EU) No 648/2012.
Article 7
Limitation periods for the enforcement of penalties
1. The power of ESMA to enforce decisions taken pursuant to Articles 65 and 66 of Regulation (EU) No 648/2012 shall be subject to a limitation period of five years.
2. The five-year period referred to in paragraph 1 shall start to run on the day following that on which the decision becomes final.
3. The limitation period for the enforcement of penalties shall be interrupted by:
(a)
a notification by ESMA to the trade repository or other person concerned of a decision varying the original amount of the fine or periodic penalty payment;
(b)
any action of ESMA or a Member State authority acting at the request of ESMA, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.
4. Each interruption shall cause the limitation period to start running afresh.
5. The limitation period for the enforcement of penalties shall be suspended for so long as:
(a)
time to pay is allowed;
(b)
enforcement of payment is suspended pursuant to a pending decision of ESMA Board of Appeal, in accordance with Article 58 of Regulation (EU) No 1095/2010, and the Court of Justice of the European Union, in accordance with Article 69 of Regulation (EU) No 648/2012.
Article 8
Collection of fines and periodic penalty payments
The amounts of fines and periodic penalty payments collected by ESMA shall be lodged to an interest bearing account opened by the accounting officer of ESMA until such time as they become final. Such amounts shall not be entered in ESMA's budget or recorded as budgetary amounts.
Once ESMA's Accounting Officer has established that the fines or periodic penalty payments have become final following the outcome of all possible legal challenges he shall transfer those amounts plus any interest accruing to the Commission. These amounts shall then be entered in the Union budget under general revenue.
ESMA's Accounting Officer shall report on a regular basis to the Authorising Officer of DG MARKT on the amounts of fines and periodic penalty payments imposed and their status.
Article 9
Calculation of periods, dates and time limits
Regulation (EEC, Euratom) No 1182/71 shall apply to periods of time, dates and time limits set out in this Regulation.
Article 10
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 201, 27.7.2012, p. 1.
(2) Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
(3) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Article 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
(4) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1). |
15.11.2014
EN
Official Journal of the European Union
L 330/10
COUNCIL DECISION
of 7 November 2014
on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the French Republic concerning the application to the collectivity of Saint-Barthélemy of Union legislation on the taxation of savings and administrative cooperation in the field of taxation
(2014/793/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 113 and 115, in conjunction with Article 218(6)(b) and (8), second subparagraph, thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1)
In accordance with Council Decision 2013/671/EU (1), the Agreement between the European Union and the French Republic concerning the application to the collectivity of Saint-Barthélemy of Union legislation on the taxation of savings and administrative cooperation in the field of taxation (hereinafter ‘the Agreement’) was signed on 17 February 2014, subject to its conclusion at a later date.
(2)
The purpose of the Agreement is to ensure that the mechanisms of Council Directive 2011/16/EU (2) and Council Directive 2003/48/EC (3), designed in particular to combat fraud and cross-border tax evasion, continue to apply to Saint-Barthélemy despite its changed status.
(3)
The Agreement should be concluded,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the French Republic concerning the application to the collectivity of Saint-Barthélemy of Union legislation on the taxation of savings and administrative cooperation in the field of taxation is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 7 of the Agreement. (4)
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 7 November 2014.
For the Council
The President
P. C. PADOAN
(1) Council Decision 2013/671/EU of 15 November 2013 on the signing, on behalf of the European Union, of the Agreement between the European Union and the French Republic concerning the application to the collectivity of Saint-Barthélemy of Union legislation on the taxation of savings and administrative cooperation in the field of taxation (OJ L 313, 22.11.2013, p. 1).
(2) Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1).
(3) Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (OJ L 157, 26.6.2003, p. 38).
(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council. |
25.9.2014
EN
Official Journal of the European Union
L 281/5
COMMISSION IMPLEMENTING DECISION
of 24 September 2014
on the extension of the designation of the Performance Review Body of the single European sky
(2014/672/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (1), and in particular Article 11(2) thereof,
Whereas:
(1)
By Commission Decision of 29 July 2010 (2), the European organisation for the safety or air navigation (Eurocontrol), established by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation, as amended on 12 February 1981 and revised on 27 June 1997, acting through its Performance Review Commission supported by the performance review unit, was designated as the Performance Review Body of the single European sky for a period ending on 30 June 2015.
(2)
By letter of 11 August 2010 the Commission appointed the chair of the Performance Review Body and by Commission Decision of 25 July 2013 (3) the Commission approved the members of that body, both for a period ending on 30 June 2015.
(3)
It is necessary to continue obtaining expert support also after 30 June 2015 to assist the Commission and the national supervisory authorities and therefore to designate a Performance Review Body for an additional period, considering the important tasks of this body, as laid down in Article 11(2) of Regulation (EC) No 549/2004 and in Article 3 of Commission Implementing Regulation (EU) No 390/2013 (4).
(4)
After completion of the first reference period, which ends on 31 December 2014, the Commission is to review the impact, scope and effectiveness of the performance scheme, which also includes the Performance Review Body. In this light, it is appropriate for the additional period of the designation of the Performance Review Body to end on 31 December 2016, in order not to pre-empt the outcome of that review process, which may lead to future changes in the tasks, designation and composition of that body. The end date of 31 December 2016 is also consistent with the reference period pursuant to Article 3(1) of Implementing Regulation (EU) No 390/2013, insofar as it allows the Performance Review Body to finalise its work in relation to the adoption of performance plans for the second reference period (2015-19), to develop Union-wide performance targets with a view to their application as of 2017 in respect to determined unit cost for terminal air navigation services, and to assess in 2016 the traffic assumptions that were used to set Union-wide performance targets for the second reference period.
(5)
The Performance Review Commission of Eurocontrol, which at this point in time continues to be the most appropriate body to carry out those tasks, has expressed no objection to being designated as the Performance Review Body for an additional period. The chair and the members of this body, which were previously selected following the procedure laid out in Article 4(4) and 5(1) of Commission Decision of 29 July 2010, have also indicated their availability for a renewed term. Given the limited duration of the present additional period and the importance to ensure continuity in the beginning of the reference period, it is not appropriate to initiate a new selection procedure at this stage.
(6)
The designation of the Performance Review Body and the appointment of its chair and its members should therefore be renewed, for a period ending on 31 December 2016.
(7)
Pursuant to Regulation (EC) No 549/2004, the Performance Review Body must be impartial, have appropriate competences when carrying out the tasks entrusted to it and act independently. Adequate safeguards should therefore be provided for in this regard. It should also be specified how this body is to report to the Commission.
(8)
In order to ensure its proper functioning, appropriate rules should be set out on the rules of procedure, the necessary voting requirements and the financing of the Performance Review Body.
(9)
In the interest of clarity, Commission Decision of 29 July 2010 and Commission Decision of 25 July 2013 should be repealed.
(10)
In order to ensure continuity, this Decision should enter into force on 1 July 2015.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Single Sky Committee established by Article 5(1) of Regulation (EC) No 549/2004,
HAS ADOPTED THIS DECISION:
Article 1
Designation of the Performance Review Body
1. The Performance Review Commission of Eurocontrol, supported by the performance review unit of the Eurocontrol agency, is designated as the Performance Review Body of the single European sky until 31 December 2016.
2. The designation is subject to the condition that the Performance Review Body maintains collective competence in the four key performance areas of safety, capacity, environment and cost-efficiency, and that sufficient, independent and competent support is provided to it by the Eurocontrol performance review unit.
3. When performing the duties entrusted to it by this Decision, the Performance Review Body, its chair and its individual members shall be impartial and shall exercise their functions with independence, avoiding conflicts of interests.
4. The Performance Review Body shall be granted access to the performance-related data referred to in the Implementing Regulation (EU) No 390/2013, available within Eurocontrol.
Article 2
Reporting
1. The Performance Review Body shall act in full transparency and report directly to the Commission. Its reports and recommendations shall be the property of the Commission. Publication or dissemination of those reports and recommendations shall require the prior written consent of the Commission.
2. The Performance Review Body shall report once a year to the Commission:
(a)
on its cooperation with the European Aviation Safety Agency (EASA) and the working arrangements with air navigation service providers, airport operators, airport coordinators and air carriers, as referred to in Article 3(7) and (8) of Implementing Regulation (EU) No 390/2013, respectively;
(b)
on the work performed under this Decision and on the use of its resources.
Article 3
Appointment of the chair and members
1. The chair and the members of the Performance Review Body are listed in the Annex.
2. The chair and the members shall sign a statement by which they undertake to exercise their functions within the Performance Review Body in an independent manner.
3. If the chair or a member leaves the Performance Review Body before 31 December 2016, a replacement shall be selected among candidates demonstrating the appropriate experience and competence, as well as independence and absence of conflict of interest. That replacement shall be appointed by the Commission in accordance with Article 3(1) of Implementing Regulation (EU) No 390/2013.
Article 4
Rules of procedure
1. The Performance Review Body shall adopt its rules of procedure, subject to prior approval by the Commission, by simple majority voting.
2. The Performance Review Body shall adopt its reports and recommendations by simple majority voting.
Article 5
Financing
1. The work of the Performance Review Body to carry out the tasks referred to in Article 3(3), (4), (5) and (6)(a) of Implementing Regulation (EU) No 390/2013, including the costs of the chair and members of the Performance Review Body as well as the relevant staff costs of Eurocontrol's performance review unit, shall be financed from the budget of the Union.
2. The tasks referred to in Article 3(6)(b) and (c) of Implementing Regulation (EU) No 390/2013 shall be subject to specific financing from Member State(s) covering the additional costs incurred resulting from the request of the Performance Review Body's assistance to the Member State(s) concerned.
Article 6
Early termination
1. The failure by the chair or a member of the Performance Review Body to comply with the provisions of this Decision shall give the Commission the right to terminate their appointment.
2. The failure by Eurocontrol to comply with the provisions of this Decision shall give the Commission the right to revise or to terminate the designation upon three months prior written notice.
Article 7
Repeal
Commission Decision of 29 July 2010 and Commission Decision of 25 July 2013 are repealed.
Article 8
Entry into force and application
This Decision shall enter into force on 1 July 2015 and shall apply until 31 December 2016.
Done at Brussels, 24 September 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 96, 31.3.2004, p. 1.
(2) C(2010) 5134 final.
(3) C(2013) 4651 final.
(4) Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (OJ L 128, 9.5.2013, p. 1).
ANNEX
CHAIR AND MEMBERS OF THE PERFORMANCE REVIEW BODY
Chair of the Performance Review Body:
—
GRIFFITHS Peter
Members of the Performance Review Body:
—
BARTHELEMY Laurent
—
BAUMGARTNER Marc
—
BILLINGER Nils Gunnar
—
BRUN René
—
BUJIA LORENZO Juan Manuel
—
ERDURAK Hasan Bahadir
—
HUTCHINGS Marja
—
ISCRA Giorgio
—
LAHTINEN Antero J.
—
LAMBERT Anne
—
NIEMEIER Hans-Martin
—
RIEDLE Ralph |
26.7.2014
EN
Official Journal of the European Union
L 222/4
COMMISSION IMPLEMENTING REGULATION (EU) No 814/2014
of 23 July 2014
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pancetta Piacentina (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1)
Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Pancetta Piacentina’ registered under Commission Regulation (EC) No 1263/96 (2), as amended by Regulation (EU) No 1170/2010 (3).
(2)
Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (4) as required by Article 50(2)(a) of that Regulation.
(3)
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Pancetta Piacentina’ (PDO) are hereby approved.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2014.
For the Commission,
On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) Commission Regulation (EC) No 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No 2081/92 (OJ L 163, 2.7.1996, p. 19).
(3) Commission Regulation (EU) No 1170/2010 of 10 December 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Pancetta Piacentina (PDO)] (OJ L 327, 11.12.2010, p. 26).
(4) OJ C 86, 25.3.2014, p. 8. |
13.12.2014
EN
Official Journal of the European Union
L 358/15
COMMISSION IMPLEMENTING REGULATION (EU) No 1328/2014
of 12 December 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
AL
61,0
IL
107,2
MA
82,2
TN
139,2
TR
103,8
ZZ
98,7
0707 00 05
AL
63,5
EG
191,6
TR
147,2
ZZ
134,1
0709 93 10
MA
64,2
TR
125,6
ZZ
94,9
0805 10 20
AR
35,3
MA
68,6
SZ
37,7
TR
61,9
UY
32,9
ZA
45,0
ZW
33,9
ZZ
45,0
0805 20 10
MA
64,1
ZZ
64,1
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
IL
97,8
TR
78,7
ZZ
88,3
0805 50 10
TR
68,7
ZZ
68,7
0808 10 80
BR
55,4
CL
79,9
NZ
90,6
US
93,6
ZA
143,5
ZZ
92,6
0808 30 90
CN
82,9
TR
174,9
US
173,2
ZZ
143,7
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’. |
31.1.2014
EN
Official Journal of the European Union
L 28/34
COMMISSION IMPLEMENTING REGULATION (EU) No 85/2014
of 30 January 2014
amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance copper compounds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,
Whereas:
(1)
Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.
(2)
The approval of the active substance copper compounds will expire on 30 November 2016. An application has been submitted for the renewal of the approval of this active substance. As the requirements laid down in Commission Implementing Regulation (EU) No 844/2012 (3) apply to this active substance, it is necessary to allow applicants sufficient time to complete the renewal procedure in accordance with that Regulation. Consequently, the approval of this active substance is likely to expire before a decision has been taken on its renewal. It is therefore necessary to extend its approval period.
(3)
Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.
(4)
In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.
(5)
In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).
(3) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).
ANNEX
In Part A of the Annex to Implementing Regulation (EU) No 540/2011, in the sixth column, expiration of approval, of row 277, copper compounds, the date of 30 November 2016 is replaced by 31 January 2018. |
9.7.2014
EN
Official Journal of the European Union
L 200/15
COMMISSION IMPLEMENTING DECISION
of 7 July 2014
derogating from Decisions 92/260/EEC and 2004/211/EC as regards the temporary admission of certain male registered horses participating in the World Equestrian Games in France in 2014
(notified under document C(2014) 4490)
(Text with EEA relevance)
(2014/440/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (1), and in particular the introductory phrase and point (b) of Article 19 thereof,
Whereas:
(1)
Commission Decision 92/260/EEC (2) lays down the animal health conditions and veterinary certification requirements for the temporary admission into the Union of registered horses for a period of less than 90 days from third countries assigned to specific sanitary groups as set out in Annex I thereto. Annex II to that Decision sets out specimen animal health certificates which must accompany the animals arriving from third countries assigned to the corresponding sanitary groups. That Decision provides amongst others for guarantees that uncastrated male horses older than 180 days do not pose a risk as regards equine viral arteritis.
(2)
Commission Decision 2004/211/EC (3) establishes a list of third countries and parts of territories thereof from which Member States are to authorise the temporary admission of registered horses, the re-entry of registered horses after temporary export and the imports of registered equidae and equidae for breeding and production and sets out the conditions for the importation of equidae from third countries.
(3)
Registered horses participating in at least one of the eight competition disciplines of the World Equestrian Games from 23 August to 7 September 2014 in Normandy in France, will be under the veterinary supervision of the competent authorities of France and the organising Fédération Équestre Internationale (FEI).
(4)
About a thousand horses will be presented during the Games in seven venues. The competitions in the FEI disciplines will take place in Caen, in Le Pin National Stud in the Orne region and in Sartilly in the Manche region. However there will be other events not involving FEI-registered horses in Deauville, Caen and Saint-Lô.
(5)
Certain male registered horses, which have qualified for participation in those high-level equestrian events may not comply with the requirements as regards equine viral arteritis laid down in Decisions 92/260/EEC and 2004/211/EC. However, the likelihood of those horses being used for breeding during the competition and the preceding acclimatisation period is negligible. It is therefore appropriate to provide for a derogation from those requirements for uncastrated male registered horses temporarily admitted to participate in those sporting events. This Decision should set out the animal health and veterinary certification requirements to exclude the risk of spreading equine viral arteritis through breeding or semen collection.
(6)
Commission Decision 2004/292/EC (4) created a single electronic database (‘Traces’) for monitoring the movement of animals within the Union and from third countries, as well as providing all the reference data relating to trade in such goods. That system is the most suitable instrument to ensure that uncastrated male registered horses temporarily admitted under specific conditions as regards equine viral arteritis leave the Union within a period of less than 90 days following their entry and without delay following the end of the equestrian events in which they participated. Traces should therefore be used for traceability of those registered horses temporarily admitted to participate in those sporting events.
(7)
Commission Regulation (EC) No 282/2004 (5) introduced a document for the declaration of, and veterinary checks on, animals from third countries entering the European Union.
(8)
Commission Regulation (EC) No 599/2004 (6) provides a format for the identification of the consignment which allows to establish a link to animal health documents which accompanied the animal to the border inspection post at the point of entry into the European Union.
(9)
Commission Decision 2009/821/EC (7) provides details of a communication network connecting veterinary units in Member States in order to follow up movements of, for example, temporarily admitted registered horses.
(10)
The common veterinary entry document issued in accordance with Regulation (EC) No 282/2004 in conjunction with certification for the movement of such horses from the Member State of first destination to other Member States (‘onward certification’), is the most suitable instrument to ensure that uncastrated male registered horses temporarily admitted under specific conditions as regards equine viral arteritis leave the European Union within a period of less than 90 days following their entry and without delay following the end of the equestrian events in which they participated.
(11)
However, because the onward certification in Section VII of the specimen health certificate in accordance with Decision 92/260/EEC is not implemented in Traces, it is necessary to connect this onward certification through the common veterinary entry document with a health attestation in accordance with Annex II to Directive 2009/156/EC which should be notified to the place of destination and in the format prescribed by Regulation (EC) No 599/2004.
(12)
With a view to the importance of the event, the importance of the region as a horse breeding area and the limited number of well-known individual horses entering the European Union under the specific conditions provided for in this Decision, the additional administrative procedures appear to be appropriate.
(13)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Article 1 of Decision 92/260/EEC and Article 6(a) of Decision 2004/211/EC, Member States shall authorise the temporary admission of uncastrated male registered horses which do not meet the requirement for equine viral arteritis provided for in point (e)(v) of Section III of the specimen certificates ‘A’ to ‘E’ set out in Annex II to Decision 92/260/EEC, provided that these horses are:
(a)
accompanied by a valid identification document, issued or recognised by the Fédération Equestre Internationale (FEI);
(b)
intended to participate in at least one of the eight FEI competition disciplines represented in the World Equestrian Games in Normandy in France from 23 August to 7 September 2014;
(c)
in compliance with the conditions set out in Article 2 of this Decision.
Article 2
1. Member States shall ensure that the horses referred to in Article 1 (‘the horses’) are accompanied by a health certificate corresponding to the appropriate specimen ‘A’ to ‘E’ set out in Annex II to Decision 92/260/EEC in which:
(a)
in point (e)(v) of Section III, the following text is added:
‘or
—
the animal is to be temporarily admitted in the European Union in accordance with Commission Implementing Decision 2014/440/EU (8).
(b)
in the part of Section IV to be completed by the official veterinarian, the following third, fourth and fifth indents are added:
‘—
the horse is intended to participate in the World Equestrian Games from 23 August to 7 September 2014 in Normandy in France in at least one of the FEI competition disciplines,
—
arrangements have been made to transport the horse out of the European Union without delay after the end of the World Equestrian Games on … (insert date) through the exit point … (insert name of exit point);
—
the horse is not intended for breeding or for the collection of semen during its residence of less than 90 days in the European Union.’
(c)
The following point is added to the declaration to be signed by the owner:
‘4.
During the 90 days' residence in the European Union the horse will be kept on the following premises in France outside the competition venues (insert place of premises in France or state “no residence in France outside competition venues”):
…
…
….’
2. Member States which implement an alternative control system, as provided for in Article 6 of Directive 2009/156/EC, shall ensure traceability of the horses through Traces.
3. The status of the horses cannot be converted from temporary entry into permanent entry.
Article 3
1. Member States shall ensure that in addition to the veterinary checks on the horses in accordance with Directive 91/496/EEC, the veterinary authorities issuing the common veterinary entry document (‘CVED’) in accordance with Regulation (EC) No 282/2004 also:
(a)
notify the exit point indicated in Section IV of the certificate referred to in Article 2(b) of the scheduled export from the European Union by completing point 20 of the CVED;
(b)
communicate by fax or e-mail the arrival of the horses to each of the local veterinary units (FR01400, FR05000, FR06100) as defined in Article 2(b)(iii) of Decision 2009/821/EC responsible for the venues designated for the equestrian events as referred to in Article 1 (‘the venues’).
2. Member States shall ensure that the horses on their way from the Member State of first destination indicated in the CVED to a subsequent Member State, or to one of the venues, are accompanied by the following health documents:
(a)
the health certificate completed in accordance with Article 2(1) in which the dedicated Section VII for certification of movements between Member States is completed;
(b)
the health attestation in accordance with Annex II to Directive 2009/156/EC, which must be notified to the place of destination in the format prescribed by Regulation (EC) No 599/2004 and bear a cross reference to the certificate mentioned in point (a) in Section I.6 of Part I of that format.
3. Member States being notified of the movement of the horses in accordance with paragraph 2 shall confirm the arrival of the horses in point 45 of Part 3 of the CVED.
Article 4
France shall ensure that the competent authority, in collaboration with the organiser of the events referred to in Article 1 and the appointed transport company, take the necessary measures to ensure that the horses:
(a)
are only admitted to the venues if their movements from the Member State of first destination indicated in the CVED to France is documented as provided for in Article 3(2);
(b)
leave the European Union without delay following the end of the event.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 7 July 2014.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 192, 23.7.2010, p. 1.
(2) Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses (OJ L 130, 15.5.1992, p. 67).
(3) Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (OJ L 73, 11.3.2004, p. 1).
(4) Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system (OJ L 94, 31.3.2004, p. 63).
(5) Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (OJ L 49, 19.2.2004, p. 11).
(6) Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (OJ L 94, 31.3.2004, p. 44).
(7) Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (OJ L 296, 12.11.2009, p. 1).
(8) OJ L 200, 9.7.2014. p. 15’; |
17.9.2014
EN
Official Journal of the European Union
L 275/4
COMMISSION IMPLEMENTING REGULATION (EU) No 979/2014
of 16 September 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
MK
57,9
TR
82,8
XS
82,8
ZZ
74,5
0707 00 05
TR
123,8
ZZ
123,8
0709 93 10
TR
133,9
ZZ
133,9
0805 50 10
AR
166,7
CL
144,0
IL
155,5
UY
145,4
ZA
147,7
ZZ
151,9
0806 10 10
BR
163,0
EG
160,7
MA
157,9
MK
27,7
TR
126,8
ZZ
127,2
0808 10 80
BR
60,0
CL
100,6
NZ
122,6
US
129,4
ZA
98,5
ZZ
102,2
0808 30 90
CN
101,9
TR
124,3
ZZ
113,1
0809 30
TR
129,3
ZZ
129,3
0809 40 05
MK
14,1
ZZ
14,1
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
28.5.2014
EN
Official Journal of the European Union
L 159/41
COMMISSION DELEGATED REGULATION (EU) No 574/2014
of 21 February 2014
amending Annex III to Regulation (EU) No 305/2011 of the European Parliament and of the Council on the model to be used for drawing up a declaration of performance on construction products
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 60(e) thereof,
Whereas:
(1)
Article 4(1) of Regulation (EU) No 305/2011 obliges manufacturers of construction products to draw up a declaration of performance when a construction product that is covered by a harmonised standard or conforms to a European Technical Assessment issued for that product is placed on the market. According to Article 6(4) of Regulation (EU) No 305/2011, that declaration should be drawn up using the model set out in Annex III to that Regulation.
(2)
In accordance with Article 60(e) of Regulation (EU) No 305/2011, the Commission is delegated the task of adapting Annex III to Regulation (EU) No 305/2011 in response to technical progress.
(3)
The model set out in Annex III to Regulation (EU) No 305/2011 should be adapted, in order to respond to technological progress, to allow the flexibility required by different kinds of construction products and manufacturers as well as to simplify the declaration of performance.
(4)
Furthermore, practical experience with the implementation of Annex III shows that manufacturers would need further instructions for drawing up declarations of performance on construction products in line with applicable legislation. Providing such instructions would also ensure a harmonised and correct application of Annex III.
(5)
The manufacturers should be allowed some flexibility for drawing up declarations of performance as long as they provide, in a clear and coherent manner, the essential information required by Article 6 of Regulation (EU) No 305/2011.
(6)
In order to unequivocally identify the product covered by a declaration of performance in relation with its performance levels or classes, manufacturers should link every single product to the respective product-type and to a given set of performance levels or classes by the unique identification code referred to in Article 6(2)(a) of Regulation (EU) No 305/2011.
(7)
The purpose of Article 11(4) of Regulation (EU) No 305/2011 is to enable the identification and the traceability of any single construction product by the indication, by the manufacturers, of a type, batch or serial number. This purpose is not served by a declaration of performance, which should be subsequently used for all products corresponding to the product-type defined in it. Therefore, the information required by Article 11(4) should not be required to be contained in the declaration of performance.
(8)
When the notified bodies are properly identified, the listing of all certificates, test, calculation or assessment reports issued might become extensive and burdensome but does not bring about added value for the users of the products covered by a declaration of performance. The manufacturers should thus not be obliged to include these listings in their declarations of performance.
(9)
In order to enhance the efficiency and competitiveness of the European construction sector as a whole, manufacturers providing declarations of performance wishing to benefit from the simplification and instructions for the purposes of facilitating the provision of such declarations should be able to do so as soon as possible,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EU) No 305/2011 shall be replaced by the Annex to this Regulation.
Article 2
Declarations of performance issued before the entry into force of this Regulation, which comply with Article 6 of Regulation (EU) No 305/2011 and the initial Annex III thereto, shall be deemed to comply with this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 88, 4.4.2011, p. 5.
ANNEX
‘ANNEX III
DECLARATION OF PERFORMANCE
No
1.
Unique identification code of the product-type:
2.
Intended use/es:
3.
Manufacturer:
4.
Authorised representative:
5.
System/s of AVCP:
6a.
Harmonised standard:
Notified body/ies:
6b.
European Assessment Document:
European Technical Assessment:
Technical Assessment Body:
Notified body/ies:
7.
Declared performance/s:
8.
Appropriate Technical Documentation and/or Specific Technical Documentation:
The performance of the product identified above is in conformity with the set of declared performance/s. This declaration of performance is issued, in accordance with Regulation (EU) No 305/2011, under the sole responsibility of the manufacturer identified above.
Signed for and on behalf of the manufacturer by:
[name]
At [place] on [date of issue]
[signature]
Instructions for drawing up the declaration of performance
1. GENERAL
These instructions aim at guiding the manufacturers when drawing up a declaration of performance compliant with Regulation (EU) No 305/2011, following the model of this Annex (hereinafter referred to as “the model”).
These instructions are not part of the declarations of performance to be issued by manufacturers and should not be enclosed to these declarations of performance.
When drawing up a declaration of performance, the manufacturer shall:
(1)
reproduce the texts and the headlines of the model which are not indicated between square brackets;
(2)
replace the blank spaces and square brackets by inserting the necessary information.
Manufacturers may also include in the declaration of performance the reference to the website where the copy of the declaration of performance is made available in accordance with Article 7(3) of Regulation (EU) No 305/2011. This may be included after point 8 or in another place where it does not affect the readability and clarity of the mandatory information.
2. FLEXIBILITY
Providing that the mandatory information required by Article 6 of Regulation (EU) No 305/2011 is provided in a clear, complete and coherent manner, when drawing up a declaration of performance, it is possible to:
(1)
use a different layout as in the model;
(2)
combine the points of the model by presenting some of them together;
(3)
present the points of the model in a different order or using one or more tables;
(4)
omit some points of the model which are not relevant for the product for which a declaration of performance is drawn up. For example, this is the case since the declaration of performance may be based either on a harmonised standard or on a European Technical Assessment issued for the product, rendering the other alternative not applicable. These omissions could also concern the points on the authorised representative or on the use of Appropriate Technical Documentation and the Specific Technical Documentation;
(5)
present the points without numbering them.
If a manufacturer wishes to issue a single declaration of performance covering different variations of a product-type, at least the following elements need to be listed separately and clearly for every product variation: the number of the declaration of performance, the identification code under point 1 and the declared performances/s under point 7.
3. INSTRUCTION FOR THE COMPLETION OF THE FORM
Point of the model
Instruction
Number of the declaration of performance
This is the reference number of the declaration of performance foreseen in Article 9(2) of Regulation (EU) No 305/2011.
The choice of the number is left to the manufacturer.
This number may be the same as the unique identification code of the product-type indicated under point 1 of the model.
Point 1
Indicate the unique identification code of the product-type referred to in Article 6(2)(a) of Regulation (EU) No 305/2011.
In Article 9(2) of Regulation (EU) No 305/2011, the unique identification code determined by the manufacturer to follow the CE marking is linked to the product-type and thus to the set of performance levels or classes of a construction product, as brought forward in the declaration of performance drawn up for it. Moreover, for the recipients of construction products, in particular for their final end users, it is necessary to be able to unequivocally identify this set of performance levels or classes for any given product. Therefore, every construction product, for which a declaration of performance has been drawn up, should be linked by its manufacturer to the respective product-type and a given set of performance levels or classes by the unique identification code, which acts also as the reference mentioned in Article 6(2)(a) of Regulation (EU) No 305/2011.
Point 2
Indicate the intended use, or list the intended uses, as appropriate, of the construction product as foreseen by the manufacturer, in accordance with the applicable harmonised technical specification.
Point 3
Indicate the name, the registered trade name or registered trade mark and the contact address of the manufacturer, as required pursuant to Article 11(5) of Regulation (EU) No 305/2011.
Point 4
This point shall be included and filled in only in case an authorised representative has been designated. In such case, indicate the name and the contact address of the authorised representative whose mandate covers the tasks specified in Article 12(2) of Regulation (EU) No 305/2011.
Point 5
Indicate the number of the applicable system or systems of assessment and verification of constancy of performance (AVCP) of the construction product as set out in Annex V to Regulation (EU) No 305/2011. If there are multiple systems, each of them shall be declared.
Points 6a and 6b
Since a manufacturer can draw up a declaration of performance based on either a harmonised standard or a European Technical Assessment issued for the product, these two different situations presented under points 6a and 6b should be treated as alternative, with only one of them to be applied and filled in in a declaration of performance.
In case of point 6a, i.e. when a declaration of performance is based on a harmonised standard, indicate all the following:
(a)
the reference number of the harmonised standard and its date of issue (dated reference); and
(b)
the identification number of the notified body/ies.
When providing the name of the notified body/ies, it is essential that the name is provided in its original language, without translation to other languages.
In case of point 6b, i.e. when a declaration of performance is based on a European Technical Assessment issued for the product, indicate all the following:
(a)
the number of the European Assessment Document and its date of issue;
(b)
the number of the European Technical Assessment and its date of issue;
(c)
the name of the Technical Assessment Body; and
(d)
the identification number of the notified body/ies.
Point 7
Under this point, the declaration of performance shall indicate:
(a)
the list of essential characteristics, as determined in the harmonised technical specifications for the intended use or uses indicated under point 2; and
(b)
for each essential characteristic, the declared performance, by level or class, or in a description, in relation to this characteristic or, for characteristics for which no performance is declared, the letters “NPD” (No Performance Determined).
This point may be filled up with the use of a table which brings forward the links between the harmonised technical specifications and the systems of assessment and verification of constancy of performance applied respectively to each essential characteristic of the product, as well as the performance in relation to each essential characteristic.
The performance shall be declared in a clear and explicit manner. Therefore, the performance cannot be described in the declaration of performance solely by inserting a calculation formula to be applied by the recipients. Furthermore, the levels or classes of performance presented in reference documents shall be reproduced in the declaration of performance itself and thus cannot be expressed solely by inserting references to these documents into the declaration of performance.
However, the performance notably of structural behaviour of a construction product may be expressed by referring to the respective production documentation or structural design calculations. In this case, the relevant documents shall be attached to the declaration of performance.
Point 8
This point shall only be included and filled in in a declaration of performance if Appropriate Technical Documentation and/or Specific Technical Documentation has been used, in accordance with Articles 36 to 38 of Regulation (EU) No 305/2011, in order to indicate the requirements with which the product complies.
In such a case, under this point the declaration of performance shall indicate:
(a)
the reference number of the Specific and/or Appropriate Technical Documentation used, and
(b)
the requirements with which the product complies.
Signature
Replace the spaces indicated between square brackets by the information indicated and the signature.’ |
29.11.2014
EN
Official Journal of the European Union
L 344/14
COMMISSION IMPLEMENTING REGULATION (EU) No 1272/2014
of 28 November 2014
amending Regulation (EEC) No 2454/93 as regards the marking of containers for the purpose of their temporary importation
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
Whereas:
(1)
The Union is a Contracting Party to the Convention on Temporary Admission concluded in Istanbul on 26 June 1990 (hereafter ‘the Istanbul Convention’). Annex B.3 to the Istanbul Convention contains provisions concerning containers, pallets, packings, samples and other goods imported in connection with a commercial operation. The Administrative Committee for the Convention on Temporary Admission recommended at its 12th meeting on 25 March 2013 an amendment to Appendix II to Annex B.3 to the Istanbul Convention containing provisions concerning the marking of containers. The amendment came into force on 4 November 2014.
(2)
The Istanbul Convention is not directly applicable in the Union. Its amendment should therefore be incorporated into Union law in order to ensure that the Union complies with its international obligations.
(3)
Commission Regulation (EEC) No 2454/93 (2) should therefore be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Article 557 of Regulation (EEC) No 2454/93 is amended as follows:
(1)
in paragraph 1, the first subparagraph is replaced by the following:
‘1. Total relief from import duties shall be granted for containers where they have been durably marked in an appropriate and clearly visible place with all of the following information:
(a)
the identification of the owner or operator, which may be shown either by its full name or by an established identification system, symbols such as emblems or flags being excluded;
(b)
the identification marks and numbers of the container, given by the owner or operator;
(c)
the tare weight of the container, including all its permanently fixed equipment.’
;
(2)
in paragraph 1 after the first subparagraph, the following subparagraph is inserted:
‘For freight containers considered for maritime use, or for any other container utilising an ISO standard prefix (i.e. four capital letters ending in U), the identification of the owner or principal operator and the container serial number and check digit of the container shall adhere to International Standard ISO 6346 and its annexes.’
.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 302, 19.10.1992, p. 1.
(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1). |
5.4.2014
EN
Official Journal of the European Union
L 103/15
REGULATION (EU) No 333/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2014
amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars
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)
Pursuant to Article 13(5) of Regulation (EC) No 443/2009 of the European Parliament and of the Council (3) the Commission is to review the modalities of achieving the 95 g CO2/km target by 2020 in a cost-effective manner, including the formulae set out in Annex I to that Regulation and the derogations provided for in Article 11 thereof. It is appropriate that this Regulation be as neutral as possible from the point of view of competition, socially equitable and sustainable.
(2)
The further development of the worldwide market for advanced technologies aimed at improving the efficiency of passenger cars is in line with the Commission’s Communication of 21 January 2011 entitled: ‘A resource-efficient Europe — Flagship initiative under the Europe 2020 strategy’, which supports the shift to a resource-efficient, low-carbon economy for achieving sustainable growth.
(3)
It is appropriate to clarify that, for the purpose of verifying compliance with the target of 95 g CO2/km, CO2 emissions should continue to be measured in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council (4) and its implementing measures and innovative technologies.
(4)
High fossil fuel prices have a negative impact on economic recovery and on energy security and affordability in the Union. Increasing, therefore, the efficiency and sustainability of new passenger cars and light commercial vehicles, thus reducing the dependency on oil, is a priority.
(5)
In recognition of the high research and development and unit production costs of early generations of ultra-low emission vehicles, it is appropriate to accelerate and facilitate, on an interim basis and to a limited extent, the process of their introduction into the Union market at their initial stages of commercialisation. Actors at different levels should give appropriate attention to identifying and disseminating best practices for stimulating demand for ultra-low emission vehicles.
(6)
The lack of alternative fuel infrastructure and of common technical specifications for the vehicle-infrastructure interface could be an obstacle to the market uptake of ultra-low emission vehicles. Ensuring the building-up of such infrastructure in the Union could facilitate the work of market forces and contribute to economic growth in Europe.
(7)
In recognition of the disproportionate impact on the smallest manufacturers resulting from compliance with specific emissions targets defined on the basis of the utility of the vehicle, the high administrative burden of the derogation procedure, and the marginal resulting benefit in terms of CO2 emissions reduction from the vehicles sold by those manufacturers, manufacturers responsible for fewer than 1 000 new passenger cars registered in the Union annually should be excluded from the scope of the specific emissions target and the excess emissions premium. In order to ensure from the earliest point legal certainty for those manufacturers, it is essential that this derogation apply from 1 January 2012.
(8)
The procedure for granting a derogation to small-volume manufacturers should be simplified to allow for more flexibility in terms of when an application for a derogation is to be submitted by such manufacturers and when the Commission is to grant such a derogation.
(9)
The procedure for granting derogations to niche manufacturers should continue beyond 2020. However, in order to ensure that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers, a target 45 % lower than the average specific emissions of niche manufacturers in 2007 should therefore apply from 2020.
(10)
To enable the automotive industry to engage in long-term investment and innovation, it is desirable to provide indications as to how Regulation (EC) No 443/2009 should be amended for the period beyond 2020. Those indications should be based on an assessment of the necessary rate of reduction in line with the Union’s long-term climate goals and the implications for the development of cost effective CO2-reducing technology for cars. The Commission should, by 2015, review such aspects and submit a report to the European Parliament and to the Council on its findings. That report should include, where appropriate, proposals for amending Regulation (EC) No 443/2009 with a view to establishing CO2 emission targets for new passenger cars beyond 2020, including the possible setting of a realistic and achievable target for 2025, based on a comprehensive impact assessment that will consider the continued competitiveness of the car industry and its dependent industries, while maintaining a clear emissions-reduction trajectory comparable to that achieved in the period up to 2020. When developing such proposals, the Commission should ensure they are as neutral as possible from the point of view of competition and are socially equitable and sustainable.
(11)
Under Regulation (EC) No 443/2009, the Commission is required to carry out an impact assessment in order to review the test procedures with a view to reflecting adequately the real CO2 emissions behaviour of cars. There is a need to amend the currently used ‘New European Driving Cycle’ (NEDC), to ensure its representativeness regarding real driving conditions and to avoid the underestimation of real CO2 emissions and fuel consumption. A new, more realistic and reliable test procedure should be agreed as soon as feasible. Work in this direction is proceeding through the development of a Worldwide harmonized Light vehicles Test Procedure (WLTP) in the framework of the United Nations Economic Commission for Europe but has not yet been completed. In order to ensure that specific CO2 emissions quoted for new passenger cars are brought more closely into line with the emissions actually generated during normal conditions of use, the WLTP should be applied at the earliest opportunity. In view of that context, Annex I to Regulation (EC) No 443/2009 establishes emission limits for 2020 as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Commission Regulation (EC) No 692/2008 (5). When the test procedures are amended, the limits set in Annex I to Regulation (EC) No 443/2009 should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles. Accordingly, the Commission should carry out a robust correlation study between the NEDC and the new WLTP test cycles to ensure its representativeness regarding real driving conditions.
(12)
With a view to ensuring that real world emissions are adequately reflected, and measured CO2 values are strictly comparable, the Commission should ensure that those elements in the testing procedure that have a significant influence on measured CO2 emissions are strictly defined in order to prevent the utilisation of test cycle flexibilities by manufacturers. The deviations between type-approval CO2 emission values and emissions derived from vehicles offered for sale should be addressed, including by considering an in-service conformity test procedure that should ensure independent testing of a representative sample of vehicles for sale, as well as ways of addressing cases of demonstrated substantial divergence between survey and initial type-approval CO2 emissions.
(13)
The wording of Article 3(2) of Regulation (EC) No 443/2009 should be adjusted to ensure that the concept of connected undertakings is in line with Council Regulation (EC) No 139/2004 (6) as well as with Article 3(2) of Regulation (EU) No 510/2011 of the European Parliament and of the Council (7).
(14)
Regulation (EC) No 443/2009 confers powers on the Commission to implement some of its provisions in accordance with the procedures laid down in Council Decision 1999/468/EC (8). As a consequence of the entry into force of the Treaty of Lisbon, those powers need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).
(15)
In order to ensure uniform conditions for the implementation of Regulation (EC) No 443/2009, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9).
(16)
The power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in order to amend Annex II to Regulation (EC) No 443/2009 as regards data requirements and data parameters; supplement the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets, on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of CO2; adjust the figure of M0, referred to in Annex I to Regulation (EC) No 443/2009, to the average mass of new passenger cars in the previous three calendar years; and adapt the formulae in Annex I to Regulation (EC) No 443/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(17)
It is appropriate to retain the approach of setting the target based on a linear relationship between the utility of the car and its target CO2 emissions as expressed by the formulae set out in Annex I to Regulation (EC) No 443/2009, since this allows the diversity of the passenger car market and the ability of manufacturers to address different consumer needs to be maintained, thus avoiding any unjustified distortion of competition.
(18)
In its impact assessment, the Commission assessed the availability of footprint data and the use of footprint as the utility parameter in the formulae set out in Annex I to Regulation (EC) No 443/2009. On the basis of that assessment, the Commission has concluded that the utility parameter used in the formula for 2020 should be mass. Nevertheless, the lower cost and merits of a change to footprint as the utility parameter should be considered in the future review.
(19)
Greenhouse gas emissions related to energy supply and vehicle manufacturing and disposal are significant components of the current overall road transport carbon footprint and are likely to significantly increase in importance in the future. Policy action should therefore be taken to guide manufacturers towards optimal solutions taking account of, in particular, greenhouse gas emissions associated with the generation of energy supplied to vehicles such as electricity and alternative fuels, and to ensure that those upstream emissions do not erode the benefits related to the improved operational energy use of vehicles aimed for under Regulation (EC) No 443/2009.
(20)
Since the objective of this Regulation, namely to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars, 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 Regulation does not go beyond what is necessary in order to achieve that objective.
(21)
Regulation (EC) No 443/2009 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 443/2009 is amended as follows:
(1)
in Article 1, the second paragraph is replaced by the following:
‘From 2020 onwards, this Regulation sets a target of 95 g CO2/km for the average emissions of the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures and innovative technologies.’;
(2)
in Article 2, the following paragraph is added:
‘4. With effect from 1 January 2012, Article 4, Article 8(4)(b) and (c), Article 9 and Article 10(1)(a) and (c) shall not apply to a manufacturer which, together with all of its connected undertakings, is responsible for fewer than 1 000 new passenger cars registered in the Union in the previous calendar year.’;
(3)
in point (a) of Article 3(2), the first indent is replaced by the following:
‘—
the power to exercise more than half the voting rights, or’;
(4)
in Article 4, the second paragraph is replaced by the following:
‘For the purposes of determining each manufacturer’s average specific emissions of CO2, the following percentages of each manufacturer’s new passenger cars registered in the relevant year shall be taken into account:
—
65 % in 2012,
—
75 % in 2013,
—
80 % in 2014,
—
100 % from 2015 to 2019,
—
95 % in 2020,
—
100 % by the end of 2020 onwards.’;
(5)
the following Article is inserted:
‘Article 5a
Super-credits for 95 g CO2/km target
In calculating the average specific emissions of CO2, each new passenger car with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:
—
2 passenger cars in 2020,
—
1,67 passenger cars in 2021,
—
1,33 passenger cars in 2022,
—
1 passenger car from 2023,
for the year in which it is registered in the period from 2020 to 2022, subject to a cap of 7,5 g CO2/km over that period for each manufacturer.’;
(6)
in Article 8, paragraph 9 is replaced by the following:
‘9. The Commission shall adopt detailed rules on the procedures for monitoring and reporting of data under this Article and on the application of Annex II by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to amend the data requirements and data parameters set out in Annex II.’;
(7)
in Article 9, paragraph 3 is replaced by the following:
‘3. The Commission shall determine the means for collecting excess emissions premiums under paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).’;
(8)
Article 11 is amended as follows:
(a)
in paragraph 3, the last sentence is deleted;
(b)
in paragraph 4, point (b) of the second subparagraph is replaced by the following:
‘(b)
if the application is in relation to points (a) and (b) of point 1 of Annex I, a target which is a 25 % reduction on the average specific emissions of CO2 in 2007 or, where a single application is made in respect of a number of connected undertakings, a 25 % reduction on the average of those undertakings’ average specific emissions of CO2 in 2007.’;
(c)
in paragraph 4, second subparagraph, the following point is added:
‘(c)
if the application is in relation to point (c) of point 1 of Annex I, a target which is a 45 % reduction on the average specific emissions of CO2 in 2007 or, where a single application is made in respect of a number of connected undertakings, a 45 % reduction on the average of those undertakings’ average specific emissions of CO2 in 2007.’;
(d)
paragraph 8 is replaced by the following:
‘8. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a laying down rules to supplement paragraphs 1 to 7 of this Article, as regards the interpretation of the eligibility criteria for derogations, the content of the applications, and the content and assessment of programmes for the reduction of specific emissions of CO2.’;
(9)
Article 12 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. Upon application by a supplier or a manufacturer, CO2 savings achieved through the use of innovative technologies or a combination of innovative technologies (“innovative technology packages”) shall be considered.
Such technologies shall be taken into consideration only if the methodology used to assess them is capable of producing verifiable, repeatable and comparable results.
The total contribution of those technologies to reducing the specific emissions target of a manufacturer may be up to 7 g CO2/km.’;
(b)
in paragraph 2, the first sentence is replaced by the following:
‘The Commission shall adopt, by means of implementing acts, detailed provisions for a procedure to approve the innovative technologies or innovative technology packages referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2) of this Regulation.’;
(c)
paragraph 3 is replaced by the following:
‘3. A supplier or a manufacturer who applies for a measure to be approved as an innovative technology or innovative technology package shall submit a report, including a verification report undertaken by an independent and certified body, to the Commission. In the event of a possible interaction of the measure with another innovative technology or innovative technology package already approved, the report shall mention that interaction and the verification report shall evaluate to what extent that interaction modifies the reduction achieved by each measure.’;
(10)
Article 13 is amended as follows:
(a)
in paragraph 2, the third subparagraph is replaced by the following:
‘The Commission shall, by means of delegated acts, adopt those measures in accordance with Article 14a.’;
(b)
the second subparagraph of paragraph 3 is deleted;
(c)
paragraph 5 is replaced by the following:
‘5. By 31 December 2015, the Commission shall review the specific emissions targets and the modalities set out herein, as well as the other aspects of this Regulation, including whether a utility parameter is still needed and whether mass or footprint is the more sustainable utility parameter, in order to establish the CO2 emissions targets for new passenger cars for the period beyond 2020. In that regard, the assessment of the necessary rate of reduction shall be in line with the Union’s long-term climate goals and the implications for the development of cost effective CO2-reducing technology for cars. The Commission shall submit a report to the European Parliament and to the Council with the result of that review. That report shall include any appropriate proposals for amending this Regulation, including the possible setting of a realistic and achievable target, based on a comprehensive impact assessment that will consider the continued competitiveness of the car industry and its dependent industries. When developing such proposals, the Commission shall ensure they are as neutral as possible from the point of view of competition and are socially equitable and sustainable.’;
(d)
paragraph 7 is replaced by the following:
‘7. The Commission shall, by means of implementing acts, determine the correlation parameters necessary in order to reflect any change in the regulatory test procedure for the measurement of specific CO2 emissions referred to in Regulation (EC) No 715/2007 and Regulation (EC) No 692/2008. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2) of this Regulation.
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to adapt the formulae set out in Annex I, using the methodology adopted pursuant to the first subparagraph, while ensuring that reduction requirements of comparable stringency for manufacturers and vehicles of different utility are required under the old and new test procedures.’;
(11)
Article 14 is replaced by the following:
‘Article 14
Committee procedure
1. The Commission shall be assisted by the Climate Change Committee established by Article 9 of Decision No 280/2004/EC of the European Parliament and of the Council (10). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (11).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
(10) Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ L 49, 19.2.2004, p. 1)."
(11) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’;"
(12)
the following Article is inserted:
‘Article 14a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adapt delegated acts referred to in the second subparagraph of Article 8(9), Article 11(8), the third subparagraph of Article 13(2) and the second subparagraph of Article 13(7) shall be conferred on the Commission for a period of five years from 8 April 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in the second subparagraph of Article 8(9), Article 11(8), the third subparagraph of Article 13(2) and the second subparagraph of Article 13(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to the second subparagraph of Article 8(9), Article 11(8), the third subparagraph of Article 13(2) and the second subparagraph of Article 13(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;
(13)
in point 1 of Annex I, the following point is added:
‘(c)
From 2020:
Where:
M= mass of the vehicle in kilograms (kg)
M0 = the value adopted pursuant to Article 13(2)
a= 0,0333.’;
(14)
Annex II is amended as follows:
(a)
in point 1 of Part A, the following point is added:
‘(n)
maximum net power.’;
(b)
in the table ‘Detailed data specified in point 1 of Part A’, the following column is added:
‘Maximum net power (kW)’.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 March 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 44, 15.2.2013, p. 109.
(2) Position of the European Parliament of 25 February 2014 (not yet published in the Official Journal) and decision of the Council of 10 March 2014.
(3) Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1).
(4) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).
(5) Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).
(6) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
(7) Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1).
(8) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).
(9) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). |
24.5.2014
EN
Official Journal of the European Union
L 156/1
DECISION No 562/2014/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on the participation of the European Union in the capital increase of the European Investment Fund
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 173(3) 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),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
Pursuant to Council Decision 94/375/EC (3), the European Investment Fund (the ‘Fund’) was founded in 1994 to ‘stimulate sustained and balanced growth within the Community’.
(2)
Following an increase in the Fund's subscribed capital in 2007, the authorised capital of the Fund is EUR 3 billion, divided into 3 000 shares of EUR 1 million each with a ratio of 20 % of the capital paid-in. The Union, represented by the Commission, participated in the previous increase of the Fund's subscribed capital in accordance with Council Decision 2007/247/EC (4).
(3)
Consequently, the Union, represented by the Commission, is currently subscribed to 900 shares of the Fund in total for a nominal value of EUR 900 million, of which EUR 180 million are paid-in.
(4)
The European Council of 28-29 June 2012 adopted the ‘Compact for Growth and Jobs’ to stimulate smart, sustainable, inclusive, resource-efficient and job-creating growth. In that context, the European Council in its conclusions emphasized that, among the further urgent actions needed at Union level to boost growth and jobs, to enhance the financing of the economy and make Europe more competitive as a location for production and investment, the activity of the Fund should be developed, particularly as regards its venture activity, in liaison with existing national structures such as national promotional banks and institutions.
(5)
In order to further promote investment and access to credit, the European Council of 27-28 June 2013 launched a ‘New Investment Plan for Europe’ to support small and medium-sized enterprises (SMEs) and boost the financing of the economy. In that context, the European Council in its conclusions asked the Commission and the European Investment Bank (EIB) to implement an increase in the Fund's credit enhancement capacity as a matter of priority.
(6)
Recalling that restoring normal lending to the economy, in particular to SMEs, remains a priority, the European Council of 19-20 December 2013 called on the Commission and the EIB to further enhance the capacity of the Fund through an increase in its capital with a view to reaching final agreement by May 2014.
(7)
The current size of the Fund's own funds does not allow for a substantial increase in the Fund's activity, as called for by the European Council, since the guarantee and venture capital operations of the Fund may not exceed the ceiling on the overall commitments of the Fund established by the Statutes of the Fund or by the General Meeting of the Fund. Furthermore, the credit enhancement capacity of the Fund is limited by the size of its available own funds.
(8)
On 26 November 2013, the Fund's Board of Directors thus gave its approval as to the rationale for an increase in the Fund's subscribed capital by up to EUR 1 500 million, allowing for the necessary increase of the own funds. The technical arrangements and detailed procedure for the increase will be submitted to the Board of Directors in due course in order to request authorisation to submit a proposal to the 2014 General Meeting of the Fund for approval.
(9)
New shares should be subscribed by the Fund's shareholders at their discretion over a four-year period, starting in 2014 and ending in 2017. The price of the new shares should be set annually and be based on the net asset value formula agreed between the Fund's shareholders.
(10)
The agreement on the funding of the Union contribution to the Fund's capital increase should be without prejudice to the possible treatment of dividends.
(11)
It is appropriate for the Union to participate in the capital increase of the Fund in order to achieve the Union's objectives of encouraging an environment favourable to initiative and to the development of undertakings throughout the Union, particularly SMEs, and of fostering better exploitation of the industrial potential of the Union's policies of innovation, research and technological development, as articulated in the conclusions of the European Council of 28-29 June 2012, 27-28 June 2013 and 19-20 December 2013 and detailed in the ‘Compact for Growth and Jobs’ and the ‘New Investment Plan for Europe’.
(12)
With regard to the specific objectives pursued by the Union's participation in the increase of the Fund's capital, in particular the Fund's support for actions which complement Member States' actions in favour of enterprises, particularly SMEs, Article 173(3) of the Treaty on the Functioning of the European Union provides the necessary powers for the adoption of this Decision.
(13)
In order to allow the Union representative in the Fund's General Meeting to vote on the capital increase as soon as possible, this Decision should enter into force on the day following that of its publication,
HAVE ADOPTED THIS DECISION:
Article 1
This Decision aims to increase the European Investment Fund (the ‘Fund’) support of actions which complement Member States' actions in favour of enterprises, particularly small and medium-sized enterprises.
Article 2
In addition to its current shareholding in the Fund, the Union shall subscribe for up to 450 shares each of a nominal value of EUR 1 million in the Fund. The subscription of shares and the annual payments shall be carried out in accordance with the terms and conditions that shall be approved by the General Meeting of the Fund.
Article 3
The Union shall purchase the new shares in the Fund over a four-year period starting in 2014. During the 2014-2017 period, a total amount of up to EUR 178 million shall be available within the general budget of the Union to cover the cost of the subscription, making use of appropriations already programmed within Heading 1a of the Multiannual Financial Framework for the period 2014-2020 in order to leave unchanged the total expenditure allocated. The budgetary commitment may be broken down into annual instalments over four years in accordance with Article 85(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5).
Article 4
The Commission shall monitor how the objective set out in Article 1 has been achieved and present two reports to the European Parliament and to the Council, an interim report by 31 December 2016 and a final report by 31 December 2018.
Article 5
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 15 May 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) Opinion of 25 March 2014 (not yet published in the Official Journal).
(2) Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 6 May 2014.
(3) Council Decision 94/375/EC of 6 June 1994 on Community membership of the European Investment Fund (OJ L 173, 7.7.1994, p. 12).
(4) Council Decision 2007/247/EC of 19 April 2007 on the Community participation in the capital increase of the European Investment Fund (OJ L 107, 25.4.2007, p. 5).
(5) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Statement by the European Parliament and the Council
The European Parliament and the Council agree to address the issue of the treatment of the Fund's dividends in the framework of the next revision of the financial rules applicable to the general budget of the Union or, at the latest, in the context of the interim report on the achievement provided for in Article 4. |
5.3.2014
EN
Official Journal of the European Union
L 65/1
DIRECTIVE 2014/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 February 2014
amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
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 153(2) 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),
Having consulted the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
Pursuant to Article 153 of the Treaty, the European Parliament and the Council may adopt, by means of directives, minimum requirements for encouraging improvements, in particular in the working environment, to ensure a better level of protection of the health and safety of workers. Such directives should avoid holding back the creation and development of small and medium-sized undertakings and their potential to create jobs. Good health and safety standards should not be considered as constraints, since they are fundamental rights and are to be applied without exception to all sectors of the labour market and all types of undertakings regardless of their size.
(2)
Article 31(1) of the Charter of Fundamental Rights of the European Union provides that every worker has the right to working conditions which respect his or her health, safety and dignity.
(3)
Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3) established a new system for the classification and labelling of substances and mixtures within the Union, based on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) at international level, within the framework of the United Nations Economic Commission for Europe.
(4)
Council Directives 92/58/EEC (4), 92/85/EEC (5), 94/33/EC (6) and 98/24/EC (7), and Directive 2004/37/EC of the European Parliament and of the Council (8) contain references to the previous classification and labelling system. Those Directives should therefore be amended in order to align them to the new system laid down in Regulation (EC) No 1272/2008.
(5)
The amendments are necessary to ensure the continued effectiveness of those Directives. The aim of this Directive is not to change the scope of those Directives. This Directive intends to maintain and not reduce the level of protection of workers that is provided by those Directives. However, in view of on-going technological progress, those Directives should be subject to periodic review in accordance with Article 17a of Council Directive 89/391/EEC (9) in order to ensure the coherency of legislation and an appropriate level of health and safety protection when hazardous chemical substances and mixtures are present in the working environment. Particular attention should be paid to employees within professions where there is frequent contact with hazardous substances and mixtures.
(6)
The amendments to Directive 92/85/EEC do not address the issue of hazardous substances and mixtures which can adversely affect fertility of pregnant workers or workers who have recently given birth or who are breastfeeding, since the aim of this Directive is only to update references and terminology set out in that Directive. However, taking account of the evolving scientific evidence regarding this issue together with the increased sophistication of classification of these effects, the Commission should consider the most appropriate means for addressing such effects.
(7)
The amendments to Directives 92/85/EEC and 94/33/EC should align the approach taken in those Directives to the wording adopted under Directive 98/24/EC in so far as the words ‘substances labelled’, in Section A point 3(a) of Annex I to Directive 92/85/EEC and ‘substances and preparations classified’ in Section I point 3(a) of the Annex to Directive 94/33/EC are replaced by the wording ‘substances and mixtures which meet the criteria for classification’. This Directive does not impose obligations on employers as regards classification, labelling and packaging of substances and mixtures covered by Regulation (EC) No 1272/2008. Regardless of whether or not the substances or mixtures are placed on the market, the employer needs to carry out an assessment of risk of all hazardous chemical agents in accordance with Directive 98/24/EC.
(8)
Section I point 2 and Section II point 1 of the Annex to Directive 94/33/EC contain references to repealed Council Directives 90/679/EEC (10) and 90/394/EEC (11). Those references should therefore be replaced by references to the relevant provisions of Directive 2000/54/EC of the European Parliament and of the Council (12) and Directive 2004/37/EC.
(9)
In accordance with Article 154 of the Treaty, the Commission consulted the social partners on the possible direction of Union action in this field and the social partners indicated that explanatory guidance in particular for small and medium-sized enterprises is useful.
(10)
Following this consultation, the Commission considered that Union action was desirable and consulted the social partners on the content of the envisaged proposal, in accordance with Article 154 of the Treaty.
(11)
Following this second phase of consultation, the social partners did not wish to initiate the process which could lead to the conclusion of an agreement as set out in Article 155 of the Treaty,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Amendments to Directive 92/58/EEC
Directive 92/58/EEC is amended as follows:
(1)
In Article 1, paragraph 2 is replaced by the following:
‘2. This Directive shall not apply to signs for the placing on the market of hazardous substances and mixtures, products and/or equipment, unless other Union provisions make specific reference thereto.’
(2)
In Annex I, Section 12 is replaced by the following:
12. Areas, rooms or enclosures used for the storage of significant quantities of hazardous substances or mixtures must be indicated by a suitable warning sign taken from Section 3.2 of Annex II, or marked as provided in Section 1 of Annex III, unless the labelling of the individual packages or containers is adequate for this purpose.
If there is no equivalent warning sign in Section 3.2 of Annex II to warn about hazardous chemical substances or mixtures, the relevant hazard pictogram, as laid down in Annex V to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (13), must be used.
(3)
In Annex II, Section 3.2 is amended as follows:
(a)
warning sign ‘Harmful or irritant material’ is deleted.
(b)
the following footnote linked to warning sign ‘General danger’ is added:
‘***
This warning sign shall not be used to warn about hazardous chemical substances or mixtures, except for cases when the warning sign is used in accordance with the second paragraph of Section 5 of Annex III to indicate the stores of hazardous substances or mixtures.’
(4)
Annex III is amended as follows:
(a)
Section 1 is replaced by the following:
‘1.
Containers used at work for chemical substances or mixtures classified as hazardous according to the criteria for any physical or health hazard class in accordance with Regulation (EC) No 1272/2008, and containers used for the storage of such hazardous substances or mixtures, together with the visible pipes containing or transporting such hazardous substances and mixtures, must be labelled with the relevant hazard pictograms in accordance with that Regulation.
The first paragraph does not apply to containers used at work for brief periods nor to containers whose contents change frequently, provided that alternative adequate measures are taken, in particular for information and/or training, which guarantee the same level of protection.
The labels referred to in the first paragraph may be:
—
replaced by warning signs set out in Annex II, using the same pictograms or symbols. If there is no equivalent warning sign in Section 3.2 of Annex II, the relevant hazard pictogram set out in Annex V of Regulation (EC) No 1272/2008 must be used,
—
supplemented by additional information, such as the name and/or formula of the hazardous substance or mixture and the details of the hazard,
—
for the transporting of containers at the place of work, supplemented or replaced by signs that are applicable throughout the Union for the transport of hazardous substances or mixtures.’
(b)
in first and second paragraph of Section 5 the word ‘dangerous’ is replaced by ‘hazardous’ and the word ‘preparations’ by ‘mixtures’.
Article 2
Amendments to Directive 92/85/EEC
Annex I to Directive 92/85/EEC is amended as follows:
(1)
Section A is amended as follows:
(a)
point 2 is replaced by the following:
‘2. Biological agents
Biological agents of risk groups 2, 3 and 4 within the meaning of points 2, 3 and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the European Parliament and of the Council (14), in so far as it is known that such agents or the therapeutic measures necessitated by them endanger the health of pregnant women and the unborn child, and in so far as they do not yet appear in Annex II.
(b)
point 3 is amended as follows:
(i)
point (a) is replaced by the following:
‘(a)
substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (15) in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements, in so far as they do not yet appear in Annex II;
—
germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);
—
carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);
—
reproductive toxicity, category 1A, 1B or 2 or the additional category for effects on or via lactation (H360, H360D, H360FD, H360Fd, H360Df, H361, H361d, H361fd, H362);
—
specific target organ toxicity after single exposure, category 1 or 2 (H370, H371).
(ii)
point (b) is replaced by the following:
‘(b)
chemical agents in Annex I to Directive 2004/37/EC of the European Parliament and of the Council (16);
(2)
Section B is replaced by the following:
‘B. Processes
Industrial processes listed in Annex I to Directive 2004/37/EC.’
Article 3
Amendments to Directive 94/33/EC
The annex to Directive 94/33/EC is amended as follows:
(1)
Section I is amended as follows:
(a)
in point 2 point (a) is replaced by the following:
‘(a)
Biological agents of risk groups 3 and 4 within the meaning of points 3 and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the European Parliament and of the Council (17).
(b)
point 3 is amended as follows:
(i)
point (a) is replaced by the following:
‘(a)
Substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (18) in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements:
—
acute toxicity, category 1, 2 or 3 (H300, H310, H330, H301, H311, H331);
—
skin corrosion, category 1A, 1B or 1C (H314);
—
flammable gas, category 1 or 2 (H220, H221);
—
flammable aerosols, category 1 (H222);
—
flammable liquid, category 1 or 2 (H224, H225);
—
explosives, categories ‘Unstable explosive’, or explosives of Divisions 1.1, 1.2, 1.3, 1.4, 1.5 (H200, H201, H202, H203, H204, H205);
—
self-reactive substances and mixtures, type A, B, C or D (H240, H241, H242);
—
organic peroxides, type A or B (H240, H241);
—
specific target organ toxicity after single exposure, category 1 or 2 (H370, H371);
—
specific target organ toxicity after repeated exposure, category 1 or 2 (H372, H373);
—
respiratory sensitisation, category 1, subcategory 1A or 1B (H334);
—
skin sensitisation, category 1, subcategory 1A or 1B (H317);
—
carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);
—
germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);
—
reproductive toxicity, category 1A or 1B (H360, H360F, H360FD, H360Fd, H360D, H360Df).
(ii)
point (b) is deleted;
(iii)
point (c) is deleted;
(iv)
point (d) is replaced by the following:
‘(d)
Substances and mixtures referred to in point (ii) of point (a) of Article 2 of Directive 2004/37/EC of the European Parliament and of the Council (19);
(2)
In Section II, point 1 is replaced by the following:
‘1.
Processes at work referred to in Annex I to Directive 2004/37/EC.’
Article 4
Amendments to Directive 98/24/EC
Directive 98/24/EC is amended as follows:
(1)
In Article 2, point (b) is amended as follows:
(a)
point (i) is replaced by the following:
‘(i)
any chemical agent which meets the criteria for classification as hazardous within any physical and/or health hazard classes laid down in Regulation (EC) No 1272/2008 of the European Parliament and of the Council (20), whether or not that chemical agent is classified under that Regulation;
(b)
point (ii) is deleted;
(c)
point (iii) is replaced by the following:
‘(iii)
any chemical agent which, whilst not meeting the criteria for classification as hazardous in accordance with point (i) of point (b) of this Article may, because of its physico-chemical, chemical or toxicological properties and the way it is used or is present in the workplace, present a risk to the safety and health of workers, including any chemical agent that is assigned an occupational exposure limit value under Article 3.’
(2)
In Article 4(1), the second indent is replaced by the following:
‘—
information on safety and health that shall be provided by the supplier (e.g. the relevant safety data sheet in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (21)),
(3)
Article 8 is amended as follows:
(a)
in paragraph 1, the fourth indent is replaced by the following:
‘—
access to any safety data sheet provided by the supplier in accordance with Article 31 of Regulation (EC) No 1907/2006;’
(b)
paragraph 3 is replaced by the following:
‘3. Member States may take measures necessary to ensure that employers are able to obtain on request, preferably from the producer or supplier, all information on hazardous chemical agents that is necessary to apply Article 4(1) of this Directive, insofar as neither Regulation (EC) No 1907/2006, nor Regulation (EC) No 1272/2008 include any obligation to provide information.’
Article 5
Amendments to Directive 2004/37/EC
Directive 2004/37/EC is amended as follows:
(1)
In Article 1, paragraph 4 is replaced by the following:
‘4. As regards asbestos, which is dealt with by Directive 2009/148/EC of the European Parliament and of the Council (22), the provisions of this Directive shall apply whenever they are more favourable to health and safety at work.
(2)
Article 2 is amended as follows:
(a)
point (a) is replaced by the following:
‘(a)
“carcinogen” means:
(i)
a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (23);
(ii)
a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex;
(b)
point (b) is replaced by the following:
‘(b)
“mutagen” means:
a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008;’
(3)
In Article 4(1) the word ‘preparation’ is replaced by the word ‘mixture’.
(4)
In Article 5(2) the word ‘preparation’ is replaced by the word ‘mixture’.
(5)
In point (b) of Article 6, the word ‘preparations’ is replaced by the word ‘mixtures’.
(6)
In Annex I, in the heading, the word ‘preparations’ is replaced by the word ‘mixtures’.
Article 6
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 June 2015. They shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 7
Entry into force and application
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 8
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 26 February 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 204, 9.8.2008, p. 47.
(2) Position of the European Parliament of 4 February 2014 (not yet published in the Official Journal) and decision of the Council of 20 February 2014.
(3) 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 (OJ L 353, 31.12.2008, p. 1).
(4) Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 245, 26.8.1992, p. 23).
(5) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1).
(6) Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ L 216, 20.8.1994, p. 12).
(7) Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 5.5.1998, p. 11).
(8) Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).
(9) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
(10) Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 374, 31.12.1990, p. 1).
(11) Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 196, 26.7.1990, p. 1).
(12) Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, p. 21).
(13) 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 (OJ L 353, 31.12.2008, p. 1).’
(14) Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, p. 21).’;
(15) 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 (OJ L 353, 31.12.2008, p. 1).’;
(16) Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).’
(17) Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, p. 21).’
(18) 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 (OJ L 353, 31.12.2008, p. 1).’;
(19) Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).’
(20) 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 (OJ L 353, 31.12.2008, p. 1).’;
(21) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).’
(22) Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).’
(23) 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 (OJ L 353, 31.12.2008, p. 1).’ |
13.5.2014
EN
Official Journal of the European Union
L 138/106
COUNCIL DECISION 2014/270/CFSP
of 12 May 2014
amending Council Decision 2010/231/CFSP concerning restrictive measures against Somalia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 26 April 2010, the Council adopted Decision 2010/231/CFSP (1).
(2)
On 5 March 2014, the UN Security Council adopted UN Security Council Resolution (UNSCR) 2142 (2014) on the situation in Somalia, reaffirming the arms embargo on Somalia and renewing, until 25 October 2014, its determination that the arms embargo is not to apply to deliveries of weapons, ammunition or military equipment or to the provision of advice, assistance or training intended solely for the development of the Security Forces of the Federal Government of Somalia to provide security for the Somali people, except in relation to deliveries of certain items as set out in the Annex to UNSCR 2111 (2013) which require an advance approval by the Sanctions Committee established pursuant to UNSCR 751 (1992).
(3)
UNSCR 2142 (2014) modifies the notification requirements in relation to deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training to Somalia's Security Forces, as well as for the exemption procedure in relation to deliveries of items set out in the Annex to UNSCR 2111 (2013).
(4)
Decision 2010/231/CFSP should therefore be amended accordingly.
(5)
Further action by the Union is needed in order to implement certain measures,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/231/CFSP is hereby amended as follows:
(1)
Article 1(3)(f) and (g) are replaced by the following:
‘(f)
the supply, sale or transfer of arms and related material of all types and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities intended solely for the development of the Security Forces of the Federal Government of Somalia, to provide security for the Somali people, except in relation to deliveries of the items set out in Annex II, if a notification to the Sanctions Committee has been made as set out in paragraph 4 of this Article;
(g)
the supply, sale or transfer of arms and related material of all types set out in Annex II to the Federal Government of Somalia as approved in advance by the Sanctions Committee on a case-by-case basis, as set out in paragraph 4a of this Article;’.
(2)
In Article 1, paragraph 4 is replaced by the following:
‘4. The Federal Government of Somalia has the primary responsibility to notify the Sanctions Committee in advance of any deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training to its Security Forces, as set out under point (f) of paragraph 3. Alternatively, Member States delivering assistance may notify the Sanctions Committee at least five days in advance, in consultation with the Federal Government of Somalia, in accordance with paragraph 3 and 4 of UNSCR 2142 (2014). Where a Member State chooses to notify the Sanctions Committee, such notification shall include details of the manufacturer and supplier of the arms and ammunition, a description of the arms and ammunition including the type, calibre and quantity, the proposed date and place of delivery, and all relevant information concerning the intended destination unit in the Somali National Security Forces, or the intended place of storage. A Member State supplying arms or ammunition may, in cooperation with the Federal Government of Somalia, no later than 30 days after the delivery of such items, submit to the Sanctions Committee a written confirmation of the completion of the delivery, including the serial numbers for the arms and ammunition delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage.’.
(3)
In Article 1, the following paragraph is inserted:
‘4a. The Federal Government of Somalia has the primary responsibility to request advance approval by the Sanctions Committee for any supplies of items set out in Annex II, as set out in point (g) of paragraph 3. In the alternative, Member States may request advance approval by the Sanctions Committee, in consultation with the Federal Government of Somalia, in accordance with paragraph 3 of UNSCR 2142 (2014).’.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 12 May 2014.
For the Council
The President
C. ASHTON
(1) Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, p. 17). |
18.11.2014
EN
Official Journal of the European Union
L 331/28
COMMISSION IMPLEMENTING DECISION
of 14 November 2014
amending Decisions 2010/470/EU and 2010/472/EU as regards the animal health requirements relating to scrapie for trade in and imports into the Union of embryos of animals of the ovine and caprine species
(notified under document C(2014) 8339)
(Text with EEA relevance)
(2014/802/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (1), and in particular the third indent of Article 11(3), Article 17(2)(b), the first indent of Article 18(1), and the introductory phrase and point (b) of Article 19 thereof,
Whereas:
(1)
Part A of Annex IV to Commission Decision 2010/470/EU (2) sets out the model health certificate for intra-Union trade in consignments of ova and embryos of animals of the ovine and caprine species collected or produced after 31 August 2010.
(2)
Part 2 of Annex IV to Commission Decision 2010/472/EU (3) sets out the model health certificate for the importation into the Union of consignments of ova and embryos of animals of the ovine and caprine species.
(3)
Regulation (EC) No 999/2001 of the European Parliament and of the Council (4) lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals. Chapter A of Annex VIII to that Regulation sets out the conditions for intra-Union trade in live animals, semen and embryos. In addition, Annex IX to that Regulation sets out the conditions for the importation into the Union of live animals, embryos, ova and products of animal origin from third countries.
(4)
In the light of new scientific evidence, Regulation (EC) No 999/2001 was amended by Commission Regulation (EU) No 630/2013 (5). Those amendments, relating to scrapie, were reflected by Commission Implementing Decision 2013/470/EU (6) in the model health certificate for intra-Union trade in consignments of ova and embryos of animals of the ovine and caprine species set out in Part A of Annex IV to Decision 2010/470/EU and the model health certificate for imports into the Union of consignments of ova and embryos of animals of the ovine and caprine species set out in Part 2 of Annex IV to Decision 2010/472/EU, with a transitional period until 31 December 2014.
(5)
In accordance with a scientific opinion on the risk of transmission of classical scrapie via in vivo derived embryo transfer in ovine animals of the European Food Safety Authority (EFSA) adopted on 24 January 2013, where it was concluded that the risk of transmitting classical scrapie by the implantation of homozygous or heterozygous ovine ARR embryos could be considered negligible, provided that the OIE recommendations and procedures relating to embryo transfer are followed, the relevant provisions of Regulation (EC) No 999/2001 were amended by Commission Regulation (EU) No 1148/2014 (7).
(6)
The model health certificate for intra-Union trade in consignments of ova and embryos of animals of the ovine and caprine species set out in Part A of Annex IV to Decision 2010/470/EU and the model health certificate for imports into the Union of consignments of ova and embryos of animals of the ovine and caprine species set out in Part 2 of Annex IV to Decision 2010/472/EU should therefore be amended in order to reflect the requirements laid down in Regulation (EC) No 999/2001, as amended by Regulation (EU) No 1148/2014.
(7)
In addition, in the model health certificate for intra-Union trade in consignments of ova and embryos of animals of the ovine and caprine species set out in Part A of Annex IV to Decision 2010/470/EU, certain references to Regulation (EC) No 999/2001 need to be amended in order to remove any ambiguity.
(8)
Furthermore, in the model health certificate for imports into the Union of consignments of ova and embryos of animals of the ovine and caprine species set out in Part 2 of Annex IV to Decision 2010/472/EU, a more precise wording is required in order to ensure a clear understanding that testing regimes referring to epizootic haemorrhagic disease (EHD) apply to the donor females of ovine or caprine species.
(9)
Decisions 2010/470/EU and 2010/472/EU should therefore be amended accordingly.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Annex IV to Decision 2010/470/EU is amended in accordance with Annex I to this Decision.
Article 2
Annex IV to Decision 2010/472/EU is amended in accordance with Annex II to this Decision.
Article 3
This Decision shall apply from 1 January 2015.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 14 November 2014.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 268, 14.9.1992, p. 54.
(2) Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (OJ L 228, 31.8.2010, p. 15).
(3) Commission Decision 2010/472/EU of 26 August 2010 on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union (OJ L 228, 31.8.2010, p. 74).
(4) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).
(5) Commission Regulation (EU) No 630/2013 of 28 June 2013 amending the Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 179, 29.6.2013, p. 60).
(6) Commission Implementing Decision 2013/470/EU of 20 September 2013 amending Decisions 2010/470/EU and 2010/472/EU as regards the animal health requirements relating to scrapie for trade in and imports into the Union of semen, ova and embryos of animals of the ovine and caprine species (OJ L 252, 24.9.2013, p. 32).
(7) Commission Regulation (EU) No 1148/2014 of 28 October 2014 amending the Annexes II, VII, VIII, IX and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 308, 29.10.2014, p. 66).
ANNEX I
In Annex IV to Decision 2010/470/EU, Part A is replaced by the following:
‘PART A
Model health certificate IVA for trade within the Union in consignments of ova and embryos of animals of the ovine and caprine species collected or produced in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos
’
ANNEX II
In Annex IV to Decision 2010/472/EU, Part 2 is replaced by the following:
‘PART 2
Model health certificate for imports of consignments of ova and embryos of animals of the ovine and caprine species
’ |
27.5.2014
EN
Official Journal of the European Union
L 158/131
REGULATION (EU) No 540/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC
(Text with EEA relevance)
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 114 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),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
In accordance with Article 26(2) of the Treaty on the Functioning of the European Union (TFEU), the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is to be ensured. To that end, a comprehensive EU type-approval system for motor vehicles is in place. The technical requirements for the EU type-approval of motor vehicles and their silencing systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one Member State to another, and to ensure the proper functioning of the internal market while, at the same time, providing for a high level of environmental protection and public safety, a better quality of life and health, and taking account of road vehicles as a significant source of noise in the transport sector.
(2)
EU type-approval requirements already apply in the context of Union law regulating various aspects of the performance of motor vehicles, such as CO2 emissions from cars and light commercial vehicles, pollutant emissions and safety standards. The technical requirements applicable pursuant to this Regulation should be developed in a way that ensures a consistent approach throughout that Union law, taking into account all relevant noise factors.
(3)
Traffic noise harms health in numerous ways. Protracted noise-related stress can exhaust human physical reserves, disrupt the regulatory capacity of organ functions and hence limit their effectiveness. Traffic noise is a potential risk factor for the development of medical conditions and incidents such as high blood pressure and heart attacks. The effects of traffic noise should be further researched in the same manner as provided for in Directive 2002/49/EC of the European Parliament and of the Council (3).
(4)
Council Directive 70/157/EEC (4) harmonised the different technical requirements of Member States relating to the permissible sound level of motor vehicles and of their exhaust systems for the purpose of the establishment and operation of the internal market. For the purposes of the proper functioning of the internal market and in order to ensure a uniform and consistent application throughout the Union, it is appropriate to replace that Directive by this Regulation.
(5)
This Regulation constitutes a separate Regulation in the context of the type-approval procedure under Directive 2007/46/EC of the European Parliament and of the Council (5). Accordingly, Annexes IV, VI and XI to that Directive should be amended.
(6)
Directive 70/157/EEC refers to Regulation No 51 of the United Nations Economic Commission for Europe (UNECE) on noise emissions (6), which specifies the test method for noise emissions, and to UNECE Regulation No 59 on uniform provisions concerning the approval of replacement silencing systems (7). As a Contracting Party to the Agreement of UNECE of 20 March 1958 concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (8), the Union has decided to apply those Regulations.
(7)
Since its adoption, Directive 70/157/EEC has been substantially amended several times. The most recent reduction of sound level limits for motor vehicles, introduced in 1995, did not have the effects expected. Studies showed that the test method used under that Directive no longer reflected real life driving behaviour in urban traffic. In particular, as pointed out in the Green Paper on the Future Noise Policy of 4 November 1996, the contribution of tyre-rolling noise to total noise emissions was underestimated in the test method.
(8)
This Regulation should therefore introduce a different test method from that laid down in Directive 70/157/EEC. The new method should be based on the test method published by the UNECE Working Party on Noise (GRB) in 2007 which incorporated a 2007 version of the standard ISO 362. The results of monitoring of both the old and the new test methods were submitted to the Commission.
(9)
The new test method is considered to be representative for sound levels during normal traffic conditions, but it is less representative for sound levels under worst case conditions. Therefore, it is necessary to lay down in this Regulation additional sound emission provisions. Those provisions should establish preventive requirements intended to cover driving conditions of the vehicle in real traffic outside the type-approval driving cycle and to prevent cycle beating. Those driving conditions are environmentally relevant and it is important to ensure that the sound emission of a vehicle under street-driving conditions does not differ significantly from what can be expected from the type-approval test result for the specific vehicle.
(10)
This Regulation should also further reduce sound level limits. It should take account of the new stricter noise requirements for motor vehicle tyres laid down in Regulation (EC) No 661/2009 of the European Parliament and of the Council (9). Studies highlighting the annoyance and adverse health effects resulting from road traffic noise and the associated costs and benefits should also be taken into account.
(11)
The overall limit values should be reduced with regard to all noise sources of motor vehicles including the air intake over the power train and the exhaust, taking into account the tyre contribution to noise reduction referred to in Regulation (EC) No 661/2009.
(12)
Chapter III of Regulation (EC) No 765/2008 of the European Parliament and of the Council (10), in accordance with which Member States are required to carry out market surveillance and control products entering the Union market, applies to the products covered by this Regulation.
(13)
Noise is a multifaceted issue with multiple sources and factors that influence the sound perceived by people and the impact of that sound upon them. Vehicle sound levels are partially dependent on the environment in which the vehicles are used, in particular the quality of the road infrastructure, and therefore a more integrated approach is required. Directive 2002/49/EC requires strategic noise maps to be drawn up periodically as regards, inter alia, major roads. The information presented in those maps could form the basis of future research work regarding environmental noise in general, and road surface noise in particular, as well as best practice guides on technological road quality development and a classification of road surface types, if appropriate.
(14)
The Sixth Community Environment Action Programme (11) set out the framework for environmental policy-making in the Union for the period 2002-2012. That programme called for actions in the field of noise pollution to substantially reduce the number of people regularly affected by long-term average levels of noise, particularly from traffic.
(15)
Technical measures to reduce the sound level of motor vehicles have to comply with a set of competing requirements, such as those of reducing noise and pollutant emissions and improving safety whilst keeping the vehicle in question as cheap and efficient as possible. In attempting to comply with all those requirements equally and strike a balance between them, the vehicle industry all too often runs up against the limits of what is currently technically feasible. Vehicle designers have repeatedly managed to push those limits back by using new, innovative materials and methods. Union law should set a clear framework for innovation that can be achieved in a realistic timeframe. This Regulation establishes such a framework and thus provides an immediate incentive for innovation in keeping with the needs of society, whilst in no way restricting the economic freedom that is vital to the industry.
(16)
Noise pollution is primarily a local problem, but one which calls for a Union-wide solution. The first step in any sustainable noise emissions policy should be to devise measures to reduce sound levels at source. Since the target of this Regulation is the noise source that motor vehicles represent, and given that that noise source is by definition a mobile one, national measures alone are not sufficient.
(17)
The provision of information on sound emissions to consumers and public authorities has the potential to influence purchasing decisions and accelerate the transition to a quieter vehicle fleet. Accordingly, manufacturers should provide information on sound levels of vehicles at the point of sale and in technical promotional material. A label, comparable to the labels used for information on CO2 emissions, fuel-consumption and tyre-noise, should inform consumers about the sound emissions of a vehicle. The Commission should undertake an impact assessment on the labelling conditions applicable to air and noise pollution levels and on consumer information. That impact assessment should take into account the different types of vehicles covered by this Regulation (including pure electric vehicles) as well as the effect that such labelling could have on the vehicle industry.
(18)
In order to reduce road traffic noise, public authorities should be able to put in place measures and incentives to encourage the use of quieter vehicles.
(19)
Environmental benefits from hybrid electric and pure electric vehicles have resulted in a substantial reduction of the noise emitted by such vehicles. That reduction has removed an important source of an audible signal that is relied upon by blind and visually impaired pedestrians and cyclists, amongst other road users, to become aware of the approach, presence or departure of those vehicles. As a consequence, industry is developing Acoustic Vehicle Alerting Systems (AVAS) to compensate for this lack of audible signal in hybrid electric and pure electric vehicles. The performance of such AVAS fitted to vehicles should be harmonised. In developing of those AVAS consideration should be given to the overall impact on noise in communities.
(20)
The Commission should examine the potential of active safety systems in more silent vehicles such as hybrid electric and pure electric vehicles in order to better serve the objective of improving the safety of vulnerable road users in urban areas, such as blind, visually impaired and aurally challenged pedestrians, cyclists and children.
(21)
Vehicle sound levels have a direct impact on the quality of life of Union citizens, in particular in urban areas in which there is little or no electric or underground public transport provision or cycling or walking infrastructure. The target of doubling the number of public transport users that the European Parliament set in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system (12) should also be taken into account. The Commission and the Member States should, in accordance with the subsidiarity principle, promote public transport, walking and cycling, with a view to reducing noise pollution in urban areas.
(22)
A vehicle's sound level is partially dependent on how it is used and how well it is maintained following its purchase. Therefore, steps should be taken to raise public awareness in the Union of the importance of adopting a smooth driving style and keeping within the speed limits in force in each Member State.
(23)
In order to simplify the type-approval legislation of the Union, in line with the 2007 recommendations of the CARS 21 Report, it is appropriate to base this Regulation on UNECE Regulations No 51, with regard to the test method, and No 59 with regard to replacement silencing systems.
(24)
To enable the Commission to adapt certain requirements of Annexes I, IV, VIII and X to this Regulation to technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the amendment of the provisions in those Annexes related to the test methods and sound levels. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(25)
Since the objective of this Regulation, namely to lay down administrative and technical requirements for the EU type-approval of all new vehicles with regard to their sound level and of replacement silencing systems and components thereof type-approved as separate technical units and intended for those vehicles, 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 Regulation does not go beyond what is necessary in order to achieve that objective.
(26)
As a consequence of the application of the new regulatory framework laid down pursuant to this Regulation, Directive 70/157/EEC should be repealed,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes the administrative and technical requirements for the EU type-approval of all new vehicles of the categories referred to in Article 2 with regard to their sound level, and of replacement silencing systems and components thereof type-approved as separate technical units designed and constructed for vehicles of categories M1 and N1 with a view to facilitating their registration, sale and entry into service within the Union.
Article 2
Scope
This Regulation shall apply to vehicles of categories M1, M2, M3, N1, N2 and N3, as defined in Annex II to Directive 2007/46/EC, and to replacement silencing systems and components thereof type-approved as separate technical units designed and constructed for vehicles of categories M1 and N1.
Article 3
Definitions
For the purposes of this Regulation, the definitions laid down in Article 3 of Directive 2007/46/EC apply.
In addition, the following definitions also apply:
(1)
‘type-approval of a vehicle’ means the procedure referred to in Article 3 of Directive 2007/46/EC with regard to sound levels;
(2)
‘vehicle type’ means a category of motor vehicles which do not differ in essential respects such as:
(a)
for vehicles of categories M1, M2 ≤ 3 500 kg, N1 tested in accordance with point 4.1.2.1 of Annex II:
(i)
the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);
(ii)
the type of engine (e.g. positive or compression ignition, two- or four-stroke, reciprocating or rotary piston), number and capacity of cylinders, number and type of carburettors or injection system, arrangement of valves, or the type of electric motor;
(iii)
rated maximum net power and corresponding engine speed(s); however if the rated maximum power and the corresponding engine speed differs only due to different engine mappings, those vehicles may be regarded as of the same type;
(iv)
the silencing system;
(b)
for vehicles of categories M2 3 500 kg, M3, N2, N3 tested in accordance with point 4.1.2.2 of Annex II:
(i)
the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);
(ii)
the type of engine (e.g. positive or compression ignition, two- or four-stroke, reciprocating or rotary piston), number and capacity of cylinders, type of injection system, arrangement of valves, rated engine speed (S), or the type of electric motor;
(iii)
vehicles having the same type of engine and/or different overall gear ratios may be regarded as vehicles of the same type.
However, if the differences in point (b) provide for different target conditions, as described in point 4.1.2.2 of Annex II, those differences shall be regarded as a change of type;
(3)
‘technically permissible maximum laden mass’ (M) means the maximum mass allocated to a vehicle on the basis of its construction features and its design performance; the technically permissible laden mass of a trailer or of a semi-trailer includes the static mass transferred to the towing vehicle when coupled;
(4)
‘rated maximum net power’ (Pn) means the engine power expressed in kW and measured by the UNECE method pursuant to UNECE Regulation No 85 (13).
If the rated maximum net power is reached at several engine speeds, the highest engine speed shall be used;
(5)
‘standard equipment’ means the basic configuration of a vehicle including all features that are fitted without giving rise to any further specifications on configuration or equipment level but equipped with all the features required under the regulatory acts mentioned in Annex IV or Annex XI to Directive 2007/46/EC;
(6)
‘mass of the driver’ means a mass rated at 75 kg located at the driver's seating reference point;
(7)
‘mass of a vehicle in running order’ (mro) means
(a)
in the case of a motor vehicle:
the mass of the vehicle, with its fuel tank(s) filled to at least 90 % of its or their capacity/ies, including the mass of the driver, the fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications and, where they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools;
(b)
in the case of a trailer:
the mass of the vehicle including the fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications, and, when they are fitted, the mass of the bodywork, additional coupling(s), the spare wheel(s) and the tools;
(8)
‘rated engine speed’ (S) means the declared engine speed in min–1 (rpm) at which the engine develops its rated maximum net power pursuant to UNECE Regulation No 85 or, where the rated maximum net power is reached at several engine speeds, the highest one of those speeds;
(9)
‘power to mass ratio index’ (PMR) means a numerical quantity calculated in accordance with the formula set out in point 4.1.2.1.1 of Annex II;
(10)
‘reference point’ means one of the following points:
(a)
in the case of vehicles of categories M1 and N1:
(i)
for front engine vehicles, the front end of the vehicle;
(ii)
for mid engine vehicles, the centre of the vehicle;
(iii)
for rear engine vehicles, the rear end of the vehicle.
(b)
in the case of vehicles of categories M2, M3, N2 and N3, the border of the engine closest to the front of the vehicle.
(11)
‘target acceleration’ means acceleration at a partial throttle condition in urban traffic as derived from statistical investigations;
(12)
‘engine’ means the power source without detachable accessories;
(13)
‘reference acceleration’ means the required acceleration during the acceleration test on the test track;
(14)
‘gear ratio weighting factor’ (k) means a dimensionless numerical quantity used to combine the test results of two gear ratios for the acceleration test and the constant speed test;
(15)
‘partial power factor’ (kP) means a numerical quantity with no dimension used for the weighted combination of the test results of the acceleration test and the constant speed test for vehicles;
(16)
‘pre-acceleration’ means the application of an acceleration control device prior to AA' for the purpose of achieving stable acceleration between AA' and BB' as referred to in Figure 1 of the Appendix to Annex II;
(17)
‘locked gear ratios’ means the control of transmission such that the transmission gear cannot change during a test;
(18)
‘silencing system’ means a complete set of components necessary for limiting the noise produced by an engine and its exhaust;
(19)
‘silencing system of different types’ means silencing systems which significantly differ in respect of at least one of the following:
(a)
trade names or trade marks of their components;
(b)
the characteristics of the materials constituting their components, except for the coating of those components;
(c)
the shape or size of their components;
(d)
the operating principles of at least one of their components;
(e)
the assembly of their components;
(f)
the number of exhaust silencing systems or components;
(20)
‘design family of silencing system or silencing system components’ means a group of silencing systems, or components thereof, in which all of the following characteristics are the same:
(a)
the presence of net gas flow of the exhaust gases through the absorbing fibrous material when in contact with that material;
(b)
the type of the fibres;
(c)
where applicable, binder material specifications;
(d)
average fibre dimensions;
(e)
minimum bulk material packing density in kg/m3;
(f)
maximum contact surface between the gas flow and the absorbing material;
(21)
‘replacement silencing system’ means any part of the silencing system, or components thereof, intended for use on a vehicle, other than a part of the type fitted to the vehicle when submitted for EU type-approval pursuant to this Regulation;
(22)
‘Acoustic Vehicle Alerting System’ (AVAS) means a system for hybrid electric and pure electric vehicles which provides sound to signal the vehicle's presence to pedestrians and other road users;
(23)
‘point of sale’ means a location where vehicles are stored and offered for sale to consumers;
(24)
‘technical promotional material’ means technical manuals, brochures, leaflets and catalogues, whether they appear in printed, electronic or online form, as well as websites, and the purpose of which is to promote vehicles to the general public.
Article 4
General obligations of Member States
1. Subject to the dates of phases of application set out in Annex III to this Regulation and without prejudice to Article 23 of Directive 2007/46/EC, Member States shall refuse, on grounds relating to the permissible sound level, to grant EU type-approval in respect of a type of motor vehicle which does not comply with the requirements of this Regulation.
2. From 1 July 2016, Member States shall refuse, on grounds relating to the permissible sound level, to grant EU type-approval in respect of a type of replacement silencing system, or components thereof, as a separate technical unit which does not comply with the requirements of this Regulation.
Member States shall continue to grant EU type-approval, under the terms of Directive 70/157/EEC, to a replacement silencing system, or components thereof, as a separate technical unit intended for vehicles type-approved before the dates of phases of application set out in Annex III to this Regulation.
3. Subject to the dates of phases of application set out in Annex III to this Regulation, Member States shall, on grounds relating to the permissible sound level, consider certificates of conformity for new vehicles to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of such vehicles where such vehicles do not comply with this Regulation.
4. Member States shall permit, on grounds relating to the permissible sound level, the sale and entry into service of a replacement silencing system, or components thereof, as a separate technical unit, if it conforms to a type in respect of which a EU type-approval has been granted in accordance with this Regulation.
Member States shall permit the sale and entry into service of replacement silencing systems, or components thereof, holding an EU type-approval as a separate technical unit under the terms of Directive 70/157/EEC intended for vehicles type-approved before the dates of phases of application set out in Annex III to this Regulation.
Article 5
General obligations of manufacturers
1. Manufacturers shall ensure that vehicles, their engine and their silencing system are designed, constructed and assembled so as to enable such vehicles, when in normal use, to comply with this Regulation, despite the vibration to which such vehicles are inherently subjected.
2. Manufacturers shall ensure that silencing systems are designed, constructed and assembled so as to be able to reasonably resist the corrosive phenomena to which they are exposed having regard to the conditions of use of vehicles, including regional climate differences.
3. The manufacturer shall be responsible to the approval authority for all aspects of the approval process and for ensuring conformity of production, whether or not the manufacturer is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.
Article 6
Additional sound emission provisions (ASEP)
1. This Article shall apply to vehicles of categories M1 and N1 equipped with an internal combustion engine fitted with original equipment manufacturer silencing systems, as well as to replacement silencing systems intended for such categories of vehicles in accordance with Annex IX.
2. Vehicles and replacement silencing systems shall meet the requirements of Annex VII.
3. Vehicles and replacement silencing systems shall be deemed to comply with the requirements of Annex VII, without further testing, if the manufacturer provides technical documents to the approval authority showing that the difference between the maximum and minimum engine speed of the vehicles at BB' as referred to in Figure 1 of the Appendix to Annex II, for any test condition inside the ASEP control range defined in point 2.3 of Annex VII, with respect to conditions set out in Annex II, does not exceed 0,15 x S.
4. The sound emission of the vehicle or replacement silencing system under typical on-road driving conditions, which are different from those under which the type-approval test set out in Annex II and Annex VII was carried out, shall not deviate from the test result in a significant manner.
5. The manufacturer shall not intentionally alter, adjust, or introduce any mechanical, electrical, thermal, or other device or procedure which is not operational during typical on-road driving conditions solely for the purpose of complying with the sound emission requirements under this Regulation.
6. In the application for type-approval, the manufacturer shall provide a statement, established in accordance with the model set out in the Appendix to Annex VII, that the vehicle type or replacement silencing system to be approved complies with the requirements of this Article.
7. Paragraphs 1 to 6 shall not apply to vehicles of category N1 if one of the following conditions is met:
(a)
the engine capacity does not exceed 660 cm3 and the power-to-mass ratio calculated by using the technically permissible maximum laden mass does not exceed 35;
(b)
the payload is at least 850 kg and the power-to-mass ratio calculated by using the technically permissible maximum laden mass does not exceed 40.
Article 7
Consumer information and labelling
Vehicle manufacturers and distributors shall endeavour to ensure that the sound level of each vehicle in decibels (dB(a)), measured in accordance with this Regulation, is displayed in a prominent position at the point of sale and in technical promotional material.
In the light of the experience gained in the application of this Regulation, the Commission shall, by 1 July 2018 carry out a comprehensive impact assessment on labelling conditions applicable to air and noise pollution levels and on consumer information. The Commission shall report on the findings of that assessment to the European Parliament and to the Council and, if appropriate, submit a legislative proposal.
Article 8
Acoustic Vehicle Alerting System (AVAS)
Manufacturers shall install AVAS meeting the requirements set out in Annex VIII in new types of hybrid electric and pure electric vehicles by 1 July 2019. Manufacturers shall install AVAS in all new hybrid electric and pure electric vehicles by 1 July 2021. Before those dates, where manufacturers choose to install AVAS in vehicles, they shall ensure that those AVAS comply with the requirements set out in Annex VIII.
The Commission shall be empowered to adopt delegated acts in accordance with Article 10 in order to review Annex VIII and to include more detailed requirements on the performance of AVAS or of active safety systems, taking into account the UNECE work on that issue, by 1 July 2017.
Article 9
Amendment of the annexes
The Commission shall be empowered to adopt delegated acts in accordance with Article 10 to amend Annexes I, IV, VIII and X to adapt them to technical progress.
Article 10
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in the second paragraph of Article 8 and in Article 9 shall be conferred on the Commission for a period of five years from 16 June 2014.
3. The delegation of power referred to in the second paragraph of Article 8 and in Article 9 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to the second paragraph of Article 8 or to Article 9 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 11
Revision clause
The Commission shall carry out and publish a detailed study on sound level limits by 1 July 2021. The study shall be based on vehicles meeting the latest regulatory requirements. On the basis of the conclusions of that study, the Commission shall, where appropriate, submit a legislative proposal.
Article 12
Amendments to Directive 2007/46/EC
Annexes IV, VI and XI to Directive 2007/46/EC shall be amended in accordance with Annex XI to this Regulation.
Article 13
Transitional provisions
1. In order to check compliance of the test track as described in point 3.1.1 of Annex II, ISO 10844:1994 may be applied as an alternative to ISO 10844:2011 until 30 June 2019.
2. Vehicles with a serial hybrid drive train, which have a combustion engine with no mechanical coupling to the power train, shall be exempted from the requirements of Article 6 until 30 June 2019.
Article 14
Repeal
1. Without prejudice to the second subparagraph of Article 4(2) and the second subparagraph of Article 4(4), Directive 70/157/EEC is repealed with effect from 1 July 2027.
2. References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XII to this Regulation.
Article 15
Entry into force
1. This Regulation 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 July 2016.
3. Point 3.1.1 of Annex II shall apply from 1 July 2019.
4. Part B of Annex XI shall apply from 1 July 2027.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 16 April 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 191, 29.6.2012, p. 76.
(2) Position of the European Parliament of 6 February 2013 (not yet published in the Official Journal) and position of the Council at first reading of 20 February 2014 (not yet published in the Official Journal). Position of the European Parliament of 2 April 2014 (not yet published in the Official Journal).
(3) Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12).
(4) Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 42, 23.2.1970, p. 16).
(5) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).
(6) Regulation No 51 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their noise emissions (OJ L 137, 30.5.2007, p. 68).
(7) Regulation No 59 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of replacement silencing systems (OJ L 326, 24.11.2006, p. 43).
(8) Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).
(9) Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
(10) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(11) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242, 10.9.2002, p. 1).
(12) OJ C 168 E, 14.6.2013, p. 72.
(13) Regulation No 85 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of internal combustion engines or electric drive trains intended for the propulsion of motor vehicles of categories M and N with regard to the measurement of net power and the maximum 30 minutes power of electric drive trains (OJ L 326, 24.11.2006, p. 55).
LIST OF ANNEXES
Annex I
EU type-approval in respect of the sound level of a vehicle type
Appendix 1:
Information document
Appendix 2:
Model EU type-approval certificate
Annex II
Methods and instruments for measuring the noise made by motor vehicles
Appendix:
Figures
Annex III
Limit values
Annex IV
Silencing systems containing acoustically absorbing fibrous materials
Appendix:
Figure 1 — Test apparatus for conditioning by pulsation
Annex V
Compressed air noise
Appendix:
Figure 1 — Microphone positions for measurement of compressed air noise
Annex VI
Checks on conformity of production for vehicles
Annex VII
Measuring method to evaluate compliance with the Additional Sound Emission Provisions
Appendix:
Model statement of compliance with the Additional Sound Emission Provisions
Annex VIII
Measures concerning the Acoustic Vehicle Alerting System (AVAS)
Annex IX
EU type-approval in respect of the sound level of silencing systems as separate technical units (replacement silencing systems)
Appendix 1:
Information document
Appendix 2:
Model EU type-approval certificate
Appendix 3:
Model for the EU type-approval mark
Appendix 4:
Test apparatus
Appendix 5:
Measuring points — back pressure
Annex X
Checks on conformity of production for replacement silencing system as a separate technical unit
Annex XI
Amendments to Directive 2007/46/EC
Annex XII
Correlation table
ANNEX I
EU TYPE-APPROVAL IN RESPECT OF THE SOUND LEVEL OF A VEHICLE TYPE
1. APPLICATION FOR EU TYPE-APPROVAL OF A VEHICLE TYPE
1.1. The application for EU type-approval pursuant to Article 7(1) and (2) of Directive 2007/46/EC of a vehicle type with regard to its sound level shall be submitted by the vehicle manufacturer.
1.2. A model for the information document is contained in Appendix 1.
1.3. A vehicle representative of the type in respect of which type-approval is sought shall be submitted by the vehicle manufacturer to the technical service responsible for the tests. In selecting the vehicle representative of the type, the technical service responsible for the tests shall do so to the satisfaction of the approval authority. Virtual testing methods may be used to aid decision-making during the selection process.
1.4. At the request of the technical service, a specimen of the silencing system and an engine of at least the same cylinder capacity and rated maximum power as that fitted to the vehicle in respect of which type-approval is sought shall also be submitted.
2. MARKINGS
2.1. The exhaust and intake system components, excluding fixing hardware and pipes, shall bear the following markings:
2.1.1. the trade mark or name of the manufacturer of the systems and their components;
2.1.2. the manufacturer's trade description.
2.2. The markings referred to in points 2.1.1 and 2.1.2 shall be clearly legible and indelible, even when the system is fitted to the vehicle.
3. GRANTING OF EU TYPE-APPROVAL OF A VEHICLE TYPE
3.1. If the relevant requirements are satisfied, EU type-approval pursuant to Article 9(3) and, if applicable, Article 10(4) of Directive 2007/46/EC shall be granted.
3.2. A model for the EU type-approval certificate is contained in Appendix 2.
3.3. An approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each vehicle type approved. The same Member State shall not assign the same number to another vehicle type.
3.3.1. If the vehicle type complies with the limit values of Phase 1 in Annex III, Section 3 of the type-approval number shall be followed by the character ‘A’. If the vehicle type complies with the limit values of Phase 2 in Annex III, Section 3 of the type-approval number shall be followed by the character ‘B’. If the vehicle type complies with the limit values of Phase 3 in Annex III, Section 3 of the type-approval number shall be followed by the character ‘C’.
4. AMENDMENTS TO EU TYPE-APPROVALS
In the case of amendments to the type approved pursuant to this Regulation, Articles 13, 14, 15, 16 and Article 17(4) of Directive 2007/46/EC shall apply.
5. CONFORMITY OF PRODUCTION ARRANGEMENTS
5.1. Measures to ensure the conformity of production arrangements shall be taken in accordance with the requirements laid down in Article 12 of Directive 2007/46/EC.
5.2. Special provisions:
5.2.1. The tests laid down in Annex VI to this Regulation shall correspond to those referred to in point 2.3.5 of Annex X to Directive 2007/46/EC.
5.2.2. The frequency of inspections referred to in point 3 of Annex X to Directive 2007/46/EC shall normally be once every two years.
Appendix 1
Information document No … pursuant to Annex I of Directive 2007/46/EC relating to EU type-approval of a vehicle with respect to the permissible sound level
The following information, if applicable, shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail.
If the systems, components or separate technical units have electronic controls, information concerning their performance shall be supplied.
0. GENERAL
0.1.
Make (trade name of manufacturer):
0.2.
Type:
0.3.
Means of identification of type, if marked on the vehicle (b):
0.3.1.
Location of that marking:
0.4.
Category of vehicle (c):
0.5.
Company name and address of manufacturer:
0.8.
Name(s) and address(es) of assembly plant(s):
0.9.
Name and address of the manufacturer's representative (if any):
1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE
1.1.
Photographs and/or drawings of a representative vehicle:
1.3.
Number of axles and wheels (4):
1.3.3.
Powered axles (number, position, interconnection):
1.6.
Position and arrangement of the engine:
2. MASSES AND DIMENSIONS (f) (g) (7) (IN KG AND MM) (REFER TO DRAWING WHERE APPLICABLE)
2.4.
Range of vehicle dimensions (overall):
2.4.1.
For chassis without bodywork:
2.4.1.1.
Length (g5):
2.4.1.2.
Width (g7):
2.4.2.
For chassis with bodywork:
2.4.2.1.
Length (g5):
2.4.2.2.
Width (g7):
2.6.
Mass in running order (h)
(a)
minimum and maximum for each variant:
(b)
mass of each version (a matrix shall be provided):
2.8.
Technically permissible maximum laden mass stated by the manufacturer (i) (3):
3. POWER PLANT (q)
3.1.
Manufacturer of the engine:
3.1.1.
Manufacturer's engine code (as marked on the engine, or other means of identification):
3.2.
Internal combustion engine
3.2.1.1.
Working principle: positive ignition/compression ignition, cycle four-stroke/two-stroke/rotary (1)
3.2.1.2.
Number and arrangement of cylinders:
3.2.1.2.3.
Firing order:
3.2.1.3.
Engine capacity (m): … cm3
3.2.1.8.
Maximum net power (n): … kW at … min–1 (manufacturer's declared value)
3.2.4.
Fuel feed
3.2.4.2.
By fuel injection (compression ignition only): yes/no (1)
3.2.4.2.2.
Working principle: Direct injection/pre-chamber/swirl chamber (1)
3.2.4.2.4.
Governor
3.2.4.2.4.1.
Type:
3.2.4.2.4.2.1.
Speed at which cut-off starts under load: … min–1
3.2.4.3.
By fuel injection (positive ignition only): yes/no (1)
3.2.4.3.1.
Working principle: Intake manifold (single-/multi-point (1))/direct injection/other (specify) (1)
3.2.8.
Intake system
3.2.8.1.
Pressure charger: yes/no (1)
3.2.8.4.2.
Air filter, drawings: or
3.2.8.4.2.1.
Make(s):
3.2.8.4.2.2.
Type(s):
3.2.8.4.3.
Intake silencer, drawings: or
3.2.8.4.3.1.
Make(s):
3.2.8.4.3.2.
Type(s):
3.2.9.
Silencing system
3.2.9.2.
Description and/or drawing of the silencing system:
3.2.9.4.
Exhaust silencer(s):
Type, marking of exhaust silencer(s):
Where relevant for exterior noise, reducing measures in the engine compartment and on the engine:
3.2.9.5.
Location of the exhaust outlet:
3.2.9.6.
Exhaust silencer containing fibrous materials:
3.2.12.2.1.
Catalytic convertor: yes/no (1)
3.2.12.2.1.1.
Number of catalytic convertors and elements (provide the information below for each separate unit):
3.2.12.2.6.
Particulate trap: yes/no (1)
3.3.
Electric motor
3.3.1.
Type (winding, excitation):
3.3.1.1.
Maximum hourly output: … kW
3.3.1.2.
Operating voltage: … V
3.4.
Engines or motors or combinations thereof
3.4.1.
Hybrid electric vehicle: yes/no (1)
3.4.2.
Category of hybrid electric vehicle: off-vehicle charging/non off-vehicle charging (1)
3.4.3
Operating mode switch: with/without (1)
3.4.3.1.
Selectable modes
3.4.3.1.1.
Pure electric: yes/no (1)
3.4.3.1.2.
Pure fuel consuming: yes/no (1)
3.4.3.1.3.
Hybrid modes: yes/no (1) (if yes, short description):
3.4.5.
Electric motor (describe each type of electric motor separately)
3.4.5.1.
Make:
3.4.5.2.
Type:
3.4.5.4.
Maximum power: … kW
4. TRANSMISSION (P)
4.2.
Type (mechanical, hydraulic, electric, etc.):
4.6.
Gear ratios
Gear
Internal gearbox ratios
(ratios of engine to gearbox output shaft revolutions)
Final drive ratio(s)
(ratio of gearbox output shaft to driven wheel revolutions)
Total gear ratios
Maximum for CVT (1)
…
Minimum for CVT (1)
Reverse
4.7.
Maximum vehicle design speed (in km/h) (q):
6. SUSPENSION
6.6.
Tyres and wheels
6.6.1.
Tyre/wheel combination(s)
(a)
for tyres indicate size designation, load-capacity index and speed category symbol,
(b)
for wheels indicate rim size(s) and off-set(s).
6.6.2.
Upper and lower limits of rolling radii
6.6.2.1.
Axle 1:
6.6.2.2.
Axle 2:
6.6.2.3.
Axle 3:
6.6.2.4.
Axle 4:
etc.
9. BODYWORK
9.1.
Type of bodywork using the codes defined in Part C of Annex II to Directive 2007/46/EC:
9.2.
Materials used and method of construction:
12. MISCELLANEOUS
12.5.
Details of any non-engine devices designed to reduce noise (if not covered by other items):
Date:
Signed:
Position in company:
(1) Continuously variable transmission
Appendix 2
Model EU type-approval certificate
(Maximum Format: A4 (210 × 297 mm))
Stamp of approval authority
Communication concerning the
type-approval (1)
extension of type-approval (1)
refusal of type-approval (1)
withdrawal of type-approval (1)
of a type of a vehicle with regard to the sound level (Regulation (EU) No 540/2014).
Type-approval number:
Reason for extension:
SECTION I
0.1.
Make (trade name of manufacturer):
0.2.
Type:
0.3.
Means of identification of type if marked on the vehicle (2):
0.3.1.
Location of that marking:
0.4.
Category of vehicle (3):
0.5.
Company name and address of manufacturer:
0.8.
Name(s) and address(es) of assembly plant(s):
0.9.
Name and address of the manufacturer's representative (if any):
SECTION II
1.
Additional information (where applicable): See Addendum
2.
Technical service responsible for carrying out the tests:
3.
Date of test report:
4.
Number of test report:
5.
Remarks (if any): See Addendum
6.
Place:
7.
Date:
8.
Signature:
Attachments:
Information package
Test report (for systems)/Test results (for whole vehicles)
(1) Delete where not applicable.
(2) If the means of identification of type contains characters not relevant to describe the vehicle types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol:‘?’ (e.g. ABC??123??).
(3) As defined in Annex IIA to Directive 2007/46/EC.
Addendum
to EU type-approval certificate No …
1. Additional information
1.1.
Power plant
1.1.1.
Manufacturer of the engine:
1.1.2.
Manufacturer's engine code:
1.1.3.
Maximum net power (g): … kW at … min -1 or maximum continuous rated power (electric motor) … kW (1)
1.1.4.
Pressure charger(s), make and type:
1.1.5.
Air filter, make and type:
1.1.6.
Intake silencer(s), make and type:
1.1.7.
Exhaust silencer(s), make and type:
1.1.8.
Catalyst(s), make and type:
1.1.9.
Particulate trap(s), make and type:
1.2.
Transmission
1.2.1.
Type (mechanical, hydraulic, electric, etc.):
1.3.
Non-engine devices designed to reduce noise:
2. Test results
2.1.
Sound level of moving vehicle: … dB(A)
2.2.
Sound level of stationary vehicle: … dB(A) at … min-1
2.2.1.
Sound level of compressed air, service brake: … dB(A)
2.2.1.
Sound level of compressed air, parking brake: … dB(A)
2.2.1.
Sound level of compressed air, during the pressure regulator actuation: … dB(A)
2.3.
Data to facilitate in-use compliance test of hybrid electric vehicles, where an internal combustion engine cannot operate when the vehicle is stationary
2.3.1.
Gear (i) or position of the gear selector chosen for the test:
2.3.2.
Position of the operating switch during measurement Lwot,(i) (if switch is fitted)
2.3.3.
Pre-acceleration length lPA … m
2.3.4.
Vehicle speed at the beginning of the acceleration … km/h
2.3.5.
Sound pressure level Lwot,(i) … dB(A)
3. Remarks:
(1) Delete where not applicable.
ANNEX II
METHODS AND INSTRUMENTS FOR MEASURING THE NOISE MADE BY MOTOR VEHICLES
1. METHODS OF MEASUREMENT
1.1. The noise made by the vehicle type submitted for EU type-approval shall be measured by the two methods described in this Annex for the vehicle in motion and for the vehicle when stationary. In the case of a hybrid electric vehicle where an internal combustion engine cannot operate when the vehicle is stationary, the emitted noise shall only be measured in motion.
Vehicles having a technically permissible maximum laden mass exceeding 2800 kg shall be subjected to an additional measurement of the compressed air noise with the vehicle stationary in accordance with the specifications of Annex V, if the corresponding brake equipment is part of the vehicle.
1.2. The values measured in accordance with the tests set out in point 1.1 of this Annex shall be entered in the test report and on a form conforming to the model contained in Appendix 2 to Annex I.
2. MEASURING INSTRUMENTS
2.1. Acoustic measurements
The apparatus used for measuring the sound level shall be a precision sound-level meter or equivalent measurement system meeting the requirements of class 1 instruments (inclusive of the recommended windscreen, if used). Those requirements are described in ‘IEC 61672-1:2002: Precision sound level meters’, second edition, of the International Electrotechnical Commission (IEC).
Measurements shall be carried out using the ‘fast’ response of the acoustic measurement instrument and the ‘A’ weighting curve also described in ‘IEC 61672-1:2002’. When using a system that includes a periodic monitoring of the A-weighted sound pressure level, a reading shall be made at a time interval not greater than 30 ms (milliseconds).
The instruments shall be maintained and calibrated in accordance with the instructions of the instrument manufacturer.
2.2. Compliance with requirements
Compliance of the acoustic measurement instrumentation shall be verified by the existence of a valid certificate of compliance. A certificate of compliance shall be deemed to be valid if certification of compliance with the standards was conducted within the previous 12-month period for the sound calibration device and within the previous 24-month period for the instrumentation system. All compliance testing shall be conducted by a laboratory, which is authorised to perform calibrations traceable to the appropriate standards.
2.3. Calibration of the entire Acoustic Measurement System for measurement session
At the beginning and at the end of every measurement session, the entire acoustic measurement system shall be checked by means of a sound calibrator that complies with the requirements for sound calibrators of precision class 1 as set out in IEC 60942: 2003. Without any further adjustment the difference between the readings shall be less than or equal to 0,5 dB. If that value is exceeded, the results of the measurements obtained after the previous satisfactory check shall be discarded.
2.4. Instrumentation for speed measurements
The engine speed shall be measured with instrumentation having an accuracy of ± 2 % or better at the engine speeds required for the measurements being performed.
The road speed of the vehicle shall be measured with instrumentation having an accuracy of at least ± 0,5 km/h, when using continuous measurement devices.
If testing uses independent measurements of speed, this instrumentation shall meet specification limits of at least ± 0,2 km/h.
2.5. Meteorological instrumentation
The meteorological instrumentation used to monitor the environmental conditions during the test shall include the following devices, which meet at least the accuracies listed below:
—
temperature measuring device, ± 1 °C;
—
wind speed-measuring device, ± 1,0 m/s;
—
barometric pressure measuring device, ± 5 hPa;
—
a relative humidity measuring device, ± 5 %.
3. CONDITIONS OF MEASUREMENT
3.1. Test Site and ambient conditions
3.1.1. The surface of the test track and the dimensions of the test site shall be in accordance with ISO 10844:2011. The surface of the site shall be free of powdery snow, tall grass, loose soil or cinders. There shall be no obstacle which could affect the sound field within the vicinity of the microphone and the sound source. The observer carrying out the measurements shall so position himself as not to affect the readings of the measuring instrument.
3.1.2. Measurements shall not be made under adverse weather conditions. It shall be ensured that the results are not affected by gusts of wind.
The meteorological instrumentation shall be positioned adjacent to the test area at a height of 1,2 m ± 0,02 m. The measurements shall be made when the ambient air temperature is between + 5 °C and + 40 °C.
The tests shall not be carried out if the wind speed, including gusts, at microphone height exceeds 5 m/s, during the noise measurement interval.
A value representative of temperature, wind speed and direction, relative humidity, and barometric pressure shall be recorded during the noise measurement interval.
Any noise peak which appears to be unrelated to the characteristics of the general sound level of the vehicle shall be ignored in taking the readings.
The background noise shall be measured for a duration of 10 seconds immediately before and after a series of vehicle tests. The measurements shall be made with the same microphones and microphone locations used during the test. The A-weighted maximum noise pressure level shall be reported.
The background noise (including any wind noise) shall be at least 10 dB below the A-weighted noise pressure level produced by the vehicle under test. If the difference between the ambient noise and the measured noise is between 10 and 15 dB(A), the appropriate correction shall be subtracted from the readings on the noise-level meter in order to calculate the test results, as in the following table:
Difference between ambient noise and noise to be measured dB(A)
Correction dB(A)
0,5
0,4
0,3
0,2
0,1
0,0
3.2. Vehicle
3.2.1. The vehicle tested shall be representative of vehicles to be put on the market and selected by the manufacturer in agreement with the technical service, to comply with the requirements of this Regulation. Measurements shall be made without any trailer, except in the case of non-separable vehicles. At the request of the manufacturer, measurements may be made on vehicles with lift axle(s) in a raised position.
Measurements shall be made on vehicles at the test mass mt specified in accordance with the following table:
Vehicle Category
Vehicle test mass (mt)
M1
mt = mro
N1
mt = mro
N2, N3
mt = 50 kg per kW rated engine power
Extra loading to reach the test mass of the vehicle shall be placed above the driven rear axle(s). The extra loading is limited to 75 % of the technically permissible maximum laden mass allowed for the rear axle. The test mass shall be achieved with a tolerance of ± 5 %.
If the centre of gravity of the extra loading cannot be aligned with the centre of the rear axle, the test mass of the vehicle shall not exceed the sum of the front axle and the rear axle load in unladen condition plus the extra loading.
The test mass for vehicles with more than two axles shall be the same as for a two-axle vehicle.
M2, M3
mt = mro — mass of the crew member (if applicable)
or, if the tests are carried out on an incomplete vehicle not having bodywork,
mt = 50 kg per kW rated engine power respectively in compliance with conditions above (see category N2, N3).
3.2.2. At the applicant's request, the vehicle of a category M2, M3, N2 or N3 shall be deemed representative of its completed type if the tests are carried out on an incomplete vehicle not having bodywork. In the test of an incomplete vehicle, all relevant soundproofing materials, panels and noise reduction components and systems shall be fitted on the vehicle as designed by the manufacturer except a part of bodywork which is built at a later stage.
No new test shall be required due to the fitting of a supplement fuel tank or re-location of the original fuel tank on the condition that other parts or structures of the vehicle apparently affecting sound emissions have not been altered.
3.2.3. Tyre rolling sound emissions are laid down in Regulation (EC) No 661/2009. The tyres to be used for the test shall be representative for the vehicle and shall be selected by the vehicle manufacturer and recorded in Addendum to Appendix 2 to Annex I to this Regulation. They shall correspond to one of the tyre sizes designated for the vehicle as original equipment. The tyre is or will be commercially available on the market at the same time as the vehicle (1). The tyres shall be inflated to the pressure recommended by the vehicle manufacturer for the test mass of the vehicle. The tyres shall have at least 1,6 mm tread depth.
3.2.4. Before the measurements are started, the engine shall be brought to its normal operating conditions.
3.2.5. If the vehicle is fitted with more than two-wheel drive, it shall be tested in the drive which is intended for normal road use.
3.2.6. If the vehicle is fitted with one or more fans having an automatic actuating mechanism, this system shall not be interfered with during the measurements.
3.2.7. If the vehicle is equipped with a silencing system containing fibrous materials, the exhaust system is to be conditioned before the test in accordance with Annex IV.
4. METHODS OF TESTING
4.1. Measurement of noise of vehicles in motion
4.1.1. General test conditions
Two lines, AA' and BB', parallel to line PP' and situated respectively 10 m forward and 10 m rearward of line PP' shall be marked out on the test runway.
At least four measurements shall be made on each side of the vehicle and for each gear. Preliminary measurements may be made for adjustment purposes, but shall be disregarded.
The microphone shall be located at a distance of 7,5 m ± 0,05 m from the reference line CC' of the track and 1,2 m ± 0,02 m above the ground.
The reference axis for free field conditions (see IEC 61672-1:2002) shall be horizontal and directed perpendicularly towards the path of the vehicle line CC'.
4.1.2. Specific test conditions for vehicles
4.1.2.1. Vehicles of category M1, M2 ≤ 3 500 kg, N1
The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, from the approach to line AA' until the rear of the vehicle passes line BB'. If the vehicle is fitted with more than two-wheel drive, it shall be tested in the drive selection which is intended for normal road use.
If the vehicle is fitted with an auxiliary manual transmission or a multi-gear axle, the position used for normal urban driving shall be used. In all cases, the gear ratios for slow movements, parking or braking shall be excluded.
The test mass of the vehicle shall be that set out in the Table in point 3.2.1.
The test speed vtest is 50 km/h ± 1 km/h. The test speed shall be reached when the reference point is at line PP'.
4.1.2.1.1. Power to mass ratio index (PMR)
PMR is calculated using the following formula:
PMR = (Pn/mt) × 1 000 where Pn is measured in kW and mt is measured in kg in accordance with point 3.2.1 of this Annex.
PMR, with no dimension, is used for the calculation of acceleration.
4.1.2.1.2. Calculation of acceleration
Acceleration calculations are applicable to M1, N1 and M2 ≤ 3 500 kg categories only.
All accelerations are calculated using different speeds of the vehicle on the test track. The formulae given are used for the calculation of awot i, awot i+1 and awot test. The speed either at AA' or PP' is defined as the vehicle speed when the reference point passes AA' (vAA') or PP' (vPP'). The speed at BB' is defined when the rear of the vehicle passes BB' (vBB'). The method used for calculating the acceleration shall be indicated in the test report.
Due to the definition of the reference point for the vehicle, the length of the vehicle (lveh) is considered differently in the formula below. If the reference point is in the front of the vehicle, then l = lveh, mid: l = 1/2 lveh and rear: l = 0.
4.1.2.1.2.1 The calculation procedure for vehicles with manual transmission, automatic transmission, adaptive transmissions and continuous variable transmissions (CVTs) tested with locked gear ratios is as follows:
awot test = ((vBB'/3,6)2 – (vAA'/3,6)2)/(2*(20+l))
awot test used in the determination of gear selection shall be the average of the four awot test, i during each valid measurement run.
Pre-acceleration may be used. The point of depressing the accelerator before line AA' shall be reported in the test report.
4.1.2.1.2.2. The calculation procedure for vehicles with automatic transmissions, adaptive transmissions and CVTs tested with non-locked gear ratios is as follows:
awot test used in the determination of gear selection shall be the average of the four awot test, i during each valid measurement run.
Where devices or measures described in point 4.1.2.1.4.2 can be used to control transmission operation for the purpose of achieving test requirements, awot test shall be calculated using the following formula:
awot test = ((vBB'/3,6)2 – (vAA'/3,6)2)/(2*(20+l))
Pre-acceleration may be used:
Where devices or measures described in point 4.1.2.1.4.2 are not used, awot test shall be calculated using the following formula:
awot_testPP-BB = ((vBB'/3,6)2 – (vPP'/3,6)2)/(2*(10+l))
awot_test PP-BB : acceleration between point PP and BB
Pre-acceleration shall not be used.
The location of depressing the accelerator shall be where the reference point of the vehicle passes line AA'.
4.1.2.1.2.3 Target acceleration
The target acceleration a urban defines the typical acceleration in urban traffic and is derived from statistical investigations. It is a function depending on the PMR of a vehicle.
The target acceleration a urban shall be calculated using the following formula:
a urban = 0,63 * log10 (PMR) – 0,09
4.1.2.1.2.4. Reference acceleration
The reference acceleration awot ref defines the required acceleration during the acceleration test on the test track. It is a function depending on the PMR of a vehicle. That function is different for specific vehicle categories.
The reference acceleration awot ref shall be calculated using the following formula:
a wot ref = 1,59 * log10 (PMR) –1,41 for PMR ≥ 25
a wot ref = a urban = 0,63 * log10 (PMR) – 0,09 for PMR 25
4.1.2.1.3. Partial power factor kP
The partial power factor kP (see point 4.1.3.1) is used for the weighted combination of the test results of the acceleration test and the constant speed test for vehicles of category M1 and N1.
In cases other than a single gear test, a wot ref shall be used instead of a wot test (see point 4.1.3.1).
4.1.2.1.4. Gear ratio selection
The selection of gear ratios for the test depends on their specific acceleration potential awot under full throttle condition, in accordance with the reference acceleration awot ref required for the full throttle acceleration test.
Some vehicles may have different software programs or modes for the transmission (e.g. sporty, winter, adaptive). Where the vehicle has different modes leading to valid accelerations, the vehicle manufacturer shall prove to the satisfaction of the technical service, that the vehicle is tested in the mode which achieves an acceleration closest to a wot ref.
4.1.2.1.4.1. Vehicles with manual transmissions, automatic transmissions, adaptive transmissions or CVTs tested with locked gear ratios
The following conditions for selection of gear ratios are possible:
(a)
if one specific gear ratio gives an acceleration in a tolerance band of ± 5 % of the reference acceleration awot ref, not exceeding 2,0 m/s2, test with that gear ratio.
(b)
if none of the gear ratios give the required acceleration, then choose a gear ratio i, with an acceleration higher and a gear ratio i + 1, with an acceleration lower than the reference acceleration. If the acceleration value in gear ratio i does not exceed 2,0 m/s2, use both gear ratios for the test. The weighting ratio in relation to the reference acceleration awot ref is calculated by:
k = (a wot ref – a wot (i+1))/(a wot (i) – a wot (i+1))
(c)
if the acceleration value of gear ratio i exceeds 2,0 m/s2, the first gear ratio that gives an acceleration below 2,0 m/s2 shall be used unless gear ratio i + 1 provides an acceleration less than aurban. In this case, two gears, i and i + 1 shall be used, including the gear i with the acceleration exceeding 2,0 m/s2. In other cases, no other gear shall be used. The achieved acceleration awot test during the test shall be used for the calculation of the partial power factor kP instead of awot ref.
(d)
if the vehicle has a transmission in which there is only one selection for the gear ratio, the acceleration test shall be carried out in this vehicle gear selection. The achieved acceleration is then used for the calculation of the partial power factor kP instead of awot ref.
(e)
if rated engine speed is exceeded in a gear ratio before the vehicle passes BB' the next higher gear shall be used.
4.1.2.1.4.2. Vehicles with automatic transmission, adaptive transmissions and CVTs tested with non-locked gear ratios
The gear selector position for full automatic operation shall be used.
The acceleration value awot test shall be calculated as defined in point 4.1.2.1.2.2.
The test may then include a gear change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration is not allowed. A gear shifting to a gear ratio which is not used in urban traffic shall be avoided.
Therefore, it shall be permitted to establish and use electronic or mechanical devices, including alternate gear selector positions, to prevent a downshift to a gear ratio which is typically not used at the specified test condition in urban traffic.
The achieved acceleration awot test shall be greater or equal to aurban.
If possible, the manufacturer shall take measures to avoid an acceleration value awot test greater than 2,0 m/s2.
The achieved acceleration a wot test shall then be used for the calculation of the partial power factor kp (see point 4.1.2.1.3) instead awot ref.
4.1.2.1.5. Acceleration test
The manufacturer shall define the position of the reference point in front of line AA' of fully depressing the accelerator. The accelerator shall be fully depressed (as rapidly as is practicable) when the reference point of the vehicle reaches the defined point. The accelerator shall be kept in this depressed condition until the rear of the vehicle reaches line BB'. The accelerator shall then be released as rapidly as possible. The point of fully depressing the accelerator shall be reported in the test report. The technical service shall have the possibility of pre-testing.
In the case of articulated vehicles consisting of two non-separable units regarded as a single vehicle, the semi-trailer shall be disregarded in determining when line BB' is crossed.
4.1.2.1.6. Constant speed test
The constant speed test shall be carried out with the same gear(s) specified for the acceleration test and a constant speed of 50 km/h with a tolerance of ± 1 km/h between AA' and BB'. During the constant speed test, the acceleration control shall be positioned to maintain a constant speed between AA' and BB' as specified. If the gear is locked for the acceleration test, the same gear shall be locked for the constant speed test.
The constant speed test is not required for vehicles with a PMR 25.
4.1.2.2. Vehicles of categories M2 3 500 kg, M3, N2, N3
The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, from the approach to line AA' until the rear of the vehicle passes line BB'. The test shall be conducted without a trailer or semi-trailer. If a trailer is not readily separable from the towing vehicle, the trailer shall not be taken into consideration when assessing the crossing of line BB'. If the vehicle incorporates equipment such as a concrete mixer, a compressor, etc., this equipment shall not be in operation during the test. The test mass of the vehicle shall be set out in the table set out in point 3.2.1.
Target conditions of category M2 3 500 kg, N2
When the reference point passes line BB', the engine speed nBB' shall be between 70 % and 74 % of speed S, at which the engine develops its rated maximum power, and the vehicle speed shall be 35 km/h ± 5 km/h. Between line AA' and line BB' a stable acceleration condition shall be ensured.
Target conditions of category M3, N3:
When the reference point passes line BB', the engine speed nBB' shall be between 85 % and 89 % of speed S, at which the engine develops its rated maximum power, and the vehicle speed shall be 35 km/h ± 5 km/h. Between line AA' and line BB' a stable acceleration condition shall be ensured.
4.1.2.2.1. Gear ratio selection
4.1.2.2.1.1. Vehicles with manual transmissions
Stable acceleration conditions shall be ensured. The gear choice shall be determined by the target conditions. If the difference in speed exceeds the given tolerance, then two gears shall be tested, one above and one below the target speed.
If more than one gear fulfils the target conditions, the gear which is closest to 35 km/h shall be used. If no gear fulfils the target condition for vtest, two gears shall be tested, one above and one below vtest. The target engine speed shall be reached under all conditions.
A stable acceleration condition shall be ensured. If a stable acceleration cannot be ensured in a gear, that gear shall be disregarded.
4.1.2.2.1.2. Vehicles with automatic transmissions, adaptive transmissions and CVTs
The gear selector position for full automatic operation shall be used. The test may then include a gear change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration shall not be permitted. A gear shifting to a gear ratio which is not used in urban traffic, at the specified test condition, shall be avoided. Therefore, it shall be permitted to establish and use electronic or mechanical devices to prevent a downshift to a gear ratio which is typically not used at the specified test condition in urban traffic.
If the vehicle includes a transmission design, which provides only a single gear selection (drive), which limits engine speed during the test, the vehicle shall be tested using only a target vehicle speed. If the vehicle uses an engine and transmission combination that does not comply with the requirements set out in point 4.1.2.2.1.1, the vehicle shall be tested using only the target vehicle speed. The target vehicle speed (vBB') for the test is = 35 km/h ± 5km/h. A gear change to a higher range and a lower acceleration is allowed after the reference point of the vehicle passes line PP'. Two tests shall be performed, one with the end speed of vtest = vBB' + 5 km/h, and one with the end speed of vtest = vBB' – 5 km/h. The reported sound level shall be the result of the test with the highest engine speed obtained during the test from AA' to BB'.
4.1.2.2.2. Acceleration test
When the reference point of the vehicle reaches the line AA' the accelerator control shall be fully depressed (without operating the automatic downshift to a lower range than normally used in urban driving) and held fully depressed until the rear of the vehicle passes BB', but the reference point shall be at least 5 m behind BB'. The accelerator control shall then be released.
In the case of articulated vehicles consisting of two non-separable units regarded as a single vehicle, the semi-trailer shall be disregarded in determining when line BB' is crossed.
4.1.3. Interpretation of results
The maximum A-weighted sound pressure level indicated during each passage of the vehicle between the two lines AA' and BB' shall be noted. If a noise peak obviously out of character with the general sound pressure level is observed, the measurement shall be discarded. At least four measurements for each test condition shall be made on each side of the vehicle and for each gear ratio. Left and right side may be measured simultaneously or sequentially. The first four valid consecutive measurement results, within 2 dB(A), allowing for the deletion of non valid results (see point 3.1), shall be used for the calculation of the final result for the given side of the vehicle. The results of each side shall be averaged separately. The intermediate result is the higher value of the two averages mathematically rounded to the first decimal place.
The speed measurements at AA', BB', and PP' shall be noted and used in calculations to the first significant digit after the decimal place.
The calculated acceleration awot test shall be noted to the second digit after the decimal place.
4.1.3.1. Vehicles of categories M1, N1 and M2 ≤ 3 500 kg
The calculated values for the acceleration test and the constant speed test are given by:
Lwot rep = Lwot (i+1) + k * (Lwot(i) – Lwot (i+1))
Lcrs rep = Lcrs(i+1) + k * (Lcrs (i) – Lcrs (i+1))
Where k = (awot ref – awot (i+1))/(awot (i) – awot (i+1))
In the case of a single gear ratio test, the values are the test result of each test.
The final result is calculated by combining Lwot rep and Lcrs rep. The equation is:
Lurban = Lwot rep – kP * (Lwot rep – Lcrs rep)
The weighting factor kP, gives the partial power factor for urban driving. In cases other than a single gear test kP is calculated by:
kP = 1 – (aurban/awot ref)
If only one gear was specified for the test kP is given by:
kP = 1 – (aurban/awot test)
In cases where awot test is less than aurban:
kP = 0
4.1.3.2. Vehicles of categories M2 3 500 kg, M3, N2, N3
When one gear is tested, the final result shall be equal to the intermediate result. When two gears are tested the arithmetic mean of the intermediate results shall be calculated.
4.2. Measurement of noise emitted by stationary vehicles
4.2.1. Sound level in the vicinity of vehicles
The measurement results shall be entered into the test report referred to in the Addendum to Appendix 2 to Annex I.
4.2.2. Acoustic measurements
A precision sound level meter, or equivalent measuring system, as defined in point 2.1 shall be used for the measurements
4.2.3. Test site — local conditions as referred to in Figures 2 and 3a to 3d of the Appendix.
4.2.3.1. In the vicinity of the microphone, there shall be no obstacle that could influence the acoustical field and no person shall remain between the microphone and the noise source. The meter observer shall be positioned so as not to influence the meter reading.
4.2.4. Disturbance sound and wind interference
Readings on the measuring instruments produced by ambient noise and wind shall be at least 10 dB(A) below the sound level to be measured. A suitable windscreen may be fitted to the microphone provided that account is taken of its effect on the sensitivity of the microphone (see point 2.1).
4.2.5. Measuring method
4.2.5.1. Nature and number of measurements
The maximum sound level expressed in A-weighted decibels (dB(A)) shall be measured during the operating period referred to in point 4.2.5.3.2.1.
At least three measurements shall be taken at each measuring point.
4.2.5.2. Positioning and preparation of the vehicle
The vehicle shall be located in the centre part of the test area with the gear selector in the neutral position and the clutch engaged. If the design of the vehicle does not allow this, the vehicle shall be tested in conformity with the manufacturer's prescriptions for stationary engine testing. Before each series of measurements, the engine shall be brought to its normal operating condition, as specified by the manufacturer.
If the vehicle is fitted with a fan or fans having an automatic actuating mechanism, this system shall not be interfered with during the sound level measurements.
The engine hood or compartment cover, if so fitted, shall be closed.
4.2.5.3. Measuring of noise in proximity to the exhaust as referred to in Figure 2 and Figures 3a to 3d of the Appendix.
4.2.5.3.1. Positions of the microphone
4.2.5.3.1.1. The microphone shall be located at a distance of 0,5 m ± 0,01 m from the reference point of the exhaust pipe defined in Figure 2 and Figures 3a to 3d of the Appendix, and at an angle of 45°(± 5°) to the flow axis of the pipe termination. The microphone shall be at the height of the reference point, but not less than 0,2 m from the ground surface. The reference axis of the microphone shall lie in a plane parallel to the ground surface and shall be directed toward the reference point on the exhaust outlet. If two microphone positions are possible, the location farthest laterally from the vehicle longitudinal centreline shall be used. If the flow axis of the exhaust outlet pipe is at 90° to the vehicle longitudinal centreline, the microphone shall be located at the point, which is farthest from the engine.
4.2.5.3.1.2. For vehicles having an exhaust provided with outlets spaced more than 0,3 m apart, measurements shall be made for each outlet. The highest level shall be recorded.
4.2.5.3.1.3. In the case of an exhaust provided with two or more outlets spaced less than 0,3 m apart and which are connected to the same silencer, only one measurement shall be made; the microphone position is related to the outlet nearest to one extreme edge of the vehicle or, when such outlet does not exist, to the outlet which is the highest above the ground.
4.2.5.3.1.4. For vehicles with a vertical exhaust (e.g. commercial vehicles) the microphone shall be placed at the height of the exhaust outlet. Its axis shall be vertical and oriented upwards. It shall be placed at a distance of 0,5 m ± 0,01 m from the exhaust pipe reference point, but never less than 0,2 m from the side of the vehicle nearest to the exhaust.
4.2.5.3.1.5. For exhaust outlets located under the vehicle body, the microphone shall be located a minimum of 0,2 m from the nearest part of the vehicle, at a point closest to, but never less than 0,5 m from the exhaust pipe reference point, and at a height of 0,2 m above the ground, and not in line with the exhaust flow. If it is not physically possible, the angularity requirement in point 4.2.5.3.1.1 need not be met.
4.2.5.3.1.6. Examples of the position of the microphone, depending on the location of the exhaust pipe, are given in Figures 3a-3d of the Appendix.
4.2.5.3.2. Operating conditions of the engine
4.2.5.3.2.1. Target engine speed
—
75 % of the engine speed S for vehicles with a rated engine speed ≤ 5 000 min-1
—
3 750 min-1 for vehicles with a rated engine speed above 5 000 min-1 and below 7 500 min-1
—
50 % of the engine speed S for vehicles with a rated engine speed ≥ 7 500 min-1.
If the vehicle cannot reach such engine speed, the target engine speed shall be 5 % below the maximum possible engine speed for that stationary test.
4.2.5.3.2.2. Test procedure
The engine speed shall be gradually increased from idle to the target engine speed, not exceeding a tolerance band of ± 3 % of the target engine speed, and held constant. Then the throttle control shall be rapidly released and the engine speed shall return to idle. The sound level shall be measured during a period of operation consisting of maintaining constant engine speed of 1 second and throughout the entire deceleration period. The maximum sound level meter reading during this period of operation, mathematically rounded to the first decimal place, shall be taken as the test value.
4.2.5.3.2.3. Test validation
The measurement shall be regarded as valid if the test engine speed does not deviate from the target engine speed by more than ± 3 % for at least 1 second.
4.2.6. Results
At least three measurements for each test position shall be made. The maximum A-weighted sound pressure level indicated during each of the three measurements shall be recorded. The first three valid consecutive measurement results, within 2 dB(A), allowing for the deletion of non valid results (taking into account the specifications of the test site as referred to in point 3.1), shall be used for the determination of the final result for the given measurement position. The maximum sound level, for all measurement positions, and of the three measurement results, shall constitute the final result.
5. Noise from hybrid electric vehicles of categories M1 in motion, where an internal combustion engine cannot operate when the vehicle is stationary (data reported to facilitate testing of the vehicle in use).
5.1. In order to facilitate in-use compliance testing of hybrid electric vehicles — where an internal combustion engine cannot operate when the vehicle is stationary — the following information relating to the sound-pressure level measurements carried out in accordance with point 4.1 of Annex II for the motor vehicles in motion is referred to as in-use compliance reference data:
(a)
gear (i) or, for vehicles tested with non-locked gear ratios, the position of the gear selector chosen for the test;
(b)
position of the operating switch during measurement of the sound pressure level Lwot,(i) (if switch is fitted).
(c)
pre-acceleration length lPA in m;
(d)
average vehicle speed in km/h at the beginning of the full throttle acceleration for tests in gear (i); and
(e)
sound pressure level Lwot,(i) in dB(A) of the wide-open-throttle tests in gear (i), defined as the maximum of the two values resulting from averaging the individual measurement results at each microphone position separately.
5.2. The in-use compliance reference data shall be entered in the EU type-approval certificate as specified in point 2.3 of the Addendum to Appendix 2 to Annex I.
(1) Given that the tyre contribution for overall sound emission is significant, regard must be had for existing regulatory provisions concerning tyre/road sound emissions. Traction tyres, snow tyres and special-use tyres as defined in paragraph 2 of UNECE Regulation No 117 shall be excluded during type-approval and conformity of production measurements at the request of the manufacturer in accordance with UNECE Regulation No 117 (OJ L 307, 23.11.2011, p. 3).
Appendix
Figures
T
=
top view
S
=
side view
A
=
metered pipe
B
=
bent down pipe
C
=
straight pipe
D
=
vertical pipe
=
reference point
=
road surface
Figures 3 a — d
:
Examples of the position of the microphone, depending on the location of the exhaust pipe
ANNEX III
LIMIT VALUES
The sound level measured in accordance with the provisions of Annex II, mathematically rounded to the nearest integer value, shall not exceed the following limits:
Vehicle category
Description of vehicle category
Limit values expressed in dB(A)
[decibels (A)]
Phase 1 applicable for new vehicle types from 1 July 2016
Phase 2 applicable for new vehicle type from 1 July 2020 and for first registration from 1 July 2022
Phase 3 applicable for new vehicle type from 1 July 2024 and for first registration from 1 July 2026
M
Vehicles used for the carriage of passengers
M1
power to mass ratio
≤ 120 kW/1 000 kg
72 (1)
70 (1)
68 (1)
M1
120 kW/1 000 kg power to mass ratio ≤ 160 kW/1 000 kg
M1
160 kW/1 000 kg power to mass ratio
M1
power to mass ratio 200 kW/1 000 kg
number of seats ≤ 4
R point of driver seat ≤ 450 mm from the ground
M2
mass ≤ 2 500 kg
M2
2500 kg mass ≤ 3 500 kg
M2
3500 kg mass ≤ 5 000 kg;
rated engine power ≤ 135 kW
M2
3500 kg mass ≤ 5 000 kg;
rated engine power 135 kW
M3
rated engine power ≤ 150 kW
73 (2)
M3
150 kW rated engine power ≤ 250 kW
76 (2)
M3
rated engine power 250 kW
77 (2)
N
Vehicles used for the carriage of goods
N1
mass ≤ 2 500 kg
N1
2 500 kg mass ≤ 3 500 kg
N2
rated engine power ≤ 135 kW
75 (2)
74 (2)
N2
rated engine power 135 kW
76 (2)
75 (2)
N3
rated engine power ≤ 150 kW
76 (2)
N3
150 kW rated engine power ≤ 250 kW
77 (2)
N3
rated engine power 250 kW
79 (2)
Limit values shall be increased by 1dB (2 dB(A) for N3 and M3 categories) for vehicles that meet the relevant definition for off-road vehicles set out in point 4 of Part A of Annex II to Directive 2007/46/EC.
For M1 vehicles the increased limit values for off-road vehicles are only valid if the technically permissible maximum laden mass 2 tonnes.
Limit values shall be increased by 2 db(A) for wheelchair accessible vehicles and armoured vehicles, as defined in Annex II to Directive 2007/46/EC.
(1) M1 vehicles derived from N1 vehicles:
M1 vehicles with an R point 850 mm from the ground and a total permissible laden mass more than 2 500 kg have to fulfil the limit values of N1 (2 500 kg mass ≤ 3 500 kg).
(2) + two years for new vehicle type and + one year for new vehicles registration.
ANNEX IV
SILENCING SYSTEMS CONTAINING ACOUSTICALLY ABSORBING FIBROUS MATERIALS
1. GENERAL
Sound absorbing fibrous materials may be used in silencing systems, or components thereof, where either of the following conditions are fulfilled:
(a)
the exhaust gas is not in contact with the fibrous materials; or
(b)
the silencing system, or components thereof, are of the same design family as systems or components for which it has been proven, in the course of EU type-approval process in accordance with the requirements of this Regulation for another vehicle-type, that they are not subject to deterioration.
Where neither the condition in point (a) nor in point (b) of the first subparagraph is fulfilled, the complete silencing system, or components thereof, shall be submitted to a conventional conditioning using one of three installations and procedures described in points 1.1, 1.2 and 1.3.
For the purposes of point (b) of the first subparagraph, a group of silencing system, or components thereof, shall be considered as being of the same design family when all of the following characteristics are the same:
(a)
the presence of net gas flow of the exhaust gases through the absorbing fibrous material when in contact with that material;
(b)
the type of the fibres;
(c)
where applicable, binder material specifications;
(d)
average fibre dimensions;
(e)
minimum bulk material packing density in kg/m3;
(f)
maximum contact surface between the gas flow and the absorbing material.
1.1. Continuous road operation for 10 000 km.
1.1.1. 50 ± 20 % of this operation shall consist of urban driving and the remaining operation shall be long-distance runs at high speed; continuous road operation may be replaced by a corresponding test-track programme.
1.1.2. The two speed regimes shall be alternated at least twice.
1.1.3. The complete test programme shall include a minimum of 10 breaks of at least three hours duration in order to reproduce the effects of cooling and any condensation which may occur.
1.2. Conditioning on a test bench
1.2.1. Using standard parts and observing the vehicle manufacturer's instructions, the silencing system, or components thereof, shall be fitted to the vehicle referred to in point 1.3 of Annex I or the engine referred to in point 1.4 of Annex I. In the case of the vehicle referred to in point 1.3 of Annex I, the vehicle shall be mounted on a roller dynamometer. In the case of an engine referred to in point 1.4 of Annex I, the engine shall be coupled to a dynamometer.
1.2.2. The test shall be conducted in six six-hour periods with a break of at least 12 hours between each period in order to reproduce the effects of cooling and any condensation which may occur.
1.2.3. During each six-hour period, the engine shall be run, under the following conditions in turn:
(a)
five minutes at idling speed;
(b)
one-hour sequence under 1/4 load at 3/4 of rated maximum speed (S);
(c)
one-hour sequence under 1/2 load at 3/4 of rated maximum speed (S);
(d)
10-minute sequence under full load at 3/4 of rated maximum speed (S);
(e)
15-minute sequence under 1/2 load at rated maximum speed (S);
(f)
30-minute sequence under 1/4 load at rated maximum speed (S).
Total duration of the six sequences: three hours.
Each period shall comprise two sequenced sets of those conditions in consecutive order from (a) to (f).
1.2.4. During the test, the silencing system, or components thereof, shall not be cooled by a forced draught simulating normal airflow around the vehicle. Nevertheless, at the request of the manufacturer, the silencing system or components thereof may be cooled in order not to exceed the temperature recorded at its inlet when the vehicle is running at maximum speed.
1.3. Conditioning by pulsation
1.3.1. The silencing system or components thereof shall be fitted to the vehicle referred to in point 1.3 of Annex I or the engine referred to in point 1.4 of Annex I. In the former case the vehicle shall be mounted on a roller dynamometer.
In the second case, the engine shall be mounted on a dynamometer. The test apparatus, a detailed diagram of which is shown in Figure 1 of the Appendix to this Annex shall be fitted at the outlet of the silencing system. Any other apparatus providing equivalent results shall be acceptable.
1.3.2. The test apparatus shall be adjusted in such a way that the exhaust-gas flow is alternatively interrupted and re-established by the quick-action valve for 2 500 cycles.
1.3.3. The valve shall open when the exhaust-gas back pressure, measured at least 100 mm downstream of the intake flange, reaches a value of between 0,35 and 0,40 kPa. It shall close when this pressure does not differ by more than 10 % from its stabilized value with the valve open.
1.3.4. The time-delay switch shall be set for the duration of gas exhaust resulting from the provisions laid down in point 1.3.3.
1.3.5 Engine speed shall be 75 % of the speed (S) at which the engine develops maximum power.
1.3.6. The power indicated by the dynamometer shall be 50 % of the full-throttle power measured at 75 % of engine speed (S).
1.3.7. Any drain holes shall be closed off during the test.
1.3.8. The entire test shall be completed within 48 hours.
If necessary, one cooling period shall be observed after each hour.
Appendix
ANNEX V
COMPRESSED AIR NOISE
1. METHOD OF MEASUREMENT
The measurement is performed at microphone positions 2 and 6 as shown in Figure 1 of the Appendix, with the vehicle stationary. The highest A-weighted sound level shall be registered during venting the pressure regulator and during ventilating after the use of both the service and parking brakes.
The noise during venting the pressure regulator is measured with the engine at idling speed. The ventilating noise is registered while operating the service and parking brakes; before each measurement, the air-compressor unit has to be brought up to the highest permissible operating pressure, and then the engine switched off.
2. EVALUATION OF THE RESULTS
For all microphone positions two measurements are taken. In order to compensate for inaccuracies of the measuring equipment, the metre reading is reduced by 1 dB(A), and the reduced value is taken as the result of measurement. The results are taken as valid if the difference between the measurements at one microphone position does not exceed 2 dB(A). The highest value measured is taken as the result. If this value exceeds the sound level limit by 1 dB(A), two additional measurements are to be taken at the corresponding microphone position. In this case, three out of the four results of measurement obtained at this position have to comply with the sound level limit.
3. LIMITING VALUE
The sound level shall not exceed the limit of 72 dB(A).
Appendix
Figure 1: Microphone positions for measurement of compressed air noise
The measurement is performed at the stationary vehicle in accordance with Figure 1, using two microphone positions at a distance of 7 m from the contour of the vehicles and at 1,2 m above ground.
ANNEX VI
CHECKS ON CONFORMITY OF PRODUCTION FOR VEHICLES
1. GENERAL
The requirements of this Annex are consistent with the test to be held to check conformity of production (COP) in accordance with point 5 of Annex I.
2. TESTING PROCEDURE
The test site and measuring instruments shall be those described in Annex II.
2.1. The vehicle(s) under test shall be subjected to the test for measurement of sound of vehicle in motion set out in point 4.1 of Annex II.
2.2. Compressed air noise
Vehicles having a technically permissible maximum laden mass exceeding 2800 kg and equipped with compressed air systems shall be subjected to the additional test for measurement of the compressed air noise set out in point 1 of Annex V.
2.3. Additional sound emission provisions
The vehicle manufacturer shall assess the compliance with ASEP by an appropriate evaluation or may perform the test described in Annex VII.
3. SAMPLING AND EVALUATION OF THE RESULTS
One vehicle has to be chosen and subjected to the tests set out in point 2 of this Annex. If the sound level of the vehicle tested does not exceed by more than 1 dB(A) the limit value set out in Annex III, and, where appropriate, point 3 of Annex V, the vehicle type shall be considered to conform to the requirements of this Regulation.
If one of the test results does not comply with the COP requirements of Annex X to Directive 2007/46/EC, two more vehicles of the same type shall be tested pursuant to point 2 of this Annex.
If the test results for the second and the third vehicle comply with the COP requirements of Annex X to Directive 2007/46/EC, the vehicle is considered in compliance with the COP.
If one of the test results of the second or third vehicle does not comply with the COP requirements of Annex X to Directive 2007/46/EC, the vehicle type shall be considered not to conform to the requirements of this Regulation and the manufacturer shall take the necessary measures to re-establish the conformity.
ANNEX VII
MEASURING METHOD TO EVALUATE COMPLIANCE WITH THE ADDITIONAL SOUND EMISSION PROVISIONS
1. GENERAL
This Annex describes a measuring method to evaluate compliance of the vehicle with the additional sound emission provisions (ASEP) set out in Article 7.
It is not mandatory to perform actual tests when applying for EU type-approval. The manufacturer shall sign the declaration of compliance set out in the Appendix. The approval authority may ask for additional information about the declaration of compliance and carry out the tests described below.
The procedure set out in this Annex requires the performance of a test in accordance with Annex II. The test specified in Annex II shall be carried out on the same test track under conditions similar to those required in the tests prescribed in this Annex.
2. MEASURING METHOD
2.1 Measuring instruments and condition of measurements
Unless otherwise specified, the measuring instruments, the conditions of the measurements and the condition of the vehicle are equivalent to those specified in points 2 and 3 of Annex II.
If the vehicle has different modes that affect sound emission, all modes shall comply with the requirements of this Annex. In the case where the manufacturer has performed tests to prove to the approval authority compliance with those requirements, the modes used during those tests shall be reported in a test report.
2.2. Method of testing
Unless otherwise specified, the conditions and procedures of points 4.1 to 4.1.2.1.2.2 of Annex II shall be used. For the purpose of this Annex, single test runs shall be measured and evaluated.
2.3. Control range
Operation conditions are as follows:
Vehicle speed VAA ASEP:
vAA ≥ 20 km/h
Vehicle acceleration awot ASEP
awot ≤ 5,0 m/s2
Engine speed nBB ASEP
nBB ≤ 2,0 * PMR–0,222 * s or
nBB ≤ 0,9 * s, whichever is the lowest
Vehicle speed VBB ASEP:
if nBB ASEP is reached in one gear
vBB ≤ 70 km/h
in all other cases
vBB ≤ 80 km/h
gears
K ≤ gear ratio i as determined in Annex II
If the vehicle, in the lowest valid gear, does not achieve the maximum engine speed below 70 km/h, the vehicle speed limit is 80 km/h.
2.4. Gear ratios
The ASEP requirements apply to every gear ratio K that leads to test results within the control range as defined in point 2.3 of this Annex.
In case of vehicles with automatic transmissions, adaptive transmissions and CVTs tested with non-locked gear ratios, the test may include a gear ratio change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration is not allowed. A gear shift which leads to a condition that is not in compliance with the boundary conditions shall be avoided. In such a case, it is permitted to establish and use electronic or mechanical devices, including alternate gear selector positions. In order for the ASEP test to be representative and repeatable (to the approval authority), the vehicles shall be tested using production gearbox calibration.
2.5. Target conditions
The sound emission shall be measured in each valid gear ratio at the four test points as specified below.
The first test point P1 is defined by using an entry speed vAA of 20 km/h. If a stable acceleration condition cannot be achieved, the speed shall be increased in steps of 5 km/h until a stable acceleration is reached.
The fourth test point P4 is defined by the maximum vehicle speed at BB' in that gear ratio within the boundary conditions in accordance with point 2.3.
The other two test points are calculated using the following formula:
Test Point Pj: vBB_j = vBB_1 + ((j – 1)/3) * (vBB_4 – vBB_1) for j = 2 and 3
Where:
vBB_1
=
vehicle speed at BB' of test point P1
vBB_4
=
vehicle speed at BB' of test point P4
Tolerance for vBB_j: ±3 km/h
For all test points the boundary conditions as specified in point 2.3 shall be met.
2.6. Test of the vehicle
The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, starting from the approach to line AA' until the rear of the vehicle passes line BB'.
At line AA' the accelerator shall be fully depressed. To achieve a more stable acceleration or to avoid a down shift between line AA' and BB' pre-acceleration before line AA' may be used. The accelerator shall be kept in depressed condition until the rear of the vehicle reaches line BB'.
For every separate test run, the following parameters shall be determined and noted:
The maximum A-weighted sound pressure level of both sides of the vehicle, indicated during each passage of the vehicle between the two lines AA' and BB', shall be mathematically rounded to the first decimal place (Lwot,kj). If a sound peak obviously out of character with the general sound pressure level is observed, the measurement shall be discarded. Left and right side may be measured simultaneously or separately.
The vehicle speed readings at AA' and BB' shall be reported with the first significant digit after the decimal place (vAA,kj; vBB,kj).
If applicable, the engine speed readings at AA' and BB' shall be reported as a full integer value (nAA,kj; nBB,kj).
The calculated acceleration shall be determined in accordance to the formula in point 4.1.2.1.2 of Annex II and reported to the second digit after the decimal place (awot,test,kj).
3. ANALYSIS OF RESULTS
3.1. Determination of the anchor point for each gear ratio
For measurements in gear i and lower, the anchor point consists of the maximum sound level Lwoti, the reported engine speed nwoti and vehicle speed vwoti at BB' of gear ratio i of the acceleration test in Annex II.
Lanchor,i
=
Lwoti,Annex II
nanchor,i
=
nBB,woti,Annex II
vanchor,i
=
vBB,woti,Annex II
For measurements in gear i+1 the anchor point consists of the maximum sound level Lwoti+1, the reported engine speed nwoti+1 and vehicle speed vwoti+1 at BB' of gear ratio i+1 of the acceleration test in Annex II.
Lanchor,i+1
=
Lwoti+1,Annex II
nanchor,i+1
=
nBB,woti+1,Annex II
vanchor,i+1
=
vBB,woti+1,Annex II
3.2. Slope of the regression line for each gear
The sound measurements shall be evaluated as a function of engine speed in accordance with point 3.2.1.
3.2.1. Calculation of the slope of the regression line for each gear
The linear regression line is calculated using the anchor point and the four correlated additional measurements.
(in dB/1 000 min-1)
Withand
where nj = engine speed measured at line BB'
3.2.2. Slope of the regression line for each gear
The Slopek of a particular gear for the further calculation is the derived result of the calculation in point 3.2.1 rounded to the first decimal place, but not higher than 5 dB/1 000 min–1.
3.3. Calculation of the linear sound level increase expected for each measurement
The sound level LASEP,kj for measurement point j and gear k shall be calculated using the engine speeds measured for each measurement point, using the slope specified in point 3.2 to the specific anchor point for each gear ratio.
For nBB_k,j ≤ nanchor,k:
LASEP_k,j = Lanchor_k + (Slopek – Y) * (nBB_k,j – nanchor,k)/1 000
For nBB_k,j nanchor,k:
LASEP_k,j = Lanchor_k + (Slopek + Y) * (nBB_k,j – nanchor,k)/1 000
Where Y = 1
3.4. Samples
On request of the approval authority two additional runs within the boundary conditions in accordance with point 2.3 shall be carried out.
4. INTERPRETATION OF RESULTS
Every individual noise measurement shall be evaluated.
The sound level of every specified measurement point shall not exceed the limits given below:
Lkj ≤ LASEP_k.j + x
With:
x
=
3 dB(A) for vehicle with a non-lockable automatic transmission or non-lockable CVT
x
=
2 dB(A) + limit value – Lurban of Annex II for all other vehicles
If the measured sound level at a point exceeds the limit, two additional measurements at the same point shall be carried out to verify the measurement uncertainty. The vehicle is still in compliance with ASEP, if the average of the three valid measurements at this specific point fulfils the specification.
5. REFERENCE SOUND ASSESSMENT
The reference sound is assessed at a single point in one discrete gear, simulating an acceleration condition starting with an entry speed at vaa equal to 50 km/h and assuming an exit speed at vbb equal to 61 km/h. The sound compliance at this point can either be calculated using the results of point 3.2.2 and the specification below or be evaluated by direct measurement using the gear as specified below.
5.1 The determination of gear K is as follows:
K
=
3 for all manual transmission and for automatic transmission with up to 5 gears;
K
=
4 for automatic transmission with 6 or more gears
If no discrete gears are available, e.g. for non-lockable automatic transmissions or non-lockable CVTs, the gear ratio for further calculation shall be determined from the acceleration test result in Annex II using the reported engine speed and vehicle speed at line BB'.
5.2. Determination of reference engine speed nref_K
The reference engine speed, nref_K, shall be calculated using the gear ratio of gear K at the reference speed of vref = 61 km/h.
5.3. Calculation of Lref
Lref = Lanchor_K + SlopeK * (nref_K – nanchor_K)/1 000
Lref shall be less than or equal to 76 dB(A).
For vehicles fitted with a manual gear box having more than four forward gears and equipped with an engine developing a rated maximum net power greater than 140 kW and having a rated maximum net power/maximum-mass ratio greater than 75 kW/t, Lref shall be less than or equal to 79 dB(A).
For vehicles fitted with an automatic gear box having more than four forward gears and equipped with an engine developing a rated maximum net power greater than 140 kW and having a rated maximum net power/maximum-mass ratio greater than 75 kW/t, Lref shall be less than or equal to 78 dB(A).
6. EVALUATION OF ASEP USING THE PRINCIPLE OF L urban
6.1 General
This evaluation procedure is an alternative selected by the manufacturer to the procedure described in point 3 of this Annex and is applicable to all vehicle technologies. The manufacturer shall be responsible for determining the correct manner of testing. Unless otherwise specified, all testing and calculation shall be as specified in Annex II.
6.2. Calculation of Lurban ASEP
From any Lwot ASEP as measured in accordance with this Annex, Lurban ASEP shall be calculated as follows:
(a)
calculate awot test ASEP as specified in point 4.1.2.1.2.1 or point 4.1.2.1.2.2 of Annex II, as applicable;
(b)
determine the vehicle speed (VBB ASEP) at BB' during the Lwot ASEP test;
(c)
calculate kP ASEP as follows:
kP ASEP = 1 – (aurban/awot test ASEP)
Test results where awot test ASEP are less than aurban shall be disregarded.
(d)
calculate Lurban measured ASEP as follows:
Lurban measured ASEP =
Lwot ASEP – kP ASEP * (Lwot ASEP – Lcrs)
For further calculation, use the Lurban from Annex II without rounding, including the digit after the decimal (xx.x).
(e)
calculate Lurban normalized as follows:
Lurban normalized = Lurban measured ASEP – Lurban
(f)
calculate Lurban ASEP as follows:
Lurban ASEP =
Lurban normalized – (0,15 * (VBB ASEP – 50))
(g)
compliance with sound level limits:
Lurban ASEP shall be less than or equal to 3,0 dB.
Appendix
Model statement of compliance with the Additional Sound Emission Provisions
(Maximum format: A4 (210 × 297 mm))
(Name of manufacturer) attests that vehicles of this type (type with regard to its sound emission pursuant to Regulation (EU) No 540/2014) comply with the requirements of Article 7 of Regulation (EU) No 540/2014.
(Name of manufacturer) makes this statement in good faith, after having performed an appropriate evaluation of the sound emission performance of the vehicles.
Date:
Name of authorized representative:
Signature of authorized representative:
ANNEX VIII
MEASURES CONCERNING THE ACOUSTIC VEHICLE ALERTING SYSTEM (AVAS)
This Annex sets out measures concerning the Acoustic Vehicle Alerting System (AVAS) for hybrid electric and pure electric vehicles.
AVAS
1. System performance
If AVAS is installed on a vehicle, it shall comply with the requirements referred to below.
2. Operation conditions
(a) Sound generation method
The AVAS shall automatically generate a sound in the minimum range of vehicle speed from start up to approximately 20 km/h and during reversing. Where the vehicle is equipped with an internal combustion engine that is in operation within the vehicle speed range defined above, the AVAS shall not generate a sound.
For vehicles having a reversing sound warning device, it is not necessary for the AVAS to generate a sound whilst reversing.
(b) Switch
The AVAS shall be fitted with a switch which is easily accessible by the vehicle driver in order to allow engaging and disengaging. Upon restarting the vehicle, AVAS shall default to the switched on position.
(c) Attenuation
The AVAS sound level may be attenuated during periods of vehicle operation.
3. Sound type and volume
(a) The sound to be generated by the AVAS shall be a continuous sound that provides information to the pedestrians and other road users of a vehicle in operation. The sound should be easily indicative of vehicle behaviour and should sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine.
(b) The sound to be generated by the AVAS shall be easily indicative of vehicle behaviour, for example, through the automatic variation of sound level or characteristics in synchronization with vehicle speed.
(c) The sound level generated by the AVAS shall not exceed the approximate sound level of a vehicle of the M1 category equipped with an internal combustion engine and operating under the same conditions.
ANNEX IX
EU TYPE-APPROVAL IN RESPECT OF THE SOUND LEVEL OF SILENCING SYSTEMS AS SEPARATE TECHNICAL UNITS (REPLACEMENT SILENCING SYSTEMS)
1. APPLICATION FOR EU TYPE-APPROVAL
1.1. The application of EU type-approval pursuant to Article 7(1) and (2) of Directive 2007/46/EC in respect of a replacement silencing system, or components thereof, as a separate technical unit intended for vehicles of categories M1 and N1 shall be submitted by the vehicle manufacturer or the manufacturer of the separate technical unit in question.
1.2. A model for the information document is contained in Appendix 1.
1.3. At the request of the technical service concerned, the applicant shall submit:
1.3.1 two examples of the system in respect of which application for EU type-approval has been made,
1.3.2. a silencing system of the type originally fitted to the vehicle when EU type-approval was granted,
1.3.3. a vehicle representative of the type to which the system is to be fitted, which meets the requirements of point 2.1 of Annex VI,
1.3.4. a separate engine corresponding to the type of vehicle described.
2. MARKINGS
2.4.1. The replacement silencing system, or components thereof, excluding fixing hardware and pipes shall bear:
2.4.1.1. the trade mark or trade name of the manufacturer of the replacement silencing system and its components,
2.4.1.2. the manufacturer's trade description.
2.4.2. These marks shall be clearly legible and indelible, even when the system is fitted to the vehicle.
3. GRANTING OF EU TYPE-APPROVAL
3.1. If the relevant requirements are satisfied, EU type-approval pursuant to Article 9(3) and, if applicable, Article 10(4) of Directive 2007/46/EC shall be granted.
3.2. A model for the EU type-approval certificate is contained in Appendix 2.
3.3. A type-approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each type of replacement silencing system, or components thereof, approved as a separate technical unit; section 3 of the type-approval number shall indicate the number of this Regulation. Furthermore, if the replacement silencing system is intended to be fitted on vehicle types complying with the limit values of Phase 1 in Annex III only, section 3 of the type-approval number shall be followed by the character ‘A’. If the replacement silencing system is intended to be fitted on vehicle types complying with the limit values of Phase 2 in Annex III only, section 3 of the type- approval number shall be followed by the character ‘B’. If the replacement silencing system is intended to be fitted on vehicle types complying with the limit values of Phase 3 in Annex III, section 3 of the type- approval number shall be followed by the character ‘C’. The same Member State shall not assign the same number to another type of replacement silencing system, or components thereof.
4. EU TYPE-APPROVAL MARK
4.1. Every replacement silencing system, or components thereof, excluding fixing hardware and pipes, conforming to a type approved under this Regulation shall bear an EU type-approval mark.
4.2. The EU type-approval mark shall consist of a rectangle surrounding the lower case letter ‘e’ followed by the distinguishing letter(s) or number of the Member State which has granted the approval:
‘1’ for Germany
‘2’ for France
‘3’ for Italy
‘4’ for the Netherlands
‘5’ for Sweden
‘6’ for Belgium
‘7’ for Hungary
‘8’ for the Czech Republic
‘9’ for Spain
‘11’ for the United Kingdom
‘12’ for Austria
‘13’ for Luxembourg
‘17’ for Finland
‘18’ for Denmark
‘19’ for Romania
‘20’ for Poland
‘21’ for Portugal
‘23’ for Greece
‘24’ for Ireland
‘25’ for Croatia
‘26’ for Slovenia
‘27’ for Slovakia
‘29’ for Estonia
‘32’ for Latvia
‘34’ for Bulgaria
‘36’ for Lithuania
‘49’ for Cyprus
‘50’ for Malta
It shall also include in the vicinity of the rectangle the ‘base approval number’ contained in section 4 of the type-approval number referred to in Annex VII to Directive 2007/46/EC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to this Regulation which was applicable at the time of the vehicle type-approval. For this Regulation in its original form, the sequence number is 00. Furthermore, that sequence number shall be preceded by the character ‘A’ if the replacement silencing system is intended to be fitted on vehicle types complying with the limit values of Phase 1 in Annex III only, or the character ‘B’ if the replacement silencing system is intended to be fitted on vehicle types complying with the limit values of Phase 2 in Annex III only, or the character ‘C’ if the replacement silencing system is intended to be fitted on vehicle types complying with the limit values of Phase 3 in Annex III.
4.3. The mark shall be clearly legible and indelible even when the replacement silencing system, or components thereof, is fitted to the vehicle.
4.4. A model for the EU type-approval mark is contained in Appendix 3.
5. SPECIFICATIONS
5.1. General specifications
5.1.1. The replacement silencing system, or components thereof, shall be designed, constructed and capable of being mounted so as to ensure that the vehicle complies with this Regulation under normal conditions of use, notwithstanding any vibrations to which it may be subject.
5.1.2. The silencing system, or components thereof, shall be designed, constructed and capable of being mounted so that reasonable resistance to the corrosion phenomenon to which it is exposed is obtained having regard to the conditions of use of the vehicle.
5.1.3. Additional prescriptions related to tamperability and manually adjustable multi-mode exhaust or silencing systems
5.1.3.1. All exhaust or silencing systems shall be constructed in a way that does not easily permit removal of baffles, exit-cones and other parts whose primary function is as part of the silencing/expansion chambers. Where incorporation of such a part is unavoidable, its method of attachment shall be such that removal is not facilitated easily (e.g. with conventional threaded fixings) and shall also be attached such that removal causes permanent/irrecoverable damage to the assembly.
5.1.3.2. Exhaust or silencing systems with multiple, manually adjustable operating modes shall meet all requirements in all operating modes. The reported sound levels shall be those resulting from the mode with the highest sound levels.
5.2. Specifications regarding sound levels
5.2.1. Conditions of measurement
5.2.1.1. The noise test of the silencing system and the replacement silencing system has to be executed with the same normal tyres, as defined in paragraph 2 of UNECE Regulation No 117. At the request of the manufacturer, the tests shall not be done with traction tyres, special use tyres or snow tyres, as defined in paragraph 2 of UNECE Regulation No 117. Such tyres could increase the sound level of the vehicle or would have a masking effect on the noise reduction performance comparison. The tyres may be of used condition but shall satisfy legal requirements for in-traffic use.
5.2.2. The noise reduction performance of the replacement silencing system, or components thereof, shall be verified by means of the methods described in point 1 of Annex II. In particular, for the application of this point, reference shall be made to the amendment level of this Regulation which was in force at the time of type-approval of the new vehicle.
(a)
Measurement with running vehicle
When the replacement silencing system, or components thereof, is mounted on the vehicle described in point 1.3.3, the sound levels obtained shall satisfy one of the following conditions:
(i)
the value measured (rounded to the nearest integer) shall not exceed by more than 1 dB(A) the type-approval value obtained under this Regulation with the type of vehicle concerned;
(ii)
the value measured (before any rounding to the nearest integer) shall not exceed by more than 1 dB(A) the noise value measured (before any rounding to the nearest integer) on the vehicle described in point 1.3.3., when this is fitted with a silencing system corresponding to the type fitted to the vehicle when submitted for type-approval under this Regulation.
Where back-to-back comparison of the replacement silencing system with the original system is chosen, for the application of point 4.1.2.1.4.2 and/or point 4.1.2.2.1.2 of Annex II, it is allowed to have a gear change to higher accelerations and the use of electronic or mechanical devices to prevent this downshift is not mandatory. If under these conditions the sound level of the test vehicle becomes higher than the COP values, the technical service will decide on the representativeness of the test vehicle.
(b)
Measurement with stationary vehicle
When the replacement silencing system, or components thereof, is mounted on the vehicle described in point 1.3.3, the sound levels obtained shall satisfy one of the following conditions:
(i)
the value measured (rounded to the nearest integer) shall not exceed by more than 2 dB(A) the type-approval value obtained under this Regulation with the type of vehicle concerned;
(ii)
the value measured (before any rounding to the nearest integer) shall not exceed by more than 2 dB(A) the noise value measured (before any rounding to the nearest integer) on the vehicle described in point 1.3.3, when this is fitted with a silencing system corresponding to the type fitted to the vehicle when submitted for type-approval under this Regulation.
5.2.3. Further to the requirements of Annex II, any replacement silencing system, or components thereof, has to fulfil the applicable specifications of Annex VII. For replacement silencing systems intended for vehicles type approved in accordance with Directive 70/157/EEC the requirements of Annex VII as well as the specifications of points 5.2.3.1 to 5.2.3.3 of this Annex do not apply.
5.2.3.1. Where the replacement silencing system, or components thereof, is a system or components with variable geometry, in the application for type-approval the manufacturer shall provide a statement in conformity with the Appendix to Annex VII that the silencing system type to be approved complies with the requirements of point 5.2.3 of this Annex. The approval authority may require any relevant test to verify the compliance of the silencing system type to the additional sound emission provisions.
5.2.3.2. Where the replacement silencing system, or components thereof, is not a system with variable geometry, it is sufficient in the application for type-approval that the manufacturer provides a statement in conformity with the Appendix to Annex VII that the silencing system type to be approved complies with the requirements of point 5.2.3 of this Annex.
5.2.3.3. The compliance statement shall read as follows: ‘(Name of the manufacturer) attests that the silencing system of this type complies with the requirements of point 5.2.3 of Annex IX to Regulation (EU) No 540/2014. (Name of the manufacturer) makes this statement in good faith, after having performed an appropriate engineering evaluation of the sound emission performance over the applicable range of operating conditions.’
5.3. Measurement of the vehicle performances
5.3.1. The replacement silencing system, or components thereof, shall be such as to ensure that vehicle performance is comparable with that achieved with the original equipment silencing system or components thereof.
5.3.2. The replacement silencing system or, depending on the manufacturer's choice, the components of that system shall be compared with an original silencing system, or components thereof, which are also in new condition, successively mounted on the vehicle mentioned in point 1.3.3.
5.3.3. The verification shall be carried out by measuring the back pressure pursuant to point 5.3.4.
The value measured with the replacement silencing system shall not exceed the value measured with the original silencing system by more than 25 % under the conditions mentioned below.
5.3.4. Test method
5.3.4.1. Test method with engine
The measurements shall be conducted on the engine referred to in point 1.3.4 coupled to a dynamometer. With the throttle completely open, the bench shall be adjusted so as to obtain the engine speed (S) corresponding to the rated maximum power of the engine.
For the measurement of back pressure, the distance at which the pressure tap shall be placed from the exhaust manifold is indicated in Appendix 5.
5.3.4.2. Test method with vehicle
The measurements shall be carried out on the vehicle referred to point 1.3.3. The test shall be conducted either on the road or on a roller dynamometer.
With the throttle completely open, the engine shall be loaded so as to obtain the engine speed corresponding to the rated maximum power of the engine (engine speed S).
For the measurement of back pressure, the distance at which the pressure tap shall be placed from the exhaust manifold is indicated in Appendix 5.
5.4. Additional specifications regarding replacement silencing systems, or components thereof, containing acoustically absorbing fibrous materials
5.4.1. General
Sound absorbing fibrous materials may only be used in silencing systems, or components thereof, where any of the following conditions are fulfilled:
(a)
the exhaust gas is not in contact with the fibrous materials;
(b)
the silencing system, or the components thereof, are of the same design family as systems, or components thereof, for which it has been proven, in the course of the type-approval process in accordance with the requirements of this Regulation, that they are not subject to deterioration.
Unless one of those conditions is fulfilled, the complete silencing system, or components thereof, shall be submitted to conventional conditioning using one of the three installations and procedures described below.
For the purposes of point (b) of the first subparagraph, a group of silencing system or silencing system components thereof shall be considered as being of the same design family when all of the following characteristics are the same:
(a)
the presence of net gas flow of the exhaust gases through the absorbing fibrous material when in contact with that material;
(b)
the type of the fibres;
(c)
where applicable, binder material specifications;
(d)
average fibre dimensions;
(e)
minimum bulk material packing density in kg/m3;
(f)
maximum contact surface between the gas flow and the absorbing material;
5.4.1.1. Continuous road operation for 10 000 km
5.4.1.1.1. 50 ± 20 % of this operation shall consist of urban driving and the remaining operation shall be long-distance runs at high speed; continuous road operation may be replaced by a corresponding test-track programme.
The two speed regimes shall be alternated at least twice.
The complete test program shall include a minimum of 10 breaks of at least three-hour duration in order to reproduce the effects of cooling and any condensation which may occur.
5.4.1.2. Conditioning on a test bench
5.4.1.2.1. Using standard parts and observing the manufacturer's instructions, the silencing system, or components thereof, shall be fitted to the vehicle referred to in point 1.3.3 or the engine referred to in point 1.3.4. In the first case the vehicle shall be mounted on a roller dynamometer. In the second case, the engine shall be coupled to a dynamometer.
5.4.1.2.2. The test shall be conducted in six six-hour periods with a break of at least 12 hours between each period in order to reproduce the effects of cooling and any condensation which may occur.
5.4.1.2.3. During each six-hour period, the engine shall be run under the following conditions in turn:
(a)
five minutes at idling speed;
(b)
one-hour sequence under 1/4 load at 3/4 of rated maximum speed (S);
(c)
one-hour sequence under 1/2 load at 3/4 of rated maximum speed (S);
(d)
10-minute sequence under full load at 3/4 of rated maximum speed (S);
(e)
15-minute sequence under 1/2 load at rated maximum speed (S);
(f)
30-minute sequence under 1/4 load at rated maximum speed (S).
Each period shall comprise two sequenced sets of those conditions in consecutive order from (a) to (f).
5.4.1.2.4. During the test, the silencing system, or components thereof, shall not be cooled by a forced draught simulation normal airflow around the vehicle.
Nevertheless, at the request of the manufacturer, the silencing system, or components thereof, may be cooled in order not to exceed the temperature recorded at its inlet when the vehicle is running at maximum speed.
5.4.1.3. Conditioning by pulsation
5.4.1.3.1. The silencing system, or components thereof, shall be fitted to the vehicle referred to in point 1.3.3 or to the engine referred to in point 1.3.4. In the first case, the vehicle shall be mounted on a roller dynamometer, and, in the second case, the engine shall be mounted on a dynamometer.
5.4.1.3.2. The test apparatus, a detailed diagram of which is shown in Figure 1 of the Appendix to Annex IV shall be fitted at the outlet of the silencing system. Any other apparatus providing equivalent results is acceptable.
5.4.1.3.3. The test apparatus shall be adjusted in such a way that the exhaust gas flow is alternately interrupted and re-established by the quick action valve for 2 500 cycles.
5.4.1.3.4. The valve shall open when the exhaust gas back pressure, measured at least 100 mm downstream of the intake flange, reaches a value of between 35 and 40 kPa. It shall close when this pressure does not differ by more than 10 % from its stabilized value with the valve opened.
5.4.1.3.5. The time-delay switch shall be set for the duration of gas exhaust resulting from the provisions laid down in point 5.4.1.3.4.
5.4.1.3.6. Engine speed shall be 75 % of the speed (S) at which the engine develops maximum power.
5.4.1.3.7. The power indicated by the dynamometer shall be 50 % of the full-throttle power measured at 75 % of engine speed (S).
5.4.1.3.8. Any drain holes shall be closed off during the test.
5.4.1.3.9. The entire test shall be completed within 48 hours. If necessary, one cooling period will be observed after each hour.
5.4.1.3.10. After conditioning, the sound level is checked pursuant to point 5.2.
6. EXTENSION OF EU TYPE-APPROVAL
The silencing system manufacturer or his representative may ask the administrative department which has granted the EU type-approval of the silencing system for one or several types of vehicles, for an extension of the approval to other types of vehicles.
The procedure is that set out in point 1. Notice of the extension of the EU type-approval (or refusal of extension) shall be communicated to the Member States in accordance with the procedure specified in Directive 2007/46/EC.
7. MODIFICATION OF THE TYPE OF SILENCING SYSTEM
In the case of modifications of the type approved pursuant to this Regulation, Articles 13 to 16 and Article 17(4) of Directive 2007/46/EC shall apply.
8. COP
8.1. Measures to ensure the conformity of production shall be taken in accordance with the requirements laid down in Article 12 of Directive 2007/46/EC.
8.2. Special provisions:
8.2.1. The tests referred to point 2.3.5 of Annex X to Directive 2007/46/EC are those prescribed in Annex XI to this Regulation.
8.2.2. The frequency of inspections referred to in point 3 of Annex X to Directive 2007/46/EC is normally once every two years.
9. INFORMATION INTENDED FOR USERS AND TECHNICAL INSPECTION
9.1. Each replacement silencing system shall be accompanied by a paper document issued by the manufacturer of the replacement silencing system or his representative. That paper document shall at least bear the following information:
(a)
EU type-approval number of the replacement silencing system (the 5th section indicating the number of the extension of the type-approval can be omitted);
(b)
EU type-approval mark;
(c)
make (trade name of manufacturer);
(d)
type and commercial description and/or part number;
(e)
company name and address of manufacturer;
(f)
name and address of the manufacturer's representative (if any);
(g)
data of the vehicles for which the replacement silencing system is intended:
(i)
make,
(ii)
type,
(iii)
type-approval number,
(iv)
engine code,
(v)
maximum engine power
(vi)
kind of transmission
(vii)
any restriction concerning the vehicles where the system can be mounted
(viii)
sound level for the vehicle in motion in dB(A) and stationary sound level in dB(A) at min–1 (if deviating to the values of the vehicle type-approval);
(h)
mounting instructions.
9.2. If the paper document referred to in point 9.1 consists of more than of sheet of paper all sheets shall bear at least a reference to the EU type-approval number.
9.3. The information concerning point 9.1(g) and (h) may be provided on the website of the manufacturer if the website address is indicated on the paper document.
Appendix 1
Information document No … relating to EU type-approval as separate technical unit of replacement silencing systems for motor vehicles (Regulation (EU) No 540/2014)
The following information, if applicable, shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail.
If the systems, components or separate technical units have electronic controls, information concerning their performance shall be supplied.
0. General
0.1.
Make (trade name of manufacturer):
0.2.
Type and general commercial description(s):
0.3
Means of identification of type, if marked on the separate technical unit (1):
0.3.1.
Location of that marking:
0.5.
Company name and address of manufacturer:
0.7.
In the case of components and separate technical units, location and method of affixing of the EU type-approval mark:
0.8.
Address(es) of assembly plant(s):
0.9.
Name and address of the manufacturer's representative (if any):
1. Description of the vehicle for which the device is intended (if the device is intended to be fitted to more than one vehicle type, the information requested under this point shall be supplied for each type concerned)
1.1.
Make (trade name of manufacturer):
1.2.
Type and general commercial description(s):
1.3.
Means of identification of type, if marked on the vehicle:
1.4.
Category of vehicle:
1.5.
EU whole-vehicle type-approval number:
1.6
Power plant:
1.6.1.
Manufacturer of the engine:
1.6.2.
Manufacturer's engine code:
1.6.3.
Maximum net power (g): … kW at … min–1 or maximum continuous rated power (electric motor): … kW
1.6.4.
Pressure charger(s): original part or make and marking (2):
1.6.5.
Air filter: original part or make and marking (2):
1.6.6.
Intake silencer(s): original part or make and marking (2):
1.6.7.
Exhaust silencer(s)): original part or make and marking (2):
1.6.8.
Catalyst: original part or make and marking (2):
1.6.9.
Particulate Trap(s): original part or make and marking (2):
1.7.
Transmission
1.7.1.
Type (mechanical, hydraulic, electric, etc.):
1.8.
Non-engine devices designed to reduce noise: original part or description (2):
1.9.
Sound-level values:
moving vehicle: … dB(A), speed stabilised before acceleration at … km/h;
stationary vehicle dB(A), at … min–1
1.10.
Value of the back pressure: … Pa
1.11.
Any restrictions in respect of use and mounting requirements:
2. Remarks:
3. Description of the device
3.1.
A description of the replacement silencing system indicating the relative position of each system component, together with mounting instructions
3.2.
Detailed drawings of each component, so that they can be easily located and identified, and reference to the materials used. These drawings shall indicate the place provided for the compulsory affixing of the EU type-approval mark
Date:
Signed:
Position in company:
(1) If the means of identification of type contains characters not relevant to describe the vehicle types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol:‘?’ (e.g. ABC??123??).
(2) Delete where not applicable.
Appendix 2
MODEL
EU type-approval certificate
(Maximum Format: A4 (210 × 297 mm))
Stamp of approval authority
Communication concerning the
—
type-approval (1)
—
extension of type-approval (1)
—
refusal of type-approval (1)
—
withdrawal of type-approval (1)
of a type of a separate technical unit of silencing systems with regard to Regulation (EU) No 540/2014
Type-approval number:
Reason for extension:
SECTION 1
0.1.
Make (trade name of manufacturer):
0.2.
Type and general commercial description(s):
0.3.
Means of identification of type if marked on the separate technical unit (2):
0.3.1.
Location of that marking:
0.4.
Category of vehicle (3):
0.5.
Company name and address of manufacturer:
0.7.
In the case of components and separate technical units, location and method of affixing of the EU type-approval mark:
0.8.
Address(es) of assembly plant(s):
0.9.
Name and address of the manufacturer's representative (if any):
SECTION II
1.
Additional information (where applicable): See Addendum
2.
Technical service responsible for carrying out the tests:
3.
Date of test report:
4.
Number of test report:
5.
Remarks (if any): See Addendum
6.
Place:
7.
Date:
8.
Signature:
9.
The index to the information package lodged with the approval authority, which may be obtained on request, is attached.
Attachments:
Information package
Test report
(1) Delete where not applicable.
(2) If the means of identification of type contains characters not relevant to describe the vehicle types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol:‘?’ (e.g. ABC??123??).
(3) As defined in Annex IIA to Directive 2007/46/EC.
Addendum
to EU type-approval certificate No …
1. Additional information
1.1.
Description of the vehicle for which the device is intended (if the device is intended to be fitted to more than one vehicle type, the information requested under this point shall be supplied for each type concerned)
1.1.1.
Make (trade name of manufacturer):
1.1.2.
Type and general commercial description(s):
1.1.3.
Means of identification of type, if marked on the vehicle:
1.1.4.
Category of vehicle:
1.1.5.
EU whole vehicle type-approval number:
1.2.
Power plant:
1.2.1.
Manufacturer of the engine:
1.2.2.
Manufacturer's engine code:
1.2.3.
Maximum net power (g): … kW at … min–1 or maximum continuous rated power (electric motor) … kW
2. Test results
2.1.
Sound level of moving vehicle: … dB(A)
2.2.
Sound level of stationary vehicle: … dB(A) at … min–1
2.3.
Value of the back pressure: … Pa
3. Remarks:
Appendix 3
Model for the EU type-approval mark
The silencing system, or components thereof, bearing the above EU type-approval mark is a device which has been approved in Spain (e 9) pursuant to Regulation (EU) No 540/2014 under the base approval number 0148, complying with the limit values of Phase 2 in Annex III to that Regulation.
The figures used are only indicative.
Appendix 4
Test apparatus
Appendix 5
Measuring points — back pressure
Examples of possible measuring points for loss-of-pressure tests. The exact measuring point shall be specified in the test report. It shall be in an area where gas flow is regular.
1. Figure 1Single pipe
2. Figure 2Partly twin pipe 1
3. Figure 3Twin pipe
ANNEX X
CHECKS ON CONFORMITY OF PRODUCTION FOR REPLACEMENT SILENCING SYSTEM AS A SEPARATE TECHNICAL UNIT
1. GENERAL
These requirements are consistent with the test to be held to check COP in accordance with point 8 of Annex IX.
2. TESTING AND PROCEDURES
The methods of testing, measuring instruments and interpretation of results shall be those described in point 5 of Annex IX. The replacement silencing system, or components thereof, under test shall be subjected to the test as described in points 5.2, 5.3 and 5.4 of Annex IX.
3. SAMPLING AND EVALUATION OF THE RESULTS
3.1. One silencing system or components thereof shall be chosen and subjected to the tests of point 2. If the test results fulfil the COP requirements of point 8.1 of Annex IX, the type of silencing system or component shall be considered to be in compliance with COP.
3.2. If one of the test results does not comply with the COP requirements of point 8.1 of Annex IX, two more silencing systems, or components thereof, of the same type shall be tested pursuant to point 2 of this Annex.
3.3. If the test results for the second and the third silencing system, or components thereof, comply with the conformity of production requirements of point 8.1 of Annex IX, the type of silencing system, or components thereof, shall be considered to be in compliance with the conformity of production.
3.4. If one of the test results for the second or third silencing system, or components thereof, does not comply with the COP requirements of point 8.1 of Annex IX, the type of silencing system, or components thereof, shall be considered not to comply with the requirements of this Regulation and the manufacturer shall take the necessary measures to re-establish the conformity.
ANNEX XI
AMENDMENTS TO DIRECTIVE 2007/46/EC
Directive 2007/46/EC is hereby amended as follows:
Part A
1.
Annex IV shall be amended as follows:
(a)
the following row shall be inserted in the table in Part I:
Item
Subject
Regulatory act
Applicability
M1
M2
M3
N1
N2
N3
O1
O2
O3
O4
‘1A
Sound level
Regulation (EU) No 540/2014
X
X
X
X
X
X’
(b)
the following row shall be inserted in Table 1 of Appendix 1 of Part I:
Item
Subject
Regulatory act
Specific issues
Applicability and specific requirements
‘1A
Sound level
Regulation (EU) No 540/2014
A’
(c)
the following row shall be inserted in Table 2 of Appendix 1 of Part I:
Item
Subject
Regulatory act
Specific issues
Applicability and specific requirements
‘1A
Sound level
Regulation (EU) No 540/2014
A’
2.
In Annex VI, the following row shall be inserted in the table in the Appendix to Model A:
Item
Subject
Regulatory act reference
As amended by
Applicable to versions
‘1A
Sound Level
Regulation (EU) No 540/2014’
3.
Annex XI shall be amended as follows:
(a)
in Appendix 1, the following row shall be inserted in the table:
Item
Subject
Regulatory act reference
M1 ≤ 2 500 (1) kg
M1 2 500 (1) kg
M2
M3
‘1A
Sound level
Regulation (EU) No 540/2014
H
G+H
G+H
G+H’
(b)
in Appendix 2, the following row shall be inserted in the table:
Item
Subject
Regulatory act reference
M1
M2
M3
N1
N2
N3
O1
O2
O3
O4
‘1A
Sound level
Regulation (EU) No 540/2014
X
X
X
X
X
X’
(c)
in Appendix 3, the following row shall be inserted in the table:
Item
Subject
Regulatory act reference
M1
‘1A
Sound level
Regulation (EU) No 540/2014
X’
(d)
in Appendix 4, the following row shall be inserted in the table:
Item
Subject
Regulatory act reference
M1
M2
M3
N1
N2
N3
O1
O2
O3
O4
‘1A
Sound level
Regulation (EU) No 540/2014
H
H
H
H
H’
(e)
in Appendix 5, the following row shall be inserted in the table:
Item
Subject
Regulatory act reference
Mobile crane of category N 3
‘1A
Sound level
Regulation (EU) No 540/2014
T’
Part B
1.
Annex IV shall be amended as follows:
(a)
Item 1 in the table in Part I shall be deleted;
(b)
Item 1 in Table 1 of Appendix 1 to Part I shall be deleted;
(c)
Item 1 in Table 2 of Appendix 1 to Part I shall be deleted;
(d)
Item 1 of the table in Part II shall be deleted.
2.
In Annex VI, in the table in the Appendix to Model A, Item 1 shall be deleted.
3.
Annex XI shall be amended as follows:
(a)
Item 1 in the table in Appendix 1 shall be deleted;
(b)
Item 1 in the table in Appendix 2 shall be deleted;
(c)
Item 1 in the table in Appendix 3 shall be deleted;
(d)
Item 1 in the table in Appendix 4 shall be deleted;
(e)
Item 1 in the table in Appendix 5 shall be deleted.
ANNEX XII
CORRELATION TABLE
Directive 70/157/EEC
This Regulation
Article 1
—
Article 2
Article 4(1) and (2)
Article 2a
Article 4(3) and (4)
Article 3
—
Article 4
—
Article 5
—
Annex I, point 1
Annex I, point 1
Annex I, point 3
Annex I, point 2
Annex I, point 4
Annex I, point 3
Annex I, point 5
Annex I, point 4
Annex I, point 6
Annex I, point 5
Annex I, Appendix 1
Annex I, Appendix 1
Annex I, Appendix 2
Annex I, Appendix 2
Annex I, point 2
Annex III
Annex II, points 1, 2, 3 and 4
Annex IX, points 1, 2, 3 and 4
Annex II, points 5 and 6
Annex IX, points 7 and 8
Annex II, Appendix 1
Annex IX, Appendix 1
Annex II, Appendix 2
Annex IX, Appendix 2
Annex II, Appendix 3
Annex IX, Appendix 3
Annex III
— |
13.2.2014
EN
Official Journal of the European Union
L 43/55
COMMISSION IMPLEMENTING REGULATION (EU) No 138/2014
of 12 February 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 February 2014.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
IL
107,2
MA
55,5
TN
72,1
TR
111,6
ZZ
86,6
0707 00 05
MA
168,6
TR
151,3
ZZ
160,0
0709 91 00
EG
176,4
ZZ
176,4
0709 93 10
MA
39,0
TR
132,9
ZZ
86,0
0805 10 20
EG
45,1
IL
66,4
MA
56,4
TN
52,4
TR
72,7
ZZ
58,6
0805 20 10
IL
138,2
MA
76,7
ZZ
107,5
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
CN
60,3
IL
134,4
JM
112,4
KR
142,4
MA
132,8
PK
55,3
TR
59,7
ZZ
99,6
0805 50 10
AL
43,6
MA
71,7
TR
56,3
ZZ
57,2
0808 10 80
CN
88,4
MK
26,2
US
160,4
ZZ
91,7
0808 30 90
CL
123,8
CN
70,9
TR
122,0
US
197,2
ZA
95,0
ZZ
121,8
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
20.3.2014
EN
Official Journal of the European Union
L 84/14
REGULATION (EU) No 251/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 February 2014
on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91
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 43(2) and Article 114 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),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
Council Regulation (EEC) No 1601/91 (3) and Commission Regulation (EC) No 122/94 (4) have proved successful in regulating aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (‘aromatised wine products’). However, in the light of technologic innovation, market developments and evolving consumer expectations it is necessary to update the rules applicable to the definition, description, presentation, labelling and protection of geographical indications of certain aromatised wine products, while taking into account traditional production methods.
(2)
Further amendments are needed as a consequence of the entry into force of the Lisbon Treaty, in order to align the powers conferred upon the Commission pursuant to Regulation (EEC) No 1601/91 to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). In view of the scope of those amendments, it is appropriate to repeal Regulation (EEC) No 1601/91 and to replace it with this Regulation. Regulation (EC) No 122/94 introduced rules on flavouring and addition of alcohol applicable to some aromatised wine products, and in order to ensure clarity, those rules should be incorporated into this Regulation.
(3)
Regulation (EU) No 1169/2011 of the European Parliament and of the Council (5) applies to the presentation and labelling of aromatised wine products, save as otherwise provided for in this Regulation.
(4)
Aromatised wine products are important for consumers, producers and the agricultural sector in the Union. The measures applicable to aromatised wine products should contribute to the attainment of a high level of consumer protection, the prevention of deceptive practices and the attainment of market transparency and fair competition. By doing so, the measures will safeguard the reputation that the Union’s aromatised wine products have achieved in the internal market and on the world market by continuing to take into account the traditional practices used in the production of aromatised wine products as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of the products for which such innovation serves to improve quality, without affecting the traditional character of the aromatised wine products concerned.
(5)
The production of aromatised wine products constitutes a major outlet for the agricultural sector of the Union, which should be emphasised by the regulatory framework.
(6)
In the interest of consumers, this Regulation should apply to all aromatised wine products placed on the market in the Union, whether produced in the Member States or in third countries. In order to maintain and improve the reputation of the Union’s aromatised wine products on the world market, the rules provided for in this Regulation should also apply to aromatised wine products produced in the Union for export.
(7)
To ensure clarity and transparency in Union law governing aromatised wine products, it is necessary to clearly define the products covered by that law, the criteria for the production, description, presentation and labelling of aromatised wine products and in particular, the sales denomination. Specific rules on the voluntary indication of the provenance supplementing those laid down in Regulation (EU) No 1169/2011 should also be laid down. By laying down such rules, all stages in the production chain are regulated and consumers are protected and properly informed.
(8)
The definitions of aromatised wine products should continue to respect traditional quality practices but should be updated and improved in the light of technological developments.
(9)
Aromatised wine products should be produced in accordance with certain rules and restrictions, which guarantee that consumer expectations as regards quality and production methods are met. In order to meet the international standards in this field, the production methods should be established and the Commission should as a general rule take into account the standards recommended and published by the International Organisation of Vine and Wine (OIV).
(10)
Regulation (EC) No 1333/2008 of the European Parliament and of the Council (6) and Regulation (EC) No 1334/2008 of the European Parliament and of the Council (7) should apply to aromatised wine products.
(11)
Moreover, the ethyl alcohol used for the production of aromatised wine products should be exclusively of agricultural origin, so as to meet consumer expectations and conform to traditional quality practices. This will also ensure an outlet for basic agricultural products.
(12)
Given the importance and complexity of the aromatised wine products sector, it is appropriate to lay down specific rules on the description and presentation of aromatised wine products supplementing the labelling provisions laid down in Regulation (EU) No 1169/2011. Those specific rules should also prevent the misuse of sales denominations of aromatised wine products in the case of products which do not meet the requirements set out in this Regulation.
(13)
With a view to facilitating consumers’ understanding, it should be possible to supplement the sales denominations laid down in this Regulation with the customary name of the product within the meaning of Regulation (EU) No 1169/2011.
(14)
Council Regulation (EC) No 834/2007 (8) applies, inter alia, to processed agricultural products for use as food, which includes aromatised wine products. Accordingly, aromatised wine products which meet the requirements laid down in that Regulation and the acts adopted pursuant to it may be placed on the market as organic aromatised wine products.
(15)
In applying a quality policy and in order to allow a high level of quality of aromatised wine products with a geographical indication, Member States should be allowed to adopt stricter rules than those laid down in this Regulation on the production, description, presentation and labelling of aromatised wine products with a geographical indication that are produced in their own territory, in so far as such rules are compatible with Union law.
(16)
Given that Regulation (EC) No 110/2008 of the European Parliament and of the Council (9), Regulation (EU) No 1151/2012 of the European Parliament and of the Council (10), and the provisions on geographical indications in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (11) do not apply to aromatised wine products, specific rules on protection of geographical indications for aromatised wine products should be laid down. Geographical indications should be used to identify aromatised wine products as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the aromatised wine product is essentially attributable to its geographical origin and such geographical indications should be registered by the Commission.
(17)
A procedure for the registration, compliance, alteration and possible cancellation of third country and Union geographical indications should be laid down in this Regulation.
(18)
Member State authorities should be responsible for ensuring compliance with this Regulation, and arrangements should be made for the Commission to be able to monitor and verify such compliance.
(19)
In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the establishment of production processes for obtaining aromatised wine products; criteria for the demarcation of geographical areas and rules, restrictions and derogations related to production in such areas; the conditions under which a product specification may include additional requirements; the determination of the cases in which a single producer may apply for the protection of a geographical indication and the restrictions governing the type of applicant that may apply for such protection; the establishment of the conditions to be complied with in respect of an application for the protection of a geographical indication, scrutiny by the Commission, the objection procedure and procedures for amendment and cancellation of geographical indications; the establishment of the conditions applicable to trans-border applications; the setting of the date for the submission of an application or a request, the date from which the protection applies and the date on which an amendment to a protection applies; the establishment of the conditions relating to amendments to product specifications, including the conditions when an amendment is considered minor and the conditions relating to the applications for, and approval of, amendments, which do not involve any change to the single document; the restrictions regarding the protected name; the nature and type of information to be notified in the exchange of information between Member States and the Commission, the methods of notification, the rules related to the access rights to information or information systems made available and the modalities of publication of the information. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(20)
In order to ensure uniform conditions for the implementation of this Regulation with regard to the methods of analysis for determining the composition of aromatised wine products; decisions on conferring protection on geographical indications and on rejecting applications for such protection; decisions on cancelling the protection of geographical indications and of existing geographical designations; decisions on approval of application for amendments in the case of minor amendments to the product specifications; the information to be provided in the product specification with regard to the definition of geographical indication; the means of making decisions on protection or rejection of geographical indications available to the public; relating to the submission of trans-border applications; checks and verifications to be carried out by Member States; the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a geographical indication, and the procedure, including admissibility, for requests for objection, cancellation or conversion and the submission of information relating to existing geographical designations; administrative and physical checks to be carried out by Member States; and rules on providing the information necessary for the application of the provision concerning the exchange of information between Member States and the Commission, the arrangements for the management of the information to be notified, the content, form, timing, frequency and deadlines of the notifications and arrangements for transmitting or making information and documents available to the Member States, the competent authorities in third countries, or the public; implementing power should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).
(21)
The Commission should, by means of implementing acts and, given their special nature, acting without applying Regulation (EU) No 182/2011, publish the single document in the Official Journal of the European Union, decide whether to reject an application for protection of a geographical indication on grounds of inadmissibility and establish and maintain a register of geographical indications protected under this Regulation, including the listing of existing geographical designations in that register or their removal from the register.
(22)
The transition from the rules provided for in Regulation (EEC) No 1601/91 to those laid down in this Regulation could give rise to difficulties which are not dealt with in this Regulation. For that purpose, the power to adopt the necessary transitional measures should be delegated to the Commission.
(23)
Sufficient time and appropriate arrangements should be allowed to facilitate a smooth transition from the rules provided for in Regulation (EEC) No 1601/91 to the rules laid down in this Regulation. In any event the marketing of existing stocks should be allowed after the application of this Regulation, until those stocks are exhausted.
(24)
Since the objectives of this Regulation, namely the establishment of the rules on the definition, description, presentation and labelling of aromatised wine products and rules on the protection of geographical indications of aromatised wine products, 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 Regulation does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
1. This Regulation lays down rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products.
2. Regulation (EU) No 1169/2011 shall apply to the presentation and labelling of aromatised wine products, save as otherwise provided for in this Regulation.
3. This Regulation shall apply to all aromatised wine products placed on the market in the Union whether produced in the Member States or in third countries, as well as to those produced in the Union for export.
Article 2
Definitions
For the purpose of this Regulation, the following definitions apply:
(1)
‘sales denomination’ means the name of any of the aromatised wine products laid down in this Regulation;
(2)
‘description’ means the list of the specific characteristics of an aromatised wine product;
(3)
‘geographical indication’ means an indication which identifies an aromatised wine product as originating in a region, a specific place, or a country, where a given quality, reputation or other characteristics of that product is essentially attributable to its geographical origin.
CHAPTER II
DEFINITION, DESCRIPTION, PRESENTATION AND LABELLING OF AROMATISED WINE PRODUCTS
Article 3
Definition and classification of aromatised wine products
1. Aromatised wine products are products obtained from products of the wine sector as referred to in Regulation (EU) No 1308/2013 that have been flavoured. They are classified into the following categories:
(a)
aromatised wines;
(b)
aromatised wine-based drinks;
(c)
aromatised wine-product cocktails.
2. Aromatised wine is a drink:
(a)
obtained from one or more of the grapevine products defined in point 5 of Part IV of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of ‘Retsina’ wine;
(b)
in which the grapevine products referred to in point (a) represent at least 75 % of the total volume;
(c)
to which alcohol may have been added;
(d)
to which colours may have been added;
(e)
to which grape must, partially fermented grape must or both may have been added;
(f)
which may have been sweetened;
(g)
which has an actual alcoholic strength by volume of not less than 14,5 % vol. and less than 22 % vol. and a total alcoholic strength by volume of not less than 17,5 % vol.
3. Aromatised wine-based drink is a drink:
(a)
obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine;
(b)
in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;
(c)
to which no alcohol has been added, except where Annex II provides otherwise;
(d)
to which colours may have been added;
(e)
to which grape must, partially fermented grape must or both may have been added;
(f)
which may have been sweetened;
(g)
which has an actual alcoholic strength by volume of not less than 4,5 % vol. and less than 14,5 % vol.
4. Aromatised wine-product cocktail is a drink:
(a)
obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 11 of Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine;
(b)
in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;
(c)
to which no alcohol has been added;
(d)
to which colours may have been added;
(e)
which may have been sweetened;
(f)
which has an actual alcoholic strength by volume of more than 1,2 % vol. and less than 10 % vol.
Article 4
Production processes and methods of analysis for aromatised wine products
1. Aromatised wine products shall be produced in accordance with the requirements, restrictions and descriptions laid down in Annexes I and II.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning the establishment of authorised production processes for obtaining aromatised wine products, taking into account consumers’ expectations.
In establishing the authorised production processes referred to in the first subparagraph, the Commission shall take into account the production processes recommended and published by the OIV.
3. The Commission shall, where necessary, adopt, by means of implementing acts, methods of analysis for determining the composition of aromatised wine products. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Pending the adoption of such methods by the Commission, the methods to be used shall be those allowed by the Member State concerned.
4. The oenological practices and restrictions laid down in accordance with Articles 74, 75(4) and 80 of Regulation (EU) No 1308/2013 shall apply to the grapevine products used in the production of aromatised wine products.
Article 5
Sales denominations
1. The sales denominations set out in Annex II shall be used for any aromatised wine product placed on the market in the Union, provided that it complies with the requirements for the corresponding sales denomination laid down in that Annex. Sales denominations may be supplemented by a customary name as defined in Article 2(2)(o) of Regulation (EU) No 1169/2011.
2. Where aromatised wine products comply with the requirements of more than one sales denomination, the use of only one of those sales denominations is authorised, except where Annex II provides otherwise.
3. An alcoholic beverage not fulfilling the requirements laid down in this Regulation shall not be described, presented or labelled by associating words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other term similar to any of the sales denominations.
4. Sales denominations may be supplemented or replaced by a geographical indication protected under this Regulation.
5. Without prejudice to Article 26, sales denominations shall not be supplemented by protected designations of origin or protected geographical indications allowed for wine products.
Article 6
Additional particulars to the sales denominations
1. The sales denominations referred to in Article 5 may also be supplemented by the following particulars concerning the sugar content of the aromatised wine product:
(a) ‘extra-dry’: in the case of products with a sugar content of less than 30 grams per litre and, for the category of aromatised wines and by way of derogation from Article 3(2)(g), a minimum total alcoholic strength by volume of 15 % vol.;
(b) ‘dry’: in the case of products with a sugar content of less than 50 grams per litre and, for the category of aromatised wines and by way of derogation from Article 3(2)(g), a minimum total alcoholic strength by volume of 16 % vol.;
(c) ‘semi-dry’: in the case of products with a sugar content of between 50 and less than 90 grams per litre;
(d) ‘semi-sweet’: in the case of products with a sugar content of between 90 and less than 130 grams per litre;
(e) ‘sweet’: in the case of products with a sugar content of 130 grams per litre or more.
The sugar content indicated in points (a) to (e) of the first subparagraph is expressed as invert sugar.
The particulars ‘semi-sweet’ and ‘sweet’ may be accompanied by an indication of the sugar content, expressed in grams of invert sugar per litre.
2. Where the sales denomination is supplemented by or includes the particular ‘sparkling’, the quantity of sparkling wine used shall be not less than 95 %.
3. Sales denominations may also be supplemented by a reference to the main flavouring used.
Article 7
Indication of provenance
Where the provenance of aromatised wine products is indicated, it shall correspond to the place where the aromatised wine product is produced. The provenance shall be indicated with the words ‘produced in (…)’, or expressed in equivalent terms, supplemented by the name of the corresponding Member State or third country.
Article 8
Use of language in the presentation and labelling of aromatised wine products
1. The sales denominations set out in italics in Annex II shall not be translated on the label or in the presentation of aromatised wine products.
Additional particulars provided for in this Regulation shall, where expressed in words, appear in at least one of the official languages of the Union.
2. The name of the geographical indication protected under this Regulation shall appear on the label in the language or languages in which it is registered, even where the geographical indication replaces the sales denomination in accordance with Article 5(4).
Where the name of a geographical indication protected under this Regulation is written in a non-Latin alphabet, it may also appear in one or more of the official languages of the Union.
Article 9
Stricter rules decided by Member States
In applying a quality policy for aromatised wine products with geographical indications protected under this Regulation which are produced on their own territory or for the establishment of new geographical indications, Member States may lay down rules on production and description which are stricter than those referred to in Article 4 and in Annexes I and II in so far as they are compatible with Union law.
CHAPTER III
GEOGRAPHICAL INDICATIONS
Article 10
Content of applications for protection
1. Applications for the protection of names as geographical indications shall include a technical file containing:
(a)
the name to be protected;
(b)
the name and address of the applicant;
(c)
a product specification as referred to in paragraph 2; and
(d)
a single document summarising the product specification referred to in paragraph 2.
2. To be eligible for a geographical indication protected under this Regulation a product shall comply with the corresponding product specification which shall include at least:
(a)
the name to be protected;
(b)
a description of the product, in particular its principal analytical characteristics as well as an indication of its organoleptic characteristics;
(c)
where applicable, the particular production processes and specifications as well as the relevant restrictions on making the product;
(d)
the demarcation of the geographical area concerned;
(e)
the details bearing out the link referred to in point (3) of Article 2;
(f)
the applicable requirements laid down in Union or national law or, where provided for by Member States, by an organisation which manages the protected geographical indication, having regard to the fact that such requirements shall be objective, and non-discriminatory and compatible with Union law;
(g)
an indication of the main raw material from which the aromatised wine product is obtained;
(h)
the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
Article 11
Application for protection relating to a geographical area in a third country
1. Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 10, proof that the name in question is protected in its country of origin.
2. The application for protection shall be sent to the Commission, either directly by the applicant or via the authorities of the third country concerned.
3. The application for protection shall be filed in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Article 12
Applicants
1. Any interested group of producers, or in exceptional cases a single producer, may lodge an application for protection of a geographical indication. Other interested parties may participate in the application for protection.
2. Producers may lodge an application for protection only for aromatised wine products which they produce.
3. In the case of a name designating a trans-border geographical area, a joint application for protection may be lodged.
Article 13
Preliminary national procedure
1. Applications for protection of a geographical indication of aromatised wine products originating in the Union shall be subject to a preliminary national procedure in accordance with paragraphs 2 to 7 of this Article.
2. The application for protection shall be filed with the Member State in whose territory the geographical indication originates.
3. The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Chapter.
The Member State shall, by means of a national procedure, ensure the adequate publication of the application for protection and shall provide for a period of at least two months from the date of publication within which any natural or legal person with a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
4. If the Member State considers that the geographical indication does not meet the relevant requirements or is incompatible with Union law in general, it shall reject the application.
5. If the Member State considers that the relevant requirements are met, it shall:
(a)
publish the single document and the product specification at least on the internet; and
(b)
forward to the Commission an application for protection containing the following information:
(i)
the name and address of the applicant;
(ii)
the product specification referred in Article 10(2);
(iii)
the single document referred to in Article 10(1)(d);
(iv)
a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and
(v)
the reference to the publication, as referred to in point (a).
The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
6. Member States shall adopt the laws, regulations or administrative provisions necessary to comply with this Article by 28 March 2015.
7. Where a Member State has no national legislation concerning the protection of geographical indications, it may, on a transitional basis only, grant protection to the name in accordance with the terms of this Chapter at national level. Such protection shall take effect from the date the application is lodged with the Commission and shall cease on the date on which a decision on registration or refusal under this Chapter is taken.
Article 14
Scrutiny by the Commission
1. The Commission shall make the date of submission of the application for protection public.
2. The Commission shall examine whether the applications for protection referred to in Article 13(5) meet the conditions laid down in this Chapter.
3. Where the Commission considers that the conditions laid down in this Chapter are met, it shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), publish in the Official Journal of the European Union the single document referred to in Article 10(1)(d) and the reference to the publication of the product specification referred to in Article 13(5)(a).
4. Where the Commission considers that the conditions laid down in this Chapter are not met, it shall, by means of implementing acts, decide to reject the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 15
Objection procedure
Within two months from the date of publication provided for in Article 14(3), any Member State or third country, or any natural or legal person with a legitimate interest, resident or established in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging with the Commission a duly substantiated statement relating to the conditions of eligibility as laid down in this Chapter.
In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph.
Article 16
Decision on protection
On the basis of the information available to the Commission upon the completion of the objection procedure referred to in Article 15, the Commission shall, by means of implementing acts, either confer protection on the geographical indication which meets the conditions laid down in this Chapter and is compatible with Union law, or reject the application where those conditions are not met. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 17
Homonyms
1. A name, for which an application for protection is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation, shall be registered with due regard for local and traditional usage and for any risk of confusion.
2. A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
3. The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.
Article 18
Grounds for refusal of protection
1. Names that have become generic shall not be protected as a geographical indication.
For the purposes of this Chapter, a ‘name that has become generic’ means the name of an aromatised wine product which, although relating to the place or the region where this product was originally produced or placed on the market, has become the common name of an aromatised wine product in the Union.
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
(a)
the existing situation in the Union, notably in areas of consumption;
(b)
the relevant Union or national law.
2. A name shall not be protected as a geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the aromatised wine product.
Article 19
Relationship with trademarks
1. Where a geographical indication is protected under this Regulation, the registration of a trademark the use of which falls under Article 20(2) and relating to an aromatised wine product shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the geographical indication to the Commission and the geographical indication is subsequently protected.
Trademarks registered in breach of the first subparagraph shall be invalidated.
2. Without prejudice to Article 17(2), a trademark the use of which falls under Article 20(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before the date on which the application for protection of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified by the Directive 2008/95/EC of the European Parliament of the Council (13) or by Council Regulation (EC) No 207/2009 (14).
In such cases the use of the geographical indication shall be permitted alongside the relevant trademarks.
Article 20
Protection
1. Geographical indications protected under this Regulation may be used by any operator marketing an aromatised wine product which has been produced in conformity with the corresponding product specification.
2. Geographical indications protected under this Regulation and the aromatised wine products using those protected names in conformity with the product specification shall be protected against:
(a)
any direct or indirect commercial use of a protected name:
(i)
by comparable products not complying with the product specification of the protected name; or
(ii)
in so far as such use exploits the reputation of a geographical indication;
(b)
any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcribed or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
(c)
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
(d)
any other practice liable to mislead the consumer as to the true origin of the product.
3. Geographical indications protected under this Regulation shall not become generic in the Union within the meaning of Article 18(1).
4. Member States shall take the appropriate administrative and judicial measures to prevent or to stop unlawful use of geographical indications protected under this Regulation as referred to in paragraph 2.
Article 21
Register
The Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), establish and maintain an electronic register of geographical indications protected under this Regulation for aromatised wine products which shall be publicly accessible.
Geographical indications pertaining to products of third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the register referred to in the first paragraph as geographical indications protected under this Regulation.
Article 22
Designation of competent authority
1. Member States shall designate the competent authority or authorities responsible for checks in respect of the obligations established by this Chapter in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council (15).
2. Member States shall ensure that any operator complying with this Chapter is entitled to be covered by a system of checks.
3. Member States shall inform the Commission of the competent authority or authorities referred to in paragraph 1. The Commission shall make their names and addresses public and update them periodically.
Article 23
Verification of compliance with specifications
1. In respect of geographical indications protected under this Regulation relating to a geographical area within the Union, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)
the competent authority or authorities referred to in Article 22; or
(b)
one or more control bodies responsible for the verification within the meaning of point 5 of the second paragraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the requirements laid down in Article 5 of that Regulation.
The costs of such verification shall be borne by the operators subject to it.
2. In respect of geographical indications protected under this Regulation relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)
one or more public authorities designated by the third country; or
(b)
one or more certification bodies.
3. The bodies referred to in point (b) of paragraph 1 and point (b) of paragraph 2 shall comply with, and be accredited in accordance with, the Standard EN ISO/IEC 17065:2012 (Conformity assessments — Requirements for bodies certifying products processes and services).
4. Where the authority or authorities referred to in point (a) of paragraph 1 and point (a) of paragraph 2 verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.
Article 24
Amendments to product specifications
1. An applicant satisfying the conditions of Article 12 may apply for approval of an amendment to the product specification of a geographical indication protected under this Regulation, in particular in order to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of Article 10(2). Applications shall describe and give reasons for the amendments requested.
2. Where the proposed amendment involves one or more changes to the single document referred to in point (d) of Article 10(1), Articles 13 to 16 shall apply mutatis mutandis to the application for amendment. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts, decide whether to approve the application without following the procedure laid down in Article 14(2) and Article 15 and in the case of approval, the Commission shall proceed to the publication of the elements referred to in Article 14(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 25
Cancellation
The Commission may, on its own initiative or at the duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, decide, by means of implementing acts, to cancel the protection of a geographical indication if compliance with the corresponding product specification is no longer ensured. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Articles 13 to 16 shall apply mutatis mutandis.
Article 26
Existing geographical designations
1. Geographical designations of aromatised wine products listed in Annex II to Regulation (EEC) No 1601/91 and any geographical designation submitted to a Member State and approved by that Member State before 27 March 2014, shall automatically be protected as geographical indications under this Regulation. The Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2) of this Regulation, list them in the register provided for in Article 21 of this Regulation.
2. Member States shall, in respect of existing geographical designations referred to in paragraph 1, transmit to the Commission:
(a)
the technical files as provided for in Article 10(1);
(b)
the national decisions of approval.
3. Existing geographical designations referred to in paragraph 1, for which the information referred to in paragraph 2 is not submitted by 28 March 2017, shall lose protection under this Regulation. The Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), take the corresponding formal step of removing such names from the register provided for in Article 21.
4. Article 25 shall not apply in respect of existing geographical designations referred to in paragraph 1 of this Article.
Until 28 March 2018 the Commission may, by means of implementing acts, on its own initiative, decide to cancel the protection of existing geographical designations referred to in paragraph 1 of this Article if they do not comply with point (3) of Article 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 27
Fees
Member States may charge a fee to cover their costs, including those incurred in examining applications for protection, statements of objections, applications for amendments and requests for cancellations under this Chapter.
Article 28
Delegated powers
1. In order to take account of the specific characteristics of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning:
(a)
criteria for the demarcation of the geographical area; and
(b)
rules, restrictions and derogations related to the production in the demarcated geographical area.
2. In order to ensure product quality and traceability, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 in order to establish the conditions under which product specifications may include additional requirements to those referred to in Article 10(2)(f).
3. In order to ensure the rights or legitimate interests of producers or operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 in order to:
(a)
determine the cases in which a single producer may apply for the protection of a geographical indication;
(b)
determine the restrictions governing the type of applicant that may apply for the protection of a geographical indication;
(c)
establish the conditions to be followed in respect of an application for the protection of a geographical indication, scrutiny by the Commission, the objection procedure, and procedures for amendment and cancellation of geographical indications;
(d)
establish the conditions applicable to transborder applications;
(e)
set the date of submission of an application or a request;
(f)
set the date from which protection shall run;
(g)
establish the conditions under which an amendment is to be considered as minor as referred to in Article 24(2);
(h)
set the date on which an amendment shall enter into force;
(i)
establish the conditions relating to the applications for, and approval of, amendments to the product specification of a geographical indication protected under this Regulation, where such amendments do not involve any change to the single document referred to in point (d) of Article 10(1).
4. In order to ensure adequate protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning the restrictions regarding the protected name.
Article 29
Implementing powers
1. The Commission may, by means of implementing acts, adopt all necessary measures related to this Chapter regarding:
(a)
the information to be provided in the product specification with regard to the link referred to in point (3) of Article 2 between the geographical area and the final product;
(b)
the means of making the decisions on protection or rejection referred to in Article 16 available to the public;
(c)
the submission of trans-border applications;
(d)
checks and verification to be carried out by the Member States, including testing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
2. The Commission may, by means of implementing acts, adopt all necessary measures related to this Chapter as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a geographical indication, as well as the procedure, including admissibility, for requests for objection, cancellation, or conversion, and the submission of information relating to existing protected geographical designations, in particular with respect to:
(a)
models for documents and the transmission format;
(b)
time limits;
(c)
the details of the facts, evidence and supporting documents to be submitted in support of the application or request.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 30
Inadmissible application or request
Where an application or a request submitted under this Chapter is deemed inadmissible, the Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), decide to reject it as inadmissible.
CHAPTER IV
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 31
Checks and verification of aromatised wine products
1. Member States shall be responsible for the checks of aromatised wine products. They shall take the measures necessary to ensure compliance with the provisions of this Regulation and in particular they shall designate the competent authority or authorities responsible for checks in respect of the obligations established by this Regulation in accordance with Regulation (EC) No 882/2004.
2. The Commission shall, when necessary, by means of implementing acts, adopt the rules concerning administrative and physical checks to be conducted by the Member States with regard to the respect of obligations resulting from the application of this Regulation.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 32
Exchange of information
1. Member States and the Commission shall notify each other of any information necessary for the application of this Regulation and for complying with the international obligations concerning the aromatised wine products. That information may, where appropriate, be transmitted or made available to the competent authorities of third countries and may be made public.
2. In order to make the notifications referred to in paragraph 1 fast, efficient, accurate, and cost effective, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 to lay down:
(a)
the nature and type of the information to be notified;
(b)
the methods of notification;
(c)
the rules related to the access rights to the information or information systems made available;
(d)
the conditions and means of publication of the information.
3. The Commission shall, by means of implementing acts, adopt:
(a)
rules on providing the information necessary for the application of this Article;
(b)
arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
(c)
arrangements for transmitting or making information and documents available to the Member States, the competent authorities in third countries, or the public.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 33
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 4(2), 28, 32(2) and 36(1) shall be conferred on the Commission for a period of five years from 27 March 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 4(2), 28, 32(2) and 36(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Articles 4(2), 28, 32(2) and 36(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months on the initiative of the European Parliament or the Council.
Article 34
Committee procedure
1. The Commission shall be assisted by the Committee on aromatised wine products. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
In the case of implementing acts referred to in the first subparagraph of Article 4(3) and Article 29(1)(b), where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 35
Repeal
Regulation (EEC) No 1601/91 is hereby repealed as from 28 March 2015.
References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III to this Regulation.
Article 36
Transitional measures
1. In order to facilitate the transition from the rules provided for in Regulation (EEC) No 1601/91 to those established by this Regulation, the Commission shall be empowered to adopt, where appropriate, delegated acts in accordance with Article 33 concerning the adoption of measures to amend or derogate from this Regulation, which shall remain in force until 28 March 2018.
2. Aromatised wine products not meeting the requirements of this Regulation but which have been produced in accordance with Regulation (EEC) No 1601/91 prior to 27 March 2014 may be placed on the market until stocks are exhausted.
3. Aromatised wine products which comply with Articles 1 to 6 and Article 9 of this Regulation and which have been produced prior to 27 March 2014 may be placed on the market until stocks are exhausted, provided that such products comply with Regulation (EEC) No 1601/91 in respect of all aspects not regulated by Articles 1 to 6 and Article 9 of this Regulation.
Article 37
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 28 March 2015. However, Article 36(1) and (3) shall apply from 27 March 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 26 February 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 43, 15.2.2012, p. 67.
(2) Position of the European Parliament of 14 January 2014 (not yet published in the Official Journal) and decision of the Council of 17 February 2014.
(3) Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (OJ L 149, 14.6.1991, p. 1).
(4) Commission Regulation (EC) No 122/94 of 25 January 1994 laying down certain detailed rules for the application of Council Regulation (EEC) No 1601/91 on the definition, description and presentation of aromatized wines, aromatized wine-based drinks, and aromatized wine-product cocktails (OJ L 21, 26.1.1994, p. 7).
(5) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
(6) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).
(7) Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).
(8) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
(9) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
(10) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
(11) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(12) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(13) Directive 2008/95/EC of the European Parliament of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25).
(14) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).
(15) Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
ANNEX I
TECHNICAL DEFINITIONS, REQUIREMENTS AND RESTRICTIONS
(1) Flavouring
(a)
The following products are authorised for the flavouring of aromatised wines:
(i)
natural flavouring substances and/or flavouring preparations as defined in Article 3(2)(c) and (d) of Regulation (EC) No 1334/2008;
(ii)
flavourings as defined in Article 3(2)(a) of Regulation (EC) No 1334/2008, which:
—
are identical to vanillin,
—
smell and/or taste of almonds,
—
smell and/or taste of apricots,
—
smell and/or taste of eggs; and
(iii)
aromatic herbs and/or spices and/or flavouring foodstuffs.
(b)
The following products are authorised for the flavouring of aromatised wine-based drinks and aromatised wine-product cocktails:
(i)
flavouring substances and/or flavouring preparations as defined in Article 3(2)(b) and (d) of Regulation (EC) No 1334/2008; and
(ii)
aromatic herbs and/or spices and/or flavouring foodstuffs.
Addition of such substances confers on the final product organoleptic characteristics other than those of wine.
(2) Sweetening
The following products are authorised for the sweetening of aromatised wine products:
(a)
semi-white sugar, white sugar, extra-white sugar, dextrose, fructose, glucose syrup, sugar solution, invert sugar solution, invert sugar syrup, as defined in Council Directive 2001/111/EC (1);
(b)
grape must, concentrated grape must and rectified concentrated grape must, as defined in points 10, 13 and 14 of Part II of Annex VII to Regulation (EU) No 1308/2013;
(c)
burned sugar, which is the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;
(d)
honey as defined in Council Directive 2001/110/EC (2);
(e)
carob syrup;
(f)
any other natural carbohydrate substances having a similar effect to those products.
(3) Addition of alcohol
The following products are authorised for the preparation of some aromatised wines and, some aromatised wine-based drinks:
(a)
ethyl alcohol of agricultural origin, as defined in Annex I, point 1, to Regulation (EC) No 110/2008, including viticultural origin;
(b)
wine alcohol or dried grape alcohol;
(c)
wine distillate or dried grape distillate;
(d)
distillate of agricultural origin, as defined in Annex I, point 2, to Regulation (EC) No 110/2008;
(e)
wine spirit, as defined in Annex II, point 4, to Regulation (EC) No 110/2008;
(f)
grape-marc spirit, as defined in Annex II, point 6, to Regulation (EC) No 110/2008;
(g)
spirit drinks distilled from fermented dried grapes.
The ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorised additives used in the preparation of aromatised wine products must be of agricultural origin and must be used in the dose strictly necessary and is not considered as addition of alcohol for the purpose of production of an aromatised wine product.
(4) Additives and colouring
The rules on food additives, including colours, laid down in Regulation (EC) No 1333/2008 apply to aromatised wine products.
(5) Addition of water
For the preparation of aromatised wine products, the addition of water is authorised provided that it is used in the dose necessary:
—
to prepare flavouring essence,
—
to dissolve colorants and sweeteners,
—
to adjust the final composition of the product.
The quality of the water added has to be in conformity with Directive 2009/54/EC of the European Parliament and of the Council (3) and Council Directive 98/83/EC (4), and it should not change the nature of the product.
This water may be distilled, demineralised, permuted or softened.
(6) For the preparation of aromatised wine products, the addition of carbon dioxide is authorised.
(7) Alcoholic strength
‘Alcoholic strength by volume’ means the ratio of the volume of pure alcohol contained in the product in question at a temperature of 20 °C to the total volume of that product at the same temperature.
‘Actual alcoholic strength by volume’ means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature.
‘Potential alcoholic strength by volume’ means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at the same temperature.
‘Total alcoholic strength by volume’ means the sum of the actual and potential alcoholic strengths by volume.
(1) Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (OJ L 10, 12.1.2002, p. 53).
(2) Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
(3) Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (recast) (OJ L 164, 26.6.2009, p. 45).
(4) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).
ANNEX II
SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE PRODUCTS
A. SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINES
(1) Aromatised wine
Products complying with the definition set out in Article 3(2).
(2) Wine-based aperitif
Aromatised wine to which alcohol may have been added.
The use of the term ‘aperitif’ in this connection is without prejudice to its use to define products which do not fall within the scope of this Regulation.
(3) Vermouth
Aromatised wine:
—
to which alcohol has been added, and
—
whose characteristic taste has been obtained by the use of appropriate substances of Artemisia species.
(4) Bitter aromatised wine
Aromatised wine with a characteristic bitter flavour to which alcohol has been added.
The sales denomination ‘bitter aromatised wine’ is followed by the name of the main bitter-flavouring substance.
The sales denomination ‘bitter aromatised wine’ may be supplemented or replaced by the following terms:
—
‘Quinquina wine’, whose main flavouring is natural quinine flavouring,
—
‘Bitter vino’, whose main flavouring is natural gentian flavouring and which has been coloured with authorised yellow and/or red colour; the use of the word ‘bitter’ in this connection is without prejudice to its use to define products which do not fall within the scope of this Regulation,
—
‘Americano’, where the flavouring is due to the presence of natural flavouring substances derived from wormwood and gentian and which has been coloured with authorised yellow and/or red colours.
(5) Egg-based aromatised wine
Aromatised wine:
—
to which alcohol has been added,
—
to which good-quality egg yolk or extracts thereof have been added,
—
which has a sugar content expressed in terms of invert sugar of more than 200 grams, and
—
in the preparation of which the minimum quantity of egg yolk used in the mixture is 10 grams per litre.
The sales denomination ‘egg-based aromatised wine’ may be accompanied by the term ‘cremovo’ where such product contains wine of the protected designation of origin ‘Marsala’ in a proportion of not less than 80 %.
The sales denomination ‘egg-based aromatised wine’ may be accompanied by the term ‘cremovo zabaione’, where such product contains wine of the protected designation of origin ‘Marsala’ in a proportion of not less than 80 % and has an egg yolk content of not less than 60 grams per litre.
(6) Väkevä viiniglögi/Starkvinsglögg
An aromatised wine:
—
to which alcohol has been added, and
—
whose characteristic taste has been obtained by the use of cloves and/or cinnamon.
B. SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE BASED DRINKS
(1) Aromatised wine-based drink
Products complying with the definition set out in Article 3(3).
(2) Aromatised fortified wine-based drink
Aromatised wine-based drink
—
to which alcohol has been added,
—
which has actual alcoholic strength by volume not less than 7 % vol.,
—
which has been sweetened,
—
which is obtained from white wine,
—
to which dried grape distillate has been added, and
—
which has been flavoured exclusively by cardamom extract;
or
—
to which alcohol has been added,
—
which has actual alcoholic strength by volume not less than 7 % vol.,
—
which has been sweetened,
—
which is obtained from red wine, and
—
to which flavouring preparations obtained exclusively from spices, ginseng, nuts, citrus fruit essences and aromatic herbs, have been added.
(3) Sangría/Sangria
Aromatised wine-based drink
—
which is obtained from wine,
—
which is aromatised with the addition of natural citrus-fruit extracts or essences, with or without the juice of such fruit,
—
to which spices may have been added,
—
to which carbon dioxide may have been added,
—
which has not been coloured,
—
which have an actual alcoholic strength by volume of not less than 4,5 % vol., and less than 12 % vol., and
—
which may contain solid particles of citrus-fruit pulp or peel and its colour must come exclusively from the raw materials used.
‘Sangría’ or ‘Sangria’ may be used as a sales denomination only when the product is produced in Spain or Portugal. When the product is produced in other Member States, ‘Sangría’ or ‘Sangria’ may only be used to supplement the sales denomination ‘aromatised wine-based drink’, provided that it is accompanied by the words: ‘produced in …’, followed by the name of the Member State of production or of a more restricted region.
(4) Clarea
Aromatised wine-based drink, which is obtained from white wine under the same conditions as for Sangría/Sangria.
‘Clarea’ may be used as a sales denomination only when the product is produced in Spain. When the product is produced in other Member States, ‘Clarea’ may only be used to supplement the sales denomination ‘aromatised wine-based drink’, provided that it is accompanied by the words: ‘produced in …’, followed by the name of the Member State of production or of a more restricted region.
(5) Zurra
Aromatised wine-based drink obtained by adding brandy or wine spirit as defined in Regulation (EC) No 110/2008 to Sangría/Sangria and Clarea, possibly with the addition of pieces of fruit. The actual alcoholic strength by volume must be not less than 9 % vol. and less than 14 % vol.
(6) Bitter soda
Aromatised wine-based drink
—
which is obtained from ‘bitter vino’ the content of which in the finished product must not be less than 50 % by volume,
—
to which carbon dioxide or carbonated water has been added, and
—
which has an actual alcoholic strength by volume of not less than 8 % vol., and less than 10,5 % vol..
The use of the word ‘bitter’ in this context shall be without prejudice to its use to define products which do not fall within the scope of this Regulation.
(7) Kalte Ente
Aromatised wine-based drink
—
which is obtained by mixing wine, semi-sparkling wine or aerated semi-sparkling wine with sparkling wine or aerated sparkling wine,
—
to which natural lemon substances or extracts thereof have been added, and
—
which has an actual alcoholic strength by volume of not less than 7 % vol..
The finished product must contain not less than 25 % by volume of the sparkling wine or aerated sparkling wine.
(8) Glühwein
Aromatised wine-based drink
—
which is obtained exclusively from red or white wine,
—
which is flavoured mainly with cinnamon and/or cloves, and
—
which has an actual alcoholic strength by volume of not less than 7 % vol..
Without prejudice to the quantities of water resulting from the application of Annex I, point 2, the addition of water is forbidden.
Where it has been prepared from white wine, the sales denomination ‘Glühwein’ must be supplemented by words indicating white wine, such as the word ‘white’.
(9) Viiniglögi/Vinglögg/Karštas vynas
Aromatised wine-based drink
—
which is obtained exclusively from red or white wine,
—
which is flavoured mainly with cinnamon and/or cloves, and
—
which has an actual alcoholic strength by volume of not less than 7 % vol..
Where it has been prepared from white wine, the sales denomination ‘Viiniglögi/Vinglögg/Karštas vynas’ must be supplemented by words indicating white wine, such as the word ‘white’.
(10) Maiwein
Aromatised wine-based drink
—
which is obtained from wine in which Galium odoratum (L.) Scop. (Asperula odorata L.), plants or extracts thereof has been added so as to ensure a predominant taste of Galium odoratum (L.) Scop. (Asperula odorata L.), and
—
which has an actual alcoholic strength by volume of not less than 7 % vol..
(11) Maitrank
Aromatised wine-based drink
—
which is obtained from white wine in which Galium odoratum (L.) Scop. (Asperula odorata L.) plants have been macerated or to which extracts thereof have been added with the addition of oranges and/or other fruits, possibly in the form of juice, concentrated or extracts, and with maximum 5 % sugar sweetening, and
—
which has an actual alcoholic strength by volume of not less than 7 % vol..
(12) Pelin
Aromatised wine-based drink
—
which is obtained from red or white wine and specific mixture of herbs,
—
which has an actual alcoholic strength by volume of not less than 8,5 % vol., and
—
which has a sugar content expressed as invert sugar of 45-50 grams per litre, and a total acidity of not less than 3 grams per litre expressed as tartaric acid.
(13) Aromatizovaný dezert
Aromatised wine-based drink
—
which is obtained from white or red wine, sugar and dessert spices mixture,
—
which has an actual alcoholic strength by volume of not less than 9 % vol. and less than 12 % vol., and
—
which has a sugar content expressed as invert sugar of 90-130 grams per litre and a total acidity of at least 2,5 grams per litre expressed as tartaric acid.
‘Aromatizovaný dezert’ may be used as a sales denomination only when the product is produced in the Czech Republic. When the product is produced in other Member States, ‘Aromatizovaný dezert’ may only be used to supplement the sales denomination ‘aromatised wine-based drink’ provided that it is accompanied by the words ‘produced in …’ followed by the name of the Member State of production or of a more restricted region.
C. SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE-PRODUCT COCKTAILS
(1) Aromatised wine-product cocktail
Product complying with the definition set out in Article 3(4).
The use of the term ‘cocktail’ in this connection is without prejudice to its use to define products which do not fall within the scope of this Regulation.
(2) Wine-based cocktail
Aromatised wine-product cocktail
—
in which the proportion of concentrated grape must does not exceed 10 % of the total volume of the finished product,
—
which has an actual alcoholic strength by volume less than 7 % vol., and
—
in which the sugar content, expressed as invert sugar, is less than 80 grams per litre.
(3) Aromatised semi-sparkling grape-based cocktail
Aromatised wine-product cocktail
—
which is obtained exclusively from grape must,
—
which has an actual alcoholic strength by volume less than 4 % vol., and
—
which contains carbon dioxide obtained exclusively from fermentation of the products used.
(4) Sparkling wine cocktail
Aromatised wine-product cocktail, which is mixed with sparkling wine.
ANNEX III
CORRELATION TABLE
Regulation (EEC) No 1601/91
This Regulation
Article 1
Article 1
Article 2(1) to (4)
Article 3 and Annex II
Article 2(5)
Article 6(1)
Article 2(6)
Article 6(2)
Article 2(7)
—
Article 3
Article 4(1) and Annex I
Article 4(1) to (3)
Article 4(1) and Annex I
Article 4(4)
Article 4(3)
Article 5
Article 4(2)
Article 6(1)
Article 5(1) and (2)
Article 6(2)(a)
Article 5(4)
Article 6(2)(b)
Article 20(1)
Article 6(3)
Article 5(5)
Article 6(4)
Article 9
Article 7(1) and (3)
—
Article 7(2)
Article 5(3)
Article 8(1)
—
Article 8(2)
Article 5(1) and (2)
Article 8(3)
Article 6(3)
—
Article 7
Article 8(4), first and second paragraphs
—
Article 8(4) third paragraph
Annex I, point 3, second paragraph
Article 8(4a)
—
Article 8(5) to (8)
Article 8
Article 8(9)
—
Article 9(1) to (3)
Article 31
Article 9(4)
Article 32
Article 10
Article 11
Article 10a
Article 2, point 3, and Articles 10 to 30
Article 11
Article 1(3)
Articles 12 to 15
Articles 33 and 34
—
Article 35
Article 16
Article 36
Article 17
Article 37
Annex I
Annex I(3)(a)
Annex II
— |
12.9.2014
EN
Official Journal of the European Union
L 271/3
COUNCIL REGULATION (EU) No 960/2014
of 8 September 2014
amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2014/659/CFSP of 8 September 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1)
Council Regulation (EU) No 833/2014 (2) gives effect to certain measures provided for in Council Decision 2014/512/CFSP (3). Those measures comprise restrictions on exports of dual-use goods and technology, restrictions on the provision of related services and on certain services related to the supply of arms and military equipment, restrictions on the sale, supply, transfer or export, directly or indirectly, of certain technologies for the oil industry in Russia in the form of a prior authorisation requirement, and restrictions on access to the capital market for certain financial institutions.
(2)
The Heads of State or Government of the European Union called for preparatory work on further targeted measures to be undertaken so that further steps could be taken without delay.
(3)
In view of the gravity of the situation, the Council considers it appropriate to take further restrictive measures in response to Russia's actions destabilising the situation in Ukraine.
(4)
In this context, it is appropriate to apply additional restrictions on exports of dual-use goods and technology, as laid down in Council Regulation (EC) No 428/2009 (4).
(5)
In addition, the provision of services for deep water oil exploration and production, arctic oil exploration and production or shale oil projects should be prohibited.
(6)
In order to put pressure on the Russian Government, it is also appropriate to apply further restrictions on access to the capital market for certain financial institutions, excluding Russia-based institutions with international status established by intergovernmental agreements with Russia as one of the shareholders; restrictions on legal persons, entities or bodies established in Russia in the defence sector, with the exception of those mainly active in the space and nuclear energy industry; and restrictions on legal persons, entities or bodies established in Russia whose main activities relate to the sale or transportation of crude oil or petroleum products. Financial services other than those referred to in Article 5 of Regulation (EU) No 833/2014, such as deposit services, payment services, insurance services, loans from the institutions referred to in Article 5(1) and (2) of that Regulation and derivatives used for hedging purposes in the energy market are not covered by these restrictions. Loans are only to be considered new loans if they are drawn after 12 September 2014.
(7)
These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring its uniform application in all Member States, regulatory action at the level of the Union is necessary.
(8)
In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 833/2014 is amended as follows:
(1)
In Article 1, points (e) and (f), are replaced by the following:
‘(e)
“investment services” means the following services and activities:
(i)
reception and transmission of orders in relation to one or more financial instruments,
(ii)
execution of orders on behalf of clients,
(iii)
dealing on own account,
(iv)
portfolio management,
(v)
investment advice,
(vi)
underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis,
(vii)
placing of financial instruments without a firm commitment basis,
(viii)
any service in relation to the admission to trading on a regulated market or trading on a multilateral trading facility;
(f)
“transferable securities” means the following classes of securities which are negotiable on the capital market, with the exception of instruments of payment:
(i)
shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares,
(ii)
bonds or other forms of securitised debt, including depositary receipts in respect of such securities,
(iii)
any other securities giving the right to acquire or sell any such transferable securities;’
.
(2)
The following Article is inserted:
‘Article 2a
1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology as included in Annex I to Regulation (EC) No 428/2009, whether or not originating in the Union, to natural or legal persons, entities or bodies in Russia as listed in Annex IV to this Regulation.
2. It shall be prohibited:
(a)
to provide technical assistance, brokering services or other services related to goods and technology set out in paragraph 1 and to the provision, manufacture, maintenance and use of these goods and technology, directly or indirectly to any person, entity or body in Russia, as listed in Annex IV;
(b)
to provide financing or financial assistance related to goods and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any person, entity or body in in Russia, as listed in Annex IV.
3. The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution of contracts or agreements concluded before 12 September 2014 and to the provision of assistance necessary to the maintenance and safety of existing capabilities within the EU.
4. The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of dual use goods and technology intended for the aeronautics and space industry, or the related provision of technical and financial assistance, for non military use and for a non military end user, as well as for maintenance and safety of existing civil nuclear capabilities within the EU, for non military use and for a non military end user.’
.
(3)
The following Article is inserted:
‘Article 3a
1. It shall be prohibited to provide, directly or indirectly, the following associated services necessary for deep water oil exploration and production, arctic oil exploration and production, or shale oil projects in Russia:
(i) drilling, (ii) well testing, (iii) logging and completion services, (iv) supply of specialised floating vessels.
2. The prohibitions in paragraph 1 shall be without prejudice to the execution of an obligation arising from a contract or a framework agreement concluded before 12 September 2014 or ancillary contracts necessary for the execution of such contracts.
3. The prohibition in paragraph 1 shall not apply where the services in question are necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment.’
.
(4)
In Article 4(1), point (b) is replaced by the following:
‘(b)
to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List, including in particular grants, loans and export credit insurance or guarantee, as well as insurance and reinsurance for any sale, supply, transfer or export of such items, or for any provision of related technical assistance, to any natural or legal person, entity or body in Russia or for use in Russia;’
.
(5)
Article 5 is replaced by the following:
‘Article 5
1. It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments with a maturity exceeding 90 days, issued after 1 August 2014 to 12 September 2014, or with a maturity exceeding 30 days, issued after 12 September 2014 by:
(a)
a major credit institution, or other major institution having an explicit mandate to promote competitiveness of the Russian economy, its diversification and encouragement of investment, established in Russia with over 50 % public ownership or control as of 1 August 2014, as listed in Annex III; or
(b)
a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex III; or
(c)
a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (b) of this paragraph or listed in Annex III.
2. It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments with a maturity exceeding 30 days, issued after 12 September 2014 by:
(a)
a legal person, entity or body established in Russia predominantly engaged and with major activities in the conception, production, sales or export of military equipment or services, as listed in Annex V, except legal persons, entities or bodies active in the space or the nuclear energy sectors;
(b)
a legal person, entity or body established in Russia, which are publicly controlled or with over 50 % public ownership and having estimated total assets of over 1 trillion Russian Roubles and whose estimated revenues originate for at least 50 % from the sale or transportation of crude oil or petroleum products, as listed in Annex VI;
(c)
a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in point (a) or (b) of this paragraph; or
(d)
a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c) of this paragraph.
3. It shall be prohibited to directly or indirectly make or be part of any arrangement to make new loans or credit with a maturity exceeding 30 days to any legal person, entity or body referred to in paragraph 1 or 2, after 12 September 2014 except for loans or credit that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and Russia or for loans that have a specific and documented objective to provide emergency funding to meet solvency and liquidity criteria for legal persons established in the Union, whose proprietary rights are owned for more than 50 % by any entity referred to in Annex III.’
.
(5a)
Point (a) of Article 11(1) is replaced by the following:
‘(a)
entities referred to in points (b) and (c) of Article 5(1) and points (c) and (d) of Article 5(2), or listed in Annexes III, IV, V and VI;’
.
(6)
Article 12 is replaced by the following:
‘Article 12
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in Articles 2, 2a, 3a, 4 or 5, including by acting as a substitute for the entities referred to in Article 5, or by using the exceptions in Article 5(3) to fund entities referred to in Article 5.’
.
(7)
Annex I to this Regulation is added as Annex IV.
(8)
Annex II to this Regulation is added as Annex V.
(9)
Annex III to this Regulation is added as Annex VI.
Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 September 2014.
For the Council
The President
S. GOZI
(1) See page 54 of this Official Journal.
(2) Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1).
(3) Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).
(4) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).
ANNEX I
‘ANNEX IV
List of natural or legal persons, entities or bodies, referred to in Article 2a
JSC Sirius (optoelectronics for civil and military purposes)
OJSC Stankoinstrument (mechanical engineering for civil and military purposes)
OAO JSC Chemcomposite (materials for civil and military purposes)
JSC Kalashnikov (small arms)
JSC Tula Arms Plant (weapons systems)
NPK Technologii Maschinostrojenija (ammunition)
OAO Wysokototschnye Kompleksi (anti-aircraft and anti-tank systems)
OAO Almaz Antey (state-owned enterprise; arms, ammunition, research)
OAO NPO Bazalt (state-owned enterprise, production of machinery for the production of arms and ammunition)’
ANNEX II
‘ANNEX V
List of persons, entities and bodies referred to in Article 5(2)(a)
OPK OBORONPROM
UNITED AIRCRAFT CORPORATION
URALVAGONZAVOD’
ANNEX III
‘ANNEX VI
List of persons, entities and bodies referred to in Article 5(2)(b)
ROSNEFT
TRANSNEFT
GAZPROM NEFT’ |
15.3.2014
EN
Official Journal of the European Union
L 77/44
REGULATION (EU) No 233/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2014
establishing a financing instrument for development cooperation for the period 2014-2020
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 Articles 209(1) and 212(2) 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 Committee of the Regions (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
This Regulation forms part of the Union's development cooperation policy and constitutes one of the instruments providing support for the Union's external policies. It replaces Regulation (EC) No 1905/2006 of the European Parliament and of the Council (3), which expired on 31 December 2013.
(2)
The fight against poverty remains the primary objective of the development policy of the Union, as laid down in Title V, Chapter 1 of the Treaty on European Union (TEU) and Title III, Chapter 1 of Part Five of the Treaty on the Functioning of the European Union (TFEU), in line with the Millennium Development Goals (MDGs) and other internationally agreed development commitments and objectives approved by the Union and by the Member States in the context of the United Nations (UN) and other competent international fora.
(3)
The joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (4) (the ‘European Consensus’), and agreed modifications thereto, provides the general policy framework, the orientations and the focus to guide the implementation of this Regulation.
(4)
Over time, Union assistance should contribute to reducing aid dependence.
(5)
The Union's action on the international scene is to be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world, namely democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the United Nations Charter and international law. The Union is to seek to develop and consolidate commitment to those principles in partner countries, territories and regions through dialogue and cooperation. In pursuing those principles, the Union proves its added value as an actor in development policies.
(6)
In implementing this Regulation, and in particular during the programming process, the Union should have due regard to the priorities, objectives and benchmarks in human rights and democracy established by the Union for partner countries, in particular its human rights country strategies.
(7)
Respect for human rights, fundamental freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality are essential for the development of partner countries, and those issues should be mainstreamed in the Union's development policy, particularly in programming and in agreements with partner countries.
(8)
Aid effectiveness, greater transparency, cooperation and complementarity and better harmonisation, alignment with partner countries, as well as coordination of procedures, both between the Union and the Member States and in relations with other donors and development actors, are essential for ensuring the consistency and relevance of aid whilst at the same time reducing the costs borne by partner countries. Through its development policy, the Union is committed to implementing the conclusions of the Declaration on Aid Effectiveness adopted by the High Level Forum on Aid Effectiveness, held in Paris on 2 March 2005, the Accra Agenda for Action adopted on 4 September 2008 and their follow-up Declaration adopted in Busan on 1 December 2011. Those commitments have led to a number of conclusions of the Council and of the Representatives of the Governments of the Member States meeting within the Council, such as the EU Code of Conduct on Complementarity and Division of Labour in Development Policy and the Operational Framework on Aid Effectiveness. Efforts and procedures for achieving joint programming should be reinforced.
(9)
Union assistance should support the Joint Africa-EU Strategy, adopted at the EU-Africa Summit on 8-9 December 2007 in Lisbon and subsequent modifications and additions thereto, based on the shared vision, principles and objectives underpinning the Africa-EU Strategic Partnership.
(10)
The Union and the Member States should improve the consistency, coordination and complementarity of their respective policies on development cooperation, in particular by responding to partner countries' and regions' priorities at country and at regional level. To ensure that the Union's development cooperation policy and that of the Member States complement and reinforce each other, and to ensure cost-effective aid delivery while avoiding overlaps and gaps, it is both urgent and appropriate to provide for joint programming procedures which should be implemented whenever possible and relevant.
(11)
The Union's policy and international action for development cooperation are guided by the MDGs such as the eradication of extreme poverty and hunger, including any subsequent modifications thereto, and by the development objectives, principles and commitments approved by the Union and the Member States, including in the context of their cooperation within the UN and other competent international fora in the field of development cooperation. The Union's policy and international action are also guided by its commitments and obligations concerning human rights and development, including the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the UN Convention on the Rights of the Child, and the UN Declaration on the Right to Development.
(12)
The Union is strongly committed to gender equality as a human right, a question of social justice and a core value of the Union's development policy. Gender equality is central to the achievement of all MDGs. On 14 June 2010, the Council endorsed the EU Plan of Action 2010-2015 on Gender Equality and Women's Empowerment in Development.
(13)
The Union should, as a matter of high priority, promote a comprehensive approach in response to crisis and disaster and to conflict-affected and fragile situations, including those of transition and post-crisis. This should, in particular, build on the Council conclusions of 19 November 2007 on an EU response to situations of fragility and the conclusions of the Council and the Representatives of the Governments of the Member States meeting within the Council, also dated 19 November 2007, on security and development, as well as build on the Council conclusions of 20 June 2011 on conflict prevention, as well as any relevant subsequent conclusions.
(14)
Particularly in those situations where needs are most urgent and poverty both most widespread and deepest, Union support should be geared at strengthening the resilience of countries and their populations to adverse events. That should be done through the appropriate mix of approaches, responses and instruments, in particular by ensuring that the security-oriented, humanitarian and development approaches are balanced, consistent and effectively coordinated, thereby linking relief, rehabilitation and development.
(15)
Union assistance should focus on where it has more impact, having regard to its capacity to act on a global scale and to respond to global challenges such as poverty eradication, sustainable and inclusive development and worldwide promotion of democracy, good governance, human rights and the rule of law, its long-term and predictable commitment to development assistance and its role in coordinating with the Member States. To ensure such impact, the principle of differentiation should be applied, not only at the level of fund allocation, but also at the level of programming, to ensure that bilateral development cooperation targets partner countries most in need, including fragile States and States with high vulnerability, and with limited capacity to access other sources of financing to support their own development. The Union should engage in new partnerships with countries that graduate from bilateral aid programmes, notably on the basis of regional and thematic programmes under this instrument and other thematic Union instruments for financing external action, in particular the Partnership Instrument for cooperation with third countries as established by Regulation (EU) No 234/2014 of the European Parliament and of the Council (5) (the ‘Partnership Instrument’).
(16)
The Union should seek the most efficient use of available resources in order to optimise the impact of its external action. That should be achieved through a comprehensive approach for each country based on coherence and complementarity between the Union's instruments for external action, as well as the creation of synergies between this instrument, other Union instruments for financing external action and other policies of the Union. This should further entail mutual reinforcement of the programmes devised under the instruments for financing external action. While striving for overall consistency of the Union's external action in accordance with Article 21 TEU, the Union is to ensure policy coherence for development as required by Article 208 TFEU.
(17)
While respecting the principle of policy coherence for development, this Regulation should allow for enhanced consistency between Union policies. It should also enable full alignment with partner countries and regions by using, where possible, as the basis for the programming of the Union's action, national development plans or similar comprehensive development documents, adopted with the involvement of national and regional bodies concerned. It should furthermore pursue better coordination amongst donors, in particular between the Union and the Member States, through joint programming.
(18)
In a globalised world, different internal Union policies such as environment, climate change, promotion of renewable energies, employment (including decent work for all), gender equality, energy, water, transport, health, education, justice and security, culture, research and innovation, information society, migration and agriculture and fisheries are increasingly becoming part of the Union's external action.
(19)
A strategy for smart, sustainable and inclusive growth, i.e. involving growth patterns that enhance social, economic and territorial cohesion and enable the poor to increase their contribution to, and benefit from, national wealth, underlines the commitment of the Union to promote, in its internal and external policies, smart, inclusive and sustainable growth bringing together three pillars: economic, social and environmental.
(20)
Fighting climate change and protecting the environment are among the great challenges which the Union and developing countries are facing, and where the need for national and international action is urgent. This Regulation should therefore contribute to the objective of addressing at least 20 % of the Union budget to a low carbon and climate resilient society, and the ‘Global Public Goods and Challenges’ programme provided for in this Regulation should use at least 25 % of its funds to cover climate change and environment. Actions in those areas should, wherever possible, be mutually supportive in order to reinforce their impact.
(21)
This Regulation should enable the Union to contribute to fulfilling the joint Union commitment of providing continued support for human development to improve peoples' lives. To contribute to that end, at least 25 % of the ‘Global Public Goods and Challenges’ programme should support that area of development.
(22)
At least 20 % of the assistance under this Regulation should be allocated to basic social services, with a focus on health and education, as well as to secondary education, recognising that a degree of flexibility must be the norm such as in cases where exceptional assistance is involved. Data concerning compliance with that requirement should be included in the annual report referred to in Regulation (EU) No 236/2014 of the European Parliament and of the Council (6).
(23)
In the UN Istanbul Programme of Action for the Least Developed Countries for the Decade 2011–2020, least developed countries committed to integrate trade and trade capacity-building policies into their national development strategies. Furthermore, at the World Trade Organisation 8th Ministerial Conference held in Geneva on 15-17 December 2011, ministers agreed to maintain, beyond 2011, Aid for Trade levels that at least reflect the average of the period 2006-2008. Better and more targeted Aid for Trade and trade facilitation must accompany those efforts.
(24)
While thematic programmes should primarily support developing countries, some beneficiary countries as well as the overseas countries and territories (OCTs) the characteristics of which do not satisfy the requirements allowing them to be defined as Official Development Assistance (‘ODA’) recipients by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (‘OECD/DAC’) but which are covered by point (b) of Article 1(1) should also be eligible for thematic programmes subject to the conditions laid down in this Regulation.
(25)
The details of areas of cooperation and adjustments of financial allocations per geographic area and area of cooperation constitute non-essential elements of this Regulation. Consequently, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for updating the elements of the Annexes to this Regulation which set out the details of the areas of cooperation under geographic and thematic programmes and the indicative financial allocations per geographic area and area of cooperation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(26)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the strategy papers and multiannual indicative programmes referred to in this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7).
(27)
Given the nature of such implementing acts, in particular their policy orientation nature and their budgetary implications, the examination procedure should in principle be used for their adoption, except in the case of measures of a small financial scale.
(28)
The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the need for a swift response from the Union, imperative grounds of urgency so require.
(29)
Common rules and procedures for the implementation of the Union's instruments for financing external action are laid down in Regulation (EU) No 236/2014.
(30)
The organisation and functioning of the European External Action Service are established in Council Decision 2010/427/EU (8).
(31)
Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(32)
This Regulation lays down a financial envelope for its period of application which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (9), for the European Parliament and the Council during the annual budgetary procedure.
(33)
It is appropriate to align the period of application of this Regulation with that of Council Regulation (EU, Euratom) No 1311/2013 (10). Therefore, this Regulation should apply from 1 January 2014 until 31 December 2020,
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject-matter and scope
1. This Regulation establishes an instrument (the ‘Development Cooperation Instrument’ or ‘DCI’) under which the Union may finance:
(a)
geographic programmes aimed at supporting development cooperation with developing countries that are included in the list of recipients of ODA established by the OECD/DAC, except for:
(i)
countries that are signatories to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (11), excluding South Africa;
(ii)
countries eligible for the European Development Fund;
(iii)
countries eligible for Union funding under the European Neighbourhood Instrument established by Regulation (EU) No 232/2014 of the European Parliament and of the Council (12) (the ‘European Neighbourhood Instrument’);
(iv)
beneficiaries eligible for Union funding under the Instrument for Pre-accession Assistance established by Regulation (EU) No 231/2014 of the European Parliament and of the Council (13) (the ‘Instrument for Pre-accession Assistance’).
(b)
thematic programmes to address development-related global public goods and challenges and support civil society organisations and local authorities in partner countries pursuant to point (a) of this paragraph, countries eligible for Union financing under the instruments referred to in points (i) to (iii) of point (a) of this paragraph, and countries and territories falling within the scope of Council Decision 2013/755/EU (14);
(c)
a Pan-African programme to support the strategic partnership between Africa and the Union and subsequent modifications and additions thereto, to cover activities of a trans-regional, continental or global nature in and with Africa.
2. For the purposes of this Regulation, a region is a geographical entity comprising more than one developing country.
3. The countries and territories referred to in paragraph 1 are referred to in this Regulation as ‘partner countries’ or ‘partner regions’ as the case may be under the relevant geographic, thematic or Pan-African programme.
Article 2
Objectives and eligibility criteria
1. Within the framework of the principles and objectives of the Union's external action and of the European Consensus and agreed modifications thereto:
(a)
the primary objective of cooperation under this Regulation shall be the reduction and, in the long term, the eradication of poverty;
(b)
consistently with the primary objective referred to in point (a), cooperation under this Regulation shall contribute to:
(i)
fostering sustainable economic, social and environmental development, and
(ii)
consolidating and supporting democracy, the rule of law, good governance, human rights and the relevant principles of international law.
The achievement of the objectives referred to in the first subparagraph shall be measured using relevant indicators, including human development indicators, in particular MDG 1 for point (a) and MDGs 1 to 8 for point (b) and, after 2015, other indicators agreed at international level by the Union and the Member States.
2. Cooperation under this Regulation shall contribute to the achievement of the international commitments and objectives in the field of development that the Union has agreed to, in particular the MDGs, and post-2015 new development targets.
3. Actions under geographic programmes shall be designed so as to fulfil the criteria for ODA established by the OECD/DAC.
Actions under the thematic programmes and the Pan-African programme shall be designed so as to fulfil the criteria for ODA established by the OECD/DAC, unless:
(a)
the action applies to a beneficiary country or territory that does not qualify as an ODA recipient country or territory according to the OECD/DAC; or
(b)
the action implements a global initiative, a Union policy priority or an international obligation or commitment of the Union, as referred to in points (b) and (e) of Article 6(2), and the action does not have the characteristics to fulfil the criteria for ODA.
4. Without prejudice to point (a) of paragraph 3, at least 95 % of the expenditure foreseen under the thematic programmes and at least 90 % of the expenditure foreseen under the Pan-African programme shall fulfil the criteria for ODA established by the OECD/DAC.
5. Actions covered by Council Regulation (EC) No 1257/96 (15) and eligible for funding under that Regulation shall not be funded under this Regulation, except where there is a need to ensure continuity of cooperation from crisis to stable conditions for development. In such cases, special consideration shall be given to ensuring that humanitarian relief, rehabilitation and development assistance are effectively linked.
Article 3
General principles
1. The Union shall seek to promote, develop and consolidate the principles of democracy, the rule of law and respect for human rights and fundamental freedoms on which it is founded, through dialogue and cooperation with partner countries and regions.
2. In the implementation of this Regulation, a differentiated approach amongst partner countries shall be pursued, in order to ensure that they are provided with specific, tailor-made cooperation based on:
(a)
their needs, based on criteria such as population, income per capita, the extent of poverty, income distribution and the level of human development;
(b)
their capacities to generate and access financial resources and on their absorption capacities;
(c)
their commitments and performance, based on criteria and indicators, such as political, economic and social progress, gender equality, progress in good governance and human rights, and the effective use of aid, in particular the way a country uses scarce resources for development, beginning with its own resources; and
(d)
the potential impact of Union assistance in partner countries.
The countries most in need, in particular the least developed countries, low income countries and countries in crisis, post-crisis, fragile and vulnerable situations, shall be given priority in the resource allocation process.
Criteria such as the Human Development Index, the Economic Vulnerability Index and other relevant indexes, including for measuring in-country poverty and inequality, shall be taken into account in order to underpin the analysis and identification of the countries most in need.
3. Throughout all programmes, cross-cutting issues as defined in the European Consensus shall be mainstreamed. In addition, conflict prevention, decent work and climate change shall be mainstreamed, where relevant.
The cross-cutting issues referred to in the first subparagraph shall be understood to encompass the following dimensions, to which specific attention shall be given where circumstances so require: non-discrimination, the rights of persons belonging to minorities, the rights of persons with disabilities, the rights of persons with life-threatening diseases and of other vulnerable groups, core labour rights and social inclusion, the empowerment of women, the rule of law, capacity building for parliaments and civil society, and the promotion of dialogue, participation and reconciliation, as well as institution building, including at local and regional level.
4. In implementing this Regulation, policy coherence for development and consistency with other areas of Union external action and with other relevant Union policies shall be ensured, in accordance with Article 208 TFEU.
In this regard, measures financed under this Regulation, including those managed by the European Investment Bank (EIB), shall be based on the development cooperation policies set out in instruments such as agreements, declarations and action plans between the Union and the partner countries and regions concerned, and on the relevant Union decisions, specific interests, policy priorities and strategies.
5. The Union and the Member States shall seek regular and frequent exchanges of information, including with other donors, and shall promote better donor coordination and complementarity by working towards joint multiannual programming based on partner countries' poverty reduction or equivalent development strategies. They may undertake joint action, including joint analysis of and joint response to those strategies identifying priority sectors of intervention and in-country division of labour, by means of joint donor-wide missions and by the use of co-financing and delegated cooperation arrangements.
6. The Union shall promote a multilateral approach to global challenges and shall cooperate with Member States in that respect. Where appropriate, it shall foster cooperation with international organisations and bodies and other bilateral donors.
7. Relations between the Union and the Member States, on the one hand, and partner countries, on the other hand, shall be based on and shall promote the shared values of human rights, democracy and the rule of law as well as the principles of ownership and mutual accountability.
Furthermore, relations with partner countries shall take into account their commitment and track record in implementing international agreements and contractual relations with the Union.
8. The Union shall promote effective cooperation with partner countries and regions in line with international best practice. It shall align its support with their national or regional development strategies, reform policies and procedures wherever possible, and support democratic ownership, as well as domestic and mutual accountability. To that end, it shall promote:
(a)
a development process that is transparent and partner country- or region-led and owned, including the promotion of local expertise;
(b)
a rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural, in order to integrate human rights principles in the implementation of this Regulation, to assist partner countries in implementing their international human rights obligations and to support the right holders, with a focus on poor and vulnerable groups, in claiming their rights;
(c)
the empowerment of the population of partner countries, inclusive and participatory approaches to development and a broad involvement of all segments of society in the development process and in national and regional dialogue, including political dialogue. Particular attention shall be given to the respective roles of parliaments, local authorities and civil society, inter alia regarding participation, oversight and accountability;
(d)
effective cooperation modalities and instruments as set out in Article 4 of Regulation (EU) No 236/2014, in line with OECD/DAC best practices, including the use of innovative instruments such as blending grants and loans and other risk-sharing mechanisms in selected sectors and countries and private-sector engagement, with due regard to the issues of debt sustainability, the number of such mechanisms, and the requirement for systematic assessment of the impact in accordance with the objectives of this Regulation, in particular poverty reduction.
All programmes, interventions and cooperation modalities and instruments shall be adapted to the particular circumstances of each partner country or region, with a focus on programme-based approaches, on the delivery of predictable aid funding, on the mobilisation of private resources, including from the local private sector, on universal and non-discriminatory access to basic services, and on the development and use of country systems;
(e)
mobilisation of domestic revenue through the reinforcement of partner countries' fiscal policy with the purpose of reducing poverty and aid dependence;
(f)
an improved impact of policies and programming through coordination, consistency and harmonisation between donors to create synergies and avoid overlap and duplication, to improve complementarity and to support donor-wide initiatives;
(g)
coordination in partner countries and regions using agreed guidelines and best practice principles on coordination and aid effectiveness;
(h)
results-based approaches to development, including through the use of transparent country-level results frameworks, based on, where appropriate, internationally agreed targets and indicators such as those of the MDGs, to assess and communicate the results, including the outputs, outcomes and impact of development aid.
9. The Union shall support, as appropriate, the implementation of bilateral, regional and multilateral cooperation and dialogue, the development dimension of partnership agreements, and triangular cooperation. The Union shall also promote South-South cooperation.
10. The Commission shall inform and have regular exchanges of views with the European Parliament.
11. The Commission shall have regular exchanges of information with civil society and local authorities.
12. In its development cooperation activities the Union shall, as appropriate, draw from and share the reform and transition experiences of Member States and the lessons learned.
13. Union assistance under this Regulation shall not be used to finance the procurement of arms or ammunition, or operations having military or defence purposes.
TITLE II
PROGRAMMES
Article 4
Implementation of Union Assistance
Union assistance shall be implemented, in accordance with Regulation (EU) No 236/2014, through:
(a)
geographic programmes;
(b)
thematic programmes, composed of:
(i)
a ‘Global Public Goods and Challenges’ programme, and
(ii)
a ‘Civil Society Organisations and Local Authorities’ programme, and
(c)
a Pan-African programme.
Article 5
Geographic programmes
1. Union cooperation activities under this Article shall be implemented for activities of a national, regional, trans-regional and continental nature.
2. A geographic programme shall encompass cooperation in appropriate areas of activity:
(a)
regionally with partner countries referred to in point (a) of Article 1(1), in particular with a view to easing the impact of graduation in partner countries showing high and growing inequalities; or
(b)
bilaterally:
(i)
with partner countries that are not upper middle income countries on the OECD/DAC list of developing countries, or do not have a gross domestic product greater than one per cent of global gross domestic product;
(ii)
in exceptional cases, including with a view to phasing out development grant aid, bilateral cooperation may also be undertaken with a limited number of partner countries when duly justified in accordance with Article 3(2). Phasing-out shall take place in close coordination with other donors. Ending that type of cooperation shall, where appropriate, be accompanied by a policy dialogue with the countries concerned, focusing on the needs of the poorest and most vulnerable groups.
3. In order to attain the objectives laid down in Article 2, geographic programmes shall be drawn from the areas of cooperation contained in the European Consensus and subsequent agreed modifications thereto as well as from the following areas of cooperation:
(a)
human rights, democracy and good governance:
(i)
human rights, democracy and the rule of law;
(ii)
gender equality, empowerment of and equal opportunities for women;
(iii)
public sector management at central and local level;
(iv)
tax policy and administration;
(v)
fight against corruption;
(vi)
civil society and local authorities;
(vii)
the promotion and protection of the rights of children;
(b)
inclusive and sustainable growth for human development:
(i)
health, education, social protection, employment and culture;
(ii)
business environment, regional integration and world markets;
(iii)
sustainable agriculture; food and nutrition security;
(iv)
sustainable energy;
(v)
natural resources management, including land, forestry and water;
(vi)
climate change and environment;
(c)
other areas of significance for development:
(i)
migration and asylum;
(ii)
linking humanitarian relief and development cooperation;
(iii)
resilience and disaster risk reduction;
(iv)
development and security, including conflict prevention.
4. Further details of the areas of cooperation referred to in paragraph 3 are set out in Annex I.
5. Within each bilateral programme, the Union shall, in principle, concentrate its assistance on a maximum of three sectors, to be agreed with the partner country concerned where possible.
Article 6
Thematic programmes
1. Actions undertaken through thematic programmes shall add value to, and be complementary to and coherent with, actions funded under geographic programmes.
2. At least one of the following conditions shall apply to the programming of thematic actions:
(a)
Union policy objectives under this Regulation cannot be achieved in an appropriate or effective manner through geographic programmes, including, where appropriate, where there is no geographic programme or where it has been suspended or where there is no agreement on the action with the partner country concerned;
(b)
the actions address global initiatives supporting internationally agreed development goals or global public goods and challenges;
(c)
the actions have a multi-regional, multi-country and/or cross-cutting nature;
(d)
the actions implement innovative policies or initiatives with the objective of informing future actions;
(e)
the actions reflect a Union policy priority or an international obligation or commitment of the Union relevant to development cooperation.
3. Unless otherwise provided for in this Regulation, thematic actions shall directly benefit countries or territories specified in point (b) of Article 1(1) and shall be carried out in those countries or territories. Such actions may be carried out outside those countries or territories when it is the most effective way of achieving the objectives of the programme concerned.
Article 7
Global Public Goods and Challenges
1. The objective of Union assistance under the ‘Global Public Goods and Challenges’ programme shall be to support actions in areas to be drawn from:
(a)
environment and climate change;
(b)
sustainable energy;
(c)
human development, including decent work, social justice and culture;
(d)
food and nutrition security and sustainable agriculture; and
(e)
migration and asylum.
2. Further details of the areas of cooperation referred to in paragraph 1 are set out in Part A of Annex II.
Article 8
Civil Society Organisations and Local Authorities
1. The objective of Union assistance under the ‘Civil Society Organisations and Local Authorities’ programme shall be to strengthen civil society organisations and local authorities in partner countries and, where provided for in this Regulation, in the Union and in the beneficiaries eligible under Regulation (EU) No 231/2014.
The actions to be financed shall be primarily carried out by civil society organisations and local authorities. Where appropriate, in order to ensure their effectiveness, actions may be carried out by other actors for the benefit of the civil society organisations and the local authorities concerned.
2. Further details of the areas of cooperation under this Article are set out in Part B of Annex II.
Article 9
Pan-African Programme
1. The objective of Union assistance under the Pan-African programme shall be to support the strategic partnership between Africa and the Union, and subsequent modifications and additions thereto, to cover activities of a trans-regional, continental or global nature in and with Africa.
2. The Pan-African programme shall be complementary to and consistent with other programmes under this Regulation, as well as other Union's instruments for financing external action, in particular the European Development Fund and the European Neighbourhood Instrument.
3. Further details of the areas of cooperation under this Article are set out in Annex III.
TITLE III
PROGRAMMING AND ALLOCATION OF FUNDS
Article 10
General framework
1. For geographic programmes, multiannual indicative programmes for partner countries and regions shall be drawn up on the basis of a strategy document as provided for in Article 11.
For thematic programmes, multiannual indicative programmes shall be drawn up as provided for in Article 13.
The Pan-African multiannual indicative programme shall be drawn up as provided for in Article 14.
2. The Commission shall adopt the implementing measures referred to in Article 2 of Regulation (EU) No 236/2014 on the basis of the programming documents referred to in Articles 11, 13 and 14 of this Regulation.
3. Union support may also take the form of measures not covered in the programming documents referred to in Articles 11, 13 and 14 of this Regulation, as provided for in Article 2 of Regulation (EU) No 236/2014.
4. The Union and the Member States shall consult each other at an early stage of and throughout the programming process in order to promote coherence, complementarity and consistency among their cooperation activities. Such consultation may lead to joint programming between the Union and the Member States. The Union shall also consult other donors and development actors, including representatives of civil society, local authorities and other implementing bodies. The European Parliament shall be informed.
5. Programming under this Regulation shall have due regard to human rights and democracy in partner countries.
6. Funds provided for by this Regulation may be left unallocated in order to ensure an appropriate response of the Union in the event of unforeseen circumstances, in particular in fragile, crisis and post-crisis situations, as well as to allow for the synchronisation with partner countries' strategy cycles and the modification of indicative financial allocations as a result of the reviews carried out pursuant to Article 11(5), Article 13(2) and Article 14(3). Subject to their subsequent allocation or re-allocation in accordance with the procedures provided for in Article 15, the use of those funds shall be decided at a later date in accordance with Regulation (EU) No 236/2014.
The part of funds left unallocated at the level of each type of programme shall not exceed 5 %, except for the purpose of synchronisation and for countries referred to in Article 12(1).
7. Without prejudice to Article 2(3), the Commission may include a specific financial allocation to assist partner countries and regions in strengthening their cooperation with neighbouring Union outermost regions.
8. Any programming or review of programmes taking place after the publication of the mid-term review report referred to in Article 17 of Regulation (EU) No 236/2014 shall take into account the results, findings and conclusions of that report.
Article 11
Programming documents for geographic programmes
1. The preparation, implementation and review of all programming documents under this Article shall comply with the principles of policy coherence for development and those of aid effectiveness, namely democratic ownership, partnership, coordination, harmonisation, alignment with partner country or regional systems, transparency, mutual accountability and results orientation as laid down in Article 3(4) to (8). Where possible, the programming period shall be synchronised with partner country strategy cycles.
Programming documents for geographic programmes, including joint programming documents, shall be based, to the extent possible, on a dialogue between the Union, the Member States and the partner country or region concerned, including national and regional parliaments, and shall involve civil society and local authorities and other parties so as to enhance ownership of the process and to encourage support for national development strategies, particularly for those aimed at reducing poverty.
2. Strategy papers shall be drawn up by the Union for the partner country or region concerned to provide a coherent framework for development cooperation between the Union and that partner country or region, consistent with the overall purpose and scope, objectives, principles and policy provisions set out in this Regulation.
3. No strategy paper shall be required for:
(a)
countries having a national development strategy in the form of a national development plan or a similar development document accepted by the Commission as a basis for the corresponding multiannual indicative programme, at the time of adoption of the latter document;
(b)
countries or regions for which a joint framework document laying down a comprehensive Union strategy, including a specific chapter on development policy, has been drawn up;
(c)
countries or regions for which a joint multiannual programming document between the Union and Member States has been agreed;
(d)
regions having a jointly agreed strategy with the Union;
(e)
countries where the Union intends to synchronise its strategy with a new national cycle starting before 1 January 2017; in such cases the multiannual indicative programme for the interim period between 1 January 2014 and the beginning of the new national cycle shall contain the Union's response for that country;
(f)
countries or regions receiving an allocation of Union funds under this Regulation not exceeding EUR 50 000 000 for the 2014-2020 period.
In the cases referred to in points (b) and (f) of the first subparagraph, the multiannual indicative programme for the country or region concerned shall contain the Union's development strategy for that country or region.
4. Strategy papers shall be reviewed at their mid-term or on an ad hoc basis as necessary, in accordance, as appropriate, with the principles and procedures laid down in the partnership and cooperation agreements concluded with the partner country or region concerned.
5. Multiannual indicative programmes for geographic programmes shall be drawn up for each of the countries or regions receiving an indicative financial allocation of Union funds under this Regulation. Except for countries or regions referred to in points (e) and (f) of the first subparagraph of paragraph 3, those documents shall be drawn up on the basis of the strategy papers or equivalent documents as referred to in paragraph 3.
For the purpose of this Regulation, the joint multiannual programming document referred to in point (c) of the first subparagraph of paragraph 3 of this Article may be considered as the multiannual indicative programme, provided that it complies with the principles and conditions established in this paragraph, including an indicative allocation of funds, and with the procedures provided for in Article 15.
Multiannual indicative programmes for geographic programmes shall set out the priority areas selected for Union financing, the specific objectives, the expected results, clear, specific and transparent performance indicators, the indicative financial allocations, both overall and per priority area and, where applicable, aid modalities.
The Commission shall adopt the multiannual indicative financial allocations within each geographic programme in accordance with the general principles of this Regulation, based on the criteria laid down in Article 3(2), and taking into account, alongside the specificity of the different programmes, the particular difficulties faced by countries or regions that are in crisis, are vulnerable, fragile, in conflict or are disaster prone.
Where appropriate, the financial allocations may be given in the form of a range and/or some funds may be left unallocated. No indicative financial allocations may be foreseen beyond the period 2014-2020, unless they are specifically subject to the availability of resources beyond that period.
The multiannual indicative programmes for geographic programmes may be reviewed where necessary, including for effective implementation, taking into account mid-term or ad hoc reviews of the strategy document on which they are based.
Indicative financial allocations, priorities, specific objectives, expected results, performance indicators and, where applicable, aid modalities may also be adapted as a result of reviews, in particular following a crisis or post-crisis situation.
Such reviews should cover needs as well as the commitment and progress with regard to agreed objectives for development, including those referring to human rights, democracy, the rule of law and good governance.
6. The Commission shall report on joint programming with Member States in the mid-term review report referred to in Article 17 of Regulation (EU) No 236/2014 and shall include recommendations in cases where joint programming was not fully achieved.
Article 12
Programming for countries and regions in crisis, post-crisis or situations of fragility
1. When drawing up the programming documents for countries and regions in crisis, post-crisis or situations of fragility or prone to natural disasters, due account shall be taken of the vulnerability, special needs and circumstances of the countries or regions concerned.
Proper attention should be given to conflict prevention, State and peace building, post-conflict reconciliation and reconstruction measures, as well as to the role of women and the rights of children in those processes.
Where partner countries or regions are directly involved in, or affected by, a crisis, post-crisis or situation of fragility, special emphasis shall be placed on stepping up coordination between relief, rehabilitation and development amongst all relevant actors to help the transition from an emergency situation to the development phase.
Programming documents for countries and regions in a situation of fragility or prone to natural disasters shall provide for disaster preparedness and prevention and for managing the consequences of such disasters and shall address vulnerability to shocks and strengthen resilience.
2. On duly justified imperative grounds of urgency, such as crises or immediate threats to democracy, the rule of law, human rights or fundamental freedoms, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 16(4) of Regulation (EU) No 236/2014 in order to modify strategy papers and multiannual indicative programmes referred to in Article 11 of this Regulation.
Such reviews may entail a specific and adapted strategy to ensure the transition to long-term cooperation and development, promoting a better coordination and transition between the humanitarian and development policy instruments.
Article 13
Programming documents for thematic programmes
1. Multiannual indicative programmes for thematic programmes shall set out the Union's strategy for the theme concerned and, with regard to the ‘Global Public Goods and Challenges’ programme, for each area of cooperation, the priorities selected for financing by the Union, the specific objectives, the expected results, clear, specific and transparent performance indicators, the international situation and the activities of the main partners and, where applicable, aid modalities.
Where applicable, resources and intervention priorities shall be laid down for participation in global initiatives.
Multiannual indicative programmes for thematic programmes shall be complementary to geographic programmes and shall be consistent with the strategy papers referred to in Article 11(2).
2. The multiannual indicative programmes for thematic programmes shall give the indicative financial allocation, overall, by area of cooperation and by priority. Where appropriate, the indicative financial allocation may be given in the form of a range and/or some funds may be left unallocated.
Multiannual indicative programmes for thematic programmes shall be reviewed where necessary for effective implementation, taking into account mid-term or ad hoc reviews.
Indicative financial allocations, priorities, specific objectives, expected results, performance indicators and, where applicable, aid modalities may also be adapted as a result of reviews.
Article 14
Programming documents for the Pan-African programme
1. The preparation, implementation and review of the programming documents for the Pan-African programme shall comply with the principles of aid effectiveness as laid down in Article 3(4) to (8).
Programming documents for the Pan-African programme shall be based on a dialogue involving all relevant stakeholders, such as the Pan-African Parliament.
2. The multiannual indicative programme for the Pan-African programme shall set out the priorities selected for financing, the specific objectives, the expected results, clear, specific and transparent performance indicators and, where applicable, aid modalities.
The multiannual indicative programme for the Pan-African programme shall be coherent with geographic and thematic programmes.
3. The multiannual indicative programme for the Pan-African programme shall give the indicative financial allocations, overall, by area of activity and by priority. Where appropriate, the indicative financial allocation may be given in the form of a range.
The multiannual indicative programme for the Pan-African programme may be reviewed where necessary, to respond to unforeseen challenges or implementation problems, and to take into account any review of the strategic partnership.
Article 15
Approval of strategy papers and adoption of multiannual indicative programmes
1 The Commission shall approve strategy papers referred to in Article 11 and shall adopt multiannual indicative programmes referred to in Articles 11, 13 and 14 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(3) of Regulation (EU) No 236/2014. That procedure shall also apply to reviews which have the effect of significantly modifying the strategy or its programming.
2. On duly justified imperative grounds of urgency, such as crises or immediate threats to democracy, the rule of law, human rights or fundamental freedoms, the Commission may review strategy papers referred to in Article 11 of this Regulation and multiannual indicative programmes referred to in Articles 11, 13 and 14 of this Regulation in accordance with the procedure referred in Article 16(4) of Regulation (EU) No 236/2014.
TITLE IV
FINAL PROVISIONS
Article 16
Participation by a third country not eligible under this Regulation
In exceptional and duly justified circumstances, and without prejudice to Article 2(3) of this Regulation, in order to ensure the coherence and effectiveness of Union financing or to foster regional or trans-regional cooperation, the Commission may decide, within the multiannual indicative programmes in accordance with Article 15 of this Regulation or the relevant implementing measures in accordance with Article 2 of Regulation (EU) No 236/2014, to extend the eligibility of actions to countries and territories which otherwise would not be eligible for financing pursuant to Article 1 of this Regulation, where the action to be implemented is of a global, regional, trans-regional or cross-border nature.
Article 17
Delegation of power to the Commission
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend:
(a)
the details of areas of cooperation referred to in:
(i)
Article 5(3) as set out in Part A and Part B of Annex I;
(ii)
Article 7(2) as set out in Part A of Annex II;
(iii)
Article 8(2) as set out in Part B of Annex II;
(iv)
Article 9(3) as set out in Annex III, in particular in follow-up to Africa-EU Summits;
(b)
indicative financial allocations under the geographic programmes and under the thematic programme ‘Global Public Goods and Challenges’, as set out in Annex IV. The amendments shall not have the effect of decreasing the initial amount by more than 5 %, except for allocations under point (b) of Annex IV(1).
2. In particular, following the publication of the mid-term review report referred to in Article 17 of Regulation (EU) No 236/2014, and based on the recommendations contained in that report, the Commission shall adopt the delegated acts referred to in paragraph 1 of this Article by 31 March 2018.
Article 18
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for the period of validity of this Regulation.
3. The delegation of power referred to in Article 17 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 19
Committee
1. The Commission shall be assisted by a committee (the ‘DCI committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. An observer from the EIB shall take part in the DCI committee's proceedings with regard to questions concerning the EIB.
Article 20
Financial envelope
1. The financial envelope for the implementation of this Regulation for the period 2014-2020 shall be EUR 19 661 639 000.
The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework.
2. The indicative amounts allocated to each programme referred to in Articles 5 to 9 for the period 2014-2020 are laid down in Annex IV.
3. In accordance with Article 18(4) of Regulation (EU) No 1288/2013 of the European Parliament and of the Council (16), an indicative amount of EUR 1 680 000 000 from the different instruments for financing external action (Development Cooperation Instrument, European Neighbourhood Instrument, Partnership Instrument and Instrument for Pre-accession Assistance) shall be allocated to actions in respect of learning mobility to or from partner countries within the meaning of Regulation (EU) No 1288/2013, and to cooperation and policy dialogue with authorities, institutions and organisations from those countries.
Regulation (EU) No 1288/2013 shall apply to the use of those funds.
The funding shall be made available through two multiannual allocations covering the first four years and the remaining three years respectively. The allocation of that funding shall be reflected in the multiannual indicative programming provided for in this Regulation, in line with the identified needs and priorities of the countries concerned. The allocations may be revised in the event of major unforeseen circumstances or important political changes in line with the priorities of the Union's external action.
4. The funding under this Regulation for actions referred to in paragraph 3 shall not exceed EUR 707 000 000. The funds shall be drawn from the financial allocations for geographic programmes, and the expected regional distribution and the types of actions shall be specified. Funding pursuant to this Regulation aimed at financing actions covered by Regulation (EU) No 1288/2013 shall be used for actions for the benefit of the partner countries which are covered by this Regulation, with particular attention paid to the poorest countries. The student and staff mobility actions funded through the allocation from this Regulation shall focus on areas that are relevant to the inclusive and sustainable development of developing countries.
5. The Commission shall include in its annual report on the implementation of this Regulation, as provided for in Article 13 of Regulation (EU) No 236/2014, a list of all actions referred to in paragraph 3 of this Article the funding of which is derived from this Regulation, including their compliance with the objectives and principles set out in Articles 2 and 3 of this Regulation.
Article 21
European External Action Service
This Regulation shall apply in accordance with Decision 2010/427/EU.
Article 22
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2014 until 31 December 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 March 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 391, 18.12.2012, p. 110.
(2) Position of the European Parliament of 11 December 2013 (not yet published in the Official Journal) and decision of the Council of 11 March 2014.
(3) Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (OJ L 378, 27.12.2006, p. 41).
(4) OJ C 46, 24.2.2006, p. 1.
(5) Regulation (EU) No 234/2014 of the European Parliament and of the Council of 11 March 2014 establishing a Partnership Instrument for cooperation with third countries (see page 77 of this Official Journal).
(6) Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action (see page 95 of this Official Journal).
(7) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(8) Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).
(9) OJ C 373, 20.12.2013, p. 1.
(10) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(11) OJ L 317, 15.12.2000, p. 3.
(12) Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (see page 27 of this Official Journal).
(13) Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA II) (see page 11 of this Official Journal).
(14) Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).
(15) Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).
(16) Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, p. 50).
ANNEX I
AREAS OF COOPERATION UNDER GEOGRAPHIC PROGRAMMES
A. COMMON AREAS OF COOPERATION UNDER GEOGRAPHIC PROGRAMMES
Geographic programmes shall be drawn from the areas of cooperation set out below, which should not be read to equate with sectors. Priorities will be established in accordance with international commitments in the area of development policy that the Union has entered into, in particular the MDGs and post-2015 internationally-agreed new development targets which modify or replace the MDGs, and on the basis of a policy dialogue with each eligible partner country or region.
I. Human rights, democracy and good governance
(a) Human rights, democracy and the rule of law
(i)
supporting democratisation and strengthening democratic institutions, including the role of parliaments;
(ii)
strengthening the rule of law and the independence of judicial and protection systems and ensuring unhindered and equal access to justice for all;
(iii)
supporting the transparent and accountable functioning of institutions and decentralisation; promoting a participatory in-country social dialogue and other dialogues on governance and human rights;
(iv)
promoting media freedom, including for modern means of communication;
(v)
promoting political pluralism, protection of civil, cultural, economic, political and social rights and protection of persons belonging to minorities and to most vulnerable groups;
(vi)
supporting the fight against discrimination and discriminatory practices on any ground, inter alia, on the basis of racial or ethnic origin, caste, religion or belief, sex, gender identity or sexual orientation, social affiliation, disability, health status or age;
(vii)
promoting civil registration, especially birth and death registration.
(b) Gender equality, empowerment of and equal opportunities for women
(i)
promoting gender equality and equity;
(ii)
protecting the rights of women and girls, including through actions against child marriage and other harmful traditional practices such as female genital mutilation and any form of violence against women and girls and support for the victims of gender-based violence;
(iii)
promoting the empowerment of women, including in their roles as development actors and peace-builders.
(c) Public sector management at central and local level
(i)
supporting the development of the public sector with the purpose of enhancing universal and non-discriminatory access to basic services, especially health and education;
(ii)
supporting programmes to improve policy formulation, public financial management, including the setting-up and reinforcement of audit, control and anti-fraud bodies and measures, and institutional development, including human resource management;
(iii)
strengthening the technical expertise of parliaments, enabling them to assess and contribute to the formulation and oversight of national budgets, including as regards domestic revenues from resource extraction and tax matters.
(d) Tax policy and administration
(i)
supporting the building-up or strengthening of fair, transparent, effective, progressive and sustainable domestic tax systems;
(ii)
strengthening monitoring capacities in developing countries in the fight against tax evasion and illicit financial flows;
(iii)
supporting the production and dissemination of work on tax fraud and its impact, in particular by oversight bodies, parliaments and civil society organisations;
(iv)
supporting multilateral and regional initiatives on tax administration and tax reforms;
(v)
supporting developing countries to participate more effectively in international tax cooperation structures and processes;
(vi)
supporting the inclusion of country-by-country and project-by-project reporting in the legislation of partner countries to enhance financial transparency.
(e) Fight against corruption
(i)
assisting partner countries in tackling all forms of corruption, including through advocacy, awareness-raising and reporting;
(ii)
increasing the capacity of control and oversight bodies and of the judiciary.
(f) Civil society and local authorities
(i)
supporting capacity building of civil society organisations, in order to strengthen their voice and active participation in the development process and to advance political, social and economic dialogue;
(ii)
supporting capacity building of local authorities and mobilising their expertise to promote a territorial approach to development, including decentralisation processes;
(iii)
promoting an enabling environment for citizen participation and civil society action.
(g) Promotion and protection of the rights of children
(i)
promoting the granting of legal documents;
(ii)
supporting an adequate and healthy standard of life and healthy growth to adulthood;
(iii)
ensuring the provision of basic education to all.
II. Inclusive and sustainable growth for human development
(a) Health, education, social protection, employment and culture
(i)
supporting sectoral reforms that increase access to basic social services, in particular quality health and education services, with a focus on the related MDGs and on access to such services by the poor and by marginalised and vulnerable groups;
(ii)
strengthening local capacities to respond to global, regional and local challenges, including through using sectoral budget support with intensified policy dialogue;
(iii)
strengthening health systems, inter alia by addressing the lack of qualified health providers, fair financing for health and making medicines and vaccines more affordable for the poor;
(iv)
promoting the full and effective implementation of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences and in this context sexual and reproductive health and rights;
(v)
ensuring an adequate supply of affordable good quality drinking water, adequate sanitation and hygiene;
(vi)
enhancing support for and equal access to quality education;
(vii)
supporting vocational training for employability and capacity to carry out and use the results of research in favour of sustainable development;
(viii)
supporting national social protection schemes and floors, including social insurance systems for health and pension schemes, with a focus on reducing inequality;
(ix)
supporting the decent work agenda, and promoting social dialogue;
(x)
promoting inter-cultural dialogue, cultural diversity and respect for the equal dignity of all cultures;
(xi)
promoting international cooperation to stimulate the contribution of cultural industries to economic growth in developing countries to fully exploit its potential to fight poverty, including addressing issues such as market access and intellectual property rights.
(b) Business environment, regional integration and world markets
(i)
supporting the development of a competitive local private sector, including by building local institutional and business capacity;
(ii)
supporting the development of local production systems and of local enterprises, including green enterprises;
(iii)
promoting small and medium-sized enterprises (SMEs), microenterprises and cooperatives and fair trade;
(iv)
promoting the development of local, domestic and regional markets, including markets for environmental goods and services;
(v)
supporting legislative and regulatory framework reforms and their enforcement;
(vi)
facilitating access to business and financial services such as micro-credit and savings, micro-insurance and payment transfer;
(vii)
supporting the enforcement of internationally agreed labour rights;
(viii)
establishing and improving laws and land registries to protect land and intellectual property rights;
(ix)
promoting research and innovation policies which contribute to sustainable and inclusive development;
(x)
promoting investments that generate sustainable employment, including through blending mechanisms, with a focus on financing for domestic companies and leveraging domestic capitals, in particular at SME level, and supporting human resources development;
(xi)
improving infrastructure with full respect for social and environmental standards;
(xii)
promoting sectoral approaches to sustainable transport, meeting partner countries' needs, ensuring transport safety, affordability and efficiency, and minimising negative effects on the environment;
(xiii)
engaging with the private sector to enhance socially responsible and sustainable development, promoting corporate social and environmental responsibility and accountability and social dialogue;
(xiv)
assisting developing countries in trade and regional and continental integration efforts, and providing assistance for their smooth and gradual integration into the world economy;
(xv)
supporting more generalised access to information and communication technologies to bridge the digital divide.
(c) Sustainable agriculture, food and nutrition security
(i)
helping build developing countries' resilience to shocks (such as scarcity of resources and supply, price volatility) and tackling inequalities, by giving poor people better access to land, food, water, energy and finance without harming the environment;
(ii)
supporting sustainable agricultural practices and relevant agricultural research, and focusing on smallholder agriculture and rural livelihoods;
(iii)
supporting women in agriculture;
(iv)
encouraging government efforts to facilitate socially and ecologically responsible private investment;
(v)
supporting strategic approaches to food security, with a focus on food availability, access, infrastructure, storage and nutrition;
(vi)
addressing food insecurity and malnutrition through basic interventions in situations of transition and fragility;
(vii)
supporting country-led, participatory, decentralised and environmentally sustainable territorial development.
(d) Sustainable energy
(i)
improving access to modern, affordable, sustainable, efficient, clean and renewable energy services;
(ii)
promoting local and regional sustainable energy solutions and decentralised energy production.
(e) Natural resources management, including land, forestry and water, in particular:
(i)
supporting oversight processes and bodies and backing governance reforms that promote the sustainable and transparent management and preservation of natural resources;
(ii)
promoting equitable access to water, as well as integrated water resources management and river basin management;
(iii)
promoting the protection and sustainable use of biodiversity and ecosystem services;
(iv)
promoting sustainable patterns of production and consumption and the safe and sustainable management of chemicals and waste, taking into account their impacts on health.
(f) Climate change and environment
(i)
promoting the use of cleaner technologies, sustainable energy and resource efficiency with a view to achieving low-carbon development while reinforcing environmental standards;
(ii)
improving the resilience of developing countries to the consequences of climate change by supporting ecosystem-based climate change adaptation and mitigation and disaster risk reduction measures;
(iii)
supporting the implementation of relevant multilateral environmental agreements, in particular the strengthening of the environmental dimension of the institutional framework for sustainable development and the promotion of the protection of biodiversity;
(iv)
helping partner countries in coping with the challenge of displacement and migration induced by the effects of climate change, and rebuilding climate refugees' livelihoods.
III. Other areas of significance for development
(a) Migration and asylum
(i)
supporting targeted efforts to fully exploit the interrelationship between migration, mobility, employment and poverty reduction, so as to make migration a positive force for development and reducing ‘brain drain’;
(ii)
supporting developing countries in adopting long-term policies for managing migratory flows which respect the human rights of migrants and their families and enhance their social protection.
(b) Linking humanitarian relief and development cooperation
(i)
reconstructing and rehabilitating, in the medium- and long-term, regions and countries affected by conflict as well as by man-made and natural disasters;
(ii)
carrying out medium- and long-term activities aimed at the self-sufficiency and integration or reintegration of uprooted people, linking relief, rehabilitation and development.
(c) Resilience and disaster risk reduction
(i)
in situations of fragility, supporting the delivery of basic services and building legitimate, effective and resilient State institutions and an active and organised civil society, in partnership with the country concerned;
(ii)
contributing to a prevention approach to State fragility, conflict, natural disasters and other types of crises by assisting partner countries' and regional organisations' efforts to strengthen early warning systems and democratic governance and institutional capacity building;
(iii)
supporting disaster risk reduction, preparedness and prevention and the management of the consequences of such disasters.
(d) Development and security, including conflict prevention
(i)
addressing the root causes of conflict, including poverty, degradation, exploitation and unequal distribution and access to land and natural resources, weak governance, human rights abuses and gender inequality as a means of supporting conflict prevention and resolution and peace building;
(ii)
promoting dialogue, participation and reconciliation with a view to promoting peace and preventing outbreaks of violence, in accordance with international best practice;
(iii)
fostering cooperation and policy reform in the fields of security and justice, the fight against drugs and other trafficking, including trafficking in human beings, corruption and money laundering.
B. SPECIFIC AREAS OF COOPERATION PER REGION
Union assistance shall support actions and sectoral dialogues consistent with Article 5 and Part A of this Annex, and with the overall purpose and scope, objective and general principles of this Regulation. Particular consideration shall be given to the areas described below, reflecting jointly-agreed strategies.
I. Latin America
(a)
Encouraging social cohesion, in particular social inclusion, decent work and equity, gender equality and women empowerment;
(b)
addressing governance issues and supporting policy reforms, in particular in the areas of social policies, public finance management and taxation, security (including drugs, criminality and corruption), reinforcement of good governance, public institutions at local, national and regional levels (including through innovative mechanisms for the provision of technical cooperation, e.g. Technical Assistance and Information Exchange (TAIEX) and twinning), protection of human rights, including those of minorities, indigenous peoples and afro-descendants, respect for the core labour standards of the International Labour Organisation (ILO), environment, the fight against discrimination, the fight against sexual, gender-based and child violence and the fight against the production, consumption and trafficking of drugs;
(c)
supporting an active, organised and independent civil society and strengthening social dialogue through support for social partners;
(d)
strengthening social cohesion in particular with the setting-up and strengthening of sustainable social protection systems, including social insurance, and fiscal reform, strengthening the capacity of tax systems and the fight against fraud and tax evasion which contributes to enhancing equality and wealth distribution;
(e)
assisting Latin American States to fulfil their obligation of due diligence in the prevention, investigation, prosecution, sanction and reparation of and attention to feminicide;
(f)
supporting various processes of regional integration and interconnection of network infrastructures, while ensuring complementarity with activities supported by the EIB and other institutions;
(g)
addressing the security-development nexus;
(h)
strengthening the capacity to provide universal access to basic social services of quality, particularly in the health and education sectors;
(i)
supporting policies in the area of education and the development of a common Latin American higher education area;
(j)
addressing economic vulnerability and contributing to structural transformation by establishing strong partnerships around open and fair trade relations, productive investments for more and better jobs in the green and inclusive economy, knowledge transfer and cooperation in research, innovation and technology, and promoting sustainable and inclusive growth in all its dimensions, with particular attention to the challenges of migratory flows, food security (including sustainable agriculture and fisheries), climate change, sustainable energies and the protection and enhancement of biodiversity and ecosystem services, including water, soil and forests; supporting the development of microenterprises and SMEs as the main source of inclusive growth, development and jobs; promoting development aid for trade to ensure that Latin American microenterprises and SMEs can benefit from international trading opportunities, taking into account changes in the generalised scheme of preferences;
(k)
mitigating the adverse effects that exclusion from the generalised scheme of preferences will have on the economies of many of the countries in the region;
(l)
ensuring an appropriate follow-up to short-term emergency measures addressing post-disaster or post-crisis recovery implemented through other financing instruments.
II. South Asia
(1) Promote democratic governance
(a)
supporting democratic processes, fostering effective democratic governance, strengthening public institutions and bodies (including at local level), supporting efficient decentralisation, State restructuring and electoral processes;
(b)
supporting the development of an active, organised and independent civil society, including the media, and strengthening social dialogue through support for social partners;
(c)
building and strengthening legitimate, effective and accountable public institutions, promoting institutional and administrative reforms, good governance, anti-corruption and public financial management, and supporting the rule of law;
(d)
strengthening the protection of human rights, including the rights of minorities, migrants, indigenous people and vulnerable groups, the fight against discrimination, sexual, gender-based and child violence and human trafficking;
(e)
protecting human rights, through the promotion of institutional reforms (including on good governance and anti-corruption, public financial management, taxation and public administration reform) and legislative, administrative and regulatory reforms in line with international standards, in particular in fragile States and countries in conflict and post-conflict situations.
(2) Promote social inclusion and human development in all its dimensions
(a)
encouraging social cohesion, in particular social inclusion, decent work and equity and gender equality through education, health and other social policies;
(b)
strengthening the capacity to provide universal access to basic social services, particularly in the health and education sectors; improving access to education for all with a view to increasing knowledge, skills and employability on the job market, including — where relevant — by addressing inequality and discrimination on the basis of work and descent, and in particular caste-based discrimination;
(c)
promoting social protection and inclusion, decent employment and core labour standards, equity and gender equality through education, health and other social policies;
(d)
promoting high-quality education, vocational training and health services which are accessible to all (including for girls and women);
(e)
in the context of the security and development nexus, fighting against gender and descent-based violence, child abduction, corruption and organised crime, production, consumption and trafficking of drugs and other forms of trafficking;
(f)
establishing development-oriented partnerships around agriculture, private sector development, trade, investment, aid, migration, research, innovation and technology and the provision of public goods, aiming at poverty reduction and social inclusion.
(3) Support sustainable development, increase the resilience of South Asian societies against climate change and natural disasters
(a)
promoting sustainable and inclusive growth and livelihoods, integrated rural development, sustainable agriculture and forestry, food security and nutrition;
(b)
promoting sustainable use of natural resources and renewable energy, protection of biodiversity, water and waste management, soil and forest protection;
(c)
contributing to efforts to address climate change through supporting adaptation, mitigation and disaster risk reduction measures;
(d)
supporting efforts to improve economic diversification, competitiveness and trade, private sector development with a particular focus on microenterprises and SMEs and cooperatives;
(e)
promoting sustainable consumption and production as well as investments in clean technologies, sustainable energies, transport, sustainable agriculture and fisheries, the protection and enhancement of biodiversity and ecosystem services, including water and forests, and decent job creation in the green economy;
(f)
supporting disaster preparedness and post-disaster long-term recovery, including in the field of food and nutrition security and assistance to uprooted people.
(4) Support regional integration and cooperation
(a)
encouraging regional integration and cooperation, in a result-oriented way through support for regional integration and dialogue, in particular through the South Asian Association for Regional Cooperation and promoting the development objectives of the Istanbul (‘Heart of Asia’) process;
(b)
supporting efficient border management and cross-border co-operation to promote sustainable economic, social and environmental development in border regions; fighting against organised crime, production, consumption and trafficking of drugs;
(c)
supporting regional initiatives targeting the major communicable diseases; contributing to preventing and responding to health risks, including those originating at the interface between animals, humans and their various environments.
III. North and South East Asia
(1) Promote democratic governance
(a)
contributing to democratisation; building and strengthening legitimate, effective and accountable public institutions and bodies and protecting human rights, through the promotion of institutional reforms (including on good governance and anti-corruption, public financial management, taxation and public administration reform) and legislative, administrative and regulatory reforms in line with international standards, in particular in fragile States and in countries in conflict and post-conflict situations;
(b)
strengthening the protection of human rights, including the rights of minorities and indigenous peoples, promoting respect for core labour standards, fighting against discrimination, fighting against sexual, gender-based and child violence, including children in armed conflict, and addressing the issue of human trafficking;
(c)
supporting the Association of Southeast Asian Nations (ASEAN) human rights architecture, especially the work of the ASEAN Intergovernmental Commission on Human Rights;
(d)
building and strengthening legitimate, effective and accountable public institutions and bodies;
(e)
supporting an active, organised and independent civil society; strengthening social dialogue through support for social partners;
(f)
supporting the efforts of the region to enhance democracy, the rule of law and citizen security, including through justice and security sector reform, and the promotion of inter-ethnic and inter-faith dialogue and peace processes;
(g)
in the context of the security and development nexus, fighting against corruption and organised crime, production, consumption and trafficking of drugs and against other forms of trafficking, and supporting efficient border management and cross-border co-operation to promote sustainable economic, social and environmental development in border regions; support for demining activities.
(2) Promote social inclusion and human development in all its dimensions
(a)
encouraging social cohesion, in particular social inclusion, decent work and equity and gender equality;
(b)
strengthening the capacity to provide universal access to basic social services, particularly in the health and education sectors; improving access to education for all with a view to increasing knowledge, skills and employability on the job market, including — where relevant — by addressing inequality and discrimination on the basis of work and descent, and in particular caste-based discrimination;
(c)
establishing development-oriented partnerships around agriculture, private sector development, trade, investment, aid, migration, research, innovation and technology and the provision of public goods, aiming at poverty reduction and social inclusion;
(d)
supporting the efforts of the region to prevent and respond to health risks, including those originating at the interface between animals, humans and their various environments;
(e)
promoting inclusive education, life-long learning and training (including higher education, vocational education and training), and improving the functioning of labour markets;
(f)
promoting a greener economy and sustainable and inclusive growth especially with regard to agriculture, food security and nutrition, sustainable energies and the protection and enhancement of biodiversity and ecosystem services;
(g)
in the context of the security and development nexus, fighting against gender and descent-based violence and child abduction.
(3) Support sustainable development and increase the resilience of South East Asian societies against climate change and natural disasters
(a)
supporting climate change mitigation and adaptation, promoting sustainable consumption and production;
(b)
supporting the region to mainstream climate change into sustainable development strategies, to develop policies and instruments for adaptation and mitigation, to address the adverse effects of climate change and enhance long-term cooperation initiatives and to reduce the vulnerability to disasters, to support the ASEAN Multi-Sectoral Framework on Climate Change: Agriculture and Forestry towards Food Security;
(c)
in view of population expansion and changing consumer demands, support for sustainable consumption and production as well as investments in clean technologies in particular at regional level, sustainable energies, transport, sustainable agriculture and fisheries, the protection and enhancement of biodiversity and ecosystem services, including water and forests, and decent job creation in the green economy;
(d)
link relief, rehabilitation and development by ensuring an appropriate follow up to short-term emergency measures addressing post-disaster or post-crisis recovery implemented through other financing instruments; supporting disaster preparedness and post-disaster long-term recovery, including in the field of food and nutrition security and assistance to uprooted people.
(4) Support regional integration and cooperation across North and South East Asia
(a)
encouraging greater regional integration and cooperation in a result-oriented way through support to regional integration and dialogue;
(b)
supporting socio-economic integration and connectivity of ASEAN, including the implementation of the development-related objectives of the ASEAN Economic Community, the Master Plan on ASEAN Connectivity and the Post-2015 Vision;
(c)
promoting trade-related assistance and development aid for trade, including to ensure that microenterprises and SMEs benefit from international trading opportunities;
(d)
leveraging financing for sustainable infrastructures and networks favouring regional integration, social inclusion and cohesion and sustainable growth, while ensuring complementarity with activities supported by the EIB and other Union financing institutions as well as with other institutions in this area;
(e)
encouraging dialogue between ASEAN institutions and countries and the Union;
(f)
supporting regional initiatives targeting the major communicable diseases; contributing to preventing and responding to health risks, including those originating at the interface between animals, humans and their various environments.
IV. Central Asia
(a)
As overarching objectives, contributing to sustainable and inclusive economic and social development, social cohesion and democracy;
(b)
supporting food security, access to sustainable energy security, water and sanitation for local populations; promoting and supporting disaster preparedness and climate change adaptation;
(c)
supporting representative and democratically elected parliaments, promoting and supporting good governance and democratisation processes; sound management of public finances; the rule of law, with well-functioning institutions and effective respect for human rights and gender equality; supporting an active, organised and independent civil society, and strengthening social dialogue through support for social partners;
(d)
promoting inclusive and sustainable economic growth, addressing social and regional inequalities, and supporting innovation and technology, decent work, agriculture and rural development, promoting economic diversification by supporting microenterprises and SMEs, while stimulating the development of a regulated social market economy, open and fair trade and investment, including regulatory reforms;
(e)
supporting efficient border management and cross-border cooperation to promote sustainable economic, social and environmental development in border regions; in the context of the security and development nexus, fighting organized crime and all forms of trafficking, including the fight against production and consumption of drugs as well as negative effects thereof, including HIV/AIDS;
(f)
promoting bilateral and regional cooperation, dialogue and integration including with countries covered by the European Neighbourhood Instrument and other Union instruments to support policy reforms, including through institution building when appropriate, technical assistance (e.g. TAIEX), information exchange and twinning, and by key investments through appropriate mechanisms to mobilise financial resources in the education, environment and energy sectors, low emissions development/resilience to climate change impacts;
(g)
strengthening the capacity to provide universal access to quality basic social services, particularly in the health and education sectors; supporting access for the populations, especially young people and women, to employment, inter alia through supporting improvement of general, vocational and higher education.
V. Middle East
(a)
Addressing democratisation and governance (including in the tax area), rule of law, human rights and gender equality, fundamental freedoms and political equality issues so as to encourage political reforms, the fight against corruption, and the transparency of the judicial process and to build legitimate, democratic, effective and accountable public institutions and an active, independent and organised civil society; strengthening social dialogue through support for social partners;
(b)
supporting civil society in its fight in defence of fundamental freedoms, human rights and democratic principles;
(c)
promoting inclusive growth and encouraging social cohesion and development, in particular creation of employment, social inclusion, decent work and equity and gender equality; strengthening the capacity to provide universal access to basic social services, particularly in the health and education sectors; addressing, where relevant, inequality and discrimination on the basis of work and descent, and in particular caste-based discrimination;
(d)
supporting the development of civic culture especially via training, education and participation of children, young people and women;
(e)
promoting sustainable economic reform and diversification, open and fair trade relations, the development of a regulated and sustainable social market economy, productive and sustainable investment in the main sectors (such as energy, with a focus on renewable energy);
(f)
promoting good neighbourly relations, regional cooperation, dialogue and integration, including with countries covered by the European Neighbourhood Instrument and the Gulf States covered by the Partnership Instrument and other Union instruments by supporting integration efforts within the region, indicatively on economy, energy, water, transportation and refugees;
(g)
promoting sustainable and equitable management of water resources as well as the protection of water resources;
(h)
complementing resources deployed under this Regulation by coherent work and support through other Union instruments and policies, which may focus on access to the Union internal market, labour mobility and wider regional integration;
(i)
in the context of the security and development nexus, fighting against production, consumption and trafficking of drugs;
(j)
in the context of the development and migration nexus, managing migration and helping displaced persons and refugees.
VI. Other countries
(a)
Supporting the consolidation of a democratic society, good governance, respect for human rights, gender equality, a State governed by the rule of law and contributing to regional and continental stability and integration; supporting an active, organised and independent civil society, and strengthening social dialogue through support for social partners;
(b)
providing support to the adjustment efforts triggered by the establishment of various free-trade areas;
(c)
supporting the fight against poverty, inequality and exclusion, including by addressing the basic needs of the disadvantaged communities and by promoting social cohesion and redistributive policies aimed at reducing inequalities;
(d)
strengthening the capacity to provide universal access to basic social services, particularly in the health and education sectors;
(e)
improving living and working conditions with a special emphasis on promoting the ILO decent work agenda;
(f)
addressing economic vulnerability and contributing to structural transformation with emphasis on decent employment through sustainable and inclusive economic growth and an energy-efficient, renewables-based low carbon economy by establishing strong partnerships around fair trade relations, productive investments for more and better jobs in the green and inclusive economy, knowledge transfer and cooperation in research, innovation and technology, and promoting sustainable and inclusive development in all its dimensions, with particular attention to the challenges of migratory flows, housing, food security (including sustainable agriculture and fisheries), climate change, sustainable energies and the protection and enhancement of biodiversity and ecosystem services, including water and soil;
(g)
addressing sexual and gender-based violence and health issues, including HIV/AIDS and its impacts on society.
ANNEX II
AREAS OF COOPERATION UNDER THEMATIC PROGRAMMES
A. ‘GLOBAL PUBLIC GOODS AND CHALLENGES’ PROGRAMME
The ‘Global Public Goods and Challenges’ programme aims at strengthening cooperation, exchange of knowledge and experience and partner countries' capacities with a view to contribute to poverty eradication, social cohesion and sustainable development. This programme shall be drawn from the following areas of cooperation, ensuring a maximum synergy amongst them in light of their strong interconnection.
I. Environment and climate change
(a)
Contributing to the external dimension of the Union's environment and climate change policies with full respect for the principle of policy coherence for development and other principles set out in the TFEU;
(b)
working upstream in assisting developing countries to achieve the MDGs or any subsequent framework agreed by the Union and the Member States, related to the sustainable use of natural resources and environmental sustainability;
(c)
implementing the Union initiatives and agreed commitments at international and regional level and/or of a transboundary character particularly in the areas of climate change through the promotion of climate resilient low carbon strategies giving priority to strategies to promote biodiversity, protection of ecosystems and natural resources, sustainable management including oceans, land, water, fisheries and forests (for example through mechanisms such as FLEGT), desertification, integrated water resource management, sound chemicals and waste management, resource efficiency and the green economy;
(d)
increasing the integration and mainstreaming of climate change and environmental objectives in Union development cooperation through support for methodological and research work on, in and by developing countries, including monitoring, reporting and verification mechanisms, ecosystem mapping, assessment and valuation, enhancing environmental expertise and promoting innovative actions and policy coherence;
(e)
strengthening environmental governance and supporting international policy development to improve the coherence and efficiency of global governance of sustainable development, by assisting regional and international environmental monitoring and assessment, and by promoting effective compliance and enforcement measures in developing countries for multilateral environmental agreements;
(f)
integrating both disaster risk management and climate change adaptation into development planning and investment, and promoting the implementation of strategies which aim to reduce disaster risk such as protecting ecosystems and restoring wetlands;
(g)
recognising the decisive role of agriculture and livestock-keeping in climate change policies by promoting smallholder agriculture and livestock farming as autonomous adaptation and mitigation strategies in the South due to their sustainable use of natural resources such as water and pasture.
II. Sustainable Energy
(a)
Promoting access to reliable, secure, affordable, climate-friendly and sustainable energy services as a key driver for poverty eradication and inclusive growth and development with a special emphasis on the use of local and regional renewable energy sources and on ensuring access for poor people in remote regions;
(b)
fostering greater use of renewable energy technologies, in particular decentralised approaches, as well as energy efficiency and promoting sustainable low emission development strategies;
(c)
promoting energy security for partner countries and local communities through, for instance, diversification of sources and routes, considering price volatility issues, emission reduction potential, improving markets and fostering energy and, in particular, electricity interconnections and trade.
III. Human development, including decent work, social justice and culture
(a) Health
(i)
improving the health and well-being of people in developing countries through supporting inclusive and universal access to, and equal provision of, good quality essential public health facilities, goods and services with a continuum of care from prevention to post-treatment and with special emphasis on the needs of persons belonging to disadvantaged and vulnerable groups;
(ii)
supporting and shaping the policy agenda of global initiatives of direct significant benefit to partner countries, considering result orientation, aid effectiveness and effects on health systems, including supporting partner countries to better engage with those initiatives;
(iii)
supporting specific initiatives especially at regional and global level, which strengthen health systems and help countries develop and implement sound, evidence-based and sustainable national health policies, and in priority areas such as child and maternal health, including immunisation and response to global health threats (such as HIV/AIDS, tuberculosis and malaria and other poverty-related and neglected diseases);
(iv)
promoting the full and effective implementation of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences and in this context sexual and reproductive health and rights;
(v)
promoting, providing and expanding essential services and psychological support for victims of violence, especially women and children.
(b) Education, knowledge and skills
(i)
supporting the achievement of internationally agreed goals in education through global initiatives and partnerships, with special emphasis on promoting knowledge, skills and values for sustainable and inclusive development;
(ii)
promoting exchange of experience, good practice and innovation, based on a balanced approach to the development of education systems;
(iii)
improving equal access to and quality of education in particular for persons belonging to vulnerable groups, migrants, women and girls, persons belonging to religious minorities, people with disabilities, people living in fragile contexts, and in countries furthest from achieving global targets, and improving the completion of basic education and the transition to lower secondary education.
(c) Gender equality, women empowerment and protection of women's and girls' rights
(i)
supporting country, regional and local level programmes to promote women's and girls' economic and social empowerment, leadership and equal political participation;
(ii)
supporting national, regional and global initiatives to promote the integration of gender equality and women's and girls' empowerment into polices, plans and budgets, including in international, regional and national development frameworks and in the aid effectiveness agenda; helping to eradicate gender-biased sex selection practices;
(iii)
addressing sexual and gender-based violence and supporting its victims.
(d) Children and young people
(i)
combating trafficking of and all forms of violence against and abuse of children and all forms of child labour, combating child marriage, and promotion of policies taking into consideration the particular vulnerability and potential of children and young people, protection of their rights, including registration at birth, and interests, education, health and livelihoods, starting with participation and empowerment;
(ii)
enhancing developing countries' attention and capacity to develop policies benefiting children and young people and promoting the role of children and young people as actors for development;
(iii)
supporting the development of concrete strategies and interventions to address particular problems and challenges affecting children and young people, especially in the areas of health, education and employment, taking their best interests into account in all relevant action.
(e) Non-discrimination
(i)
supporting local, regional, national and global initiatives to promote non-discrimination on grounds of sex, gender identity, racial or ethnic origin, caste, religion or belief, disability, disease, age and sexual orientation through the development of policies, plans and budgets, as well as the exchange of good practices and expertise;
(ii)
ensuring a broader dialogue on the issue of non-discrimination and the protection of human rights defenders.
(f) Employment, skills, social protection and social inclusion
(i)
supporting high levels of productive and decent employment in particular with support for sound education and employment policies and strategies, vocational training for employability relevant to local labour market needs and perspectives, working conditions including in the informal economy, promotion of decent work on the basis of the basic ILO labour standards, including fighting against child labour, and social dialogue as well as facilitation of labour mobility while respecting and promoting migrants' rights;
(ii)
strengthening social cohesion in particular with the setting-up and strengthening of sustainable social protection systems, including social insurance schemes for those living in poverty, and with fiscal reform, strengthening the capacity of tax systems and the fight against fraud and tax evasion, which contributes to enhancing equality and wealth distribution;
(iii)
strengthening social inclusion and gender equality with cooperation on equitable access to basic services, employment for all, empowerment and respect of rights of specific groups, in particular migrants, children and young people, persons with disabilities, women, indigenous peoples and persons belonging to minorities to ensure that those groups can and will participate in and benefit from wealth creation and cultural diversity.
(g) Growth, jobs and private sector engagement
(i)
promoting actions aiming at creating more and better jobs, by developing the competitiveness and resilience of local microenterprises and SMEs and their integration into the local, regional and global economy, assisting developing countries to integrate into regional and multilateral trading systems;
(ii)
developing local crafts, which serve to preserve the local cultural heritage;
(iii)
developing a socially and ecologically responsible local private sector and improving the business environment;
(iv)
promoting effective economic policies that support the development of the local economy and local industries, towards a green and inclusive economy, resource efficiency and sustainable consumption and production processes;
(v)
promoting the use of electronic communication as a tool to support pro-poor growth across all sectors in order to bridge the digital divide between developing and industrialised countries and inside developing countries, to achieve an adequate policy and regulatory framework in this area and promoting the development of the necessary infrastructure and the use of services and applications based on information and communication technologies;
(vi)
promoting financial inclusion by fostering access to and effective use of financial services, such as micro-credit and savings, micro-insurance and payment transfer, by microenterprises and SMEs and households, in particular disadvantaged and vulnerable groups.
(h) Culture
(i)
promoting inter-cultural dialogue, cultural diversity and respect for the equal dignity of all cultures;
(ii)
promoting international cooperation to stimulate the contribution of cultural industries to economic growth in developing countries to fully exploit its potential for fighting poverty, including addressing issues such as market access and intellectual property rights;
(iii)
promoting respect for the social, cultural and spiritual values of indigenous peoples and minorities to enhance equality and justice in multi-ethnic societies in compliance with universal human rights to which everyone is entitled, including indigenous peoples and persons belonging to minorities;
(iv)
supporting culture as a promising economic sector for development and growth.
IV. Food and nutrition security and sustainable agriculture
Cooperation in this area shall strengthen cooperation, exchange of knowledge and experience and partner countries' capacities on the four pillars of food security with a gender sensitive approach: food availability (production), access (including land, infrastructure for food transport from surplus to deficit areas, markets, establishing domestic food reserves, safety nets), utilisation (nutrition interventions in socially aware ways) and stability, while also addressing fair trade and prioritising five dimensions: smallholder agriculture and livestock-keeping, food processing to create added value, governance, regional integration and assistance mechanisms for vulnerable populations, by:
(a)
promoting the development of sustainable smallholder agriculture and livestock-keeping through ecosystem-based, low carbon and climate-resilient secure access to technology (including information and communication technologies), through the recognition, promotion and reinforcement of local and autonomous adaptation strategies with regard to climate change, and through extension and technical services, rural development schemes, productive and responsible investment measures, in accordance with international guidelines, sustainable land and natural resource management, protection of land rights of the population in its various form and access to land for local populations, protection of genetic diversity, in an enabling economic environment;
(b)
supporting environmentally and socially responsible policy making and governance of the relevant sectors, the role of the public and non-public actors in its regulation and the use of public goods, its organisational capacity, professional organisations and institutions;
(c)
strengthening food and nutrition security through adequate policies, including the protection of biodiversity and ecosystem services, climate adaptation policies, information systems, crisis prevention and management, and nutrition strategies directed to vulnerable populations which mobilise the necessary resources to deliver basic interventions that could prevent the vast majority of cases of malnutrition;
(d)
fostering safe and sustainable practices throughout the food and feed supply chain.
V. Migration and asylum
Cooperation in this area intends to strengthen political dialogue, cooperation, exchange of knowledge and experience and the capacities of partner countries, civil society organisations and local authorities in order to support human mobility as a positive element of human development. Cooperation in this area, based on a rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural, will address the challenges of migration flows, including South-South migration, the situation of vulnerable migrants such as unaccompanied minors, victims of trafficking, asylum seekers, migrant women, and the condition of children, women and families left in the countries of origin, by:
(a)
promoting migration governance at all levels, with a particular focus on the social and economic consequences of migration, and recognising the key role of civil society organisations, including diaspora, and local authorities in addressing migration as an essential component of the development strategy;
(b)
ensuring better management of migratory flows in all their dimensions, including through enhancing capacities of governments and other relevant stakeholders in partner countries in areas such as: legal migration and mobility; preventing irregular migration, smuggling of migrants and trafficking in human beings; facilitating sustainable return of irregular migrants and supporting voluntary return and reintegration; integrated border management capacities; and international protection and asylum;
(c)
maximising the development impact of the increased regional and global mobility of people, and in particular of well-managed labour migration, improving integration of migrants in countries of destination, promoting and protecting the rights of migrants and their families, through support to the formulation and implementation of sound regional and national migration and asylum policies, through integration of the migration dimension into other regional and national policies and through support for the participation of migrants' organisations and local authorities in policy formulation and in the monitoring of policy implementation processes;
(d)
improving a common understanding of the migration and development nexus, including social and economic consequences of government policies, be they in migration, asylum or in other sectors;
(e)
enhancing asylum and reception capacities in partner countries.
Cooperation in this area will be managed in coherence with the Asylum, Migration and Integration Fund and Internal Security Fund, with full respect for the principle of policy coherence for development.
B. ‘CIVIL SOCIETY ORGANISATIONS AND LOCAL AUTHORITIES’ PROGRAMME
In line with the conclusions of the Structured Dialogue Initiative of the Commission and the support of the Union to human rights, democracy and good governance, the objective of this programme is to strengthen civil society organisations and local authorities in partner countries and, when provided for in this Regulation, in the Union, candidate countries and potential candidates. It aims to foster an enabling environment for citizen participation and civil society action and cooperation, exchange of knowledge and experience and capacities of civil society organisations and local authorities in partner countries in support of internationally agreed development goals.
For the purpose of this Regulation, ‘civil society organisations’ are non-State, non-profit making actors operating on an independent and accountable basis which include: non governmental organisations, organisations representing indigenous peoples, organisations representing national and/or ethnic minorities, diaspora organisations, migrants' organisations in partner countries, local traders' associations and citizens' groups, cooperatives, employers associations and trade unions (social partners), organisations representing economic and social interests, organisations fighting corruption and fraud and promoting good governance, civil rights organisations and organisations combating discrimination, local organisations (including networks) involved in decentralised regional cooperation and integration, consumer organisations, women's and youth organisations, environmental, teaching, cultural, research and scientific organisations, universities, churches and religious associations and communities, the media and any non governmental associations and independent foundations, including independent political foundations, likely to contribute to the implementation of the objectives of this Regulation.
For the purpose of this Regulation, ‘local authorities’ encompass a large variety of sub-national levels and branches of government, i.e. municipalities, communities, districts, counties, provinces, regions etc.
This programme shall contribute to:
(a)
an inclusive and empowered society in partner countries through strengthened civil society organisations and local authorities and basic services delivered to populations in need;
(b)
an increased level of awareness in Europe regarding development issues and mobilising active public support in the Union, candidate countries and potential candidates for poverty reduction and sustainable development strategies in partner countries;
(c)
an increased capacity of European and Southern civil society and local authority networks, platforms and alliances to ensure a substantive and continued policy dialogue in the field of development and to promote democratic governance.
Possible activities to be supported by this programme:
(a)
interventions in partner countries which support vulnerable and marginalised groups by providing basic services delivered through civil society organisations and local authorities;
(b)
capacity development of the targeted actors complementary to support granted in the framework of the national programme, actions aiming at:
(i)
creating an enabling environment for citizen participation and civil society action and the capacity of civil society organisations to participate effectively in policy formulation and in the monitoring of policy implementation processes;
(ii)
facilitating an improved dialogue and better interaction between civil society organisations, local authorities, the State and other development actors in the context of development;
(iii)
strengthening the capacity of local authorities to participate effectively in the development process, acknowledging their particular role and specificities;
(c)
raising public awareness of development issues, empowering people to become active and responsible citizens and promoting formal and informal education for development in the Union, in candidate countries and potential candidates, to anchor development policy in society, to mobilise greater public support for action against poverty and for more equitable relations between developed and developing countries, to raise awareness of the issues and difficulties facing developing countries and their peoples, and to promote the right to a process of development in which all human rights and fundamental freedoms can be fully realised and the social dimension of globalisation;
(d)
coordination, capacity development and institutional strengthening of civil society and local authority networks, within their organisations and between different types of stakeholders active in the public debate on development as well as coordination, capacity development and institutional strengthening of Southern networks of civil society organisations and local authorities and umbrella organisations.
ANNEX III
AREAS OF COOPERATION UNDER THE PAN-AFRICAN PROGRAMME
The Pan-African programme shall support the objectives and general principles of the strategic partnership between Africa and the Union. It shall promote the principles of a people-centred partnership and ‘treating Africa as one’, as well as coherence between the regional and continental levels. It shall focus on activities of a trans-regional, continental or global nature in and with Africa, and support joint Africa-EU initiatives in the global arena. The programme shall in particular provide support in the following areas of the partnership:
(a)
peace and security;
(b)
democratic governance and human rights;
(c)
trade, regional integration and infrastructure (including raw materials);
(d)
MDGs and post-2015 internationally agreed new development targets;
(e)
energy;
(f)
climate change and environment;
(g)
migration, mobility and employment;
(h)
science, information society and space;
(i)
cross-cutting issues.
ANNEX IV
INDICATIVE FINANCIAL ALLOCATIONS FOR THE PERIOD 2014-2020
(monetary figures in EUR million)
Total
19 662
(1)
Geographic programmes
11 809 (1)
(a)
Per geographic area
(i)
Latin America
2 500
(ii)
South Asia
3 813
(iii)
North and South East Asia
2 870
(iv)
Central Asia
1 072
(v)
Middle East
(vi)
Other countries
(b)
Per area of cooperation
(i)
Human rights, democracy and good governance
at least 15 %
(ii)
Inclusive and sustainable growth for human development
at least 45 %
(2)
Thematic programmes
7 008
(a)
Global Public Goods and Challenges
5 101
(i)
Environment and climate change (2)
27 %
(ii)
Sustainable energy
12 %
(iii)
Human development including decent work, social justice and culture
25 %
of which:
—
Health
at least 40 %
—
Education, knowledge and skills
at least 17,5 %
—
Gender equality, women empowerment and protection of women's and girls' rights; children and young people, non-discrimination; employment, skills, social protection and social inclusion; growth, jobs and private sector engagement, culture
at least 27,5 %
(iv)
Food and nutrition security and sustainable agriculture
29 %
(v)
Migration and asylum
7 %
At least 50 % of the funds, prior to the use of the markers based on OECD methodology (Rio markers), will serve for climate action and environment-related objectives.
(b)
Civil Society Organisations and Local Authorities
1 907
(3)
Pan-African programme
(1) Of which 758 million EUR unallocated funds.
(2) In principle funds will be allocated evenly between environment and climate change.
Declaration by the European Commission on the strategic dialogue with the European Parliament (1)
On the basis of Article 14 TEU, the European Commission will conduct a strategic dialogue with the European Parliament prior to the programming of the Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 and after initial consultation of its relevant beneficiaries, where appropriate. The European Commission will present to the European Parliament the relevant available documents on programming with indicative allocations foreseen per country/region, and, within a country/region, priorities, possible results and indicative allocations foreseen per priority for geographic programmes, as well as the choice of assistance modalities (2). The European Commission will present to the European Parliament the relevant available documents on programming with thematic priorities, possible results, choice of assistance modalities (2), and financial allocations for such priorities foreseen in thematic programmes. The European Commission will take into account the position expressed by the European Parliament on the matter.
The European Commission will conduct a strategic dialogue with the European Parliament in preparing the mid-term review and before any substantial revision of the programming documents during the period of validity of this Regulation.
The European Commission, if invited by the European Parliament, will explain where the European Parliament's observations have been taken into consideration in the programming documents and any other follow-up given to the strategic dialogue.
(1) The European Commission will be represented at the responsible Commissioner level
(2) Where applicable.
Declaration by the European Parliament, the Council of the European Union and the European Commission on point (ii) of point (b) of Article 5(2) of Regulation No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument for development cooperation for the period 2014-2020
With regard to the application of point (ii) of point (b) of Article 5(2) Regulation No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument for development cooperation for the period 2014-2020 at the time of entry into force of that Regulation, the following partner countries are considered eligible for bilateral cooperation, as exceptional cases, including in view of the phasing out of development grant aid: Cuba, Colombia, Ecuador, Peru and South Africa.
Declaration by the European Commission on Article 5 of Regulation No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument for development cooperation for the period 2014-2020
The European Commission will seek the views of the European Parliament before changing the application of point (ii) of point (b) of Article 5(2) of Regulation No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument for development cooperation for the period 2014-2020.
Declaration by the European Commission on allocation for basic services
The Regulation No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument for development cooperation for the period 2014-2020 should enable the Union to contribute to fulfilling the joint Union commitment of providing continued support for human development to improve people's lives in line with the Millennium Development Goals. At least 20 % of allocated assistance under that Regulation will be allocated to basic social services, with a focus on health and education, and to secondary education, recognising that a degree of flexibility must be the norm, such as cases where exceptional assistance is involved. Data concerning the respect of this declaration will be included in the annual report referred to in Article 13 of the Regulation No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instrument for financing external action.
Statement by the European Parliament on the suspension of assistance granted under the financial instruments
The European Parliament notes that Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020, Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument, Regulation (EU) No 234/2014 of the European Parliament and of the Council of 11 March 2014 establishing a Partnership Instrument for cooperation with third countries and Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA II) do not contain any explicit reference to the possibility of suspending assistance in cases where a beneficiary country fails to observe the basic principles enunciated in the respective instrument and notably the principles of democracy, rule of law and the respect for human rights.
The European Parliament considers that any suspension of assistance under these instruments would modify the overall financial scheme agreed under the ordinary legislative procedure. As a co-legislator and co-branch of the budgetary authority, the European Parliament is therefore entitled to fully exercise its prerogatives in that regard, if such a decision is to be taken. |
5.8.2014
EN
Official Journal of the European Union
L 232/2
COMMISSION IMPLEMENTING REGULATION (EU) No 844/2014
of 23 July 2014
entering a name in the register of protected designations of origin and protected geographical indications (Cebularz lubelski (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1)
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Poland's application to register the name ‘Cebularz lubelski’ was published in the Official Journal of the European Union (2).
(2)
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cebularz lubelski’ should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Cebularz lubelski’ (PGI) is hereby entered in the register.
The name referred to in the first paragraph identifies a product in Class 2.3. bread, pastry, cakes, confectionery, biscuits and other baker's wares in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2014.
For the Commission,
On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 80, 19.3.2014, p. 8.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36). |
26.7.2014
EN
Official Journal of the European Union
L 222/20
COMMISSION IMPLEMENTING DECISION
of 24 July 2014
concerning certain interim protective measures relating to African swine fever in Lithuania
(notified under document C(2014) 5417)
(Only the Lithuanian text is authentic)
(Text with EEA relevance)
(2014/502/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(3) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(3) thereof,
Whereas:
(1)
African swine fever is an infectious viral disease affecting domestic and feral pig populations and can have a severe impact on the profitability of pig farming causing disturbance to trade within the Union and exports to third countries.
(2)
In the event of an outbreak of African swine fever, there is a risk that the disease agent might spread to other pig holdings and to feral pigs. As a result, it may spread from one Member State to another Member State and to third countries through trade in live pigs or their products.
(3)
Council Directive 2002/60/EC (3) lays down minimum measures to be applied within the Union for the control of African swine fever. Article 9 of Directive 2002/60/EC provides for the establishment of protection and surveillance zones in the event of outbreaks of that disease where the measures laid down in Articles 10 and 11 of that Directive are to apply.
(4)
Lithuania has informed the Commission of the current African swine fever situation on its territory, and in accordance with Article 9 of Directive 2002/60/EC, it has established protection and surveillance zones where the measures referred to in Articles 10 and 11 of that Directive are applied.
(5)
In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade by third countries, it is necessary to establish in collaboration with the Member State concerned a Union list of the restricted zones for African swine fever in Lithuania which are the protection and surveillance zones (‘the restricted zones’).
(6)
Accordingly, pending the next meeting of the Standing Committee on Plants, Animals, Food and Feed, the restricted zones in Lithuaniashould be listed in the Annex to this Decision and the duration of that regionalisation fixed.
(7)
This Decision is to be reviewed at the next meeting of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
Lithuania shall ensure that the protection and surveillance zones established in accordance with Article 9 of Directive 2002/60/EC comprise at least the areas listed in the Annex to this Decision.
Article 2
This Decision shall apply until 15 August 2014.
Article 3
This Decision is addressed to the Republic of Lithuania.
Done at Brussels, 24 July 2014.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (OJ L 192, 20.7.2002, p. 27).
ANNEX
Zones in Lithuania
Restricted zones as referred to in Article 1
Date until applicable
Protection zone
The subdistrict of Kazitiskis in Ignalina district
15 August 2014
Surveillance zone
The whole Ignalina district not included in the Protection zone
15 August 2014 |
23.4.2014
EN
Official Journal of the European Union
L 119/62
COMMISSION IMPLEMENTING REGULATION (EU) No 403/2014
of 22 April 2014
fixing the allocation coefficient for the issuing of import licences applied for from 1 to 7 April 2014 for sugar products under certain tariff quotas and suspending the submission of applications for such licences
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (3), and in particular Article 5(2) thereof,
Whereas:
(1)
Quantities covered by applications for import licences submitted to the competent authorities from 1 to 7 April 2014 in accordance with Regulation (EC) No 891/2009 and Commission Implementing Regulation (EU) No 170/2013 of 25 February 2013 laying down transitional measures in the sugar sector by reason of the accession of Croatia (4), exceed the quantity available under order number 09.4321.
(2)
An allocation coefficient for licences to be issued regarding order number 09.4321 should therefore be fixed in accordance with Regulation (EC) No 1301/2006. Submission of further applications for licences for this order number should be suspended until the end of the marketing year, in accordance with Regulation (EC) No 891/2009,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities for which import licence applications have been lodged under Regulation (EC) No 891/2009 and Implementing Regulation (EU) No 170/2013 from 1 to 7 April 2014 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
2. Submission of further applications for licences, which correspond to the order numbers indicated in the Annex, shall be suspended until the end of the marketing year 2013/14.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 254, 26.9.2009, p. 82.
(4) OJ L 55, 27.2.2013, p. 1.
ANNEX
‘CXL Concessions Sugar’
2013/2014 marketing year
Applications lodged from: 1 to 7 April 2014
Order No
Country
Allocation coefficient
(%)
Further applications
09.4317
Australia
—
Suspended
09.4318
Brazil
—
09.4319
Cuba
—
Suspended
09.4320
Any third countries
—
Suspended
09.4321
India
15,8701
Suspended
‘Balkans Sugar’
2013/2014 marketing year
Applications lodged from: 1 to 7 April 2014
Order No
Country
Allocation coefficient
(%)
Further applications
09.4324
Albania
—
09.4325
Bosnia and Herzegovina
(1)
09.4326
Serbia
(1)
09.4327
Former Yugoslav Republic of Macedonia
—
Transitional measures, ‘exceptional import sugar’ and ‘industrial import sugar’
2013/2014 marketing year
Applications lodged from: 1 to 7 April 2014
Order No
Type
Allocation coefficient
(%)
Further applications
09.4367
Transitional (Croatia)
—
Suspended
09.4380
Exceptional
—
09.4390
Industrial
—
—: Not applicable: no licence application has been sent to the Commission.
(1) Not applicable: the applications do not exceed the quantities available and are fully granted. |
24.6.2014
EN
Official Journal of the European Union
L 183/3
COUNCIL REGULATION (EU) No 690/2014
of 23 June 2014
amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1)
Regulation (EU) No 204/2011 (2) gives effect to the measures provided for in Decision 2011/137/CFSP.
(2)
On 19 March 2014, the United Nations (UN) Security Council adopted Resolution 2146 (2014) (UNSCR 2146 (2014)) prohibiting the loading, transport or discharge of crude oil illicitly exported from Libya on vessels flying the flag of a Member State designated by the Sanctions Committee (‘designated vessels’), in the absence of direction from the Government of Libya focal point.
(3)
UNSCR 2146 (2014) also requires measures to be taken to prevent designated vessels from entering ports and the provision of bunkering or ship supply services, or other servicing, to designated vessels, if the designation by the Sanctions Committee has so specified.
(4)
Furthermore, UNSCR 2146 (2014) prohibits transactions with respect to crude oil illicitly exported from Libya aboard designated vessels, if the designation by the Sanctions Committee has so specified. However, since UNSCR 2146 (2014) allows for the entry into ports of designated vessels in certain cases, port fees, including with regard to crude oil aboard such vessels, may be accepted in those cases.
(5)
For reasons of expediency, the Commission should be empowered to amend the list of designated vessels to which those measures apply pursuant to amendments of Annex V to Decision 2011/137/CFSP and on the basis of determinations made by the Sanctions Committee under paragraphs 11 and 12 of UNSCR 2146 (2014).
(6)
On 23 June 2014, Decision 2011/137/CFSP was amended by Council Decision 2014/380/CFSP (3) to give effect to those measures.
(7)
Regulation (EU) No 204/2011 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 204/2011 is amended as follows:
(1)
in Article 1, the following points are added:
‘(h)
“designated vessels” means vessels designated by the Sanctions Committee as referred to in paragraph 11 of UNSCR 2146 (2014), as listed in Annex V to this Regulation;
(i)
“the Government of Libya focal point” means the focal point appointed by the Government of Libya as notified to the Sanctions Committee in accordance with paragraph 3 of UNSCR 2146 (2014).’;
(2)
the following Article is inserted:
‘Article 10b
1. It shall be prohibited to load, transport or discharge crude oil from Libya on designated vessels flying the flag of a Member State unless authorised by the competent authority of that Member State after consultation with the Government of Libya focal point.
2. It shall be prohibited to accept or provide access to ports in the territory of the Union to designated vessels, if the Sanctions Committee has so specified.
3. The measure laid down in paragraph 2 shall not apply where the entry to a port in the territory of the Union is necessary for an inspection, in the case of an emergency or where the vessel is returning to Libya.
4. The provision by nationals of Member States or from territories of Member States of bunkering or ship supply services, or any other servicing of vessels, to designated vessels, including the provision of fuel or supplies, shall, if the Sanctions Committee has so specified, be prohibited.
5. The competent authorities of the Member States identified in Annex IV may grant exemptions to the measure imposed by paragraph 4 where necessary for humanitarian or safety purposes, or where the vessel is returning to Libya. Any such authorisation must be notified to the Sanctions Committee and the Commission in writing.
6. Financial transactions with respect to crude oil aboard designated vessels, including the sale of the crude oil or the use of the crude oil as credit, as well as taking out insurance with respect to the transport of the crude oil shall, if the Sanctions Committee has so specified, be prohibited. Such prohibition does not apply to the acceptance of port fees in the cases referred to paragraph 3.’;
(3)
Article 15 is replaced by the following:
‘Article 15
The Commission shall be empowered to:
(a)
amend Annex IV on the basis of information supplied by Member States;
(b)
amend Annex V pursuant to amendments of Annex V to Decision 2011/137/CFSP and on the basis of determinations made by the Sanctions Committee under paragraphs 11 and 12 of UNSCR 2146 (2014).’;
(4)
Annex V is added as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 23 June 2014.
For the Council
The President
C. ASHTON
(1) OJ L 58, 3.3.2011, p. 53.
(2) Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (OJ L 58, 3.3.2011, p. 1).
(3) Council Decision 2014/380/CFSP of 23 June 2014 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (see page 52 of this Official Journal).
ANNEX
‘ANNEX V
LIST OF VESSELS REFERRED TO IN POINT (h) OF ARTICLE 1 AND ARTICLE 10b AND APPLICABLE MEASURES AS SPECIFIED BY THE SANCTIONS COMMITTEE’ |
3.12.2014
EN
Official Journal of the European Union
L 347/13
COMMISSION IMPLEMENTING REGULATION (EU) No 1282/2014
of 2 December 2014
amending Implementing Regulation (EU) No 180/2014 as regards maximum quantities of processed products which may be exported or dispatched from Spanish and French outermost regions and the third countries concerned
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (1), and in particular Article 14 thereof,
Whereas:
(1)
Article 15(1) of Commission Implementing Regulation (EU) No 180/2014 (2) provides for the possibility for operators to export, in the context of traditional trade flows or regional trade, and to dispatch, in the context of traditional trade flows, processed products containing raw materials which have benefited from specific supply arrangements as referred to in Article 10 of Regulation (EU) No 228/2013. Processors intending to export or dispatch those products in this context may do so within the limits of the annual quantities indicated in Annexes II to V to Implementing Regulation (EU) No 180/2014. The list of third countries to which those products can be exported is set out in Annex VI to that Implementing Regulation.
(2)
The French authorities requested the Commission to adapt the list in Annex II to Implementing Regulation (EU) No 180/2014 with respect to Martinique by changing the maximum quantities of processed products corresponding to codes CN 0403 10, and CN 1101 00 and by adding quantities for products corresponding to codes CN 2202, CN 2105 and CN 2007. For Guadeloupe, they requested the Commission to adapt this list by changing the maximum quantities for products corresponding to codes CN 1101 00 and CN 2309 90, and by adding quantities for products corresponding to codes CN 0402 10 and CN 2007, 2008 and 2009. They also requested to add new third countries for Martinique and Guadeloupe in the list in Annex VI to that Implementing Regulation.
(3)
The maximum quantities of processed products which can be exported or dispatched annually from Canary Islands in the context of traditional exports and consignments are set in Annex IV to Implementing Regulation (EU) No 180/2014 and the quantities which can be exported annually from the Canary Islands in the context of regional trade are set in Annex V to that Implementing Regulation.
(4)
Spanish authorities requested the Commission to simplify the lists in Annexes IV and V to Implementing Regulation (EU) No 180/2014 by summing the quantities of processed product corresponding to subheadings related to codes CN 1806 and CN 1905.
(5)
Implementing Regulation (EU) No 180/2014 should therefore be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,
HAS ADOPTED THIS REGULATION:
Article 1
Amendment of Implementing Regulation (EU) No 180/2014
Annexes II, IV, V and VI to Implementing Regulation (EU) No 180/2014 are amended in accordance with the Annex to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 December 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 78, 20.3.2013, p. 23.
(2) Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, p. 13).
ANNEX
Annexes II, IV, V and VI to Implementing Regulation (EU) No 180/2014 are amended as follows:
(1)
In Annex II, the tables for Martinique and Guadeloupe are replaced by the following:
‘Martinique
(Quantity in kilograms (or litres *))
CN code
To the Union
To third countries
0403 10
—
77 500
1101 00
—
199 500
2309 90
—
102 000
229 000
5 500
146 000
—
1 000
Guadeloupe
(Quantity in kilograms (or litres *))
CN code
To the Union
To third countries
0402 10
45 000
—
1101 00
—
128 000
2309 90
—
522 000
2007-2008-2009
4 000
—’
(2)
Annex IV is amended as follows:
(a)
the lines corresponding to subheadings 1806 10, 1806 20, 1806 31, 1806 32 and 1806 90 are replaced by the following:
‘1806
490 500
265 000’
(b)
the lines corresponding to subheadings 1905 20, 1905 31, 1905 32, 1905 40, and 1905 90 are replaced by the following:
‘1905
916 500
878 000’
(3)
Annex V is amended as follows:
(a)
the lines corresponding to subheadings 1806 10, 1806 31, 1806 32 and 1806 90 are replaced by the following:
‘1806
266 000’
(b)
the lines corresponding to subheadings 1905 31 and 1905 32 are replaced by the following:
‘1905
225 000’
(4)
The part of Annex VI concerning the French overseas departments is replaced by the following:
‘Réunion: Mauritius, Madagascar and Comoros
Martinique: Lesser Antilles (1), Surinam and Haïti
Guadeloupe: Lesser Antilles, Surinam and Haïti
French Guiana: Brazil, Surinam and Guyana
(1) Lesser Antilles: Virgin Islands, Saint Kitts and Nevis, Antigua and Barbuda, Dominica, Saint Lucia, Saint Vincent and the Grenadines, Barbados, Trinidad and Tobago, Sint Maarten, Anguilla.’ |
13.2.2014
EN
Official Journal of the European Union
L 43/1
COUNCIL IMPLEMENTING REGULATION (EU) No 135/2014
of 11 February 2014
repealing the anti-dumping duty on imports of dicyandiamide originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 11(2), 11(6) and 9 thereof,
Having regard to the proposal from the European Commission after consulting the Advisory Committee,
Whereas:
1. PROCEDURE
1.1. Measures in force
(1)
The Council, following an anti-dumping investigation (‘the original investigation’), imposed by Regulation (EC) No 1331/2007 (2) a definitive anti-dumping duty on imports of 1-cyanoguanidine (dicyandiamide) originating in the People’s Republic of China (‘China’ or ‘the country concerned’) (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty at the level of 49,1 %.
1.2. Request for an expiry review
(2)
Following the publication of a notice of impending expiry of the definitive anti-dumping measures in force (3), the Commission received on 14 August 2012 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by AlzChem AG (‘the applicant’), representing 100 % of the total Union production of dicyandiamide.
(3)
The application submitted was based on the grounds that the expiry of the definitive anti-dumping measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry.
1.3. Initiation of an expiry review
(4)
Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 15 November 2012, by a notice published in the Official Journal of the European Union (4) (‘the Notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.
1.4. Investigation
1.4.1. Review investigation period and period considered
(5)
The investigation of a continuation of dumping covered the period from 1 October 2011 to 30 September 2012 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of recurrence of injury covered the period from 1 January 2009 to the end of the review investigation period (‘the period considered’).
(6)
After final disclosure, the applicant argued that the period considered should have started in 2008 because 2009 would result in unrepresentative findings. It should firstly be noted that the Commission enjoys a broad discretion when determining the period to be taken into account for the purpose of verifying injury. Secondly, the applicant has made this claim at a stage too late to change the period. The period considered was announced early in the process, but the applicant did not contest it then. The period cannot be changed at such a late stage of the process for practical reasons and because a modification on the basis of the collected evidence would be against the impartial conduct of an investigation. The claim was, therefore, rejected.
1.4.2. Parties concerned by the investigation
(7)
The Commission officially advised the applicant, exporting producers in the country concerned, unrelated importers, users in the Union known to be concerned, and the representatives of the exporting country of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of initiation.
(8)
In view of the apparent large number of exporting producers in the country concerned and unrelated importers, it was considered appropriate, in accordance with Article 17 of the basic Regulation, to examine whether sampling should be used. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, those parties were requested, pursuant to Article 17 of the basic Regulation, to make themselves known within 15 days of the initiation of the review and to provide the Commission with the information requested in the Notice of initiation.
(9)
Twelve known exporting producers in Chinawere contacted. As only one exporting producer from Chinacame forward with the requested information it was not necessary to select a sample of exporting producers.
(10)
With regard to importers, some 10 unrelated importers of dicyandiamide in the Union were identified and invited to provide sampling information. Only two of them came forward and were willing to cooperate in the current review. Consequently, no sampling was necessary for unrelated importers.
(11)
The Commission sent questionnaires to all parties known to be concerned and to those who made themselves known within the deadlines set in the Notice of initiation. Replies were received from the Union producer, the cooperating exporting producer in China, two unrelated importers and one user in the Union.
(12)
Additional representations were received from two unrelated importers/traders and three users in the Union.
(13)
The Commission sought and verified all the information it deemed necessary for a determination of the likelihood of a continuation of dumping and likelihood of recurrence of injury and of the Union interest. Verification visits were carried out at the premises of the following interested parties:
(a)
Union producer:
—
AlzChem AG, Trostberg, Germany
(b)
Exporting producer in China:
—
Ningxia Jiafeng Chemicals Co., Ltd Shizuishan, China
(c)
Unrelated importer in the Union:
—
Helm AG, Hamburg, Germany
(d)
User in the Union:
—
Merck Santé S.A.S., Lyon, France
2. PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product concerned
(14)
The product concerned by this review is the same as the one in the original investigation, i.e. 1-cyanoguanidine (dicyandiamide) (‘DCD’) originating in the People’s Republic of China (‘the product concerned’), currently falling within CN code 2926 20 00. It is produced from quick lime and carbon black, and appears after several production steps. It is a solid substance in the form of a fine, white, crystalline powder, usually odourless.
(15)
DCD is usually used as an intermediate to produce a broad range of other chemical intermediates, such as pharmaceuticals, various industrial applications — water, pulp and paper, textile, leather — and diverse fields of epoxy applications. It is a key element of the nitrogen — carbon — nitrogen (NCN) chain, with niche end-products such as guanidine nitrate and other NCN derivatives.
(16)
Most of the DCD sold on the Union market is standard. Only a limited amount is of a smaller particle size (the so-called micro DCD). The cooperating Chinese exporting producer provided data for the standard type only.
2.2. Like product
(17)
One user questioned whether Union DCD and Chinese DCD were unlike products on the basis that the standard type of DCD produced by the Union industry is, allegedly, of higher quality than that produced by the Chinese exporting producers. In particular, this user claimed that the water content of the Chinese DCD would be significantly higher and more volatile compared to the water content of the DCD produced in the Union. Moreover, Chinese DCD would also have a higher content of impurities.
(18)
As in the original investigation, the investigation showed, however, that while there may be certain quality differences, these cannot be quantified and moreover, they do not affect the basic chemical, physical and technical characteristics of DCD produced and sold by the Union industry in the Union and the product concerned, which were found to be the same and to have the same end-uses.
(19)
Another user argued that micro DCD should be excluded from the product scope of the anti-dumping measures due to the alleged differences in physical characteristics, end-uses and prices from standard DCD.
(20)
The investigation showed, however, that both types share the basic chemical, physical and technical characteristics. The further processing of standard DCD to produce micro DCD involves a straightforward physical process (milling), but no chemical processing. In addition, even though the prices of micro DCD are higher than those of standard DCD, both types have the same basic end-uses and can normally be interchanged.
(21)
The investigation confirmed that, as in the original investigation, the product concerned and the products manufactured and sold on the domestic market in China, as well as those manufactured and sold in the Union by the Union producer, have the same basic physical and technical characteristics as well as the same uses and are, therefore, considered to be like products within the meaning of Article 1(4) of the basic Regulation.
3. LIKELIHOOD OF CONTINUATION OF DUMPING
3.1. Preliminary remarks
(22)
In accordance with Article 11(2) of the basic Regulation, it was examined whether the expiry of the existing measures would be likely to lead to a continuation of dumping.
(23)
As mentioned in recital 9, due to the fact that only one company cooperated, it was not necessary to select a sample of exporting producers in China. This company covered more than 35 % of the imports of product concerned from China to the Union during the RIP. This company did not export during the IP of the original investigation and therefore did not cooperate in the original investigation.
3.2. Dumping of imports during the RIP
3.2.1. Analogue country
(24)
In accordance with Article 2(7)(a) of the basic Regulation, normal value had to be determined on the basis of the prices or constructed value in an appropriate market economy third country (the ‘analogue country’), or the price from such a third country to other countries, including the Union, or, where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.
(25)
In the absence of production of the product concerned outside the Union and China, the Commission indicated in the Notice of initiation its intention to base the normal value on the prices actually paid or payable in the Union for the like product, as had also been done in the original investigation.
(26)
The like product was sold by the Union industry in representative quantities. However, the Union industry’s domestic sales were loss-making, albeit close to break even. Therefore, the normal value was based on the Union industry’s manufacturing costs plus a reasonable amount for selling, general and administrative costs (SGA) and profit. SGA and profit were determined using the same method as in the original investigation. Pursuant to Article 11(9), adjustments were made on the Union industry’s manufacturing costs so as to offset the additional transport costs due to the physical separation between production units, no direct access to raw materials, which must be transported from remote production sites and disposal of the by-product (black lime). These adjustments were also made in the original investigation.
3.2.2. Export price
(27)
All export sales of the cooperating exporting producer to the Union were made directly to independent customers established in the Union. In accordance with Article 2(8) of the basic Regulation the export price was established on the basis of the prices actually paid or payable.
3.2.3. Comparison
(28)
The comparison between normal value and export price was made on an ex-works basis.
(29)
For the purpose of ensuring a fair comparison between the normal value and the export price of the cooperating exporting producer, and in accordance with Article 2(10) of the basic Regulation, due allowance in the form of adjustments was made with regard to differences in transport, insurance, taxes and credit costs which affected prices and price comparability.
3.2.4. Dumping margin
(30)
As provided for under Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export price.
(31)
For the cooperating exporting producer that comparison showed the existence of dumping although significantly lower than the level of dumping established in the original investigation.
3.3. Development of imports should measures be repealed
3.3.1. Preliminary remark
(32)
Further to the finding of the existence of dumping during the RIP, the likelihood of continuation of dumping should measures be repealed was investigated and the following elements were analysed: production capacity and spare capacity in China; volume and prices of dumped imports from China; the attractiveness of the Union market in relation to imports from China.
(33)
In this regard, it should be noted that the cooperating exporting producer represented more than 30 % of the total production of Chinaduring the RIP.
3.3.2. Production capacity and spare capacity of the Chinese producers
(34)
Since little public information is available about the Chinese DCD industry, conclusions in relation to spare capacity relied mainly on the information contained in the request for review and on information obtained from the single cooperating producer, cross-checked where possible against publicly available information.
(35)
On this basis, it is assumed that total installed capacity in Chinaincreased between 2007 and 2012. Actual production during the RIP was however limited to 80 000 tonnes, indicating that some spare capacity may be available. The Chinese installed capacity during the RIP represents more than the global demand for DCD and spare capacity may represent more than the total Union consumption during the RIP while the domestic Chinese consumption during the RIP amounted only to 40 000 tonnes, i.e. half of actual Chinese production.
(36)
In relation to spare capacity, the information gathered on spot during the investigation shows that the single cooperating producer, representing more than 20 % of the total installed capacity of Chinain 2012, has been granted approval to expand its capacity by 50 % in 2014. It is expected that this new capacity will, inter alia, further serve this producer’s own production processes (captive use of DCD) and the Chinese domestic market, which during the RIP absorbed around half of the DCD production of the single cooperating producer. Information obtained from the single cooperating producer showed that future investments in capacity will be used to supply, inter alia, the Chinese domestic market which is large and rapidly growing.
(37)
Chinais thus in a position to produce large quantities for export, in particular because there are no indications that the domestic market could absorb all the spare capacity.
3.3.3. Volume and prices of dumped imports from China
(38)
According to Eurostat and verified import data, the volume of imports from China sharply decreased when the measures were introduced in 2007 and started increasing again slightly between 2009 and the end of the RIP, but never reached the level of 2007. This is also reflected in the market share of the Chinese imports which dropped from 40-45 % in 2007 to 10-15 % in 2009 and reached again a level of 15-20 % at the end of the RIP, despite the increase in Chinese prices by 73 %.
3.3.4. Attractiveness of the Union market
(39)
The Union market is a relatively large market accounting for around 18 % of the world consumption of DCD, but it is not necessarily the most attractive or the only attractive market in terms of sale segments and prices (see recital 74). Indeed, the information available suggests that Chinese producers anticipate a growing demand from the pharmaceutical industry, e.g. in India, that uses DCD for instance as an input for the production of a diabetes medicine (metformin). Therefore, this new demand will potentially be able to absorb a large part of Chinese spare capacity. Based on the above, it is considered that the Union market is not the only attractive market for Chinese exporters.
3.3.5. Conclusion of the likelihood of continuation of dumping
(40)
The investigation has confirmed that Chinese imports continued to enter the Union market at dumped prices during the RIP. Given the continued dumping, the fact that the Union market is a large market which was quite attractive for the Chinese exporters in the past, as well as the spare capacities available in China, going beyond the total Union consumption, it can be concluded there is a likelihood of continuation of dumping should measures be removed. It should however be noted that the current level of dumping is significantly lower than that established in the original investigation.
4. SITUATION IN THE UNION MARKET
4.1. Preliminary remark
(41)
As the analysis concerns only one company, for reasons of confidentiality most indicators are given in indexed form or ranges.
4.2. Union industry
(42)
The production of the Union producer AlzChem AG represents 100 % of the DCD produced in the Union. It is therefore considered that AlzChem AG constitutes the Union industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation.
4.3. Consumption in the Union market
(43)
Union consumption was established on the basis of the non-captive sales volumes of the Union industry on the Union market and import data from Eurostat, cross-checked with other statistical sources. Over the period considered it developed as follows:
Table 1
RIP
Union consumption (tonnes)
11 042
13 712
14 338
14 146
Index (2009 = 100)
(44)
Apart from the free market consumption presented above, it is noted that over the period considered the captive use of DCD by the Union industry ranged between 10 % and 20 % of the Union production and developed as follows:
Table 2
RIP
Captive use — Index (2009 = 100)
4.4. Imports into the Union from China
(45)
Bearing in mind that only one exporter cooperated with the investigation, it was found that the Eurostat data were the best information source for import volumes and prices. The Eurostat data refers to EU27 and was cross-checked to other sources such as Chinese exports statistics, Article 14(6) database and cooperating importer/user data.
(46)
Deliveries of DCD from Chinawere imported under two customs regimes. Under the normal regime both the normal customs tariff and the anti-dumping duty were payable. Under the inward processing regime none of these duties were payable because the material was used in the production of downstream products that were exported outside the Union. As shown in the table below, the inward processing regime covered around two thirds of imports in the RIP.
4.4.1. Volume and market share
(47)
Following the imposition of the anti-dumping measures in 2007, the volume of Chinese imports decreased significantly. Their overall market share was some 15 % to 20 % during the RIP. This notwithstanding, over the period considered the volume of imports under the normal customs regime originating in Chinafluctuated, whereas Chinese imports carried out under the inward processing relief more than doubled. Taking both regimes into account, import volumes increased over the period but they are well below the levels seen prior to the imposition of measures (over 6 000 tonnes).
Table 3
Imports from China
RIP
Volume of imports – normal regime (tonnes)
1 251
1 781
Index (2009 = 100)
Market share
5-10 %
5-10 %
10-15 %
5-10 %
Average import price – normal regime (EUR/tonne)
1 218
1 267
1 826
2 101
Average import price – inward processing (EUR/tonne)
1 677
1 463
1 674
2 069
Volume of imports – inward processing (tonnes)
1 467
Index (2009 = 100)
Market share – all regimes
10-15 %
15-20 %
15-20 %
15-20 %
4.4.2. Price
(48)
As reflected in the table above, over the period considered the prices of Chinese imports increased substantially.
(49)
The Union industry claimed that the price development cannot be explained by the development of prices of the main cost drivers, i.e. raw materials and energy costs. However, it did not provide any alternative explanation or conclusive evidence to support the claim.
4.4.3. Price undercutting
(50)
For the purpose of analysing price undercutting, the weighted average sales prices of the Union industry to unrelated customers on the Union market were compared to the corresponding weighted average CIF prices of imports from China (standard DCD only). The sales prices of the Union industry were adjusted in particular for delivery costs and commissions to an ex-works level. The CIF prices of the exports from Chinawere obtained from Eurostat and cross-checked with the Article 14(6) database and they excluded those imports which were subject to inward processing. These CIF prices were adjusted to cover costs related to customs clearance, namely customs tariff and post-importation costs. Undercutting in respect of imports which were subject to inward processing is analysed in recital 83.
(51)
The comparison showed that during the RIP the imports of the product concerned did not undercut the Union industry’s prices.
4.5. Imports into the Union from other third countries
(52)
There were no major imports from other third countries.
(53)
Over the period considered the volume of imports from the USAnever held a market share of more than 2 %. The investigation revealed that in fact these imports were of standard DCD which had originally been produced in China and then micronised in the USA.
Table 4
Imports from the USA
RIP
Volume of imports (tonnes)
Index (2009 = 100)
Market share
0-2 %
0-2 %
0-2 %
0-2 %
4.6. Economic situation of the Union industry
(54)
Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic factors and indices having a bearing on the state of the Union industry during the period considered.
4.6.1. Production, production capacity and capacity utilisation
(55)
The Union industry operated an integrated production chain incorporating not only DCD but upstream and downstream products. Since 2009 the Union production capacity of DCD did not change. Over the period considered, the Union producer increased production largely because of increased demand on the Union market as demonstrated at Table 1 above. Since 2010 the Union producer has operated rather at full capacity. This was less the case in 2009 when production and sales were affected by the financial crisis.
Table 5
RIP
Production — Index (2009 = 100)
Production capacity — Index (2009 = 100)
Capacity utilisation
86,9 %
100,2 %
98,2 %
95,2 %
4.6.2. Stocks
(56)
The Union producer maintained a small stock throughout the period considered and this was not considered to be an important factor in the assessment of the situation of the Union industry.
Table 6
RIP
Stocks — Index (2009 = 100)
4.6.3. Sales volume, market shares and average unit prices in the Union
(57)
The sales by the Union industry on the Union market to unrelated customers increased by 26 % during the period considered, whereas its sales prices went up by 7 %.
(58)
The Union industry managed to increase its EU sales due to the increase in consumption shown above in Table 1. The Union industry maintained a very large share of the Union market.
Table 7
RIP
Sales volume — Index (2009 = 100)
Market share
80-85 %
80-85 %
80-85 %
80-85 %
Sales price — Index (2009 = 100)
4.6.4. Profitability and cash flow
(59)
During the period considered the profitability of the Union industry improved significantly as it could increase its sales volume and its sales price on the Union market to unrelated customers. The strong improvement in profitability is even more pronounced if compared with the industry’s heavy loss making situation in the original IP (– 20 % to – 30 %).
Table 8
RIP
Profitability
– 10 % to 0 %
– 10 % to 0 %
– 10 % to 0 %
– 5 % to 0 %
(60)
The profitability of the captive transactions was comparatively good.
(61)
During the period considered the cash flow was always negative with the exception of the RIP, in line with the development of the overall profitability.
Table 9
RIP
Cash flow — Index (2009 = 100)
– 100
– 229
4.6.5. Investment, return on investments and ability to raise capital
(62)
During the period considered the Union industry made investments for the maintenance of and optimisation of the existing production machinery. In 2009 it made a significant new investment linked to micro DCD.
Table 10
RIP
Investments — Index (2009 = 100)
(63)
The return on investments during the period considered remained negative, in line with the above-mentioned profitability.
Table 11
RIP
Return on investments — Index (2009 = 100)
– 100
(64)
The Union industry did not claim to have encountered any difficulty to raise capital during the period considered.
4.6.6. Employment, productivity, growth and wages
(65)
The investments made during the period considered contributed to increase the number of qualified employees. The average wage levels increased by 15 % over the period considered.
(66)
The increase in employment and productivity reflect the increased production in 2010.
Table 12
RIP
Number of employees — Index (2009 = 100)
Productivity (tons per employee) — Index (2009 = 100)
Labour costs per employee — Index (2009 = 100)
4.6.7. Magnitude of dumping and recovery from past dumping
(67)
Dumping continued during the RIP, as explained under the point 3.2 above.
(68)
The impact of the magnitude of the actual dumping margin on the Union industry, given the volume of the dumped imports from China, cannot be regarded as very great. As compared to the original investigation, the situation of the Union industry improved significantly — it was well on track to recovery from past dumping, in particular in terms of profitability, sales and market share.
4.6.8. Conclusion
(69)
Even if some positive developments referred to above are relatively recent, it is considered that the situation of the Union industry improved significantly in the period considered. All the financial indicators were positive or close to positive by the end of the RIP.
(70)
The imposition of the anti-dumping measures in 2007 allowed the Union industry to steadily recover from the injurious effects of the dumping, further exploiting its potential onto the Union market and non-EU countries. The fact that the Union industry benefited from the measures is mostly illustrated by its high production levels, capacity utilisation and increased EU sales prices and profitability. During the RIP, no material injury resulting from Chinese imports was taking place anymore.
(71)
Following disclosure, the applicant argued that the fact that in the framework of the original investigation certain injury indicators showed a positive trend did not prevent the Commission from confirming the existence of material injury at the time. This claim must be rejected. Regulation (EC) No 1331/2007 was a response to different circumstances with, in particular, a less profitable Union industry. Moreover, an expiry review completely differs from an investigation under Article 5 of the basic Regulation. Whereas the latter focuses on whether the dumping causes injury to the domestic industry, the former is a forward-looking exercise analysing what is likely to occur should the measures lapse.
5. LIKELIHOOD OF RECURRENCE OF INJURY
(72)
As demonstrated above, the Union industry did not suffer material injury during the RIP. In accordance with Article 11(2) of the basic Regulation, it was therefore examined whether the expiry of the measures in force would be likely to result in a recurrence of injury.
5.1. Impact of the spare capacity in China
(73)
The investigation has revealed that there are large production capacities in China (see recitals 34 to 37). However, there are no reasonable grounds to conclude that the spare capacities in question are likely to lead to significant imports into the Union.
(74)
The Union is one of many markets where the Chinese exporting producers sell. In terms of prices, data from the Union industry, the cooperating Chinese exporting producer and from the Chinese export statistics confirm that several non-EU markets are at least as attractive as that of the Union.
(75)
As concerns the Union industry export sales, these were often made at higher prices than sales within the Union. Subsequent to disclosure, the applicant argued that its higher export prices had nothing to do with the relative attractiveness of such markets but should rather be explained by the fact that these sales concerned small volume sales only. This argument should be rejected as the EU industry’s overall sales volumes to export markets were still significant in the RIP (between 20 % and 30 % of the Union industry’s production). It was also not substantiated that sales transactions to customers were in significantly lower volumes.
(76)
Nor do statistical data on Chinese export prices of DCD to the different markets point at a distinguishing attractiveness of the EU market as compared to other export markets. Substantial spare capacity existed already during the RIP but did not translate into an injurious pricing behaviour by the Chinese exporters. The fact that spare capacity will further increase is not in this case an indication of a likelihood of recurring injury. Indiais, by far, the world’s biggest market of DCD. Chinese export statistics show that Chinese sales volumes to the EU represented only around 10 % of the sales volumes made to India and that Chinese average EU sale prices per tonne were rather equivalent to Chinese sales prices to India. In other words, the prevailing market prices in the important Indian market (which have increased over the period considered by 65 % on average) are equally attractive to the DCD producers. There is no indication that spare capacities in China will translate into huge imports into the Union. For the time being it can be expected that at least part of such spare capacities will not be used in the near future. This conclusion is based on the past developments since data submitted by the applicant suggest that whereas between 2008 and the RIP Chinaincreased its capacity by some 50 %, it increased its overall production by only some 20 %. Projections made by the applicant up to 2016 indicate that Chinese capacities will be well in excess of global demand and, therefore, will remain idle for the time being. The country-wide excess capacity would be less if projections are made on the basis of sales data from the cooperating Chinese exporting producer. In any case, the fact that, unlike the EU production, (see recital 55 above) Chinese DCD production is not part of a fully integrated production chain, means that it is less costly to leave capacities unused.
(77)
Moreover, certain growing demand in particular for the pharmaceutical industry in countries such as India (see recital 39) will probably be able to absorb a further part of Chinese overcapacity. Furthermore, the investigation concluded that AlzChem’s DCD products were considered more attractive to EU users due, inter alia, to geographical location and reliability of supply. This gives a certain advantage over Chinese producers in respect of key users in the EU which purchase significant amounts of DCD. Therefore, in view of this context, the large production capacities in Chinaare not as such a reason to conclude that there is a likelihood of recurrence of injury. The mere fact that the Union industry has lost share in terms of global production capacity cannot overturn this conclusion.
5.2. Impact of the projected market growth
(78)
Several parties mentioned the expected significant growth of the DCD market worldwide, mainly driven by well-established applications in the pharmaceutical and agricultural industry. This is because of the increase in production of anti-diabetes medicine predominantly in India. This growth is already announced by the increase in EU consumption in Table 1 above.
(79)
In respect of the EU market, further growth is also expected but to a more limited degree. This is because a large pharmaceutical producer selling worldwide is located in the Union.
(80)
Following disclosure, the applicant contested the extent of the growth. However, it is noted that its representations are contradictory in this respect and that several sources point at solid EU demand and a significant worldwide growth. Sales data from the cooperating Chinese exporting producer point at a rapidly increasing consumption in the Chinese domestic market. Therefore, nothing on file could substantiate the claim by the applicant, that demand is or will be flat.
(81)
Subsequent to disclosure, the applicant also emphasised that it had lost sales volumes and market share on non-EU markets. In this respect, it should be noted that the EU industry has worked at almost full capacity with negligible stocks, while the EU consumption of DCD continued growing. Therefore, it is rather because of the fact that the EU industry had decided to focus more on the EU market without substantially increasing its production capacity that it could not take full advantage of the growth in the other markets. This situation could change, however, if its expansion plans materialise. It is therefore expected that even if import volumes of Chinese DCD into the Union increase in the near future, this would not automatically result in a recurrence of injury. The Union industry will, like Chinese producers, benefit from an increase in worldwide demand.
(82)
In this respect, as mentioned above, the Union producer is very well rated in the market and appears to be the preferred supplier to several key customers, at least for certain DCD applications. The quality and reliability of its DCD products in the Union means that it is able to secure large contracts with key EU customers and this situation is expected to continue regardless of whether the measures are repealed or not. Post disclosure, a significant EU user stated that it would continue to source the product covered by the proceeding from the Union industry even if the anti-dumping measures were repealed.
5.3. Other considerations
(83)
As explained in recitals 50 to 51, the Chinese import prices did not undercut the prices of the Union industry during the RIP. Undercutting was not present in respect of the normal regime (around one third of import volumes). A very low level of undercutting existed when the inward processing regime was also taken into account (the other two thirds of imports during the RIP). This situation differed from the substantial undercutting found in the original investigation and resulted from an overall gradual increase in import prices since measures were imposed, although this increase did not occur steadily. In fact, the CIF EU border price of Chinese imports rose by 73 % during the period 2009 up to the end of the RIP.
(84)
The EU industry has shown that it remains competitive even in the absence of measures given its substantial exports (between 20 % and 30 % of production during the RIP) to non-EU countries where no measures are in force and where it has faced the Chinese competition without the support of anti-dumping measures. The decreasing export volume depicted below has to be seen in conjunction with the increasing sales volume into the Union and unchanged production capacity of the Union industry which has in principle been fully utilised.
Table 13
RIP
Export volume — Index (2009 = 100)
Export price (unrelated) — Index (2009 = 100)
(85)
Prices of Chinese imports during the eight months following the RIP were also analysed in view of a submission made by the Union industry. The Union industry had submitted that severe price pressure caused by Chinese imports had recommenced shortly after the RIP. Based on Article 6(1) of the basic Regulation in conjunction with Article 11(5) thereof, information relating to a period subsequent to the RIP is normally not to be taken into account. However, even if this information were to be taken into account, at this stage no conclusions could be drawn from it as it is not clear whether these changed prices, if confirmed, are of a lasting nature. For instance although prices fell from the end of the RIP to May 2013 in June 2013 they rose again by 10 %. Given that these post RIP prices were still considerably higher than those observed in the original investigation, the prospects that in the nearer future they can significantly undermine the current situation of the Union industry, which is not suffering from material injury, do not reach the likelihood threshold.
(86)
Finally, there is no indication that a repeal of the measures would have an impact on market prices in the short- to medium term. It should be noted that a large share of the DCD sold in the Union is subject to contracts running for several years and for the user industry a reliable and steady supply from a trusted producer seems to be of high importance. Moreover, two thirds of imports during the RIP were made under the inward processing regime whereby no import or anti-dumping duties are payable. In summary, while it cannot be ruled out that some contracts will be renegotiated and landed import prices may decrease, it is not likely that this will occur to injurious levels if duties are repealed.
5.4. Conclusion on likelihood a recurrence of injury
(87)
In view of the foregoing, it is not likely that the Union industry, if measures were repealed, would have to decrease its sales and production volumes and/or prices of DCD to an extent such that its profitability and overall position would be materially affected.
(88)
On the contrary, in view of the worldwide growth in consumption, the Chinese import volumes and prices during the RIP and the prices on other markets, it is expected that, in the absence of measures, the Union industry’s DCD sales will continue to remain strong and also to contribute positively to its DCD-chain and NCN-chain of activities.
(89)
The Union industry is expected to remain at full capacity whether the measures are repealed or not. Moreover, the Union industry completed the preliminary work for an expansion programme this year. In autumn 2013 it agreed in principle to substantially increase its DCD production capacity. The market, including important EU-based customers, welcomed this expansion plan. The expansion plan suggests that the Union industry believes worldwide demand to be strong and that AlzChem should be benefitting from this growth.
(90)
Even if the Union industry is subject to some price pressure from Chinese imports in the near future, the effects in terms of prices and profitability are not expected to be major given that the Union industry has a large market share, advantages in terms of quality and reliability of supply and the capability of securing large contracts. The effects would therefore not meet a ‘likelihood of injury’ threshold within the meaning of Article 11(2) of the basic Regulation.
(91)
The Commission concludes that there is no likelihood of recurrence of injury to the Union industry were the existing measures to be repealed.
6. UNION INTEREST
(92)
As it has been concluded that there is no likelihood of recurrence of injury, no findings on Union interest are necessary.
7. REPEAL OF ANTI-DUMPING MEASURES
(93)
All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be repealed. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were, where warranted, duly taken into consideration, but none could alter the conclusions set out above.
(94)
It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of DCD originating in China should be repealed and the proceeding terminated.
(95)
Given certain circumstances described above, namely the existence of spare capacity in Chinaand the possible existence of undercutting post RIP, the Commission will monitor the imports of the product concerned with a view to facilitating swift appropriate action should the situation so require. The monitoring will be limited to a period of two years after the publication of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The anti-dumping duty on imports of 1-cyanoguanidine (dicyandiamide), currently falling within CN code 2926 20 00 and originating in the People’s Republic of Chinais hereby repealed and the proceeding concerning these imports is terminated.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 February 2014.
For the Council
The President
E. VENIZELOS
(1) OJ L 343, 22.12.2009, p. 51.
(2) OJ L 296, 15.11.2007, p. 1.
(3) OJ C 116, 20.4.2012, p. 3.
(4) OJ C 349, 15.11.2012, p. 10. |
26.7.2014
EN
Official Journal of the European Union
L 222/10
COMMISSION IMPLEMENTING REGULATION (EU) No 817/2014
of 25 July 2014
on the issue of licences for importing rice under the tariff quotas opened for the July 2014 subperiod by Implementing Regulation (EU) No 1273/2011
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
Whereas:
(1)
Commission Implementing Regulation (EU) No 1273/2011 (2) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Implementing Regulation.
(2)
July is the third subperiod for the quota provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011 and the second subperiod for the quotas provided for under Article 1(1)(b), (c) and (d) of that Implementing Regulation.
(3)
The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quota with order number 09.4166, the applications lodged in the first 10 working days of July 2014 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quota concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).
(4)
Those notifications also show that, for the quotas with order number 09.4127 — 09.4128 — 09.4129 — 09.4148 — 09.4149 — 09.4150 — 09.4152 — 09.4153 and 09.4154, the applications lodged in the first 10 working days of July 2014 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available.
(5)
The total quantity available for the following subperiod should also be fixed for the quotas with order number 09.4127 — 09.4128 — 09.4129 — 09.4130 — 09.4148 — 09.4112 — 09.4116 — 09.4117 — 09.4118 — 09.4119 and 09.4166, in accordance with the first subparagraph of Article 5 of Implementing Regulation (EU) No 1273/2011.
(6)
In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
Article 1
1. For import licence applications for rice under the quota with order number 09.4166 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of July 2014, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.
2. The total quantity available for the following subperiod under the quotas with order number 09.4127 — 09.4128 — 09.4129 — 09.4130 — 09.4148 — 09.4112 — 09.4116 — 09.4117 — 09.4118 — 09.4119 and 09.4166 referred to in Implementing Regulation (EU) No 1273/2011 is set out in the Annex to this Regulation.]
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2014.
For the Commission
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (OJ L 325, 8.12.2011, p. 6).
(3) Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).
ANNEX
Quantities to be allocated for the July 2014 subperiod and quantities available for the following subperiod under Implementing Regulation (EU) No 1273/2011
(a)
Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:
Origin
Order number
Allocation coefficient for July 2014 subperiod
Total quantity available for September 2014 subperiod (kg)
United States
09.4127
— (1)
23 456 153
Thailand
09.4128
— (1)
916 392
Australia
09.4129
— (1)
115 620
Other origins
09.4130
— (2)
(b)
Quota of husked rice covered by CN code 1006 20 as provided for in Article 1(1)(b) of Implementing Regulation (EU) No 1273/2011:
Origin
Order number
Allocation coefficient for July 2014 subperiod
Total quantity available for October 2014 subperiod (kg)
All countries
09.4148
— (3)
1 634 000
(c)
Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011:
Origin
Order number
Allocation coefficient for July 2014 subperiod
Thailand
09.4149
— (4)
Australia
09.4150
— (4)
Guyana
09.4152
— (4)
United States
09.4153
— (5)
Other origins
09.4154
— (5)
(d)
Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011:
Origin
Order number
Allocation coefficient for July 2014 subperiod
Total quantity available for September 2014 subperiod (kg)
Thailand
09.4112
— (6)
8 150
United States
09.4116
— (6)
2 095 495
India
09.4117
— (6)
232 127
Pakistan
09.4118
— (6)
27 202
Other origins
09.4119
— (6)
122 761
All countries
09.4166
0,676881 %
(1) Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.
(2) No quantity available for this subperiod.
(3) No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.
(4) No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.
(5) Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.
(6) No quantity available for this subperiod. |
28.8.2014
EN
Official Journal of the European Union
L 257/121
REGULATION (EU) No 912/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 July 2014
establishing a framework for managing financial responsibility linked to investor-to-state dispute settlement tribunals established by international agreements to which the European Union is party
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 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1)
With the entry into force of the Treaty of Lisbon foreign direct investment is included in the list of matters falling under the common commercial policy. In accordance with point (e) of Article 3(1) of the Treaty on the Functioning of the European Union (TFEU), the Union has exclusive competence with respect to the common commercial policy and may be a party to international agreements covering provisions on foreign direct investment.
(2)
Agreements providing for investment protection may include an investor-to-state dispute settlement mechanism, which allows an investor from a third country to bring a claim against a state in which it has made an investment. Investor-to-state dispute settlement can result in awards for monetary compensation. Furthermore, significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case.
(3)
International responsibility for treatment subject to dispute settlement follows the division of competences between the Union and the Member States. As a consequence, the Union will in principle be responsible for defending any claims alleging a violation of rules included in an agreement which fall within the Union’s exclusive competence, irrespective of whether the treatment at issue is afforded by the Union itself or by a Member State.
(4)
Union agreements should afford foreign investors the same high level of protection as Union law and the general principles common to the laws of the Member States grant to investors from within the Union, but not a higher level of protection. Union agreements should ensure that the Union’s legislative powers and right to regulate are respected and safeguarded.
(5)
Where the Union, as an entity having legal personality, has international responsibility for the treatment afforded, it will be expected, as a matter of international law, to pay any adverse award and bear the costs of any dispute. However, an adverse award may potentially flow either from treatment afforded by the Union itself or from treatment afforded by a Member State. It would as a consequence be inequitable if awards and the costs of arbitration were to be paid from the budget of the Union where the treatment was afforded by a Member State, unless the treatment in question is required by Union law. It is therefore necessary that financial responsibility be allocated, as a matter of Union law, between the Union itself and the Member State responsible for the treatment afforded on the basis of criteria established by this Regulation.
(6)
In its resolution of 6 April 2011 on the future European international investment policy, the European Parliament explicitly called for the creation of the mechanism provided for in this Regulation. Furthermore, in its Conclusions of 25 October 2010 on a Comprehensive international investment policy, the Council requested the Commission to study the matter.
(7)
Financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement. Therefore the Union itself should bear the financial responsibility where the treatment concerned is afforded by an institution, body, office or agency of the Union. The Member State concerned should bear the financial responsibility where the treatment concerned is afforded by that Member State. However, where the Member State acts in a manner required by Union law, for example in transposing a directive adopted by the Union, the Union itself should bear financial responsibility in so far as the treatment concerned is required by Union law. This Regulation should also provide for the possibility that individual cases concern both treatment afforded by a Member State and treatment required by Union law and should cover all actions taken by Member States and by the Union. In such cases, the Member States and the Union should bear financial responsibility for the specific treatment afforded by either of them.
(8)
The Union should always act as the respondent where a dispute exclusively concerns treatment afforded by the institutions, bodies, offices or agencies of the Union, so that the Union bears the potential financial responsibility arising from the dispute in accordance with the above criteria.
(9)
Where a Member State would bear the potential financial responsibility arising from a dispute, it is equitable and appropriate that such Member State acts as a respondent in order to defend the treatment which it has afforded to the investor. The arrangements laid down in this Regulation are aimed at ensuring that the budget of the Union and Union non-financial resources are not burdened, even temporarily, by either the costs of litigation or any award made against the Member State concerned.
(10)
Member States may, nevertheless, prefer that the Union act as the respondent in this type of dispute, for example for reasons of technical expertise. Member States should, therefore, have the possibility to decline to act as the respondent, without prejudice to their financial responsibility.
(11)
In order to ensure that the interests of the Union can be appropriately safeguarded, it is essential that, in exceptional circumstances, the Union itself act as the respondent in disputes involving treatment afforded by a Member State. Those circumstances are limited to cases where the dispute also involves treatment afforded by the Union, where it appears that the treatment afforded by a Member State is required by Union law and where similar treatment is being challenged in a related claim against the Union in the World Trade Organisation (WTO), where a panel has been established and the claim concerns the same specific legal issue and where it is necessary to ensure a consistent argumentation in the WTO case.
(12)
Where the Union acts as the respondent in cases involving Member State measures, the Commission should conduct its defence in a manner which protects the financial interests of the Member State concerned.
(13)
Decisions on whether the Union or a Member State should act as the respondent should be taken within the framework laid down in this Regulation. It is appropriate that the Commission immediately informs the European Parliament and the Council about the manner in which this framework is applied.
(14)
This Regulation should provide for some practical arrangements for the conduct of arbitration proceedings in disputes concerning treatment afforded by a Member State. Those arrangements should aim for the best possible management of the dispute whilst ensuring compliance with the duty of sincere cooperation referred to in Article 4(3) of the Treaty on European Union (TEU) and the defence and protection of the interests of the Member State concerned.
(15)
Where the Union acts as the respondent such arrangements should provide for very close cooperation including the prompt notification of any significant procedural steps, the provision of relevant documents, frequent consultations and participation in the delegation to the proceedings.
(16)
Where a Member State acts as the respondent, it is appropriate that, in accordance with the duty of sincere cooperation referred to in Article 4(3) of the TEU, it keeps the Commission informed of developments in the case and in particular ensures timely information of any significant procedural steps, the provision of relevant documents, frequent consultations and participation in the delegation to the proceedings. It is also appropriate that the Commission is provided with adequate opportunity to identify any point of law or any other element of Union interest raised by the dispute.
(17)
Without prejudice to the outcome of the arbitration proceedings, a Member State should be able at any time to accept that it would be financially responsible in the event that compensation is to be paid. In such a case, the Member State and the Commission should be able to enter into arrangements for the periodic payment of costs and for the payment of any compensation. Such acceptance does not imply that the Member State accepts that the claim under dispute is well founded. The Commission should be able in such a case to adopt a decision requiring the Member State to make provision for such costs. In the event that the tribunal awards costs to the Union, the Commission should ensure that any advance payment of costs is immediately reimbursed to the Member State concerned.
(18)
In some cases, it may be appropriate to reach a settlement in order to avoid costly and unnecessary arbitration. It is necessary to lay down a procedure for making such settlements. Such a procedure should permit the Commission, acting in accordance with the examination procedure, to settle a case involving the financial responsibility of the Union, where this would be in the interests of the Union. Where the case also concerns treatment afforded by a Member State, it is appropriate that the Union would only be able to settle a dispute if the settlement would not have any financial or budgetary implications for the Member State concerned. In such cases, it is appropriate that there should be close cooperation and consultations between the Commission and the Member State concerned. The Member State should remain free to settle the case at all times, provided that it accepts full financial responsibility and that any such settlement is consistent with Union law.
(19)
Where an award has been rendered against the Union, that award should be paid without delay. The Commission should make arrangements for the payment of such awards, unless a Member State has already accepted financial responsibility.
(20)
The Commission should consult closely with the Member State concerned in order to reach agreement on the apportionment of financial responsibility. Where the Commission determines that a Member State is responsible, and the Member State does not accept that determination, the Commission should pay the award, but should also address a decision to the Member State requesting it to provide the amounts concerned to the budget of the Union, together with applicable interest. The interest payable should be that laid down pursuant to Article 78(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (2). Article 263 TFEU is available in cases where a Member State considers that the decision falls short of the criteria set out in this Regulation.
(21)
The budget of the Union should provide coverage of the expenditure resulting from agreements covering provisions on foreign direct investment to which the Union is a party and which provide for investor-to-state dispute settlement. Where Member States have financial responsibility pursuant to this Regulation, the Union should be able to either accumulate the contributions of the Member State concerned first before implementing the relevant expenditure or implement the relevant expenditure first and be reimbursed by the Member State concerned after. Use of both of these mechanisms of budgetary treatment should be possible, depending on what is feasible, in particular in terms of timing. For both mechanisms, the contributions or reimbursements paid by the Member State concerned should be treated as internal assigned revenue of the budget of the Union. The appropriations arising from this internal assigned revenue should not only cover the relevant expenditure but they should also be eligible for replenishment of other parts of the budget of the Union which provided the initial appropriations to implement the relevant expenditure under the second mechanism.
(22)
In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission.
(23)
The implementing powers relating to Article 9(2) and (3), Article 13(1), Article 14(8), Article 15(3) and Article 16(3) should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (3).
(24)
The advisory procedure should be used for the adoption of decisions providing that the Union act as the respondent pursuant to Article 9(2), given that it is necessary for the Union to take over the defence in such cases, but that this should still be subject to control by the Member States. The advisory procedure should be used for the adoption of decisions on settlement of disputes pursuant to Article 15(3) given that those decisions will have at most a merely temporary impact on the budget of the Union, since the Member State concerned will be required to assume any financial responsibility arising from the dispute, and because of the detailed criteria laid down in this Regulation for acceptability of such settlements,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Scope
1. Without prejudice to the division of competences established by the TFEU, this Regulation applies to investor-to-state dispute settlement conducted pursuant to an agreement to which the Union is party, or the Union and its Member States are parties, and initiated by a claimant of a third country. In particular, the adoption and application of this Regulation shall not affect the delimitation of competences established by the Treaties, including in relation to the treatment afforded by the Member States or the Union and challenged by a claimant in investor-to-state dispute settlement conducted pursuant to an agreement.
2. For information purposes, the Commission shall publish in the Official Journal of the European Union and keep up to date a list of the agreements falling within the scope of this Regulation.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(a)
‘agreement’ means any international agreement covering provisions on foreign direct investment to which the Union is party, or the Union and its Member States are parties, and which provides for investor-to-state dispute settlement;
(b)
‘costs arising from the arbitration’ means the fees and costs of the arbitration tribunal and the arbitration institution, and the costs of representation and expenses awarded to the claimant by the arbitration tribunal, such as costs of translation, costs of legal and economic analysis and other relevant costs with respect to the arbitration proceedings;
(c)
‘dispute’ means a claim brought by a claimant against the Union or a Member State pursuant to an agreement and on which an arbitration tribunal will rule;
(d)
‘investor-to-state dispute settlement’ means a mechanism provided for by an agreement by which a claimant may initiate claims against the Union or a Member State;
(e)
‘Member State’ means one or more Member States of the European Union;
(f)
‘Member State concerned’ means the Member State which has afforded the treatment alleged to be inconsistent with the agreement;
(g)
‘financial responsibility’ means an obligation to pay a sum of money awarded by an arbitration tribunal or agreed as part of a settlement and including the costs arising from the arbitration;
(h)
‘settlement’ means any agreement between the Union or a Member State, or both, of the one part, and a claimant, of the other, whereby the claimant agrees not to pursue its claims in exchange for the payment of a sum of money or action other than the payment of money, including where the settlement is recorded in an award of an arbitration tribunal;
(i)
‘arbitration tribunal’ means any person or body designated under an agreement to rule on an investor-to-state dispute;
(j)
‘claimant’ means any natural or legal person which may bring a claim to investor-to-state dispute settlement pursuant to an agreement or any natural or legal person to whom the claims of the claimant under the agreement have been lawfully assigned;
(k)
‘Union law’ means the TFEU and the TEU, as well as any legal acts of the Union referred to in the second, third and fourth paragraphs of Article 288 TFEU and any international agreements to which the Union is party or the Union and its Member States are parties; for the sole purposes of this Regulation ‘Union law’ shall not mean the investment protection provisions in the agreement;
(l)
‘required by Union law’ refers to treatment where the Member State concerned could only have avoided the alleged breach of the agreement by disregarding an obligation under Union law such as where it has no discretion or margin of appreciation as to the result to be achieved.
CHAPTER II
APPORTIONMENT OF FINANCIAL RESPONSIBILITY
Article 3
Apportionment criteria
1. Financial responsibility arising from a dispute under an agreement shall be apportioned in accordance with the following criteria:
(a)
the Union shall bear the financial responsibility arising from treatment afforded by the institutions, bodies, offices or agencies of the Union;
(b)
the Member State concerned shall bear the financial responsibility arising from treatment afforded by that Member State;
(c)
by way of exception to point (b), the Union shall bear the financial responsibility arising from treatment afforded by a Member State where such treatment was required by Union law.
Notwithstanding point (c) of the first subparagraph, where the Member State concerned is required to act pursuant to Union law in order to remedy the inconsistency with Union law of a prior act, that Member State shall be financially responsible unless such prior act was required by Union law.
2. Where provided for in this Regulation, the Commission shall adopt a decision determining the financial responsibility of the Member State concerned in accordance with the criteria laid down in paragraph 1. The European Parliament and the Council shall be informed of such a decision.
3. Notwithstanding paragraph 1 of this Article, the Member State concerned shall bear the financial responsibility where:
(a)
it has accepted potential financial responsibility pursuant to Article 12; or
(b)
it enters into a settlement, pursuant to Article 15.
4. Notwithstanding paragraph 1 of this Article, the Union shall bear the financial responsibility where the Union acts as the respondent pursuant to Article 4.
CHAPTER III
CONDUCT OF DISPUTES
SECTION 1
conduct of disputes concerning treatment afforded by the union
Article 4
Treatment afforded by the Union
1. The Union shall act as the respondent where the dispute concerns treatment afforded by the institutions, bodies, offices or agencies of the Union.
2. Where the Commission receives a request for consultations from a claimant or a notice by which a claimant states its intention to initiate arbitration proceedings in accordance with an agreement, it shall immediately notify the European Parliament and the Council.
SECTION 2
conduct of disputes concerning treatment afforded by a Member State
Article 5
Treatment afforded by a Member State
This Section shall apply in disputes concerning, fully or partially, treatment afforded by a Member State.
Article 6
Cooperation and consultations between the Commission and the Member State concerned
1. In accordance with the principle of sincere cooperation referred to in Article 4(3) TEU, the Commission and the Member State concerned shall take all necessary steps to defend and protect the interests of the Union and of the Member State concerned.
2. The Commission and the Member State concerned shall enter into consultations on the management of disputes pursuant to this Regulation, bearing in mind any deadlines laid down in this Regulation and in the agreement concerned, and shall share with each other information where relevant to the conduct of disputes.
Article 7
Request for consultations
1. Where the Commission receives a request for consultations from a claimant in accordance with an agreement, it shall immediately notify the Member State concerned. Where a Member State has been made aware of or has received a request for consultations, it shall immediately inform the Commission.
2. Representatives of the Member State concerned and of the Commission shall form part of the Union’s delegation to the consultations.
3. The Member State concerned and the Commission shall immediately provide to each other relevant information for the case.
4. The Commission shall inform the European Parliament and the Council of any such requests for consultations.
Article 8
Notice of intention to initiate arbitration proceedings
1. Where the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings, in accordance with an agreement, it shall immediately notify the Member State concerned. When a claimant states its intention to initiate arbitration proceedings against the Union or a Member State, the Commission shall inform the European Parliament and the Council, within 15 working days of receiving the notice, of the name of the claimant, the provisions of the agreement alleged to have been breached, the economic sector involved, the treatment alleged to be in breach of the agreement and the amount of damages claimed.
2. Where a Member State receives notice by which a claimant states its intention to initiate arbitration proceedings, it shall immediately notify the Commission.
3. The Commission shall inform the European Parliament and the Council of any such notices of intention to initiate arbitration proceedings.
Article 9
Respondent status
1. The Member State concerned shall act as the respondent except where either of the following situations arise:
(a)
the Commission, following consultations pursuant to Article 6, has taken a decision pursuant to paragraph 2 or 3 of this Article within 45 days of receiving the notice or notification referred to in Article 8; or
(b)
the Member State, following consultations pursuant to Article 6, has confirmed to the Commission in writing that it does not intend to act as the respondent within 45 days of receiving the notice or notification referred to in Article 8.
If either of the situations referred to in point (a) or (b) arise, the Union shall act as the respondent.
2. The Commission may decide by means of implementing acts, based on a full and balanced factual analysis and legal reasoning provided to the Member States, in accordance with the advisory procedure referred to in Article 22(2), that the Union is to act as the respondent where one or more of the following circumstances arise:
(a)
the Union would bear all or at least part of the potential financial responsibility arising from the dispute in accordance with the criteria laid down in Article 3; or
(b)
the dispute also concerns treatment afforded by the institutions, bodies, offices or agencies of the Union.
3. The Commission may decide by means of implementing acts, based on a full and balanced factual analysis and legal reasoning provided to the Member States in accordance with the examination procedure referred to in Article 22(3), that the Union is to act as the respondent where similar treatment is being challenged in a related claim against the Union in the WTO, where a panel has been established and the claim concerns the same specific legal issue, and where it is necessary to ensure a consistent argumentation in the WTO case.
4. In acting pursuant to this Article, the Commission shall ensure that the Union’s defence protects the financial interests of the Member State concerned.
5. The Commission and the Member State concerned shall immediately after receiving the notice or notification referred to in Article 8 enter into consultations pursuant to Article 6 on the management of the case pursuant to this Article. The Commission and the Member State concerned shall ensure that any deadlines set down in the agreement are respected.
6. When the Union acts as the respondent in accordance with paragraphs 2 and 5, the Commission shall consult the Member State concerned on any pleading or observation prior to the finalisation and submission thereof. Representatives of the Member State concerned shall, at the Member State’s request and at its expense, form part of the Union’s delegation to any hearing and the Commission shall take due account of the Member State’s interest.
7. The Commission shall immediately inform the European Parliament and the Council of any dispute in which this Article is applied and the manner in which it has been applied.
Article 10
Conduct of arbitration proceedings by a Member State
1. Where a Member State acts as the respondent, in all phases of the dispute, including possible annulment, appeal or review, the Member State pursuant to Article 6 shall:
(a)
provide the Commission in a timely manner with relevant documents relating to the proceeding;
(b)
inform the Commission in a timely manner of all significant procedural steps, and upon request enter into consultations with the Commission with a view to taking into due consideration any point of law or any other element of Union interest raised by the dispute and identified by the Commission in a non-binding written analysis provided to the Member State concerned; and
(c)
permit representatives of the Commission, at its request and its own expense to form part of the delegation representing the Member State.
2. The Commission shall provide the Member State with relevant documents relating to the proceedings, so as to ensure as effective a defence as possible.
3. As soon as an award is rendered, the Member State shall inform the Commission. The Commission shall inform the European Parliament and the Council.
Article 11
Conduct of arbitration proceedings by the Union
1. Pursuant to Article 6, the following provisions shall apply throughout arbitration proceedings, where the Union acts as the respondent in any disputes in which a Member State would be liable to bear all or part of the potential financial responsibility:
(a)
the Commission shall take all necessary measures to defend and protect the interests of the Member State concerned;
(b)
the Member State concerned shall provide all necessary assistance to the Commission;
(c)
the Commission shall provide the Member State concerned with relevant documents relating to the proceeding, keep the Member State informed of all significant procedural steps and enter into consultations with the Member State in any event when requested by the Member State concerned, so as to ensure as effective a defence as possible;
(d)
the Commission and the Member State concerned shall prepare the defence in close cooperation with each other; and,
(e)
the Union’s delegation to the proceedings shall comprise the Commission and representatives of the Member State concerned, unless the Member State concerned informs the Commission that it intends not to form part of the Union’s delegation to the proceedings.
2. The Commission shall regularly inform the European Parliament and the Council of developments in the arbitration proceedings referred to in paragraph 1.
Article 12
Acceptance by the Member State concerned of potential financial responsibility where the Union is the respondent
Where the Union acts as the respondent in any disputes in which a Member State would be liable to bear all or part of the potential financial responsibility, the Member State concerned may, at any time, accept any potential financial responsibility arising from the arbitration. To this end, the Member State concerned and the Commission may enter into arrangements dealing with, inter alia:
(a)
mechanisms for the periodic payment of costs arising from the arbitration;
(b)
mechanisms for the payment of any awards made against the Union.
CHAPTER IV
SETTLEMENT OF DISPUTES WHERE THE UNION IS THE RESPONDENT
Article 13
Settlement of disputes concerning treatment afforded by the Union
1. If the Commission considers that a settlement of a dispute concerning treatment exclusively afforded by the Union would be in the interests of the Union, it may adopt an implementing act to approve the settlement. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22(3).
2. Should a settlement potentially involve action other than the payment of a monetary sum, the relevant procedures for such action shall apply.
Article 14
Settlement of disputes concerning treatment afforded in full or in part by a Member State where the Union wishes to settle
1. Where the Union is the respondent in a dispute concerning treatment afforded, whether fully or in part, by a Member State, and the Commission considers that the settlement of the dispute would be in the financial interests of the Union, the Commission shall first consult with the Member State concerned pursuant to Article 6. The Member State may also initiate such consultations with the Commission.
2. If the Commission and the Member State concerned agree to settle the dispute, the Member State concerned shall endeavour to enter into an arrangement with the Commission setting out the necessary elements for the negotiation and implementation of the settlement.
3. Where the Union is the respondent in a dispute pursuant to which a Member State would incur financial responsibility and where no Union financial responsibility is involved, only the Member State concerned may settle the dispute, pursuant to Article 15.
4. Where the Union is the respondent pursuant to point (b) of Article 9(1), the Commission may, following consultations pursuant to Article 6(1), decide to settle the dispute where the settlement is in the financial interests of the Union. In so deciding, the Commission shall provide a full and balanced factual analysis and legal reasoning demonstrating the financial interests of the Union.
5. Where the Union is the respondent in a dispute pursuant to Article 9(2) which solely involves the financial responsibility of the Union and where no Member State financial responsibility is involved, the Commission may decide to settle the dispute.
6. Where the Union is the respondent in a dispute pursuant to Article 9(2) which involves the financial responsibility of the Union and of a Member State, the Commission may not settle the dispute without the agreement of the Member State concerned. The Member State concerned may submit a full analysis of the impact of the proposed settlement on its financial interests. Where the Member State does not agree to settle the dispute, the Commission may nonetheless decide to settle provided that such settlement does not have any financial or budgetary implications for the Member State concerned on the basis of a full and balanced factual analysis and legal reasoning, taking account of the Member State’s analysis and demonstrating the financial interests of the Union and of the Member State concerned. In that case Article 19 shall not apply.
7. The terms of settlement under paragraphs 4, 5 and 6 shall not include actions on the part of the Member State concerned other than the payment of a monetary sum.
8. Any settlements under this Article shall be subject to approval by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).
Article 15
Settlement of disputes concerning treatment afforded exclusively by a Member State where the Member State wishes to settle
1. Where the Union is the respondent in a dispute exclusively concerning treatment afforded by a Member State, the Member State concerned may propose to settle a dispute where:
(a)
the Member State concerned accepts any potential financial responsibility arising from the settlement;
(b)
any settlement arrangement is enforceable only against the Member State concerned; and
(c)
the terms of the settlement are compatible with Union law.
2. The Commission and the Member State concerned shall enter into consultations to evaluate a Member State’s intention to settle a dispute.
3. The Member State concerned shall notify the Commission of the draft settlement arrangement. The Commission shall be deemed to have accepted the draft settlement arrangement unless, within 90 days following the notification of the draft settlement by the Member State, it decides otherwise by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 22(2), on the grounds that the draft settlement does not meet all of the conditions set out in paragraph 1 of this Article. When the draft settlement is accepted, the Commission shall take all necessary steps to make the settlement arrangements effective.
Article 16
Settlement of disputes concerning treatment afforded in part by a Member State where that Member State wishes to settle
1. Where the Union is the respondent in a dispute concerning treatment afforded in part by a Member State, and the Member State considers that the settlement of the dispute would be in its financial interest, it shall first consult with the Commission pursuant to Article 6.
2. If the Commission and the Member State concerned agree to settle the dispute, the Member State concerned shall endeavour to enter into an arrangement with the Commission setting out the necessary elements for the negotiation and implementation of the settlement.
3. In the event that the Commission does not consent to the settlement of the dispute, the Commission may decide to refuse to settle, based on a full and balanced factual analysis and legal reasoning provided to Member States, by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22(3).
CHAPTER V
PAYMENT OF FINAL AWARDS OR SETTLEMENTS
Article 17
Scope
This Chapter shall apply where the Union acts as the respondent in a dispute.
Article 18
Procedure for the payment of awards or settlements
1. A claimant having obtained a final award pursuant to an agreement may present a request to the Commission for payment of that award. The Commission shall pay any such award, except where the Member State concerned has accepted financial responsibility pursuant to Article 12, in which case the Member State shall pay the award.
2. Where a settlement pursuant to Article 13 or 14 is not recorded in an award, a claimant may present a request to the Commission for payment of the settlement. The Commission shall pay any such settlement within any relevant time periods set down in the settlement agreement.
Article 19
Procedure where there is no agreement as to financial responsibility
1. Where the Union acts as the respondent pursuant to Article 9, and the Commission considers that the award or settlement or costs arising from the arbitration in question should be paid, in part or in full, by the Member State concerned on the basis of the criteria laid down in Article 3(1), the procedure set out in paragraphs 2 to 5 of this Article shall apply.
2. The Commission and the Member State concerned shall immediately enter into consultations to seek agreement on the financial responsibility of the Member State concerned, and the Union where applicable.
3. Within three months of receipt by the Commission of the request for payment of the award or settlement or costs arising from the arbitration, the Commission shall adopt a decision addressed to the Member State concerned, determining the amount to be paid by that Member State. The Commission shall inform the European Parliament and the Council of such decision and its financial reasoning.
4. Unless the Member State concerned objects to the Commission’s determination within two months of the entry into force of the decision referred to in paragraph 3, the Member State concerned shall compensate the budget of the Union for the payment of the award or settlement or costs arising from the arbitration within six months of the entry into force of the Commission’s decision. The Member State concerned shall be liable for any interest due at the rate applicable to other monies owed to the budget of the Union.
5. If the Member State concerned objects and the Commission disagrees with the Member State’s objection, the Commission shall adopt a decision within six months of receipt of the Member State’s objection, requiring the Member State concerned to reimburse the amount paid by the Commission, together with interest at the rate applicable to other monies owed to the budget of the Union.
6. The Commission’s decisions pursuant to paragraphs 3 and 5 shall be published in the Official Journal of the European Union.
Article 20
Advance payment of costs arising from the arbitration
1. The Commission may adopt a decision requiring the Member State concerned to advance financial contributions to the budget of the Union in respect of foreseeable or incurred costs arising from the arbitration. Such a decision on financial contributions shall be proportionate, taking into account the criteria set down in Article 3.
2. To the extent that the costs arising from the arbitration are awarded to the Union by the arbitration tribunal, and the Member State concerned has made periodic payment of costs arising from the arbitration, the Commission shall ensure that they are transferred to the Member State which has paid them in advance, together with interest at the rate applicable to other monies owed to the budget of the Union.
Article 21
Payment by a Member State
A Member State’s reimbursement or payment to the budget of the Union, for the payment of an award or a settlement or costs arising from the arbitration, including those referred to in Article 20(1) of this Regulation, shall be considered as internal assigned revenue in the sense of Article 21(4) of Regulation (EU, Euratom) No 966/2012. It may be used to cover expenditure resulting from agreements concluded pursuant to Article 218 TFEU providing for investor-to-state dispute settlement or to replenish appropriations initially provided to cover the payment of an award or a settlement or costs arising from the arbitration.
CHAPTER VI
FINAL PROVISIONS
Article 22
Committee procedure
1. The Commission shall be assisted by the Committee for Investment Agreements established by Regulation (EU) No 1219/2012 of the European Parliament and of the Council (4). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 23
Report and review
1. The Commission shall submit a detailed report on the operation of this Regulation to the European Parliament and to the Council at regular intervals. That report shall contain all relevant information including the listing of the claims made against the Union or the Member States, related proceedings and rulings, and the financial impact on the budget of the Union. The first report shall be submitted by 18 September 2019. Subsequent reports shall be submitted every three years thereafter.
2. The Commission shall annually submit to the European Parliament and to the Council a list of requests for consultations from claimants, claims and arbitration rulings.
3. The Commission may also submit, together with the report referred to in paragraph 1 and based on the Commission’s findings, a proposal to the European Parliament and to the Council for the amendment of this Regulation.
Article 24
Disputes under agreements concluded before the entry into force of this Regulation
With regard to disputes under agreements covered under Article 1 and concluded before 17 September 2014, this Regulation shall apply only in respect of disputes where the submission of a claim to arbitration has been lodged after 17 September 2014, and that concern treatment afforded after 17 September 2014.
Article 25
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
S. GOZI
(1) Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 23 July 2014.
(2) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(3) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(4) Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries (OJ L 351 20.12.2012, p. 40).
Joint declaration by the European Parliament, the Council and the Commission
The adoption and application of this Regulation are without prejudice to the division of competences established by the Treaties and shall not be interpreted as an exercise of shared competence by the Union in areas where the Union’s competence has not been exercised. |
1.7.2014
EN
Official Journal of the European Union
L 192/36
COMMISSION IMPLEMENTING REGULATION (EU) No 723/2014
of 23 June 2014
approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Nieheimer Käse (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular the second subparagraph of Article 53(2) thereof,
Whereas:
(1)
By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Germany's application for the approval of amendments to the specification for the protected geographical indication ‘Nieheimer Käse’, registered under Commission Regulation (EC) No 414/2010 (2).
(2)
The purpose of the application is to amend the specification by defining the proportion of caraway, an optional ingredient.
(3)
The Commission has examined the amendment in question and concluded that it is justified. Since the amendment is minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, the Commission may approve it without following the procedure set out in Articles 50 to 52 of the Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The specification for the protected geographical indication ‘Nieheimer Käse’ is hereby amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 2014.
For the Commission
On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ L 119, 13.5.2010, p. 3.
ANNEX
The following amendment to the specification for the protected geographical indication ‘Nieheimer Käse’ is approved:
Method of production:
In the sentence ‘Cooking salt (2,5-3,5 %) and possibly caraway seed (0,01-0,03 %) are then added to the mass, which is mixed until distribution is even.’, the text in parentheses, ‘(0,01-0,03)’ following ‘caraway seed’ is replaced with ‘(0,1-0,3 %)’.
Justification:
The requester, an association of producers of the product in question, contends that over the 65 years in which ‘Nieheimer Käse’ has been produced, the addition of caraway seed has always represented 0,1-0,3 %.
The quantity mentioned in the summary published in the Official Journal of the European Union in this connection (‘0,01-0,03’) is the result of a drafting error. The missing % sign was added upon publication in the Deutsches Markenblatt of 23 September 2005. The extra zeros after the comma would result in a corresponding addition of caraway seed (of only one to three ten thousandths of the total weight) to the product, which would be barely perceptible. |
21.1.2014
EN
Official Journal of the European Union
L 17/1
COMMISSION REGULATION (EU) No 36/2014
of 16 January 2014
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for aminopyralid, chlorantraniliprole, cyflufenamid, mepiquat, metalaxyl-M, propamocarb, pyriofenone and quinoxyfen in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) thereof,
Whereas:
(1)
Annex II and Part B of Annex III to Regulation (EC) No 396/2005 set the maximum residue levels (MRLs) for metalaxyl-M and quinoxyfen and Part A of Annex III to that Regulation sets the MRLs for aminopyralid, chlorantraniliprole, cyflufenamid, mepiquat, pencycuron and propamocarb. As regards pyriofenone, no specific MRLs were set nor was the substance included in Annex IV to that Regulation, so the default value of 0.01 mg/kg applies.
(2)
In the context of a procedure for the authorisation of the use of a plant protection product containing the active substance chlorantraniliprole on beetroot, carrots, celeriac, horseradish, Jerusalem artichokes, parsnips, parsley root, salsify, swedes, turnips and other root and tuber vegetables (except sugar beet and radishes), an application was submitted in accordance with Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs.
(3)
Such applications were also submitted as regards cyflufenamid for pome fruits (except apples and pears), gherkins and cucurbits with inedible peel (except melons); as regards mepiquat for oats, wheat and products of animal origin considering residue levels in feed items resulting from the uses of mepiquat on wheat, rye and barley; as regards metalaxyl-M for currants; as regards pencycuron for potatoes; as regards propamocarb for rocket and leek; and as regards pyriofenone for table and wine grapes, barley, oats, rye and wheat.
(4)
In accordance with paragraphs 2 and 4 of Article 6 of Regulation (EC) No 396/2005 an application was submitted for aminopyralid in products of animal origin considering residue levels in feed items resulting from the use of aminopyralid on grass pasture. The applicant claims that the authorised use of aminopyralid on grass pasture in the United States, Canada, Bolivia, Argentina and Brazil leads to residues exceeding the MRLs authorised under Regulation (EC) No 396/2005 and that higher MRLs are necessary to avoid trade barriers for the importation of products of animal origin.
(5)
Such applications were also submitted as regards chlorantraniliprole for oilseeds (except peanuts, soya beans and cotton seeds) and as regards quinoxyfen for hops. In both cases the applicants claim that the authorised use of the substances on those crops in the United States leads to residues exceeding the MRLs authorised under Regulation (EC) No 396/2005 and that higher MRLs are necessary to avoid trade barriers for the importation of oilseeds.
(6)
In accordance with Article 8 of Regulation (EC) No 396/2005 those applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission.
(7)
The European Food Safety Authority ("the Authority") assessed the applications and the evaluation reports, examining in particular the risks to the consumer and, where relevant, to animals and gave reasoned opinions on the proposed MRLs (2). It forwarded those opinions to the Commission and the Member States and made them available to the public.
(8)
The Authority concluded that, as regards the use of aminopyralid on grass pasture, no modification of the existing MRLs is required for milk, eggs, poultry and swine products. As regards the use of chlorantraniliprole on oilseeds and the use of pencycuron on potatoes, it concluded that the submitted data are not sufficient to set a new MRL. As regards the use of propamocarb on leek, the Authority does not recommend setting the proposed MRL since a risk for consumers cannot be excluded. Moreover, the intended drench application is not supported by data. The existing MRLs should therefore remain unchanged.
(9)
As regards all other applications, the Authority concluded that all requirements with respect to data were met and that the modifications to the MRLs requested by the applicants were acceptable as regards consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to those substances via consumption of all food products that may contain them, nor the short-term exposure due to high consumption of the relevant crops and products showed that there is a risk that the acceptable daily intake (ADI) or the acute reference dose (ARfD) is exceeded.
(10)
As regards, aminopyralid the Authority proposed the implementation of the Codex maximum residue limits (CXLs) for food of animal origin as an alternative to the modifications of the MRLs requested by the applicant since the CXLs are based on the same scientific considerations. Those CXLs are safe for consumers in the Union and should therefore be included in Regulation (EC) No 396/2005 as MRL.
(11)
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005.
(12)
Regulation (EC) No 396/2005 should therefore be amended accordingly.
(13)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 January 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 70, 16.3.2005, p. 1.
(2) EFSA scientific reports available online: http://www.efsa.europa.eu:
Reasoned opinion on the modification of the existing MRLs for aminopyralid in food commodities of animal origin. EFSA Journal 2013;11(6):3271 [35 pp.]. doi:10.2903/j.efsa.2013.3271.
Reasoned opinion on the modification of the existing MRLs for chlorantraniliprole in several root and tuber vegetables and oilseeds. EFSA Journal 2013;11(7):3296 [36 pp.]. doi:10.2903/j.efsa.2013.3296.
Reasoned opinion on the modification of the existing MRLs for cyflufenamid in pome fruits, cucurbits (inedible peel) and gherkins. EFSA Journal 2013;11(7):3336 doi:10.2903/j.efsa.2013.3336.
Reasoned opinion on the modification of the existing MRLs for mepiquat in oats, wheat and food commodities of animal origin. EFSA Journal 2013;11(6):3275 [40 pp.]. doi:10.2903/j.efsa.2013.3275.
Reasoned opinion on the modification of the existing MRLs for metalaxyl-M in currant (red, black and white). EFSA Journal 2013;11(7):3297 [25 pp.]. doi:10.2903/j.efsa.2013.3297.
Reasoned opinion on the modification of the existing MRL for pencycuron in potatoes. EFSA Journal 2012;10(12):3011 [21 pp.]. doi:10.2903/j.efsa.2012.3011.
Reasoned opinion on the modification of the existing MRLs for propamocarb in rocket and leek. EFSA Journal 2013;11(6):3255 [32 pp.]. doi:10.2903/j.efsa.2013.3255.
Reasoned opinion on the setting of new MRLs for pyriofenone in cereals, grapes and animal products. EFSA Journal 2013;11(7):3342 [23 pp.]. doi:10.2903/j.efsa.2013.3342.
Reasoned opinion on the modification of the existing MRL for quinoxyfen in hops. EFSA Journal 2013;11(7):3343 [22 pp.]. doi:10.2903/j.efsa.2013.3343.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
(1)
In Annex II, the columns for metalaxyl-M and quinoxyfen are replaced by the following:
‘Pesticide residues and maximum residue levels (mg/kg)
Code number
Groups and examples of individual products to which the MRLs apply (1)
Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers))
Quinoxyfen (F)
(1)
(2)
(3)
(4)
1.
FRUIT FRESH OR FROZEN NUTS
(i)
Citrus fruit
0,5
0,02 (2)
Grapefruit (Shaddocks, pomelos, sweeties, tangelo (except mineola), ugli and other hybrids)
Oranges (Bergamot, bitter orange, chinotto and other hybrids)
Lemons (Citron, lemon, Buddha’s hand (Citrus medica var. sarcodactylis))
Limes
Mandarins (Clementine, tangerine, mineola and other hybrids tangor (Citrus reticulata x sinensis))
Others
(ii)
Tree nuts
0,05 (2)
0,02 (2)
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts (Filbert)
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)
Pome fruit
Apples (Crab apple)
0,05
Pears (Oriental pear)
0,02 (2)
Quinces
0,02 (2)
Medlar
(3)
(3)
Loquat
(3)
(3)
Others
0,02 (2)
(iv)
Stone fruit
0,05 (2)
Apricots
0,05
Cherries (Sweet cherries, sour cherries)
0,3
Peaches (Nectarines and similar hybrids)
0,05
Plums (Damson, greengage, mirabelle, sloe, red date/Chinese date/Chinese jujube (Ziziphus zizyphus))
0,02 (2)
Others
0,02 (2)
(v)
Berries & small fruit
(a)
Table and wine grapes
Table grapes
Wine grapes
(b)
Strawberries
0,5
0,3
(c)
Cane fruit
0,05 (2)
0,02 (2)
Blackberries
Dewberries (Loganberries, tayberries, boysenberries, cloudberries and other Rubus hybrids)
Raspberries (Wineberries, arctic bramble/raspberry, (Rubus arcticus), nectar raspberries (Rubus arcticus x Rubus idaeus))
Others
(d)
Other small fruit & berries
Blueberries (Bilberries)
0,05 (2)
Cranberries (Cowberries/red bilberries (V. vitis-idaea))
0,05 (2)
Currants (red, black and white)
0,4
Gooseberries (Including hybrids with other Ribes species)
0,05 (2)
Rose hips
(3)
(3)
Mulberries (Arbutus berry)
(3)
(3)
Azarole (mediteranean medlar) (Kiwiberry (Actinidia arguta))
(3)
(3)
Elderberries (Black chokeberry/appleberry, mountain ash, buckthorn/sea sallowthorn, hawthorn, serviceberries, and other treeberries)
(3)
(3)
Others
0,05 (2)
(vi)
Miscellaneous fruit
0,05 (2)
0,02 (2)
(a)
Edible peel
Dates
Figs
Table olives
Kumquats (Marumi kumquats, nagami kumquats, limequats (Citrus aurantifolia x Fortunella spp.))
Carambola (Bilimbi)
(3)
(3)
Persimmon
(3)
(3)
Jambolan (java plum) (Java apple/water apple, pomerac, rose apple, Brazilean cherry, Surinam cherry/grumichama (Eugenia uniflora))
(3)
(3)
Others
(b)
Inedible peel, small
Kiwi
Lychee (Litchi) (Pulasan, rambutan/hairy litchi, longan, mangosteen, langsat, salak)
Passion fruit
Prickly pear (cactus fruit)
(3)
(3)
Star apple
(3)
(3)
American persimmon (Virginia kaki) (Black sapote, white sapote, green sapote, canistel/yellow sapote, mammey sapote)
(3)
(3)
Others
(c)
Inedible peel, large
Avocados
Bananas (Dwarf banana, plantain, apple banana)
Mangoes
Papaya
Pomegranate
Cherimoya (Custard apple, sugar apple/sweetsop, ilama (Annona diversifolia) and other medium sized Annonaceae fruits)
(3)
(3)
Guava (Red pitaya/dragon fruit (Hylocereus undatus))
(3)
(3)
Pineapples
Bread fruit (Jackfruit)
(3)
(3)
Durian
(3)
(3)
Soursop (guanabana)
(3)
(3)
Others
2.
VEGETABLES FRESH OR FROZEN
(i)
Root and tuber vegetables
0,02 (2)
(a)
Potatoes
0,05 (2)
(b)
Tropical root and tuber vegetables
0,05 (2)
Cassava (Dasheen, eddoe/Japanese taro, tannia)
Sweet potatoes
Yams (Potato bean/yam bean, Mexican yam bean)
Arrowroot
(3)
(3)
Others
(c)
Other root and tuber vegetables except sugar beet
Beetroot
0,05 (2)
Carrots
0,1
Celeriac
0,05 (2)
Horseradish (Angelica roots, lovage roots, gentiana roots)
0,1
Jerusalem artichokes (Crosne)
0,05 (2)
Parsnips
0,1
Parsley root
0,05 (2)
Radishes (Black radish, Japanese radish, small radish and similar varieties, tiger nut (Cyperus esculentus))
0,1
Salsify (Scorzonera, Spanish salsify/Spanish oysterplant, edible burdock)
0,05 (2)
Swedes
0,05 (2)
Turnips
0,05 (2)
Others
0,05 (2)
(ii)
Bulb vegetables
0,02 (2)
Garlic
0,5
Onions (Other bulb onions, silverskin onions)
0,5
Shallots
0,5
Spring onions and welsh onions (Other green onions and similar varieties)
0,2
Others
0,05 (2)
(iii)
Fruiting vegetables
(a)
Solanacea
0,02 (2)
Tomatoes (Cherry tomatoes, Physalis spp., gojiberry, wolfberry (Lycium barbarum and L. chinense), tree tomato)
0,2
Peppers (Chilli peppers)
0,5
Aubergines (egg plants) (Pepino, antroewa/white eggplant (S. macrocarpon))
0,05 (2)
Okra (lady’s fingers)
0,05 (2)
Others
0,05 (2)
(b)
Cucurbits — edible peel
0,02 (2)
Cucumbers
0,5
Gherkins
0,05 (2)
Courgettes (Summer squash, marrow (patisson), lauki (Lagenaria siceraria), chayote, sopropo/bitter melon, snake gourd, angled luffa/teroi)
0,05 (2)
Others
0,05 (2)
(c)
Cucurbits-inedible peel
0,05
Melons (Kiwano)
0,2
Pumpkins (Winter squash, marrow (late variety))
0,05 (2)
Watermelons
0,2
Others
0,05 (2)
(d)
Sweet corn (Baby corn)
0,05 (2)
0,02 (2)
(e)
Other fruiting vegetables
0,05 (2)
0,02 (2)
(iv)
Brassica vegetables
0,02 (2)
(a)
Flowering brassica
0,2
Broccoli (Calabrese, Broccoli raab, Chinese broccoli)
Cauliflower
Others
(b)
Head brassica
Brussels sprouts
0,05 (2)
Head cabbage (Pointed head cabbage, red cabbage, savoy cabbage, white cabbage)
Others
0,05 (2)
(c)
Leafy brassica
Chinese cabbage (Indian or Chinese) mustard, pak choi, Chinese flat cabbage/ai goo choi), choi sum, Peking cabbage/pe-tsai)
0,05 (2)
Kale (Borecole/curly kale, collards, Portuguese Kale, Portuguese cabbage, cow cabbage)
0,2
Others
0,05 (2)
(d)
Kohlrabi
0,05 (2)
(v)
Leaf vegetables & fresh herbs
0,02 (2)
(a)
Lettuce and other salad plants including Brassicacea
Lamb’s lettuce (Italian corn salad)
Lettuce (Head lettuce, lollo rosso (cutting lettuce), iceberg lettuce, romaine (cos) lettuce)
Scarole (broad-leaf endive) (Wild chicory, red-leaved chicory, radicchio, curly leaf endive, sugar loaf (C. endivia var. crispum/C. intybus var. foliosum), dandelion greens)
Cress (Mung bean sprouts, alfalfa sprouts)
Land cress
(3)
(3)
Rocket, Rucola (Wild rocket (Diplotaxis spp.))
Red mustard
(3)
(3)
Leaves and sprouts of Brassica spp, including turnip greens (Mizuna, leaves of peas and radish and other babyleaf crops, including brassica crops (crops harvested up to 8 true leaf stage), kohlrabi leaves)
Others
(b)
Spinach & similar (leaves)
Spinach (New Zealand spinach, amaranthus spinach (pak-khom, tampara), tajer leaves, bitterblad/bitawiri)
0,05 (2)
Purslane (Winter purslane/miner’s lettuce, garden purslane, common purslane, sorrel, glassworth, agretti (Salsola soda))
(3)
(3)
Beet leaves (chard) (Leaves of beetroot)
0,05 (2)
Others
0,05 (2)
(c)
Vine leaves (grape leaves) (Malabar nightshade, banana leaves, climbing wattle (Acacia pennata))
(3)
(3)
(d)
Water cress (Morning glory/Chinese convolvulus/water convolvulus/water spinach/kangkung (Ipomea aquatica), water clover, water mimosa)
0,05 (2)
(e)
Witloof
0,3
(f)
Herbs
Chervil
Chives
Celery leaves (Fennel leaves, coriander leaves, dill leaves, caraway leaves, lovage, angelica, sweet cisely and other Apiacea leaves, culantro/stinking/long coriander/stink weed (Eryngium foetidum))
Parsley (leaves of root parsley)
Sage (Winter savory, summer savory, Borago officinalis leaves)
(3)
(3)
Rosemary
(3)
(3)
Thyme (Marjoram, oregano)
(3)
(3)
Basil (Balm leaves, mint, peppermint, holy basil, sweet basil, hairy basil, edible flowers (marigold flower and others), pennywort, wild betel leaf, curry leaves)
(3)
(3)
Bay leaves (laurel) (Lemon grass)
(3)
(3)
Tarragon (Hyssop)
(3)
(3)
Others
(vi)
Legume vegetables (fresh)
0,05 (2)
0,02 (2)
Beans (with pods) (Green bean/French beans/snap beans, scarlet runner bean, slicing bean, yard long beans, guar beans, soya beans)
Beans (without pods) (Broad beans, flageolets, jack bean, lima bean, cowpea)
Peas (with pods) (Mangetout/sugar peas/snow peas)
Peas (without pods) (Garden pea, green pea, chickpea)
Lentils
Others
(vii)
Stem vegetables (fresh)
Asparagus
0,05 (2)
0,02 (2)
Cardoons (Borago officinalis stems)
0,05 (2)
0,02 (2)
Celery
0,05 (2)
0,02 (2)
Fennel
0,05 (2)
0,02 (2)
Globe artichokes (Banana flower)
0,05 (2)
0,3
Leek
0,2
0,02 (2)
Rhubarb
0,05 (2)
0,02 (2)
Bamboo shoots
(3)
(3)
Palm hearts
(3)
(3)
Others
0,05 (2)
0,02 (2)
(viii)
Fungi
0,05 (2)
0,02 (2)
Cultivated fungi (Common mushroom, oyster mushroom, shiitake, fungus mycelium (vegetative parts))
Wild fungi (Chanterelle, truffle, morel, cep)
Others
(ix)
Sea weeds
(3)
(3)
3.
PULSES, DRY
0,05 (2)
0,02 (2)
Beans (Broad beans, navy beans, flageolets, jack beans, lima beans, field beans, cowpeas)
Lentils
Peas (Chickpeas, field peas, chickling vetch)
Lupins
Others
4.
OILSEEDS AND OILFRUITS
(i)
Oilseeds
0,1 (2)
0,05 (2)
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rape seed (Bird rapeseed, turnip rape)
Soya bean
Mustard seed
Cotton seed
Pumpkin seeds (Other seeds of Cucurbitaceae)
Safflower
(3)
(3)
Borage (Purple viper’s bugloss/Canary flower (Echium plantagineum), Corn Gromwell (Buglossoides arvensis))
(3)
(3)
Gold of pleasure
(3)
(3)
Hempseed
Castor bean
(3)
(3)
Others
(ii)
Oilfruits
Olives for oil production
0,05 (2)
0,02 (2)
Palm nuts (palmoil kernels)
(3)
(3)
Palmfruit
(3)
(3)
Kapok
(3)
(3)
Others
0,1 (2)
0,05 (2)
5.
CEREALS
0,05 (2)
Barley
0,2
Buckwheat (Amaranthus, quinoa)
0,02 (2)
Maize
0,02 (2)
Millet (Foxtail millet, teff, finger millet, pearl millet)
0,02 (2)
Oats
0,2
Rice (Indian/wild rice (Zizania aquatica))
0,02 (2)
Rye
0,02 (2)
Sorghum
0,02 (2)
Wheat (Spelt, triticale)
0,02 (2)
Others (Canary grass seeds (Phalaris canariensis))
0,02 (2)
6.
TEA, COFFEE, HERBAL INFUSIONS AND COCOA
0,1 (2)
0,05 (2)
(i)
Tea
(ii)
Coffee beans
(3)
(3)
(iii)
Herbal infusions (dried)
(3)
(3)
(a)
Flowers
(3)
(3)
Camomille flowers
(3)
(3)
Hybiscus flowers
(3)
(3)
Rose petals
(3)
(3)
Jasmine flowers (Elderflowers (Sambucus nigra))
(3)
(3)
Lime (linden)
(3)
(3)
Others
(3)
(3)
(b)
Leaves
(3)
(3)
Strawberry leaves
(3)
(3)
Rooibos leaves (Ginkgo leaves)
(3)
(3)
Maté
(3)
(3)
Others
(3)
(3)
(c)
Roots
(3)
(3)
Valerian root
(3)
(3)
Ginseng root
(3)
(3)
Others
(3)
(3)
(d)
Other herbal infusions
(3)
(3)
(iv)
Cocoabeans (fermented or dried)
(3)
(3)
(v)
Carob (st johns bread)
(3)
(3)
7.
HOPS (dried)
8.
SPICES
(3)
(3)
(i)
Seeds
(3)
(3)
Anise
(3)
(3)
Black caraway
(3)
(3)
Celery seed (Lovage seed)
(3)
(3)
Coriander seed
(3)
(3)
Cumin seed
(3)
(3)
Dill seed
(3)
(3)
Fennel seed
(3)
(3)
Fenugreek
(3)
(3)
Nutmeg
(3)
(3)
Others
(3)
(3)
(ii)
Fruits and berries
(3)
(3)
Allspice
(3)
(3)
Sichuan pepper (Anise pepper, Japan pepper)
(3)
(3)
Caraway
(3)
(3)
Cardamom
(3)
(3)
Juniper berries
(3)
(3)
Pepper, black, green and white (Long pepper, pink pepper)
(3)
(3)
Vanilla pods
(3)
(3)
Tamarind
(3)
(3)
Others
(3)
(3)
(iii)
Bark
(3)
(3)
Cinnamon (Cassia)
(3)
(3)
Others
(3)
(3)
(iv)
Roots or rhizome
(3)
(3)
Liquorice
(3)
(3)
Ginger
(3)
(3)
Turmeric (Curcuma)
(3)
(3)
Horseradish
(3)
(3)
Others
(3)
(3)
(v)
Buds
(3)
(3)
Cloves
(3)
(3)
Capers
(3)
(3)
Others
(3)
(3)
(vi)
Flower stigma
(3)
(3)
Saffron
(3)
(3)
Others
(3)
(3)
(vii)
Aril
(3)
(3)
Mace
(3)
(3)
Others
(3)
(3)
9.
SUGAR PLANTS
(3)
(3)
Sugar beet (root)
(3)
(3)
Sugar cane
(3)
(3)
Chicory roots
(3)
(3)
Others
(3)
(3)
10.
PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS
0,05 (2)
(i)
Tissue
0,2
(a)
Swine
Muscle
Fat
Liver
Kidney
Edible offal
Others
(b)
Bovine
Muscle
Fat
Liver
Kidney
Edible offal
Others
(c)
Sheep
Muscle
Fat
Liver
Kidney
Edible offal
Others
(d)
Goat
Muscle
Fat
Liver
Kidney
Edible offal
Others
(e)
Horses, asses, mules or hinnies
(3)
(3)
Muscle
(3)
(3)
Fat
(3)
(3)
Liver
(3)
(3)
Kidney
(3)
(3)
Edible offal
(3)
(3)
Others
(3)
(3)
(f)
Poultry -chicken, geese, duck, turkey and Guinea fowl-, ostrich, pigeon
Muscle
Fat
Liver
Kidney
Edible offal
Others
(g)
Other farm animals (Rabbit, kangaroo, deer)
(3)
(3)
Muscle
(3)
(3)
Fat
(3)
(3)
Liver
(3)
(3)
Kidney
(3)
(3)
Edible offal
(3)
(3)
Others
(3)
(3)
(ii)
Milk
0,05
Cattle
Sheep
Goat
Horse
Others
(iii)
Bird eggs
0,02 (2)
Chicken
Duck
(3)
(3)
Goose
(3)
(3)
Quail
(3)
(3)
Others
(3)
(3)
(iv)
Honey (Royal jelly, pollen, honey comb with honey (comb honey))
(3)
(3)
(v)
Amphibians and reptiles (Frog legs, crocodiles)
(3)
(3)
(vi)
Snails
(3)
(3)
(vii)
Other terrestrial animal products (Wild game)
(3)
(3)
(F)= Fat soluble’
(2)
Annex III is amended as follows:
(a)
In Part A, the columns for aminopyralid, chlorantraniliprole, cyflufenamid, mepiquat and propamocarb are replaced by the following:
‘Pesticide residues and maximum residue levels (mg/kg)
Code number
Groups and examples of individual products to which the MRLs apply (4)
Aminopyralid
Chlorantraniliprole (DPX E-2Y45) (F)
Cyflufenamid: sum of cyflufenamid (Z-isomer) and its E-isomer
Mepiquat
Propamocarb (Sum of propamocarb and its salt expressed as propamocarb)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
1.
FRUIT FRESH OR FROZEN NUTS
0,01 (5)
(i)
Citrus fruit
0,7
0,02 (5)
0,05 (5)
Grapefruit (Shaddocks, pomelos, sweeties, tangelo (except mineola), ugli and other hybrids)
Oranges (Bergamot, bitter orange, chinotto and other hybrids)
0,1 (5)
Lemons (Citron, lemon, Buddha’s hand (Citrus medica var. sarcodactylis))
Limes
Mandarins (Clementine, tangerine, mineola and other hybrids tangor (Citrus reticulata x sinensis))
Others
(ii)
Tree nuts
0,05
0,02 (5)
0,05 (5)
0,1 (5)
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts (Filbert)
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)
Pome fruit
0,5
0,05
0,05 (5)
Apples (Crab apple)
Pears (Oriental pear)
Quinces
0,1 (5)
Medlar
0,1 (5)
Loquat
0,1 (5)
Others
0,1 (5)
(iv)
Stone fruit
0,02 (5)
0,05 (5)
0,1 (5)
Apricots
Cherries (Sweet cherries, sour cherries)
Peaches (Nectarines and similar hybrids)
Plums (Damson, greengage, mirabelle, sloe, red date/Chinese date/Chinese jujube (Ziziphus zizyphus))
Others
(v)
Berries & small fruit
(a)
Table and wine grapes
0,15
0,3
0,1 (5)
Table grapes
Wine grapes
(b)
Strawberries
0,02 (5)
0,05 (5)
(c)
Cane fruit
0,02 (5)
0,05 (5)
0,1 (5)
Blackberries
Dewberries (Loganberries, tayberries, boysenberries, cloudberries and other Rubus hybrids)
Raspberries (Wineberries, arctic bramble/raspberry, (Rubus arcticus), nectar raspberries (Rubus arcticus x Rubus idaeus))
Others
(d)
Other small fruit & berries
0,02 (5)
0,05 (5)
0,1 (5)
Blueberries (Bilberries)
1,5
Cranberries (Cowberries/red bilberries (V. vitis-idaea))
Currants (red, black and white)
Gooseberries (Including hybrids with other Ribes species)
Rose hips
Mulberries (Arbutus berry)
Azarole (mediteranean medlar) (Kiwiberry (Actinidia arguta))
0,01 (5)
Elderberries (Black chokeberry/appleberry, mountain ash, buckthorn/sea sallowthorn, hawthorn, serviceberries, and other treeberries)
Others
(vi)
Miscellaneous fruit
0,01 (5)
0,02 (5)
0,05 (5)
0,1 (5)
(a)
Edible peel
Dates
Figs
Table olives
Kumquats (Marumi kumquats, nagami kumquats, limequats (Citrus aurantifolia x Fortunella spp.))
Carambola (Bilimbi)
Persimmon
Jambolan (java plum) (Java apple/water apple, pomerac, rose apple, Brazilean cherry, Surinam cherry/grumichama (Eugenia uniflora))
Others
(b)
Inedible peel, small
Kiwi
Lychee (Litchi) (Pulasan, rambutan/hairy litchi, longan, mangosteen, langsat, salak)
Passion fruit
Prickly pear (cactus fruit)
Star apple
American persimmon (Virginia kaki) (Black sapote, white sapote, green sapote, canistel/yellow sapote, mammey sapote)
Others
(c)
Inedible peel, large
Avocados
Bananas (Dwarf banana, plantain, apple banana)
Mangoes
Papaya
Pomegranate
Cherimoya (Custard apple, sugar apple/sweetsop, ilama (Annona diversifolia) and other medium sized Annonaceae fruits)
Guava (Red pitaya/dragon fruit (Hylocereus undatus))
Pineapples
Bread fruit (Jackfruit)
Durian
Soursop (guanabana)
Others
2.
VEGETABLES FRESH OR FROZEN
0,01 (5)
(i)
Root and tuber vegetables
0,02 (5)
0,05 (5)
(a)
Potatoes
0,02
0,5
(b)
Tropical root and tuber vegetables
0,02
Cassava (Dasheen, eddoe/Japanese taro, tannia)
0,5
Sweet potatoes
0,5
Yams (Potato bean/yam bean, Mexican yam bean)
0,5
Arrowroot
Others
(c)
Other root and tuber vegetables except sugar beet
Beetroot
0,06
0,1 (5)
Carrots
0,06
Celeriac
0,06
0,2
Horseradish (Angelica roots, lovage roots, gentiana roots)
0,06
0,5
Jerusalem artichokes (Crosne)
0,06
0,1 (5)
Parsnips
0,06
0,1 (5)
Parsley root
0,06
0,5
Radishes (Black radish, Japanese radish, small radish and similar varieties, tiger nut (Cyperus esculentus))
0,5
Salsify (Scorzonera, Spanish salsify/Spanish oysterplant, edible burdock)
0,06
0,1 (5)
Swedes
0,06
0,1 (5)
Turnips
0,06
Others
0,06
0,1 (5)
(ii)
Bulb vegetables
0,01 (5)
0,02 (5)
Garlic
0,1
Onions (Other bulb onions, silverskin onions)
0,05 (5)
Shallots
0,05 (5)
Spring onions and welsh onions (Other green onions and similar varieties)
0,05 (5)
0,1 (5)
Others
0,05 (5)
0,1 (5)
(iii)
Fruiting vegetables
0,05 (5)
(a)
Solanacea
0,02 (5)
Tomatoes (Cherry tomatoes, Physalis spp., gojiberry, wolfberry (Lycium barbarum and L. chinense), tree tomato)
0,6
Peppers (Chilli peppers)
Aubergines (egg plants) (Pepino, antroewa/white eggplant (S. macrocarpon))
0,6
Okra (lady’s fingers)
0,6
Others
0,6
(b)
Cucurbits — edible peel
0,3
Cucumbers
0,04
Gherkins
0,08
Courgettes (Summer squash, marrow (patisson), lauki (Lagenaria siceraria), chayote, sopropo/bitter melon, snake gourd, angled luffa/teroi)
0,05
Others
0,02 (5)
(c)
Cucurbits-inedible peel
0,3
0,04
Melons (Kiwano)
Pumpkins (Winter squash, marrow (late variety))
Watermelons
Others
(d)
Sweet corn (Baby corn)
0,2
0,02 (5)
(e)
Other fruiting vegetables
0,2
0,02 (5)
(iv)
Brassica vegetables
0,02 (5)
0,05 (5)
(a)
Flowering brassica
Broccoli (Calabrese, Broccoli raab, Chinese broccoli)
Cauliflower
0,3
Others
0,3
(b)
Head brassica
Brussels sprouts
0,01 (5)
Head cabbage (Pointed head cabbage, red cabbage, savoy cabbage, white cabbage)
Others
0,01 (5)
(c)
Leafy brassica
Chinese cabbage (Indian or Chinese) mustard, pak choi, Chinese flat cabbage/ai goo choi), choi sum, Peking cabbage/pe-tsai)
Kale (Borecole/curly kale, collards, Portuguese Kale, Portuguese cabbage, cow cabbage)
Others
(d)
Kohlrabi
0,01 (5)
(v)
Leaf vegetables & fresh herbs
0,02 (5)
0,05 (5)
(a)
Lettuce and other salad plants including Brassicacea
Lamb’s lettuce (Italian corn salad)
Lettuce (Head lettuce, lollo rosso (cutting lettuce), iceberg lettuce, romaine (cos) lettuce)
Scarole (broad-leaf endive) (Wild chicory, red-leaved chicory, radicchio, curly leaf endive, sugar loaf (C. endivia var. crispum/C. intybus var. foliosum), dandelion greens)
Cress (Mung bean sprouts, alfalfa sprouts)
Land cress
Rocket, Rucola (Wild rocket (Diplotaxis spp.))
Red mustard
Leaves and sprouts of Brassica spp, including turnip greens (Mizuna, leaves of peas and radish and other babyleaf crops, including brassica crops (crops harvested up to 8 true leaf stage), kohlrabi leaves)
Others
(b)
Spinach & similar (leaves)
Spinach (New Zealand spinach, amaranthus spinach (pak-khom, tampara), tajer leaves, bitterblad/bitawiri)
Purslane (Winter purslane/miner’s lettuce, garden purslane, common purslane, sorrel, glassworth, agretti (Salsola soda))
Beet leaves (chard) (Leaves of beetroot)
Others
(c)
Vine leaves (grape leaves) (Malabar nightshade, banana leaves, climbing wattle (Acacia pennata))
(d)
Water cress (Morning glory/Chinese convolvulus/water convolvulus/water spinach/kangkung (Ipomea aquatica), water clover, water mimosa)
(e)
Witloof
(f)
Herbs
Chervil
Chives
Celery leaves (Fennel leaves, coriander leaves, dill leaves, caraway leaves, lovage, angelica, sweet cisely and other Apiacea leaves, culantro/stinking/long coriander/stink weed (Eryngium foetidum))
Parsley (leaves of root parsley)
Sage (Winter savory, summer savory, Borago officinalis leaves)
Rosemary
Thyme (Marjoram, oregano)
Basil (Balm leaves, mint, peppermint, holy basil, sweet basil, hairy basil, edible flowers (marigold flower and others), pennywort, wild betel leaf, curry leaves)
Bay leaves (laurel) (Lemon grass)
Tarragon (Hyssop)
Others
(vi)
Legume vegetables (fresh)
0,02 (5)
0,05 (5)
0,1 (5)
Beans (with pods) (Green bean/French beans/snap beans, scarlet runner bean, slicing bean, yard long beans, guar beans, soya beans)
0,5
Beans (without pods) (Broad beans, flageolets, jack bean, lima bean, cowpea)
0,01 (5)
Peas (with pods) (Mangetout/sugar peas/snow peas)
0,01 (5)
Peas (without pods) (Garden pea, green pea, chickpea)
0,01 (5)
Lentils
0,01 (5)
Others
0,01 (5)
(vii)
Stem vegetables (fresh)
0,02 (5)
0,05 (5)
Asparagus
0,01 (5)
0,1 (5)
Cardoons (Borago officinalis stems)
0,01 (5)
0,1 (5)
Celery
Fennel
0,01 (5)
0,1 (5)
Globe artichokes (Banana flower)
0,3
0,1 (5)
Leek
0,01 (5)
Rhubarb
0,01 (5)
0,1 (5)
Bamboo shoots
0,01 (5)
0,1 (5)
Palm hearts
0,01 (5)
0,1 (5)
Others
0,01 (5)
0,1 (5)
(viii)
Fungi
0,01 (5)
0,02 (5)
0,05 (5)
0,1 (5)
Cultivated fungi (Common mushroom, oyster mushroom, shiitake, fungus mycelium (vegetative parts))
Wild fungi (Chanterelle, truffle, morel, cep)
Others
(ix)
Sea weeds
0,01 (5)
0,02 (5)
0,05 (5)
0,1 (5)
3.
PULSES, DRY
0,01 (5)
0,01 (5)
0,02 (5)
0,05 (5)
0,1 (5)
Beans (Broad beans, navy beans, flageolets, jack beans, lima beans, field beans, cowpeas)
Lentils
Peas (Chickpeas, field peas, chickling vetch)
Lupins
Others
4.
OILSEEDS AND OILFRUITS
0,02 (5)
0,1 (5)
(i)
Oilseeds
Linseed
0,01 (5)
0,01 (5)
0,05 (5)
Peanuts
0,01 (5)
0,01 (5)
0,05 (5)
Poppy seed
0,01 (5)
0,01 (5)
0,05 (5)
Sesame seed
0,01 (5)
0,01 (5)
0,05 (5)
Sunflower seed
0,01 (5)
0,01 (5)
Rape seed (Bird rapeseed, turnip rape)
0,03
0,01 (5)
Soya bean
0,01 (5)
0,01 (5)
0,05 (5)
Mustard seed
0,01 (5)
0,01 (5)
0,05 (5)
Cotton seed
0,01 (5)
0,3
Pumpkin seeds (Other seeds of Cucurbitaceae)
0,01 (5)
0,01 (5)
0,05 (5)
Safflower
0,01 (5)
0,01 (5)
0,05 (5)
Borage (Purple viper’s bugloss/Canary flower (Echium plantagineum), Corn Gromwell (Buglossoides arvensis))
0,01 (5)
0,01 (5)
0,05 (5)
Gold of pleasure
0,01 (5)
0,01 (5)
0,05 (5)
Hempseed
0,01 (5)
0,01 (5)
0,05 (5)
Castor bean
0,01 (5)
0,01 (5)
0,05 (5)
Others
0,01 (5)
0,01 (5)
0,05 (5)
(ii)
Oilfruits
0,01 (5)
0,01 (5)
0,05 (5)
Olives for oil production
Palm nuts (palmoil kernels)
Palmfruit
Kapok
Others
5.
CEREALS
0,1 (5)
Barley
0,1
0,02
0,1
Buckwheat (Amaranthus, quinoa)
0,01 (5)
0,02
0,02 (5)
Maize
0,01 (5)
0,02
0,02 (5)
Millet (Foxtail millet, teff, finger millet, pearl millet)
0,01 (5)
0,02
0,02 (5)
Oats
0,1
0,02
0,1
Rice (Indian/wild rice (Zizania aquatica))
0,01 (5)
0,4
0,02 (5)
Rye
0,1
0,02
0,05
Sorghum
0,01 (5)
0,02
0,02 (5)
Wheat (Spelt, triticale)
0,1
0,02
0,05
Others (Canary grass seeds (Phalaris canariensis))
0,01 (5)
0,02
0,02 (5)
6.
TEA, COFFEE, HERBAL INFUSIONS AND COCOA
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
(i)
Tea
(ii)
Coffee beans
(iii)
Herbal infusions (dried)
(a)
Flowers
Camomille flowers
Hybiscus flowers
Rose petals
Jasmine flowers (Elderflowers (Sambucus nigra))
Lime (linden)
Others
(b)
Leaves
Strawberry leaves
Rooibos leaves (Ginkgo leaves)
Maté
Others
(c)
Roots
Valerian root
Ginseng root
Others
(d)
Other herbal infusions
(iv)
Cocoabeans (fermented or dried)
(v)
Carob (st johns bread)
7.
HOPS (dried)
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
8.
SPICES
(i)
Seeds
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Anise
Black caraway
Celery seed (Lovage seed)
Coriander seed
Cumin seed
Dill seed
Fennel seed
Fenugreek
Nutmeg
Others
(ii)
Fruits and berries
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Allspice
Sichuan pepper (Anise pepper, Japan pepper)
Caraway
Cardamom
Juniper berries
Pepper, black, green and white (Long pepper, pink pepper)
Vanilla pods
Tamarind
Others
(iii)
Bark
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Cinnamon (Cassia)
Others
(iv)
Roots or rhizome
Liquorice
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Ginger
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Turmeric (Curcuma)
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Horseradish
(+)
(+)
(+)
(+)
(+)
Others
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
(v)
Buds
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Cloves
Capers
Others
(vi)
Flower stigma
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Saffron
Others
(vii)
Aril
0,02 (5)
0,02 (5)
0,05 (5)
0,1 (5)
0,2 (5)
Mace
Others
9.
SUGAR PLANTS
0,01 (5)
0,02 (5)
0,05 (5)
0,1 (5)
Sugar beet (root)
0,02
Sugar cane
0,5
Chicory roots
0,02
Others
0,01 (5)
10.
PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS
0,1 (5)
(i)
Tissue
0,03 (5)
(a)
Swine
Muscle
0,01 (5)
0,2
0,05 (5)
Fat
0,02
0,2
0,05 (5)
Liver
0,02
0,2
0,05 (5)
Kidney
0,3
0,2
0,05 (5)
Edible offal
0,01 (5)
0,2
0,2
Others
0,01 (5)
0,01 (5)
0,05 (5)
(b)
Bovine
Muscle
0,1
0,2
0,08
Fat
0,1
0,2
0,05 (5)
Liver
0,05
0,2
0,4
Kidney
0,2
0,6
Edible offal
0,05
0,2
0,2
Others
0,01 (5)
0,01 (5)
0,05 (5)
(c)
Sheep
Muscle
0,1
0,2
0,08
Fat
0,1
0,2
0,05 (5)
Liver
0,05
0,2
0,4
Kidney
0,2
0,6
Edible offal
0,05
0,2
0,2
Others
0,01 (5)
0,01 (5)
0,05 (5)
(d)
Goat
Muscle
0,1
0,2
0,08
Fat
0,1
0,2
0,05 (5)
Liver
0,05
0,2
0,4
Kidney
0,2
0,6
Edible offal
0,05
0,2
0,2
Others
0,01 (5)
0,01 (5)
0,05 (5)
(e)
Horses, asses, mules or hinnies
Muscle
0,1
0,2
0,08
Fat
0,1
0,2
0,05 (5)
Liver
0,05
0,2
0,4
Kidney
0,2
0,6
Edible offal
0,05
0,2
0,2
Others
0,01 (5)
0,01 (5)
0,05 (5)
(f)
Poultry -chicken, geese, duck, turkey and Guinea fowl-, ostrich, pigeon
0,01 (5)
0,05 (5)
Muscle
0,01 (5)
Fat
0,02
Liver
0,02
Kidney
0,3
Edible offal
0,01 (5)
Others
0,01 (5)
(g)
Other farm animals (Rabbit, kangaroo, deer)
0,05 (5)
Muscle
0,1
0,2
Fat
0,1
0,2
Liver
0,05
0,2
Kidney
0,2
Edible offal
0,05
0,2
Others
0,01 (5)
0,01 (5)
(ii)
Milk
0,02
0,05
0,03 (5)
Cattle
0,1
Sheep
0,05 (5)
Goat
0,05 (5)
Horse
0,05 (5)
Others
0,05 (5)
(iii)
Bird eggs
0,01 (5)
0,1
0,03 (5)
0,05 (5)
Chicken
Duck
Goose
Quail
Others
(iv)
Honey (Royal jelly, pollen, honey comb with honey (comb honey))
0,05 (5)
0,05 (5)
0,05 (5)
0,05 (5)
(v)
Amphibians and reptiles (Frog legs, crocodiles)
0,01 (5)
0,01 (5)
0,03 (5)
0,05 (5)
(vi)
Snails
0,01 (5)
0,01 (5)
0,03 (5)
0,05 (5)
(vii)
Other terrestrial animal products (Wild game)
0,01 (5)
0,01 (5)
0,03 (5)
0,05 (5)
Aminopyralid
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Chlorantraniliprole (DPX E-2Y45) (F)
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Cyflufenamid: sum of cyflufenamid (Z-isomer) and its E-isomer
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Mepiquat
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Propamocarb (Sum of propamocarb and its salt expressed as propamocarb)
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish’
(b)
In Part A, the following column for pyriofenone is added:
‘Pesticide residues and maximum residue levels (mg/kg)
Code number
Groups and examples of individual products to which the MRLs apply (6)
Pyriofenone
(1)
(2)
(3)
1.
FRUIT FRESH OR FROZEN NUTS
(i)
Citrus fruit
Grapefruit (Shaddocks, pomelos, sweeties, tangelo (except mineola), ugli and other hybrids)
Oranges (Bergamot, bitter orange, chinotto and other hybrids)
Lemons (Citron, lemon, Buddha’s hand (Citrus medica var. sarcodactylis))
Limes
Mandarins (Clementine, tangerine, mineola and other hybrids tangor (Citrus reticulata x sinensis))
Others
(ii)
Tree nuts
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts (Filbert)
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)
Pome fruit
Apples (Crab apple)
Pears (Oriental pear)
Quinces
Medlar
Loquat
Others
(iv)
Stone fruit
Apricots
Cherries (Sweet cherries, sour cherries)
Peaches (Nectarines and similar hybrids)
Plums (Damson, greengage, mirabelle, sloe, red date/Chinese date/Chinese jujube (Ziziphus zizyphus))
Others
(v)
Berries & small fruit
(a)
Table and wine grapes
0,2
Table grapes
Wine grapes
(b)
Strawberries
(c)
Cane fruit
Blackberries
Dewberries (Loganberries, tayberries, boysenberries, cloudberries and other Rubus hybrids)
Raspberries (Wineberries, arctic bramble/raspberry, (Rubus arcticus), nectar raspberries (Rubus arcticus x Rubus idaeus))
Others
(d)
Other small fruit & berries
Blueberries (Bilberries)
Cranberries (Cowberries/red bilberries (V. vitis-idaea))
Currants (red, black and white)
Gooseberries (Including hybrids with other Ribes species)
Rose hips
Mulberries (Arbutus berry)
Azarole (mediteranean medlar) (Kiwiberry (Actinidia arguta))
Elderberries (Black chokeberry/appleberry, mountain ash, buckthorn/sea sallowthorn, hawthorn, serviceberries, and other treeberries)
Others
(vi)
Miscellaneous fruit
(a)
Edible peel
Dates
Figs
Table olives
Kumquats (Marumi kumquats, nagami kumquats, limequats (Citrus aurantifolia x Fortunella spp.))
Carambola (Bilimbi)
Persimmon
Jambolan (java plum) (Java apple/water apple, pomerac, rose apple, Brazilean cherry, Surinam cherry/grumichama (Eugenia uniflora))
Others
(b)
Inedible peel, small
Kiwi
Lychee (Litchi) (Pulasan, rambutan/hairy litchi, longan, mangosteen, langsat, salak)
Passion fruit
Prickly pear (cactus fruit)
Star apple
American persimmon (Virginia kaki) (Black sapote, white sapote, green sapote, canistel/yellow sapote, mammey sapote)
Others
(c)
Inedible peel, large
Avocados
Bananas (Dwarf banana, plantain, apple banana)
Mangoes
Papaya
Pomegranate
Cherimoya (Custard apple, sugar apple/sweetsop, ilama (Annona diversifolia) and other medium sized Annonaceae fruits)
Guava (Red pitaya/dragon fruit (Hylocereus undatus))
Pineapples
Bread fruit (Jackfruit)
Durian
Soursop (guanabana)
Others
2.
VEGETABLES FRESH OR FROZEN
(i)
Root and tuber vegetables
(a)
Potatoes
(b)
Tropical root and tuber vegetables
Cassava (Dasheen, eddoe/Japanese taro, tannia)
Sweet potatoes
Yams (Potato bean/yam bean, Mexican yam bean)
Arrowroot
Others
(c)
Other root and tuber vegetables except sugar beet
Beetroot
Carrots
Celeriac
Horseradish (Angelica roots, lovage roots, gentiana roots)
Jerusalem artichokes (Crosne)
Parsnips
Parsley root
Radishes (Black radish, Japanese radish, small radish and similar varieties, tiger nut (Cyperus esculentus))
Salsify (Scorzonera, Spanish salsify/Spanish oysterplant, edible burdock)
Swedes
Turnips
Others
(ii)
Bulb vegetables
Garlic
Onions (Other bulb onions, silverskin onions)
Shallots
Spring onions and welsh onions (Other green onions and similar varieties)
Others
(iii)
Fruiting vegetables
(a)
Solanacea
Tomatoes (Cherry tomatoes, Physalis spp., gojiberry, wolfberry (Lycium barbarum and L. chinense), tree tomato)
Peppers (Chilli peppers)
Aubergines (egg plants) (Pepino, antroewa/white eggplant (S. macrocarpon))
Okra (lady’s fingers)
Others
(b)
Cucurbits — edible peel
Cucumbers
Gherkins
Courgettes (Summer squash, marrow (patisson), lauki (Lagenaria siceraria), chayote, sopropo/bitter melon, snake gourd, angled luffa/teroi)
Others
(c)
Cucurbits-inedible peel
Melons (Kiwano)
Pumpkins (Winter squash, marrow (late variety))
Watermelons
Others
(d)
Sweet corn (Baby corn)
(e)
Other fruiting vegetables
(iv)
Brassica vegetables
(a)
Flowering brassica
Broccoli (Calabrese, Broccoli raab, Chinese broccoli)
Cauliflower
Others
(b)
Head brassica
Brussels sprouts
Head cabbage (Pointed head cabbage, red cabbage, savoy cabbage, white cabbage)
Others
(c)
Leafy brassica
Chinese cabbage (Indian or Chinese) mustard, pak choi, Chinese flat cabbage/ai goo choi), choi sum, Peking cabbage/pe-tsai)
Kale (Borecole/curly kale, collards, Portuguese Kale, Portuguese cabbage, cow cabbage)
Others
(d)
Kohlrabi
(v)
Leaf vegetables & fresh herbs
(a)
Lettuce and other salad plants including Brassicacea
Lamb’s lettuce (Italian corn salad)
Lettuce (Head lettuce, lollo rosso (cutting lettuce), iceberg lettuce, romaine (cos) lettuce)
Scarole (broad-leaf endive) (Wild chicory, red-leaved chicory, radicchio, curly leaf endive, sugar loaf (C. endivia var. crispum/C. intybus var. foliosum), dandelion greens)
Cress (Mung bean sprouts, alfalfa sprouts)
Land cress
Rocket, Rucola (Wild rocket (Diplotaxis spp.))
Red mustard
Leaves and sprouts of Brassica spp, including turnip greens (Mizuna, leaves of peas and radish and other babyleaf crops, including brassica crops (crops harvested up to 8 true leaf stage), kohlrabi leaves)
Others
(b)
Spinach & similar (leaves)
Spinach (New Zealand spinach, amaranthus spinach (pak-khom, tampara), tajer leaves, bitterblad/bitawiri)
Purslane (Winter purslane/miner’s lettuce, garden purslane, common purslane, sorrel, glassworth, agretti (Salsola soda))
Beet leaves (chard) (Leaves of beetroot)
Others
(c)
Vine leaves (grape leaves) (Malabar nightshade, banana leaves, climbing wattle (Acacia pennata))
(d)
Water cress (Morning glory/Chinese convolvulus/water convolvulus/water spinach/kangkung (Ipomea aquatica), water clover, water mimosa)
(e)
Witloof
(f)
Herbs
Chervil
Chives
Celery leaves (Fennel leaves, coriander leaves, dill leaves, caraway leaves, lovage, angelica, sweet cisely and other Apiacea leaves, culantro/stinking/long coriander/stink weed (Eryngium foetidum))
Parsley (leaves of root parsley)
Sage (Winter savory, summer savory, Borago officinalis leaves)
Rosemary
Thyme (Marjoram, oregano)
Basil (Balm leaves, mint, peppermint, holy basil, sweet basil, hairy basil, edible flowers (marigold flower and others), pennywort, wild betel leaf, curry leaves)
Bay leaves (laurel) (Lemon grass)
Tarragon (Hyssop)
Others
(vi)
Legume vegetables (fresh)
Beans (with pods) (Green bean/French beans/snap beans, scarlet runner bean, slicing bean, yard long beans, guar beans, soya beans)
Beans (without pods) (Broad beans, flageolets, jack bean, lima bean, cowpea)
Peas (with pods) (Mangetout/sugar peas/snow peas)
Peas (without pods) (Garden pea, green pea, chickpea)
Lentils
Others
(vii)
Stem vegetables (fresh)
Asparagus
Cardoons (Borago officinalis stems)
Celery
Fennel
Globe artichokes (Banana flower)
Leek
Rhubarb
Bamboo shoots
Palm hearts
Others
(viii)
Fungi
Cultivated fungi (Common mushroom, oyster mushroom, shiitake, fungus mycelium (vegetative parts))
Wild fungi (Chanterelle, truffle, morel, cep)
Others
(ix)
Sea weeds
3.
PULSES, DRY
Beans (Broad beans, navy beans, flageolets, jack beans, lima beans, field beans, cowpeas)
Lentils
Peas (Chickpeas, field peas, chickling vetch)
Lupins
Others
4.
OILSEEDS AND OILFRUITS
(i)
Oilseeds
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rape seed (Bird rapeseed, turnip rape)
Soya bean
Mustard seed
Cotton seed
Pumpkin seeds (Other seeds of Cucurbitaceae)
Safflower
Borage (Purple viper’s bugloss/Canary flower (Echium plantagineum), Corn Gromwell (Buglossoides arvensis))
Gold of pleasure
Hempseed
Castor bean
Others
(ii)
Oilfruits
Olives for oil production
Palm nuts (palmoil kernels)
Palmfruit
Kapok
Others
5.
CEREALS
Barley
0,03
Buckwheat (Amaranthus, quinoa)
Maize
Millet (Foxtail millet, teff, finger millet, pearl millet)
Oats
0,03
Rice (Indian/wild rice (Zizania aquatica))
Rye
0,01 (7)
Sorghum
Wheat (Spelt, triticale)
0,01 (7)
Others (Canary grass seeds (Phalaris canariensis))
6.
TEA, COFFEE, HERBAL INFUSIONS AND COCOA
(i)
Tea
(ii)
Coffee beans
(iii)
Herbal infusions (dried)
(a)
Flowers
Camomille flowers
Hybiscus flowers
Rose petals
Jasmine flowers (Elderflowers (Sambucus nigra))
Lime (linden)
Others
(b)
Leaves
Strawberry leaves
Rooibos leaves (Ginkgo leaves)
Maté
Others
(c)
Roots
Valerian root
Ginseng root
Others
(d)
Other herbal infusions
(iv)
Cocoabeans (fermented or dried)
(v)
Carob (st johns bread)
7.
HOPS (dried)
8.
SPICES
(i)
Seeds
Anise
Black caraway
Celery seed (Lovage seed)
Coriander seed
Cumin seed
Dill seed
Fennel seed
Fenugreek
Nutmeg
Others
(ii)
Fruits and berries
Allspice
Sichuan pepper (Anise pepper, Japan pepper)
Caraway
Cardamom
Juniper berries
Pepper, black, green and white (Long pepper, pink pepper)
Vanilla pods
Tamarind
Others
(iii)
Bark
Cinnamon (Cassia)
Others
(iv)
Roots or rhizome
Liquorice
Ginger
Turmeric (Curcuma)
Horseradish
Others
(v)
Buds
Cloves
Capers
Others
(vi)
Flower stigma
Saffron
Others
(vii)
Aril
Mace
Others
9.
SUGAR PLANTS
Sugar beet (root)
Sugar cane
Chicory roots
Others
10.
PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS
(i)
Tissue
(a)
Swine
Muscle
Fat
Liver
Kidney
Edible offal
Others
(b)
Bovine
Muscle
Fat
Liver
Kidney
Edible offal
Others
(c)
Sheep
Muscle
Fat
Liver
Kidney
Edible offal
Others
(d)
Goat
Muscle
Fat
Liver
Kidney
Edible offal
Others
(e)
Horses, asses, mules or hinnies
Muscle
Fat
Liver
Kidney
Edible offal
Others
(f)
Poultry -chicken, geese, duck, turkey and Guinea fowl-, ostrich, pigeon
Muscle
Fat
Liver
Kidney
Edible offal
Others
(g)
Other farm animals (Rabbit, kangaroo, deer)
Muscle
Fat
Liver
Kidney
Edible offal
Others
(ii)
Milk
Cattle
Sheep
Goat
Horse
Others
(iii)
Bird eggs
Chicken
Duck
Goose
Quail
Others
(iv)
Honey (Royal jelly, pollen, honey comb with honey (comb honey))
(v)
Amphibians and reptiles (Frog legs, crocodiles)
(vi)
Snails
(vii)
Other terrestrial animal products (Wild game)
(c)
In Part B, the columns for metalaxyl-M and quinoxyfen are replaced by the following:
‘Pesticide residues and maximum residue levels (mg/kg)
Code number
Groups and examples of individual products to which the MRLs apply (8)
Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers))
Quinoxyfen (F)
(1)
(2)
(3)
(4)
Medlar
0,02 (9)
Loquat
0,02 (9)
Rose hips
0,05 (9)
Mulberries (Arbutus berry)
0,05 (9)
Azarole (mediteranean medlar) (Kiwiberry (Actinidia arguta))
0,05 (9)
Elderberries (Black chokeberry/appleberry, mountain ash, buckthorn/sea sallowthorn, hawthorn, serviceberries, and other treeberries)
0,05 (9)
Carambola (Bilimbi)
0,05 (9)
0,02 (9)
Persimmon
0,05 (9)
0,02 (9)
Jambolan (java plum) (Java apple/water apple, pomerac, rose apple, Brazilean cherry, Surinam cherry/grumichama (Eugenia uniflora))
0,05 (9)
0,02 (9)
Prickly pear (cactus fruit)
0,05 (9)
0,02 (9)
Star apple
0,05 (9)
0,02 (9)
American persimmon (Virginia kaki) (Black sapote, white sapote, green sapote, canistel/yellow sapote, mammey sapote)
0,05 (9)
0,02 (9)
Cherimoya (Custard apple, sugar apple/sweetsop, ilama (Annona diversifolia) and other medium sized Annonaceae fruits)
0,05 (9)
0,02 (9)
Guava (Red pitaya/dragon fruit (Hylocereus undatus))
0,05 (9)
0,02 (9)
Bread fruit (Jackfruit)
0,05 (9)
0,02 (9)
Durian
0,05 (9)
0,02 (9)
Soursop (guanabana)
0,05 (9)
0,02 (9)
Arrowroot
0,05 (9)
0,02 (9)
Land cress
0,02 (9)
Red mustard
0,02 (9)
Purslane (Winter purslane/miner’s lettuce, garden purslane, common purslane, sorrel, glassworth, agretti (Salsola soda))
0,02 (9)
(c)
Vine leaves (grape leaves) (Malabar nightshade, banana leaves, climbing wattle (Acacia pennata))
0,05 (9)
0,02 (9)
Sage (Winter savory, summer savory, Borago officinalis leaves)
0,02 (9)
Rosemary
0,02 (9)
Thyme (Marjoram, oregano)
0,02 (9)
Basil (Balm leaves, mint, peppermint, holy basil, sweet basil, hairy basil, edible flowers (marigold flower and others), pennywort, wild betel leaf, curry leaves)
0,02 (9)
Bay leaves (laurel) (Lemon grass)
0,02 (9)
Tarragon (Hyssop)
0,02 (9)
Bamboo shoots
0,05 (9)
0,02 (9)
Palm hearts
0,05 (9)
0,02 (9)
(ix)
Sea weeds
Safflower
0,1 (9)
0,05 (9)
Borage (Purple viper’s bugloss/Canary flower (Echium plantagineum), Corn Gromwell (Buglossoides arvensis))
0,1 (9)
0,05 (9)
Gold of pleasure
0,1 (9)
0,05 (9)
Castor bean
0,1 (9)
0,05 (9)
Palm nuts (palmoil kernels)
0,1 (9)
0,05 (9)
Palmfruit
0,1 (9)
0,05 (9)
Kapok
0,1 (9)
0,05 (9)
(ii)
Coffee beans
0,1 (9)
0,05 (9)
(iii)
Herbal infusions (dried)
0,1 (9)
0,05 (9)
(a)
Flowers
0,1 (9)
0,05 (9)
Camomille flowers
0,1 (9)
0,05 (9)
Hybiscus flowers
0,1 (9)
0,05 (9)
Rose petals
0,1 (9)
0,05 (9)
Jasmine flowers (Elderflowers (Sambucus nigra))
0,1 (9)
0,05 (9)
Lime (linden)
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(b)
Leaves
0,1 (9)
0,05 (9)
Strawberry leaves
0,1 (9)
0,05 (9)
Rooibos leaves (Ginkgo leaves)
0,1 (9)
0,05 (9)
Maté
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(c)
Roots
0,1 (9)
0,05 (9)
Valerian root
0,1 (9)
0,05 (9)
Ginseng root
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(d)
Other herbal infusions
0,1 (9)
0,05 (9)
(iv)
Cocoabeans (fermented or dried)
0,1 (9)
0,05 (9)
(v)
Carob (st johns bread)
0,1 (9)
0,05 (9)
8.
SPICES
(i)
Seeds
0,1 (9)
0,05 (9)
Anise
0,1 (9)
0,05 (9)
Black caraway
0,1 (9)
0,05 (9)
Celery seed (Lovage seed)
0,1 (9)
0,05 (9)
Coriander seed
0,1 (9)
0,05 (9)
Cumin seed
0,1 (9)
0,05 (9)
Dill seed
0,1 (9)
0,05 (9)
Fennel seed
0,1 (9)
0,05 (9)
Fenugreek
0,1 (9)
0,05 (9)
Nutmeg
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(ii)
Fruits and berries
0,1 (9)
0,05 (9)
Allspice
0,1 (9)
0,05 (9)
Sichuan pepper (Anise pepper, Japan pepper)
0,1 (9)
0,05 (9)
Caraway
0,1 (9)
0,05 (9)
Cardamom
0,1 (9)
0,05 (9)
Juniper berries
0,1 (9)
0,05 (9)
Pepper, black, green and white (Long pepper, pink pepper)
0,1 (9)
0,05 (9)
Vanilla pods
0,1 (9)
0,05 (9)
Tamarind
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(iii)
Bark
0,1 (9)
0,05 (9)
Cinnamon (Cassia)
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(iv)
Roots or rhizome
Liquorice
0,1 (9)
0,05 (9)
Ginger
0,1 (9)
0,05 (9)
Turmeric (Curcuma)
0,1 (9)
0,05 (9)
Horseradish
(+)
(+)
Others
0,1 (9)
0,05 (9)
(v)
Buds
0,1 (9)
0,05 (9)
Cloves
0,1 (9)
0,05 (9)
Capers
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(vi)
Flower stigma
0,1 (9)
0,05 (9)
Saffron
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
(vii)
Aril
0,1 (9)
0,05 (9)
Mace
0,1 (9)
0,05 (9)
Others
0,1 (9)
0,05 (9)
9.
SUGAR PLANTS
0,02 (9)
Sugar beet (root)
0,1
0,02 (9)
Sugar cane
0,05 (9)
0,02 (9)
Chicory roots
0,05 (9)
0,02 (9)
Others
0,05 (9)
0,02 (9)
(e)
Horses, asses, mules or hinnies
0,05 (9)
0,2
Muscle
0,05 (9)
0,2
Fat
0,05 (9)
0,2
Liver
0,05 (9)
0,2
Kidney
0,05 (9)
0,2
Edible offal
0,05 (9)
0,2
Others
0,05 (9)
0,2
(g)
Other farm animals (Rabbit, kangaroo, deer)
0,05 (9)
0,2
Muscle
0,05 (9)
0,2
Fat
0,05 (9)
0,2
Liver
0,05 (9)
0,2
Kidney
0,05 (9)
0,2
Edible offal
0,05 (9)
0,2
Others
0,05 (9)
0,2
Duck
0,05 (9)
0,02 (9)
Goose
0,05 (9)
0,02 (9)
Quail
0,05 (9)
0,02 (9)
Others
0,05 (9)
0,02 (9)
(iv)
Honey (Royal jelly, pollen, honey comb with honey (comb honey))
0,05 (9)
0,05 (9)
(v)
Amphibians and reptiles (Frog legs, crocodiles)
0,05 (9)
0,02 (9)
(vi)
Snails
0,05 (9)
0,02 (9)
(vii)
Other terrestrial animal products (Wild game)
0,05 (9)
0,02 (9)
(F)= Fat soluble
Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers))
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Quinoxyfen (F)
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish’
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(2) Indicates lower limit of analytical determination
(3) Pesticide-code combination for which the MRL as set in Annex III Part B applies.
(F)= Fat soluble’
(4) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(5) Indicates lower limit of analytical determination
Aminopyralid
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Chlorantraniliprole (DPX E-2Y45) (F)
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Cyflufenamid: sum of cyflufenamid (Z-isomer) and its E-isomer
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Mepiquat
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Propamocarb (Sum of propamocarb and its salt expressed as propamocarb)
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish’
(6) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(7) Indicates lower limit of analytical determination’
(8) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(9) Indicates lower limit of analytical determination
(F)= Fat soluble
Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers))
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish
Quinoxyfen (F)
(+)
The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.
Horseradish’ |
21.1.2014
EN
Official Journal of the European Union
L 16/41
COMMISSION IMPLEMENTING DECISION
of 17 January 2014
on a Union financial aid for the year 2014 to European Union reference laboratories
(notified under document C(2014) 104)
(Only the Danish, Dutch, English, French, German, Italian, Spanish and Swedish texts are authentic)
(2014/27/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 31(2) thereof,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2), and in particular Article 32(7) thereof,
Whereas:
(1)
In accordance with Article 84 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (3) (‘the Financial Regulation’) and Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 (4) (hereinafter referred to as ‘the Rules of Application’), the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure from the budget and adopted by the institution or the authorities to which powers have been delegated by the Institution.
(2)
The Commission services have assessed and approved the work programmes and corresponding budget estimates submitted in 2013 by the EU reference laboratories for the year 2014.
(3)
Accordingly, a Union financial aid should be granted to the EU reference laboratories designated in order to co-finance their activities which consist of carrying out the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004. The Union’s financial aid should be at the rate of 100 % of eligible costs within the limit of the amount of the EU financial aid granted in the present Decision.
(4)
Commission Implementing Regulation (EU) No 135/2013 (5) lays down eligibility rules for the workshops organised by the EU reference laboratories. It also limits the financial aid to a maximum of 32 participants, 3 invited speakers and 10 representatives of third countries in workshops. Derogations to that limitation should be provided for some European Union reference laboratories that need support for attendance by more than 32 participants in order to achieve the best outcome of their workshops. Derogations can be obtained in particular in case an EU reference laboratory takes the leadership and responsibility when organising a workshop with another European Union reference laboratory.
(5)
For the six EU reference laboratories designated within the Joint Research Centre, the relationship is laid down in an annual administrative arrangement supported by a work programme and its budget as the Joint Research Centre and the Directorate-General for Health and Consumers are both services of the Commission.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Union grants financial aid to the Laboratoire de sécurité des aliments (LSA), de L’Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail (ANSES), Maisons-Alfort, France, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
for the analysis and testing of milk and milk products, that financial aid shall not exceed EUR 360 000;
(b)
for the analysis and testing of Listeria monocytogenes, that financial aid shall not exceed EUR 413 000;
(c)
for the analysis and testing of Coagulase positive Staphylococci, including Staphylococcus aureus, that financial aid shall not exceed EUR 359 000.
Article 2
The Union grants financial aid to the Rijksinstituut voor Volksgezondheid en Milieu (RIVM), Bilthoven, the Netherlands, for the analysis and testing of zoonoses (salmonella).
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 497 000.
Article 3
The Union grants financial aid to the Laboratorio de Biotoxinas Marinas, Agencia Española de Seguridad Alimentaria y Nutrición (Ministerio de Sanidad y Política Social), Vigo, Spain, for the monitoring of marine biotoxins.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 330 000.
Article 4
The Union grants financial aid to the Laboratory of the Centre for Environment, Fisheries and Aquaculture Science (CEFAS), Weymouth, United Kingdom, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
for the monitoring of viral and bacteriological contamination of bivalve molluscs, that financial aid shall not exceed EUR 344 000;
(b)
for crustacean diseases, that financial aid shall not exceed EUR 160 000.
Article 5
The Union grants financial aid to the Istituto Superiore di Sanità (ISS), Rome, Italy, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
for the analysis and testing of Escherichia Coli, including Verotoxigenic E. Coli (VTEC), that financial aid shall not exceed EUR 344 000;
(b)
for the analysis and testing of parasites (in particular Trichinella, Echinococcus and Anisakis), that financial aid shall not exceed EUR 377 000;
(c)
for residues of certain substances referred to in point 12(d) of Section I of Annex VII to Regulation (EC) No 882/2004, that financial aid shall not exceed EUR 330 000.
Article 6
The Union grants financial aid to the Statens Veterinärmedicinska Anstalt (SVA), Uppsala, Sweden, for the monitoring of Campylobacter.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 423 000.
Article 7
The Union grants financial aid to the Fødevareinstituttet, Danmarks Tekniske Universitet (DTU), Copenhagen, Denmark, for the monitoring of antimicrobial resistance.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 517 000.
Article 8
The Union grants financial aid to the Animal Health and Veterinary Laboratories Agency (ex-VLA), Addlestone, United Kingdom, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
for the monitoring of transmissible spongiform encephalopathies, that financial aid shall not exceed EUR 317 000;
(b)
by way of derogation to Article 10 of Commission Implementing Regulation (EU) No 926/2011 (6) as amended by Implementing Regulation (EU) No 135/2013 and, as regards the workshop related to the above activity, the European Union reference laboratory shall be entitled to claim financial aid for attendance by more than 32 participants;
(c)
for Newcastle disease, that financial aid shall not exceed EUR 113 000;
(d)
for avian influenza, that financial aid shal not exceed EUR 403 000.
Article 9
The Union grants financial aid to the Centre Wallon de Recherches agronomiques (CRA-W), Gembloux, Belgium, for the analysis and testing of animal proteins in feedingstuffs.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 599 000.
Article 10
The Union grants financial aid to the Laboratoire de Fougères, de L’Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail (ANSES), Fougères, France, for residues of certain substances referred to in point 12(b) of Section I of Annex VII to Regulation (EC) No 882/2004.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 512 000.
Article 11
The Union grants financial aid to the Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL), Berlin, Germany, for residues of certain substances referred to in point 12(c) of Section I of Annex VII to Regulation (EC) No 882/2004.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 512 000.
Article 12
The Union grants financial aid to RIKILT – Institute for Food Safety, part of Wageningen University & Research Centre, Wageningen, the Netherlands, for residues of certain substances referred to in point 12(a) of Section I of Annex VII to Regulation (EC) No 882/2004.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 512 000.
Article 13
The Union grants financial aid to the Chemisches und Veterinäruntersuchungsamt (CVUA), Freiburg, Germany for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
for the analysis and testing of residues of pesticides in food of animal origin and commodities with high fat content, that financial aid shall not exceed EUR 244 000;
(b)
for the analysis and testing of dioxins and PCBs in feed and food, that financial aid shall not exceed EUR 510 000.
Article 14
The Union grants financial aid to the Fødevareinstituttet, Danmarks Tekniske Universitet (DTU), Søborg, Denmark, for the analysis and testing of residues of pesticides in cereals and feedingstuffs.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 257 000.
Article 15
The Union grants financial aid to the Laboratorio Agrario de la Generalitat Valenciana (LAGV)/Grupo de Residuos de Plaguicidas de la Universidad de Almería (PRRG), Almeria, Spain for the analysis and testing of residues of pesticides in fruits and vegetables, including commodities with high water and high acid content.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 440 000.
Article 16
The Union grants financial aid to the Chemisches und Veterinäruntersuchungsamt (CVUA), Stuttgart, Germany, for the analysis and testing of residues of pesticides by single residue methods.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 428 000.
Article 17
The Union grants financial aid to the Laboratorio Central de Veterinaria (LCV) de Algete, Ministerio de Agricultura, PESCA y Alimentación, Algete (Madrid), Spain, for African horse sickness.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 110 000.
Article 18
The Union grants financial aid to the Pirbright Institute (former AFRC Institute for Animal Health), Pirbright, United Kingdom, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
for swine vesicular disease, that financial aid shall not exceed EUR 61 000;
(b)
for bluetongue, that financial shall not exceed EUR 266 000;
(c)
for foot-and-mouth disease, that financial shall not exceed EUR 396 000.
Article 19
The Union grants financial aid to the Technical University of Denmark, National Veterinary Institute, Department of Poultry, Fish and Fur Animals, Aarhus, Denmark, for fish diseases.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 350 000.
Article 20
The Union grants financial aid to the IFREMER, La Tremblade, France, for diseases of bivalve molluscs.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 200 000.
Article 21
The Union grants financial aid to the Institut für Virologie der Tierärztlichen Hochschule Hannover, Hannover, Germany, for classical swine fever.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 388 000.
Article 22
The Union grants financial aid to the Centro de Investigación en Sanidad Animal, Valdeolmos (Madrid), Spain, for African swine fever.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 317 000.
Article 23
The Union grants financial aid to the INTERBULL Centre, Department of Animal Breeding and Genetics — SLU, Swedish University of Agricultural Sciences, Uppsala, Sweden, for collaborating in rendering uniform the testing methods and the assessment of the results for pure-bred breeding animals of the bovine species.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 150 000.
Article 24
The Union grants financial aid to the ANSES, Laboratoire de santé animale, Maisons-Alfort, France, for brucellosis.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 299 000.
Article 25
The Union grants financial aid to the ANSES, Laboratoire de santé animale, Maisons- Alfort/Laboratoire de pathologie équine, Dozulé, Maisons-Alfort, France, for equine diseases other than African Horse Sickness.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 559 000.
Article 26
The Union grants financial aid to the ANSES, Laboratoire de la rage et de la faune sauvage, Malzéville, France, for rabies.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 282 000.
Article 27
The Union grants financial aid to the Centro de Vigilancia Sanitaria Veterinaria (VISAVET), Universidad Complutense de Madrid, Madrid, Spain, for tuberculosis.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 260 000.
Article 28
The Union grants financial aid to the ANSES, Laboratoire de Sophia-Antipolis, Sophia-Antipolis, France, for bee health.
For the period from 1 January 2014 to 31 December 2014, that financial aid shall not exceed EUR 422 000.
Article 29
The Union grants financial aid to the Joint Research Centre of the European Commission, Geel, Belgium, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
the activities related to heavy metals in feed and food; that financial aid shall not exceed EUR 239 000;
(b)
the activities related to Mycotoxins; that financial aid shall not exceed EUR 271 000;
(c)
the activities related to Polycyclic Aromatic Hydrocarbons (PAH); that financial aid shall not exceed EUR 269 000;
(d)
the activities related to additives for use in animal nutrition; that financial aid shall not exceed EUR 71 000.
Article 30
The Union grants financial aid to the Joint Research Centre of the European Commission, Ispra, Italy, for the following activities regarding the period from 1 January 2014 to 31 December 2014:
(a)
the activities related to Materials and Articles in contact with foodstuffs; that financial aid shall not exceed EUR 380 000;
(b)
the activities related to GMOs; that financial aid shall not exceed EUR 410 000.
Article 31
The Union’s financial aid referred to in Articles 1 to 30 shall be at the rate of 100 % of eligible costs within the limit of the amount of the EU financial aid granted in the present Decision.
Article 32
This Decision constitutes a financing decision in the meaning of Article 84 of the Financial Regulation.
Article 33
This Decision is addressed to the laboratories listed in the Annex.
Done at Brussels, 17 January 2014.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 155, 18.6.2009, p. 30.
(2) OJ L 165, 30.4.2004, p. 1.
(3) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(4) Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).
(5) Commission Implementing Regulation (EU) No 135/2013 of 18 February 2013 amending Implementing Regulation (EU) No 926/2011 for the purposes of Council Decision 2009/470/EC as regards Union financial aid to the EU reference laboratories for feed and food and the animal health sector (OJ L 46, 19.2.2013, p. 8).
(6) Commission Implementing Regulation (EU) No 926/2011 of 12 September 2011 for the purposes of Council Decision 2009/470/EC as regards Union financial aid to the EU reference laboratories for feed and food and the animal health sector (OJ L 241, 17.9.2011, p. 2).
ANNEX
—
Laboratoire de sécurité des aliments (LSA), de L'Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail (ANSES), 23 avenue du Général de Gaulle, 94700 Maisons-Alfort, France,
—
Rijksinstituut voor Volksgezondheid en Milieu (RIVM), Anthony van Leeuwenhoeklaan 9, Postbus 1, 3720 BA Bilthoven, The Netherlands,
—
Laboratorio de Biotoxinas Marinas, Agencia Española de Seguridad Alimentaria y Nutrición (Ministerio de Sanidad y Política Social), Estación Marítima, s/n, 36200 Vigo, Spain,
—
Laboratory of the Centre for Environment, Fisheries and Aquaculture Science (CEFAS), Weymouth laboratory, Barrack Road, The Nothe, Weymouth DT4 8UB, United Kingdom,
—
Istituto Superiore di Sanità (ISS), Viale Regina Elena 299, 00161 Rome, Italy,
—
Statens Veterinärmedicinska Anstalt (SVA), Ulls väg 2 B, SE-751 89 Uppsala, Sweden,
—
Fødevareinstituttet, Danmarks Tekniske Universitet (DTU), Bülowsvej 27, 1790 Copenhagen, Denmark,
—
Animal Health and Veterinary Laboratories Agency (ex-VLA), Weybridge, New Haw, Addelstone KT15 3NB, United Kingdom,
—
Centre Wallon de Recherches agronomiques (CRA-W), Chaussée de Namur 24, 5030 Gembloux, Belgium,
—
Laboratoire de Fougères, de L’Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail (ANSES), 10B rue Claude Bourgelat, Javené, CS40608, 35306 Fougères, France,
—
Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL), Mauerstraβe 39-42, 10117 Berlin, Germany,
—
RIKILT – Institute for Food Safety, part of Wageningen University & Research Centre, Akkermaalsbos 2, Building No 123, 6708 WB Wageningen, the Netherlands,
—
Chemisches und Veterinäruntersuchungsamt (CVUA), Postfach 100462, Bissierstraβe 5, 79114 Freiburg, Germany,
—
Fødevareinstituttet, Danmarks Tekniske Universitet (DTU), Mørkhøj Bygade 19, 2860 Søborg, Denmark,
—
Laboratorio Agrario de la Generalitat Valenciana (LAGV)/Grupo de Residuos de Plaguicidas de la Universidad de Almería (PRRG), Ctra. Sacramento s/n, La Cañada de San Urbano, 04120 Almería, Spain,
—
Chemisches und Veterinäruntersuchungsamt (CVUA), Schaflandstraβe 3/2, 70736 Stuttgart, Germany,
—
Laboratorio Central de Veterinaria (LCV) de Algete, Ministerio de Agricultura, Pesca y Alimentación, Ctra. M-106, km 1,4, 28110 Algete (Madrid), Spain,
—
The Pirbright Institute (former AFRC Institute for Animal Health), Pirbright Laboratory, Woking, Pirbright GU24 ONF, United Kingdom,
—
The Technical University of Denmark, National Veterinary Institute, Department of Poultry, Fish and Fur Animals, Hangøvej 2, 8200 Aarhus, Denmark,
—
IFREMER, Avenue Mus de Loup, Ronce les Bains, 17390 La Tremblade, France,
—
Institut für Virologie der Tierärztlichen Hochschule Hannover, Bischofsholer Damm 15, 30173 Hannover, Germany,
—
Centro de Investigación en Sanidad Animal, Ctra. De Algete a El Casar, 28130 Valdeolmos, Spain,
—
INTERBULL Centre, Department of Animal Breeding and Genetics - SLU, Swedish University of Agricultural Sciences, Undervisningsplan E1-27, SE-750 07 Uppsala, Sweden,
—
ANSES, Laboratoire de santé animale, 23 avenue du Général de Gaulle, 94706 Maisons-Alfort, France,
—
ANSES, Laboratoire de santé animale, Maisons-Alfort/Laboratoire de pathologie équine, Dozulé, 23 avenue du Général de Gaulle, 94706 Maisons-Alfort, France,
—
ANSES, Laboratoire de la rage et de la faune sauvage, Domaine de Pixérécourt, 54220 Malzéville, France,
—
Centro de Vigilancia Sanitaria Veterinaria (VISAVET), Universidad Complutense de Madrid, Avda. Puerta de Hierro s/n, Ciudad Universitaria, 28040 Madrid, Spain,
—
ANSES, Laboratoire de Sophia-Antipolis, 105 Route des Chappes, les Templiers, 06902 Sophia-Antipolis, France,
—
Joint Research Centre of the European Commission, Retieseweg 111, 2440 Geel, Belgium,
—
Joint Research Centre of the European Commission, Via E. Fermi 2749, 21027 Ispra, Italy. |
24.4.2014
EN
Official Journal of the European Union
L 121/58
COUNCIL DECISION
of 14 April 2014
appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
(2014/225/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Dutch Government,
Whereas:
(1)
On 22 December 2009 and on 18 January 2010, the Council adopted Decision 2009/1014/EU (1) and Decision 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.
(2)
A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr P.G. de VEY MESTDAGH. An alternate member's seat has become vacant following the end of the term of office of Ms S.A.E. POEPJES,
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:
(a)
as member:
Mr Bote WILPSTRA, member of the Executive Council of the Province of Groningen;
and
(b)
as alternate member:
Mr Hans KONST, member of the Executive Council of the Province of Fryslân.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 14 April 2014.
For the Council
The President
A. TSAFTARIS
(1) OJ L 348, 29.12.2009, p. 22.
(2) OJ L 12, 19.1.2010, p. 11. |
19.9.2014
EN
Official Journal of the European Union
L 277/1
COMMISSION IMPLEMENTING REGULATION (EU) No 983/2014
of 18 September 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
MK
52,3
TR
84,0
XS
82,8
ZZ
73,0
0707 00 05
MK
34,4
TR
107,9
ZZ
71,2
0709 93 10
TR
120,2
ZZ
120,2
0805 50 10
AR
136,1
CL
173,6
IL
155,5
UY
112,2
ZA
140,8
ZZ
143,6
0806 10 10
AR
128,7
BR
172,3
EG
160,1
MK
33,9
TR
115,2
ZZ
122,0
0808 10 80
AR
262,7
BA
49,3
BR
65,7
CL
146,3
NZ
124,8
US
129,4
ZA
125,8
ZZ
129,1
0808 30 90
AR
217,1
CL
231,7
CN
109,8
TR
123,9
ZZ
170,6
0809 30
TR
126,8
ZZ
126,8
0809 40 05
MK
20,2
ZZ
20,2
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
8.2.2014
EN
Official Journal of the European Union
L 39/46
COMMISSION IMPLEMENTING REGULATION (EU) No 120/2014
of 7 February 2014
amending Regulation (EC) No 1981/2006 on detailed rules for the implementation of Article 32 of Regulation (EC) No 1829/2003 of the European Parliament and the Council as regards the Community reference laboratory for genetically modified organisms
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Article 32, second subparagraph and fifth subparagraph, thereof,
Whereas:
(1)
Detailed rules for implementing Article 32 of Regulation (EC) No 1829/2003 were set out by Commission Regulation (EC) No 1981/2006 (2), as amended by Implementing Regulation (EU) No 503/2013 (3). It is necessary to update those rules, in particular regarding the financial contributions of applicants, in order to take into account changes in the costs incurred when testing and validating methods for detection, and changes in the allocation of tasks in the Member States.
(2)
The Regulation should also take into account the growing number of GMOs containing stacked transformation events with an increasing combination of single transformation events.
(3)
It is necessary to update the list of designated national reference laboratories to assist the Community Reference Laboratory referred to in in the first paragraph of Article 32 of Regulation (EC) No 1829/2003 (CRL) for testing and validation of detection methods in order to take account of changes of designation of national reference laboratories by Member States and to include those in the Member States which recently joined the Union.
(4)
Transitional measures should be laid down to allow applicants who have received the acknowledgement of the application for an authorisation by the national competent authority according to Regulation (EC) No 1829/2003 before the entry into force of this Regulation to pay the financial contributions according to Regulation (EC) No 1981/2006.
(5)
Due consideration should be given to public research institutions established in the EU applying for GMO authorisations related to projects mainly financed by the public sector, and a reduction of the amount of the financial contribution should therefore be foreseen in such cases.
(6)
Regulation (EC) No 1981/2006 should therefore be amended accordingly.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1981/2006 is amended as follows:
(1)
In Article 2, point (a) is replaced by the following:
‘(a)
“full validation procedure” means:
(i)
the assessment, through a ring trial according to international standards, involving national reference laboratories of the method performance criteria set by the applicant as compliant with the document entitled “Definition of minimum performance requirements for analytical methods of GMO testing” (4) referred to:
—
in the case of genetically modified plants for food or feed uses, food or feed containing or consisting of genetically modified plants and food produced from or containing ingredients produced from genetically modified plants or feed produced from genetically modified plants, in point 3.1.C.4. of Annex III to Commission Implementing Regulation (EU) No 503/2013 (5);
—
in all other cases, in point 1(B) of Annex I to Regulation (EC) No 641/2004;
and
(ii)
the assessment of the precision and trueness of the method provided by the applicant.
(4) http://gmo-crl.jrc.ec.europa.eu/doc/Min_Perf_Requirements_Analytical_methods.pdf, CRL and European Network of GMO laboratories, 13 October 2008."
(5) OJ L 157, 8.6.2013, p. 1.’"
(2)
In Article 2, the following definitions are added:
‘(e)
“GMO containing a single transformation event” means a GMO that has been obtained through a single transformation process;
(f)
“GMO containing stacked transformation events” means a GMO containing more than one single transformation event obtained by conventional crossing, co-transformation or re-transformation.’
(3)
Article 3 is replaced by the following:
‘Article 3
Contributions
1. For each application for a GMO containing a single transformation event, a flat-rate contribution of EUR 40 000 shall be paid by the applicant to the CRL.
2. The CRL shall request the applicant to pay an additional contribution of EUR 65 000 where a full validation procedure of a method of detection and identification for a GMO containing a single transformation event is required in accordance with the following provisions:
(a)
Annex III to Implementing Regulation (EU) No 503/2013, when the application is related to:
(i)
genetically modified plants for food or feed uses;
(ii)
food or feed containing or consisting of genetically modified plants;
(iii)
food produced from or containing ingredients produced from genetically modified plants or feed produced from such plants; or
(b)
Annex I of Regulation (EC) No 641/2004 in all other cases.
3. For each application for a GMO containing stacked transformation events, where the method of detection and identification of each single transformation event that constitutes the GMO has been validated by the CRL or where the validation is pending, the flat-rate contribution depends on the number (N) of single transformation events that constitute the GMO and shall be calculated as EUR 20 000 + (N × EUR 5 000). Only the GMO containing stacked transformation events with the highest number of single transformation events is to be considered in this calculation.
4. For each application for a GMO containing stacked transformation events that consists of one or more single transformation event(s) for which the method of detection and identification has not been validated by the CRL or for which no validation is pending, the contribution shall be calculated as follows: Article 3(1) and 3 (2) shall apply to single transformation event(s) for which no validated method exists and Article 3(3) shall apply to the GMO containing stacked transformation events, N corresponding to the number of single transformation events composing the GMO for which a validated method exists.
5. The CRL shall reduce the amount of the additional contribution referred to in paragraph 2, in proportion of the costs saved:
(a)
where the material needed to perform the full validation procedure is supplied by the applicant; and/or
(b)
where the applicant provides data that refers to modules, such as DNA extraction protocols and species specific reference systems, already validated and published by the CRL.
6. Where the costs of the validation of the method of detection and identification proposed by the applicant exceed by at least 50 % the amount of the financial contributions mentioned under paragraphs 1, 2 and 3, a further contribution shall be requested. The further contribution shall cover 50 % of the part of the costs exceeding the amount of the contributions referred to in paragraphs 1, 2 and 3.
7. The contributions provided for in paragraphs 1 to 6 remain due in case of withdrawal of the application, without prejudice to Article 5(3)’.
(4)
Article 4 is amended as follows:
(a)
Paragraph 1 is replaced by the following:
‘1. Where the applicant is a SME, has its head office established in a developing country, or is a public research institution established in the EU whose application relates to a project financed mainly by the public sector, the financial contributions referred to in Article 3(1) to (4) shall be reduced by 50 %’.
(b)
Paragraph 3 is replaced by the following:
‘3. Article 3(6) shall not apply to applicants referred to in Article 4(1).’
(5)
Article 5 is amended as follows:
(a)
Paragraphs 1, 2 and 3 are replaced by the following:
‘1. The applicant shall provide evidence that the contribution referred to in Article 3(1), 3(3) and/or 3(4) has been paid to the CRL when it submits the samples of the food and feed and their control samples to the CRL in accordance with Articles 5(3)(j) or Article 17(3)(j) of Regulation (EC) No 1829/2003.
2. Where, as provided for in Article 3(2), a full validation procedure is required, the CRL shall notify the applicant in writing of this fact and require the payment of the amount in accordance with that provision, prior to starting step 4 (collaborative trial) of its validation process.
3. Where, as provided for in Article 3(6), the CRL expects the costs of the validation of the detection method proposed by the applicant to exceed by at least 50 % the amount of the financial contributions referred to in Article 3(1) to (4), it shall notify the applicant in writing of the estimated amount of the further costs.
If, within one month of the date of receipt of the notification, the applicant withdraws its application, the further contribution referred to in Article 3(6) shall not be due.
After completion of the validation of the detection method, the CRL shall notify the applicant in writing the actual and duly justified costs incurred in carrying out the validation of the method of detection and require payment of the contribution due in accordance with Article 3(6).’
(b)
Paragraph 5 is deleted.
(c)
The first subparagraph of paragraph 7 is replaced by the following:
‘The contributions provided for in paragraph 2 and 3 shall be payable by the applicant within 45 days of the date of reception of the notification. Step 4 (collaborative trial) of the validation process shall not be started before those contributions are received’.
(6)
In Article 6, paragraph 2 is replaced by the following paragraphs 2 and 3:
‘2. The national reference laboratories listed in Annex II shall be selected randomly for participation in an international collaborative validation trial and shall receive 2 400 EUR from the CRL as a contribution to the costs for their participation. In case of Article 4(1) this amount shall be proportionally reduced.
3. The CRL and those national reference laboratories listed in Annex II that participate in a validation study shall enter into a written agreement to define the relations between them, notably in financial matters.’
(7)
In Annex I, point (a) is replaced by the following:
‘(a)
be accredited according to EN ISO/IEC 17025 on “General requirements for the competence of testing and calibration laboratories”, or an equivalent international standard which ensures that the laboratories:
—
have suitably qualified staff with adequate training in analytical methods used for the detection and identification of GMOs and GM food and feed,
—
possess the equipment needed to carry out the required analysis,
—
have an adequate administrative infrastructure,
—
have sufficient data-processing capacity to produce technical reports and to enable rapid communication with the other laboratories participating in the testing and validation of detection methods;
Laboratories listed in Annex II to this Regulation which are not yet accredited are admitted until 31 December 2014 if the laboratory declares to be in the process of accreditation and provides proof of technical competences to the CRL’.
(8)
Annex II is replaced by the Annex to this Regulation.
Article 2
Transitional measures
Articles 3 to 5 of Regulation (EC) No 1981/2006 on financial contributions shall continue to apply to applicants who have received the acknowledgement of the application for an authorisation by the national competent authority according to Regulation (EC) No 1829/2003 before the entry into force of this Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 7 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 1.
(2) OJ L 368, 23.12.2006, p. 99.
(3) OJ L 157, 8.6.2013, p. 1.
ANNEX
‘ANNEX II
National reference laboratories assisting the CRL for testing and validation of methods for detection, as referred to in Article 6(1)
Belgique/België
—
Centre wallon de Recherches agronomiques (CRA-W),
—
Institut Scientifique de Santé Publique (ISP) — Wetenschappelijk Instituut Volksgezondheid (WIV),
—
Instituut voor Landbouw- en Visserijonderzoek (ILVO);
Bulgaria
—
Национален цeнтър по обществено здраве и анaлизи (НЦОЗА), София, Сектор ГМО;
Česká republika
—
Výzkumný ústav rostlinné výroby, v.v.i. (VÚRV), Praha;
Danmark
—
Danmarks Tekniske Universitet, DTU Fødevareinstituttet, Afdeling for Toksikologi og Risikovurdering (1),
—
Ministeriet for Fødevarer, Landbrug og Fiskeri, Fødevarestyrelsen, Sektion for Plantediagnostik, Ringsted;
Deutschland
—
Chemisches und Veterinäruntersuchungsamt (CVUA) Freiburg,
—
Landwirtschaftliches Technologiezentrum Augustenberg (LTZ),
—
Bayerisches Landesamt für Gesundheit und Lebensmittelsicherheit (LGL),
—
Landeslabor Berlin-Brandenburg, Berlin,
—
Landeslabor Berlin-Brandenburg, Frankfurt/Oder,
—
Institut für Hygiene und Umwelt der Hansestadt Hamburg,
—
Landesbetrieb Hessisches Landeslabor — Standort Kassel,
—
Landesamt für Landwirtschaft, Lebensmittelsicherheit und Fischerei (LALLF) Mecklenburg-Vorpommern,
—
Niedersächsisches Landesamt für Verbraucherschutz und Lebensmittelsicherheit (LAVES) — Lebensmittel- und Veterinärinstitut Braunschweig/Hannover,
—
Landesuntersuchungsamt Rheinland-Pfalz — Institut für Lebensmittelchemie Trier,
—
Landwirtschaftliche Untersuchungs- und Forschungsanstalt (LUFA) Speyer,
—
Landesamt für Verbraucherschutz — Abteilung D Veterinärmedizinische, mikro- und molekularbiologische Untersuchungen, Saarland,
—
Staatliche Betriebsgesellschaft für Umwelt und Landwirtschaft, Geschäftsbereich Labore Landwirtschaft, Sachsen,
—
Landesuntersuchungsanstalt für das Gesundheits- und Veterinärwesen Sachsen (LUA),
—
Landesamt für Verbraucherschutz Sachsen-Anhalt — Fachbereich Lebensmittelsicherheit,
—
Landeslabor Schleswig-Holstein,
—
Thüringer Landesamt für Verbraucherschutz (TLV),
—
Bundesinstitut für Risikobewertung (BfR),
—
Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL);
Eesti
—
Tallinna Tehnikaülikooli (TTÜ) geenitehnoloogia instituut, DNA analüüsi labor;
Éire
—
Food and Environment Research Agency (FERA) Sand Hutton, York;
Elláda
—
Ελληνικός Γεωργικός Οργανισμός “ΔΗΜΗΤΡΑ”, Γενική Διεύθυνση Αγροτικής Έρευνας, Ινστιτούτο Τεχνολογίας Γεωργικών Προϊόντων, Εργαστήριο Γενετικής Ταυτοποίησης, Αθήνα,
—
Υπουργείο Οικονομικών, Γενική Γραμματεία Δημοσίων Εσόδων, Γενική Διεύθυνση Γενικού Χημείου του Κράτους (ΓΧΚ), Διεύθυνση Τροφίμων; Αθήνα;
España
—
Centro Nacional de Alimentación, Agencia Española de Seguridad Alimentaria y Nutrición (CNA-AESAN),
—
Laboratorio Arbitral Agroalimentario del Ministerio de Agricultura, Alimentación y Medio Ambiente (LAA-MAGRAMA);
France
—
Groupement d’Intérêt Public — Groupe d’Etude et de contrôle des Variétés et des Semences (GIP-GEVES),
—
Laboratoire du Service Commun des Laboratoires (SCL) d’Illkirch-Graffenstaden,
—
Laboratoire de la Santé des Végétaux (ANSES), Angers;
Hrvatska
—
Odsjek za kvantifikaciju GMO i procjenu rizika, Hrvatski zavod za javno zdravstvo;
Italia
—
Centro di Ricerca per la Sperimentazione in Agricoltura, Centro di Sperimentazione e Certificazione delle Sementi (CRA-SCS), Sede di Tavazzano — Laboratorio,
—
Istituto Superiore di Sanità, Dipartimento di Sanità Pubblica Veterinaria e Scurezza Alimentare — Reparto OGM e xenobiotici di origine fungina (ISS-DSPVSA),
—
Istituto Zooprofilattico Sperimentale delle Regioni Lazio e Toscana, Centro di Referenza Nazionale per la Ricerca di OGM (CROGM);
Kypros
—
Γενικό Χημείο του Κράτους (ΓΧΚ);
Latvija
—
Pārtikas drošības, dzīvnieku veselības un vides zinātniskais institūts “BIOR”;
Lietuva
—
Nacionalinio maisto ir veterinarijos rizikos vertinimo instituto Molekulinės biologijos ir Genetiškai modifikuotų organizmų tyrimų skyrius;
Luxembourg
—
Laboratoire National de Santé (LNS), Division du contrôle des denrées alimentaires;
Magyarország
—
Nemzeti Élelmiszerlánc-biztonsági Hivatal (NÉBIH);
Malta
—
LGC Limited UK;
Nederland
—
RIKILT — Wageningen UR,
—
Nederlandse Voedsel en Waren Autoriteit (NVWA);
Österreich
—
Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH — Institut für Lebensmittelsicherheit Wien, Abteilung für Molekular- und Mikrobiologie (AGES — MOMI),
—
Umweltbundesamt GmbH;
Polska
—
Instytut Hodowli i Aklimatyzacji Roślin (IHAR); Laboratorium Kontroli Genetycznie Modyfikowanych Organizmów, Błonie,
—
Instytut Zootechniki — Państwowy Instytut Badawczy, Krajowe Laboratorium Pasz, Lublin,
—
Państwowy Instytut Weterynaryjny — Państwowy Instytut Badawczy, Puławy,
—
Regionalne Laboratorium Badań Żywności Genetycznie Modyfikowanej w Tarnobrzegu;
Portugal
—
Laboratório de OGM, Instituto Nacional de Investigação Agrária e Veterinária (INIAV), Unidade Estratégica de Investigação e Serviços de Sistemas Agrários e Florestais e Sanidade Vegetal (UEIS-SAFSV);
România
—
Laboratorul Național de Referință pentru OMG din alimente și furaje, Institutul de Diagnostic și Sănătate Animală, București;
Slovenija
—
Kmetijski inštitut Slovenije (KIS), Ljubljana,
—
Nacionalni inštitut za biologijo (NIB), Ljubljana;
Slovensko
—
Ústredný kontrolný a skúšobný ústav poľnohospodársky, Oddelenie molekulárnej biológie NRL Bratislava,
—
Štátny veterinárny a potravinový ústav, Dolný Kubín (State Veterinary and Food Institute Dolný Kubín);
Suomi/Finland
—
Tullilaboratorio,
—
Elintarviketurvallisuusvirasto Evira;
Sverige
—
Livsmedelsverket (SLV);
United Kingdom
—
Food and Environment Research Agency (FERA),
—
LGC Limited (LGC),
—
Science and Advice for Scottish Agriculture (SASA)’.
(1) Until 1 January 2014. |
26.4.2014
EN
Official Journal of the European Union
L 125/64
COMMISSION IMPLEMENTING REGULATION (EU) No 428/2014
of 25 April 2014
adopting exceptional support measures for the pigmeat market in Lithuania and amending Implementing Regulation (EU) No 324/2014 adopting exceptional support measures for the pigmeat market in Poland
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 220(1)(a) thereof,
Whereas:
(1)
Council Directive 2002/60/EC (2) lays down the minimum measures to be applied within the Union for the control of African swine fever. Accordingly, pursuant to Commission Implementing Decisions 2014/43/EU (3), as confirmed by Commission Implementing Decision 2014/93/EU (4), and to Commission Implementing Decision 2014/178/EU (5), Lithuania is to ensure that the area within its territory where that disease is present comprises at least the infected area listed in the Annexes to these Decisions.
(2)
With a view to preventing the spread of African swine fever and in order to prevent any further disturbance of trade within Lithuania and abroad, Lithuania adopted on 17 February 2014 (6) some additional preventive measures in that infected area. As a consequence, the marketing of live pigs, including piglets, fresh pigmeat and pigmeat products from that infected area is subject to particular surveillance measures, to an obligatory labelling with a special health mark and to the application of some marketing restrictions within the single market.
(3)
The restrictions on the marketing of live pigs, including piglets, fresh pigmeat and pigmeat products resulting from the application of these veterinary measures imply an important price reduction in the affected areas and are causing disruption of the markets for piglets and pigmeat in those areas. Therefore, on 13 March 2014 Lithuania requested that the Commission introduce exceptional market support measures as provided for in Regulation (EU) No 1308/2013. Such measures, applying solely to piglets, pigs and sows reared in the areas directly affected by the restrictions, should be adopted for the time strictly necessary.
(4)
The aid amount should be expressed for piglets as an amount per head for a limited number of piglets, and per 100 kilogrammes of carcass weight of other eligible animals for a limited quantity of pigmeat and with a maximum compensable carcass weight per animal. The aid amount should be set taking into account recent market information.
(5)
For piglets and other pigs reared in the areas concerned, the support should be conditional on the delivery of the animals to the slaughterhouses, their slaughter and on the respect of the stricter veterinary rules applicable in the areas concerned on the day of delivery.
(6)
Commission Implementing Decision 2014/236/EU (7) provides for Union financial support compensating pig owners for losses caused by early slaughter of pigs in the infected areas in order to minimise the risk of disease spread. Lithuania and Poland intend to decrease the density of susceptible hosts in low bio-security pig holdings in the infected area by promoting the slaughter of pigs and preventing restocking of pig holdings for at least one year (8). Therefore, and in order to avoid any risk of double funding, the aid payable under this Regulation should be limited to pig producers not benefiting from the financial contribution for early slaughter laid down in Implementing Decision 2014/236/EU. For the same reason a corresponding restriction should apply to Poland. Commission Implementing Regulation (EU) No 324/2014 (9) should therefore be amended accordingly.
(7)
Provision should be made for the competent authorities in Lithuania to apply all controls and supervision measures required and to inform the Commission accordingly. Transport and slaughter of the eligible animals should be done under the control of the competent authorities who have to ensure as well that products derived thereof comply with the relevant marketing restrictions.
(8)
Restrictions on the marketing of live pigs and piglets and of fresh pigmeat and pigmeat products have applied for several weeks in the territories concerned and this situation has led to market disturbance and income losses for producers, as well as to a substantial increase in the animals' weight which has consequently brought about an intolerable animal welfare situation. Therefore, the measures provided for in this Regulation should cover the animals delivered to the slaughterhouse as from 17 February 2014, the date of adoption of the Lithuanian preventive measures. The market situation and the impact of this measure need to be reassessed in the light of future developments and therefore the measure should apply only for a period of three months.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
1. Lithuania is authorised to grant aid in respect of the slaughtering of the following animals:
(a)
piglets covered by CN code 0103 91 10;
(b)
pigs covered by CN code 0103 92 19;
(c)
sows covered by CN code 0103 92 11.
2. The aid provided for in paragraph 1 shall only be granted if the following conditions are met:
(a)
the animals were reared in the areas listed in the Annex to Implementing Decisions 2014/43/EU or 2014/93/EU or in part II of the Annex to implementing Decision 2014/178/EU for the relevant periods, or in any other Commission Implementing Decision adopted in this regard, and the live pigs including piglets reared in those areas, as well as the pigmeat from animals reared in those areas, are submitted to certain marketing restrictions due to African swine fever;
(b)
the animals were present in the areas referred to in point (a) on 17 February 2014 or they were born and reared after that date in those areas;
(c)
the additional preventive measures established by the Order of Director of the State Food and Veterinary Service of Lithuania No B1-60 of 17 February 2014 on the extension of the buffer zone for African Swine Fever, or any other national rules adopted in this regard and submitting live pigs and pigmeat to marketing restrictions due to African swine fever, apply in the area where those animals were reared on the date they are delivered to a slaughterhouse;
(d)
the rules set by Implementing Decisions referred to in point (a) and the preventive measures referred to in point (c) are respected;
(e)
producers of pigmeat who apply for the aid provided for in paragraph 1 of this Article do not benefit from the financial contribution for early slaughter referred to in Article 1(3) of the Implementing Decision 2014/236/EU.
Article 2
The aid provided for in Article 1 (the aid) shall be considered to be exceptional market support measures as provided for in Article 4(1)(a) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (10).
Article 3
1. Producers of pigmeat may apply for the aid in respect of animals slaughtered from 17 February 2014 until 16 May 2014.
2. The aid is expressed as an amount of EUR 10,8 per head for piglets referred to in Article 1(1)(a) delivered and of EUR 30 per 100 kilograms of carcass weight recorded for the animals referred to in Article 1(1)(b) and (c) delivered. The Commission may adapt these amounts to take into account market developments.
3. The aid for animals referred to in Article 1(1)(b) and (c) with a carcass weight of more than 100 kilograms shall not exceed the amount of the aid fixed in paragraph 2 for pigs with a carcass weight of 100 kilograms.
4. Fifty per cent of the expenditure for the aid, covering a maximum total of 7 600 piglets referred to in Article 1(1)(a) and of 700 tonnes of pig carcasses of animals referred to in Article 1(1)(b) and (c), shall be financed by the Union budget.
5. Expenditure shall only be eligible for Union financing if it has been paid by Lithuania to the beneficiary by 31 August 2014.
6. The aid shall be paid by Lithuania after the slaughter of the animals referred to in Article 1(1) and after the completion of the controls in accordance with Article 4.
Article 4
1. Lithuania shall take all measures necessary, including exhaustive administrative and physical controls, to ensure compliance with the conditions laid down in this Regulation. Furthermore, the Lithuanian authorities shall:
(a)
supervise the transport of the animals from the holding to the slaughterhouse using standardised checklists incorporating weighing and counting sheets, including origin and destination of the animals;
(b)
ensure that the meat derived from animals for which aid is granted comply with the restrictions applicable to the territories referred to in point (a) of Article 1(2);
(c)
perform at least once per calendar month, administrative and accounting controls at each participating slaughterhouse to ensure that all animals delivered, and for which an application of aid can be lodged, since 17 February 2014 or since the last such control, as well as the meat derived from have been handled in accordance with this Regulation;
(d)
provide for on-the-spot checks and detailed reports on those checks indicating in particular:
(i)
the weight and number of piglets, pigs and sows per batch transported from the farm, the date and time of their transport to and arrival at a slaughterhouse;
(ii)
the number of piglets, pigs and sows slaughtered by the slaughterhouse, the animal movement permit, and for pigs and sows the weight of each carcass, as well as, for the animals slaughtered from the entry into force of this Regulation, the seal numbers of the transport means for those animals.
2. The controls and checks referred to in paragraph 1 shall be carried out before payment of the aid. Lithuania shall inform the Commission of the measures and controls introduced in accordance with this Article not later than 10 days after the entry into force of this Regulation.
Article 5
1. Lithuania shall communicate the following information to the Commission, each Wednesday in respect of the previous week:
(a)
the number of piglets, the number of sows and the number of other pigs delivered for slaughter in accordance with this Regulation, as well as the overall carcass weight in respect of sows and pigs referred to in Article 1(1)(b) and (c);
(b)
the estimated financial costs for each category of animals referred to in Article 1(1).
The first communication shall cover animals delivered for slaughter since 17 February 2014 in accordance with this Regulation. The obligation referred to in the first subparagraph shall apply until 21 May 2014.
2. No later than 30 June 2014, Lithuania shall send to the Commission a detailed report on the implementation of this Regulation including details as regards the execution of the controls, checks and supervision undertaken in accordance with Article 4.
Article 6
In Article 1(2) of Implementing Regulation (EU) No 324/2014 the following point (d) is added:
‘(d)
producers of pigmeat who apply for the aid provided for in paragraph 1 of this Article do not benefit from the financial contribution for early slaughter referred to in Article 1(3) of the Commission Implementing Decision 2014/236/EU (11).
Article 7
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 April 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 671.
(2) Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever (OJ L 192, 20.7.2002, p. 27).
(3) Commission Implementing Decision 2014/43/EU of 27 January 2014 concerning certain interim protective measures relating to African swine fever in Lithuania (OJ L 26, 29.1.2014, p. 44).
(4) Commission Implementing Decision 2014/93/EU of 14 February 2014 concerning certain protective measures relating to African swine fever in Lithuania (OJ L 46, 18.2.2014, p. 20).
(5) Commission Implementing Decision 2014/178/EU of 27 March 2014 concerning animal health control measures relating to African swine fever in certain Member States (OJ L 95, 29.3.2014, p. 47).
(6) Order of Director of the State food and veterinary service No B1-60 of 17 February 2014 on the extension of the buffer zone for African Swine.
(7) Commission Implementing Decision 2014/236/EU of 24 April 2014 concerning a Union financial contribution towards surveillance and other emergency measures implemented in Estonia, Latvia, Lithuania and Poland against African swine fever (OJ L 125, 26.4.2014, p. 86).
(8) Order of the Director of State Food and Veterinary service of Lithuania No B1-384 of 11 July 2011.
(9) Commission Implementing Regulation (EU) No 324/2014 of 28 March 2014 adopting exceptional support measures for the pigmeat market in Poland (OJ L 95, 29.3.2014, p. 24).
(10) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549). |
14.11.2014
EN
Official Journal of the European Union
L 329/1
COUNCIL DECISION
of 10 November 2014
on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union
(2014/789/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Articles 100(2) and 167(3) and Article 207, in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1)
In accordance with Council Decision 2014/257/EU (1), the Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union (‘the Additional Protocol’) was signed, and has been applied provisionally as from 1 July 2013, pending the completion of the procedures for its conclusion.
(2)
The Additional Protocol should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (2).
Article 2
The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union and its Member States, to give the notification referred to in Article 9 of the Additional Protocol regarding completion of the internal procedures for the entry into force.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 10 November 2014.
For the Council
The President
M. MARTINA
(1) OJ L 140, 14.5.2014, p. 1.
(2) The text of the Additional Protocol will be published together with the decision on its signature. |
8.11.2014
EN
Official Journal of the European Union
L 325/17
COUNCIL DECISION 2014/775/CFSP
of 7 November 2014
extending Decision 2014/73/CFSP on a European Union military operation in the Central African Republic (EUFOR RCA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 28 January 2014, the United Nations Security Council (UNSC) adopted Resolution 2134 (2014) authorising the European Union to deploy an operation in the Central African Republic (CAR).
(2)
On 10 February 2014 the Council adopted Decision 2014/73/CFSP (1) stating that a European Union military operation in the Central African Republic (EUFOR RCA) should end no later than six months after having reached Full Operational Capability.
(3)
On 10 September 2014, the Interim President of the CAR sent a letter to the High Representative of the Union for Foreign Affairs and Security Policy (HR) asking to extend EUFOR RCA.
(4)
It is necessary to provide for a smooth transition from EUFOR RCA to the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), as established by UNSC Resolution 2149 (2014), until MINUSCA can assume full responsibility for security in the Bangui area.
(5)
On 21 October 2014 the UNSC adopted Resolution 2181 (2014) authorising the extension of EUFOR RCA until 15 March 2015.
(6)
Decision 2014/73/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/73/CFSP is amended as follows:
(1)
in Article 1(1) the words ‘within four to six months’ are replaced by the words ‘within nine months’.
(2)
Article 10(2) is replaced by the following:
‘2. The financial reference amount for the common costs of EUFOR RCA for the period until 15 December 2014 shall be EUR 25,9 million. The financial reference amount for the common costs of EUFOR RCA for the period from 16 December 2014 until 15 March 2015 shall be EUR 5,7 million.
The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP for the period until 15 December 2014 shall be 50 %. The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP for the period from 16 December 2014 until 15 March 2015 shall be 0 %.’
.
(3)
Article 12(2) is replaced by the following:
‘2. EUFOR RCA shall end on 15 March 2015.’
.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 7 November 2014.
For the Council
The President
P. C. PADOAN
(1) Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA) (OJ L 40, 11.2.2014, p. 59). |
25.1.2014
EN
Official Journal of the European Union
L 22/33
COMMISSION IMPLEMENTING REGULATION (EU) No 62/2014
of 24 January 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 2014.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
AL
50,7
IL
107,2
MA
54,8
TN
77,3
TR
102,2
ZZ
78,4
0707 00 05
JO
275,4
MA
158,2
TR
152,0
ZZ
195,2
0709 91 00
EG
91,5
ZZ
91,5
0709 93 10
MA
78,6
TR
124,3
ZZ
101,5
0805 10 20
EG
51,5
MA
58,6
TN
56,6
TR
69,2
ZA
38,4
ZZ
54,9
0805 20 10
IL
159,4
MA
76,6
ZZ
118,0
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
EG
54,5
IL
124,7
JM
124,7
KR
143,8
TR
96,8
ZZ
108,9
0805 50 10
EG
69,0
TR
72,3
ZZ
70,7
0808 10 80
CA
85,2
CN
91,7
MK
28,2
US
168,5
ZZ
93,4
0808 30 90
TR
134,9
US
184,8
ZZ
159,9
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
7.5.2014
EN
Official Journal of the European Union
L 134/28
COMMISSION IMPLEMENTING REGULATION (EU) No 462/2014
of 5 May 2014
approving the basic substance Equisetum arvense L., in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) and Article 78(2) thereof,
Whereas:
(1)
In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 28 December 2011 an application from Institut Technique de l'Agriculture Biologique (ITAB) for the approval of Equisetum arvense L. as basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3).
(2)
The Commission asked the European Food Safety Authority (hereinafter ‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical report on the substance concerned on 24 May 2013 (2). The Commission presented the review report and this draft regulation on the approval of Equisetum arvense L. to the Standing Committee on the Food Chain and Animal Health on 20 March 2014.
(3)
The documentation provided by the applicant and the results of examination carried out by the Authority (3) in accordance with Regulation (EC) No 1924/2006 of the European Parliament and of the Council (4) show that Equisetum arvense L. fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (5). Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.
(4)
As the basic substance concerned is a foodstuff not requiring a specific authorisation under Regulation (EC) No 178/2002, it is deemed to be evaluated as having neither an immediate or delayed harmful effect on human or animal health nor an unacceptable effect on the environment.
(5)
It has appeared from the examinations made that Equisetum arvense L. may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to include certain conditions for the approval which are detailed in Annex I to this Regulation.
(6)
In accordance with Article 23(5) of Regulation (EC) No 1107/2009, basic substances are to be listed separately in the Regulation referred to in Article 13(4) of Regulation (EC) No 1107/2009. It is therefore appropriate to add a Part C in the Annex to Commission Implementing Regulation (EU) No 540/2011 (6). That Regulation should therefore be amended accordingly.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Approval of a basic substance
The basic substance Equisetum arvense L., as specified in Annex I, is approved subject to the conditions laid down in that Annex.
Article 2
Amendments to Implementing Regulation (EU) No 540/2011
(1) In Article 1 of Regulation (EU) No 540/2011 the second paragraph is replaced by the following two paragraphs:
‘The active substances approved under Regulation (EC) No 1107/2009 are as set out in Part B of the Annex to this Regulation. The basic substances approved under Regulation (EC) No 1107/2009 are as set out in Part C of the Annex to this Regulation.’
(2) The Annex to Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Article 3
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 May 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) Outcome of the consultation with Member States and EFSA on the basic substance application for Equisetum arvense L. and the conclusions drawn by EFSA on the specific points raised. 2013:EN-427.23 pp.
(3) EFSA Panel on Dietetic Products, Nutrition and Allergies (NDA) EFSA Journal 2009; 7(9): 1289 doi: 10.2903/j.efsa.2009.1289.
(4) Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9.).
(5) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(6) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).
ANNEX I
Common Name,
Identification Numbers
IUPAC Name
Purity (1)
Date of approval
Specific provisions
Equisetum arvense L.
CAS No: not allocated
CIPAC No: not allocated
Not applicable
European Pharmacopeia
1 July 2014
Equisetum arvense L. may be used in accordance with the specific conditions included in the conclusions of the review report on Equisetum arvense L. (SANCO/12386/2013) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 20 March 2014.
(1) Further details on identity, specification and manner of use of basic substance are provided in the review report.
ANNEX II
The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:
(1)
The title of the Annex is replaced by the following:
‘ANNEX ACTIVE SUBSTANCES’
(2)
The following Part C is added:
‘PART C
Basic Substances
General provisions applying to all substances listed in this Part: the Commission shall keep available all review reports (except for confidential information within the meaning of Article 63 of Regulation (EC) No 1107/2009) for consultation by any interested parties or shall make them available to them on specific request.
Number
Common Name,
Identification Numbers
IUPAC Name
Purity (1)
Date of approval
Specific provisions
Equisetum arvense L.
CAS No: not allocated
CIPAC No: not allocated
Not applicable
European Pharmacopeia
1 July 2014
Equisetum arvense L. may be used in accordance with the specific conditions included in the conclusions of the review report on Equisetum arvense L. (SANCO/12386/2013) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 20 March 2014.
(1) Further details on identity, specification and manner of use of basic substance are provided in the review report.’ |
26.8.2014
EN
Official Journal of the European Union
L 252/18
COMMISSION IMPLEMENTING REGULATION (EU) No 924/2014
of 25 August 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0707 00 05
TR
81,4
ZZ
81,4
0709 93 10
TR
105,1
ZZ
105,1
0805 50 10
AR
174,9
TR
83,0
UY
161,7
ZA
185,3
ZZ
151,2
0806 10 10
BR
181,8
CL
73,7
EG
200,2
MA
170,3
TR
133,7
ZA
315,5
ZZ
179,2
0808 10 80
AR
83,7
BR
64,4
CL
93,8
CN
120,5
NZ
125,0
PE
21,0
US
131,3
ZA
87,8
ZZ
90,9
0808 30 90
AR
40,6
CL
77,3
TR
124,4
ZA
62,6
ZZ
76,2
0809 30
MK
68,0
TR
121,2
ZZ
94,6
0809 40 05
BA
36,8
ZA
206,3
ZZ
121,6
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
26.3.2014
EN
Official Journal of the European Union
L 90/4
COMMISSION IMPLEMENTING REGULATION (EU) No 302/2014
of 25 March 2014
concerning the authorisation of a preparation of endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896) as a feed additive for chickens for fattening and weaned piglets (holder of the authorisation ROAL Oy)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1)
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.
(2)
In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of a preparation of endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.
(3)
That application concerns the authorisation of a preparation of endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896) as a feed additive for chickens for fattening and weaned piglets, to be classified in the additive category ‘zootechnical additives’.
(4)
The European Food Safety Authority (‘the Authority’) concluded in its opinion of 9 October 2013 (2) that, under the proposed conditions of use, the preparation of endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896) does not have an adverse effect on animal health, human health or the environment. It also concluded that the additive improves significantly the performance of the animals. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.
(5)
The assessment of the preparation of endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Authorisation
The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 29.
(2) EFSA Journal 2013; 11(10):3432.
ANNEX
Identification number of the additive
Name of the holder of authorisation
Additive
Composition, chemical formula, description, analytical method
Species or category of animal
Maximum age
Minimum content
Maximum content
Other provisions
End of period of authorisation
Units of activity/kg of complete feedingstuff with a moisture content of 12 %
Category of zootechnical additives. Functional group: digestibility enhancers
4a20
ROAL Oy
Endo-1,3(4)-beta-glucanase
EC 3.2.1.6
Additive composition
Preparation of endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896) having a minimum activity of:
—
solid form: endo-1,3(4)-beta-glucanase 200 000 BU (1)/g,
—
liquid form: endo-1,3(4)-beta-glucanase 400 000 BU/ml.
Characterisation of the active substance
endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (CBS 126896)
Analytical method (2)
For the quantification of endo-1,3(4)-beta-glucanase activity: spectrophotometric (DNS) method, based on the quantification of released sugars produced by the action of endo-1,3(4)-beta-glucanase on barley beta-glucan at pH 4,8 and 50 °C.
Chickens for fattening
—
20 000 BU
—
1.
In the directions for use of the additive and premixture, indicate the storage conditions and stability to pelleting.
2.
For use in (weaned) piglets up to approximately 35 kg.
3.
For safety: breathing protection, glasses and gloves shall be used during handling.
15 April 2024
Piglets (weaned)
10 000 BU
(1) 1 BU is the amount of enzyme which liberates 1 nanomole of reducing sugars (expressed as glucose equivalents) from barley beta-glucan substrate per second at 50 °C and pH 4,8.
(2) Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx |
3.4.2014
EN
Official Journal of the European Union
L 100/12
COUNCIL DECISION 2014/183/CFSP
of 1 April 2014
on the launch of a European Union military operation in the Central African Republic (EUFOR RCA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
Having regard to Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA) (1), and in particular Article 4 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 10 February 2014, the Council adopted Decision 2014/73/CFSP.
(2)
On 17 March 2014, the Council approved the Operation Plan and the Rules of Engagement of EUFOR RCA.
(3)
Following the recommendation of the EU Operation Commander, EUFOR RCA should be launched.
(4)
In accordance with Article 5 of the 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 does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, and is neither bound by it nor subject to its application,
HAS ADOPTED THIS DECISION:
Article 1
The EU military operation in the Central African Republic (‘EUFOR RCA’) shall be launched.
Article 2
The EU Operation Commander of EUFOR RCA is hereby authorised with immediate effect to start execution of the operation.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 1 April 2014.
For the Council
The President
D. KOURKOULAS
(1) OJ L 40, 11.2.2014, p. 59. |
15.2.2014
EN
Official Journal of the European Union
L 45/12
COMMISSION IMPLEMENTING REGULATION (EU) No 145/2014
of 14 February 2014
approving the active substance thiencarbazone, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,
Whereas:
(1)
In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For thiencarbazone the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2008/566/EC (3).
(2)
In accordance with Article 6(2) of Directive 91/414/EEC the United Kingdom received on 13 April 2007 an application from Bayer CropScience AG for the inclusion of the active substance thiencarbazone in Annex I to Directive 91/414/EEC. Decision 2008/566/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.
(3)
For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 17 December 2008. In accordance with Article 11(6) of Commission Regulation (EU) No 188/2011 (4) additional information was requested from the applicant on 7 July 2011. The evaluation of the additional data by the United Kingdom was submitted in the format of an updated draft assessment report in April 2012.
(4)
The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the pesticide risk assessment of the active substance thiencarbazone (5) on 17 June 2013. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 13 December 2013 in the format of the Commission review report for thiencarbazone.
(5)
It has appeared from the various examinations made that plant protection products containing thiencarbazone may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve thiencarbazone.
(6)
In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.
(7)
A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.
(8)
Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing thiencarbazone. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.
(9)
The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (6) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.
(10)
In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (7) should be amended accordingly.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Approval of active substance
The active substance thiencarbazone, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
Article 2
Re-evaluation of plant protection products
1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing thiencarbazone as an active substance by 31 December 2014.
By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing thiencarbazone as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 30 June 2014 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
Following that determination Member States shall:
(a)
in the case of a product containing thiencarbazone as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or
(b)
in the case of a product containing thiencarbazone as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or those substances, whichever is the latest.
Article 3
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Article 4
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
(3) Commission Decision 2008/566/EC of 1 July 2008 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of phosphane and thiencarbazone in Annex I to Council Directive 91/414/EEC (OJ L 181, 10.7.2008, p. 52).
(4) Commission Regulation (EU) No 188/2011 of 25 February 2011 laying down detailed rules for the implementation of Council Directive 91/414/EEC as regards the procedure for the assessment of active substances which were not on the market 2 years after the date of notification of that Directive (OJ L 53, 26.2.2011, p. 51).
(5) EFSA Journal 2013; 11(7):3270. Available online: www.efsa.europa.eu
(6) Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (OJ L 366, 15.12.1992, p. 10).
(7) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).
ANNEX I
Common Name, Identification Numbers
IUPAC Name
Purity (1)
Date of approval
Expiration of approval
Specific provisions
Thiencarbazone
CAS No 317815-83-1
CIPAC No 797
Methyl 4-[(4,5-dihydro-3-methoxy-4-methyl-5-oxo-1H-1,2,4-triazol-1-yl)carbonylsulfamoyl]-5-methylthiophene-3-carboxylate
≥ 950 g/kg
1 July 2014
30 June 2024
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on thiencarbazone, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 13 December 2013 shall be taken into account.
In this overall assessment Member States shall pay particular attention to
(a)
the risk to groundwater if the substance is applied under vulnerable geographical or climatic conditions;
(b)
the risk to aquatic organisms.
Conditions of use shall include risk mitigation measures, where appropriate.
The applicant shall submit confirmatory information as regards the potential of thiencarbazone for long-range atmospheric transport and the related environmental impacts.
That confirmatory information shall consist of the results of a monitoring programme to assess the potential of thiencarbazone for long-range atmospheric transport and the related environmental impacts. The applicant shall submit to the Commission, the Member States and the Authority this monitoring programme by 30 June 2016 and the results in form of a monitoring report by 30 June 2018.
(1) Further details on identity and specification of active substance are provided in the review report.
ANNEX II
In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:
Number
Common Name, Identification Numbers
IUPAC Name
Purity (1)
Date of approval
Expiration of approval
Specific provisions
‘71
Thiencarbazone
CAS No 317815-83-1
CIPAC No 797
Methyl 4-[(4,5-dihydro-3-methoxy-4-methyl-5-oxo-1H-1,2,4-triazol-1-yl)carbonylsulfamoyl]-5-methylthiophene-3-carboxylate
≥ 950 g/kg
1 July 2014
30 June 2024
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on thiencarbazone, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 13 December 2013 shall be taken into account.
In this overall assessment Member States shall pay particular attention to
(a)
the risk to groundwater if the substance is applied under vulnerable geographical or climatic conditions;
(b)
the risk to aquatic organisms.
Conditions of use shall include risk mitigation measures, where appropriate.
The applicant shall submit confirmatory information as regards the potential of thiencarbazone for long-range atmospheric transport and the related environmental impacts.
That confirmatory information shall consist of the results of a monitoring programme to assess the potential of thiencarbazone for long-range atmospheric transport and the related environmental impacts. The applicant shall submit to the Commission, the Member States and the Authority this monitoring programme by 30 June 2016 and the results in form of a monitoring report by 30 June 2018.’
(1) Further details on identity and specification of active substance are provided in the review report. |
9.5.2014
EN
Official Journal of the European Union
L 136/25
POLITICAL AND SECURITY COMMITTEE DECISION EUBAM LIBYA/3/2014
of 30 April 2014
extending the mandate of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
(2014/258/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (1),
Whereas:
(1)
Pursuant to Article 9(1) of Decision 2013/233/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya), including the decision to appoint a Head of Mission upon a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
(2)
On 24 May 2013, the PSC adopted Decision EUBAM Libya/1/2013 (2) appointing Mr Antti Juhani Hartikainen as Head of Mission of EUBAM Libya for the period from 22 May 2013 until 21 May 2014.
(3)
On 14 April 2014, the HR proposed the extension of the mandate of Mr Antti Juhani Hartikainen as Head of Mission of EUBAM Libya until 21 May 2015,
HAS ADOPTED THIS DECISION:
Article 1
The mandate of Mr Antti Juhani Hartikainen as Head of Mission of EUBAM Libya is hereby extended until 21 May 2015.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 30 April 2014.
For the Political and Security Committee
The Chairperson
W. STEVENS
(1) OJ L 138, 24.5.2013, p. 15.
(2) Political and Security Committee Decision EUBAM LIBYA/1/2013 of 24 May 2013 on the appointment of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 147, 1.6.2013, p. 13). |
13.2.2014
EN
Official Journal of the European Union
L 43/47
COMMISSION IMPLEMENTING REGULATION (EU) No 137/2014
of 12 February 2014
amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), in particular Article 30 thereof,
Whereas:
(1)
Chapter V of Regulation (EC) No 1005/2008 lays down procedures for the identification of fishing vessels engaged in illegal, unreported and unregulated fishing (IUU fishing vessels) as well as procedures for establishing a Union list of such vessels. Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list.
(2)
The Union list of IUU fishing vessels was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Implementing Regulations (EU) No 724/2011 (3), (EU) No 1234/2012 (4) and (EU) No 672/2013 (5).
(3)
According to Article 30(1) of Regulation (EC) No 1005/2008, the Union list should comprise fishing vessels included in the IUU vessel lists adopted by regional fisheries management organisations.
(4)
All regional fishery management organisations provide for the establishment and regular up-date of IUU vessel lists in accordance with their respective rules (6).
(5)
According to Article 30 of Regulation (EC) No 1005/2008, upon the receipt from regional fisheries management organisations of the lists of fishing vessels presumed or confirmed to be involved in the IUU fishing, the Commission shall update the Union list.
(6)
The Commission has received the updated lists from the regional fisheries management organisations.
(7)
The vessel the ‘Marta Lucia R’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the Inter-American Tropical Tuna Commission (IATTC) at its meeting of 10 to 14 June 2013 and by the International Commission for the Conservation of Atlantic Tunas (ICCAT) by its circular letter of 20 August 2013. This vessel should be considered as removed from the Union list as of 20 August 2013.
(8)
The vessel the ‘RED’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the North East Atlantic Fisheries Commission (NEAFC) on 14 November 2012, by the Northwest Atlantic Fisheries Organization (NAFO) on 21 December 2012 and by the South East Atlantic Fisheries Organisation (SEAFO) at its Compliance Committee Meeting of 11 December 2013. This vessel should be considered as removed from the Union list as of 11 December 2013.
(9)
Considering that the same vessel might be listed under different names and/or flags depending on the time of its inclusion on the regional fisheries management organisations lists, the updated Union list should include the different names and/or flags as established by the respective regional fisheries management organisations.
(10)
Regulation (EU) No 468/2010 should therefore be amended accordingly.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
Part B of the Annex to Regulation (EU) No 468/2010 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 286, 29.10.2008, p. 1.
(2) OJ L 131, 29.5.2010, p. 22.
(3) OJ L 194, 26.7.2011, p. 14.
(4) OJ L 350, 20.12.2012, p. 38.
(5) OJ L 193, 16.7.2013, p. 6.
(6) Last updates: CCAMLR: 2013/2014 IUU list as adopted at annual meeting CCAMLR-XXXII 23 October-14 November 2013; SEAFO: SEAFO includes in its IUU list CCAMLR, NEAFC-B and NAFO lists (as adopted at its Compliance Committee on 11 December 2013); ICCAT: 2013 IUU List as adopted at annual meeting in November 2013 (Recommendation 11-18); IATTC: 2013 list as adopted in 85th meeting of IATTC in June 2013; NEAFC: IUU B list AM 2011-18 as maintained at 32nd annual meeting November 2013; NAFO: 2013 list as adopted at 35th annual meeting September 2013; WCPFC: WCPFC IUU vessel list for 2014, effective from 6 February 2014, 60 days after WCPFC10, IOTC: IOTC IUU Vessels List, reviewed at the 17th Session of the IOTC, 6-10 May 2013.
ANNEX
‘PART B
Vessels listed in accordance with Article 30 of Regulation (EC) No 1005/2008
IMO (1) ship identification number/RFMO Reference
Vessel’s name (previous name) (2)
Flag State or Flag Territory [according to a RFMO] (2)
Listed in RFMO (2)
20060010 [ICCAT]
ACROS No 2
Unknown (latest known flag: Honduras)
ICCAT
20060009 [ICCAT]
ACROS No 3
Unknown (latest known flag: Honduras)
ICCAT
ALBORAN II (WHITE ENTERPRISE [NAFO, NEAFC]/WHITE, ENTERPRISE, ENXEMBRE, ATALAYA, REDA IV, ATALAYA DEL SUR [SEAFO])
Unknown (latest known flags: Panama, Saint Kitts and Nevis) [NAFO, NEAFC]/Panama (previous flags: Saint Kitts and Nevis, Gibraltar) [SEAFO]
NEAFC, NAFO, SEAFO
ALDABRA (OMOA I [CCAMLR]/OMOA 1 [SEAFO])
Unknown (latest known flags: Tanzania, Honduras) [CCAMLR]/Tanzania (previous flags: Honduras, Togo) [SEAFO]
CCAMLR, SEAFO
AMORINN (ICEBERG II, LOME, NOEMI)
Unknown (latest known flags: Togo, Belize)
CCAMLR, SEAFO
BERBER (SNAKE, OCTOPUS I, PION, THE BIRD, CHU LIM, YIN PENG, THOR 33, ULYSES, GALE, SOUTH BOY, PISCIS) [CCAMLR]/SNAKE (OCTOPUS 1, PISCIS, SOUTH BOY, GALE, ULYSES, THOR 33, YIN PENG, CHU LIM, THE BIRD, PION) [SEAFO]
Unknown (latest known flags: Libya, Mongolia, Honduras, North Korea (DPRK), Equatorial Guinea, Uruguay) [CCAMLR]/Libya (previous flag: Mongolia) [SEAFO]
CCAMLR, SEAFO
12290 [IATTC]/20110011 [ICCAT]
BHASKARA No 10
Unknown (latest known flag: Indonesia)
IATTC, ICCAT
12291 [IATTC]/20110012 [ICCAT]
BHASKARA No 9
Unknown (latest known flag: Indonesia)
IATTC, ICCAT
20060001 [ICCAT]
BIGEYE
Unknown
ICCAT
20040005 [ICCAT]
BRAVO
Unknown
ICCAT
9407 [IATTC]/20110013 [ICCAT]
CAMELOT
Unknown
IATTC, ICCAT
CHALLENGE (PERSEVERANCE, MILA [CCAMLR]/MILA, ISLA, MONTANA CLARA, PERSEVERANCE [SEAFO])
Unknown (latest known flags: Panama, Equatorial Guinea, United Kingdom)
CCAMLR, SEAFO
CHANG BAI (HOUGSHUI, HUANG HE 22, SIMA QIAN BARU 22, CORVUS, GALAXY, INA MAKA, BLACK MOON, RED MOON, EOLO, THULE, MAGNUS, DORITA [CCAMLR]/HUANG HE 22, SIMA QIAN BARU 22, DORITA, MAGNUS, THULE, EOLO, RED MOON, BLACK MOON, INA MAKA, GALAXY, CORVUS [SEAFO])
Unknown (latest known flags: Tanzania, North Korea (DPRK), Panama, Sierra Leone, Equatorial Guinea, Saint Vincent and the Grenadines, Uruguay) [CCAMLR]/Tanzania (previous flags: Uruguay, Saint Vincent and the Grenadines, Equatorial Guinea, North Korea (DPRK), Sierra Leone, Panama) [SEAFO]
CCAMLR, SEAFO
CHENGDU (SHAANXI HENAN 33, XIONG NU BARU 33, DRACO I, LIBERTY, CHILBO SAN 33, HAMMER, SEO YANG No 88, CARRAN [CCAMLR]/SHAANXI HENAN 33, XIONG NU BARU 33, LIBERTY, CHILBO SAN 33, HAMMER, CARRAN, DRACO-1 [SEAFO])
Unknown (latest known flags: Tanzania, Panama, Sierra Leone, North Korea (DPRK), Togo, Republic of Korea, Uruguay [CCAMLR])/Tanzania (previous flags: Uruguay, Togo, North Korea (DPRK), Panama) [SEAFO]
CCAMLR, SEAFO
125, 280020064 [IATTC]/20110014 [ICCAT]
CHIA HAO No 66
Unknown (latest known flag: Belize)
IATTC, ICCAT
20080001 and previously AT000GUI000002 [ICCAT]
DANIAA (CARLOS)
Unknown (latest known flag: Republic of Guinea (Conakry))
ICCAT
DOLPHIN (OGNEVKA)
Unknown (latest known flags: Russia, Georgia [NAFO, NEAFC])
NEAFC, NAFO, SEAFO
6163 [IATTC]/20130019 [ICCAT]
DRAGON III
Unknown
IATTC, ICCAT
EROS DOS (FURABOLOS)
Unknown (latest known flags: Panama, Seychelles) [NAFO, NEAFC]/Panama [SEAFO]
NEAFC, NAFO, SEAFO
20130018 [ICCAT]
FULL RICH
Unknown (latest known flag: Belize)
IOTC, ICCAT
7355662/20130015 [ICCAT]
FU LIEN No 1
Georgia
WCPFC, ICCAT
20130017 [ICCAT]
FU HSIANG FA No 21
Unknown
IOTC, ICCAT
200800005 previously AT000LIB00041 [ICCAT]
GALA I (MANARA II, ROAGAN)
Unknown (latest known flags: Libya, Isle of Man)
ICCAT
6591 [IATTC]/20130020 [ICCAT]
GOIDAU RUEY No 1
Unknown (latest known flag: Panama)
IATTC, ICCAT
GOOD HOPE (SEA RANGER V, TOTO [SEAFO]/TOTO [CCAMLR])
Nigeria (previous flag: Belize [SEAFO])
CCAMLR, SEAFO
6719419 [NEAFC, SEAFO]/6714919 [NAFO]
GORILERO (GRAN SOL)
Unknown (latest known flags: Sierra Leone, Panama [NAFO, NEAFC])
NEAFC, NAFO, SEAFO
2009003 [ICCAT]
GUNUAR MELYAN 21
Unknown
IOTC, ICCAT
HEAVY SEA (DUERO, JULIUS, KETA, SHERPA UNO [CCAMLR]/SHERPA UNO, KETA, DUERO [SEAFO])
Unknown (latest known flags: Panama, Saint Kitts and Nevis, Belize) [CCAMLR]/Panama (previous flag: Uruguay) [SEAFO]
CCAMLR, SEAFO
201000004 [ICCAT]
HOOM XIANG 11
Unknown (latest known flag: Malaysia)
IOTC, ICCAT
IANNIS 1 [NEAFC]/IANNIS I [NAFO, SEAFO] (MOANA MAR, CANOS DE MECA [SEAFO])
Unknown (latest known flag: Panama [NEAFC, NAFO])
NEAFC, NAFO, SEAFO
ITZIAR II (Seabull 22, Carmela, Gold Dragon, Golden Sun, Notre Dame, Mare)
Mali (previous flags: Nigeria, Togo, Equatorial Guinea, Bolivia, Namibia [CCAMLR])
CCAMLR, SEAFO
9505 [IATTC]/20130021 [ICCAT]
JYI LIH 88
Unknown
IATTC, ICCAT
KOOSHA 4 (EGUZKIA [SEAFO])
Iran
CCAMLR, SEAFO
LANA (ZEUS, TRITON I [CCAMLR]/KINSHO MARU No 18, TRITON-1, ZEUS [SEAFO])
Nigeria (previous flags: Mongolia, Togo, Sierra Leone) [CCAMLR]/Unknown (latest known flags: Japan, Sierra Leone, Togo, Mongolia) [SEAFO]
CCAMLR, SEAFO
20060007 (ICCAT)
LILA No 10
Unknown (latest known flag: Panama)
ICCAT
LIMPOPO (ROSS, ALOS, LENA, CAP GEORGE [CCAMLR]/ROSS, ALOS, LENA, CAP GEORGE, CONBAROYA, TERCERO [SEAFO])
Unknown (latest known flags: Togo, Ghana, Seychelles, France [CCAMLR]/Seychelles, Ghana, Togo [SEAFO])
CCAMLR, SEAFO
20040007 [ICCAT]
MADURA 2
Unknown
ICCAT
20040008 [ICCAT]
MADURA 3
Unknown
ICCAT
MAINE (GUINESPA I, MAPOSA NOVENO, [SEAFO])
Republic of Guinea (Conakry)
NEAFC, NAFO, SEAFO
20060002 [ICCAT]
MARIA
Unknown
ICCAT
20060005 [ICCAT]
MELILLA No 101
Unknown (latest known flag: Panama)
ICCAT
20060004 [ICCAT]
MELILLA No 103
Unknown (latest known flag: Panama)
ICCAT
MURTOSA
Unknown (latest known flag: Togo [NAFO, NEAFC]/Portugal [SEAFO])
NEAFC, NAFO, SEAFO
C-00545/14613 [IATTC]/20110003 [ICCAT]
NEPTUNE
Georgia
IATTC, ICCAT, WCPFC
NIHEWAN (HUIQUAN, WUTAISHAN ANHUI 44, YANGZI HUA 44, TROSKY, PALOMA V [CCAMLR]/WUTAISHA N ANHUI 44, YANGZI HUA 44, PALOMA V, JIAN YUAN, TROSKY [SEAFO])
Unknown (latest known flags: Tanzania, Mongolia, Namibia, Uruguay)
CCAMLR, SEAFO
20060003 [ICCAT]
No 101 GLORIA (GOLDEN LAKE)
Unknown (latest known flag: Panama)
ICCAT
20060008 [ICCAT]
No 2 CHOYU
Unknown (latest known flag: Honduras)
ICCAT
20060011 [ICCAT]
No 3 CHOYU
Unknown (latest known flag: Honduras)
ICCAT
20040006 [ICCAT]
OCEAN DIAMOND
Unknown
ICCAT
7826233/20090001 [ICCAT]
OCEAN LION
Unknown (latest known flag: Equatorial Guinea)
IOTC, ICCAT
11369 [IATTC]/20130022 [ICCAT]
ORCA
Unknown (latest known flag: Belize)
IATTC, ICCAT
20060012 [ICCAT]
ORIENTE No 7
Unknown (latest known flag: Honduras)
ICCAT
PERLON (CHERNE, BIGARO, HOKING, SARGO, LUGALPESCA)
Unknown (latest known flags: Mongolia, Togo, Uruguay)
CCAMLR, SEAFO
RAY (KILY, CONSTANT, TROPIC, ISLA GRACIOSA [CCAMLR]/KILLY, CONSTANT, TROPIC, ISLA GRACIOSA [SEAFO])
Unknown (latest known flags: Belize, Equatorial Guinea, South Africa) [CCAMLR]/Belize (previous flags: South Africa, Equatorial Guinea, Mongolia) [SEAFO]
CCAMLR, SEAFO
95 [IATTC]/20130023 [ICCAT]
REYMAR 6
Unknown (latest known flag: Belize)
IATTC, ICCAT
20130027 [ICCAT]
SAMUDERA PASIFIK No 18
Indonesia
ICCAT
200800004 previously AT000LIB00039 [ICCAT]
SHARON 1 (MANARA 1, POSEIDON)
Unknown (latest known flags: Libya, United Kingdom)
ICCAT
20050001 [ICCAT]
SOUTHERN STAR 136 (HSIANG CHANG)
Unknown (latest known flag: Saint Vincent and the Grenadines)
ICCAT
9405 [IATTC]/20130024 [ICCAT]
TA FU 1
Unknown
IATTC, ICCAT
TCHAW (REX, CONDOR, INCA, VIKING, CISNE AZUL [CCAMLR]/CONDOR, INCA, VIKING, CISNE AZUL, PESCAMEX III, AROSA CUARTO, REX [SEAFO])
Unknown (latest known flags: Togo, Belize, Seychelles) [CCAMLR]/Togo (previous flags: Belize, Seychelles, Togo) [SEAFO]
CCAMLR, SEAFO
13568 [IATTC]/20130025 [ICCAT]
TCHING YE No 6 (EL DIRIA I)
Unknown (latest known flags: Belize, Costa Rica)
IATTC, ICCAT
THUNDER (WUHAN No 4, KUKO, TYPHOON I, RUBIN, ARCTIC RANGER [CCAMLR]/ARCTIC RANGER, RUBIN, TYPHOON-I, KUKO [SEAFO])
Nigeria (previous flags: Mongolia, Togo, Seychelles, United Kingdom [CCAMLR])
CCAMLR, SEAFO
TIANTAI (KESHAN, BAIYANGDIAN, PACIFIC DUCHESS) [CCAMLR]/KESHAN (BAIYANGDIAN, PACIFIC DUCHESS) [SEAFO]
Unknown (latest known flags: Mongolia, Tanzania) [CCAMLR]/Mongolia (previous flag: Tanzania) [SEAFO]
CCAMLR, SEAFO
7321374, 7325930 [SEAFO]
TRINITY (ENXEMBRE, YUCATAN BASIN, FONTENOVA, JAWHARA [NEAFC, NAFO]/YUCATAN BASIN, ENXEMBRE, FONTE NOVA, JAWHARA, UKOLA COREA [SEAFO])
Ghana (previous flags: Panama, Morocco [NEAFC, NAFO]/Panama, Gibraltar, Morocco [SEAFO])
NEAFC, NAFO, SEAFO
8994295/129 [IATTC] 20130026 [ICCAT]
WEN TENG No 688 (MAHKOIA ABADI No 196)
Unknown (latest known flag: Belize)
IATTC, ICCAT
20130016 [ICCAT]
YU FONG 168
Taiwan
WCPFC, ICCAT
2009002 [ICCAT]
YU MAAN WON
Unknown (latest known flag: Georgia)
IOTC, ICCAT
(1) International Maritime Organization.
(2) For any additional information consult the websites of the regional fisheries management organisations (RFMOs).’ |
22.2.2014
EN
Official Journal of the European Union
L 54/16
COMMISSION IMPLEMENTING REGULATION (EU) No 169/2014
of 21 February 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1)
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.
(2)
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 2014.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg)
CN code
Third country code (1)
Standard import value
0702 00 00
MA
58,2
TN
89,5
TR
95,5
ZZ
81,1
0707 00 05
EG
174,9
MA
158,2
TR
156,9
ZZ
163,3
0709 91 00
EG
82,2
ZZ
82,2
0709 93 10
MA
27,9
TR
114,4
ZZ
71,2
0805 10 20
EG
48,4
IL
62,4
MA
50,5
TN
51,9
TR
73,3
ZA
63,5
ZZ
58,3
0805 20 10
IL
122,0
MA
96,6
TR
110,6
ZZ
109,7
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
EG
29,2
IL
128,0
JM
106,9
MA
121,5
TR
74,5
US
134,1
ZZ
99,0
0805 50 10
EG
57,3
MA
71,7
TR
68,7
ZZ
65,9
0808 10 80
CN
113,4
MK
30,8
US
159,1
ZZ
101,1
0808 30 90
AR
141,8
CL
179,1
CN
81,3
TR
146,4
US
120,7
ZA
125,7
ZZ
132,5
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. |
17.5.2014
EN
Official Journal of the European Union
L 147/44
COMMISSION IMPLEMENTING REGULATION (EU) No 520/2014
of 16 May 2014
adding to the 2014 fishing quotas certain quantities withheld in the year 2013 pursuant to Article 4(2) of Council Regulation (EC) No 847/96
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (1), and in particular Article 4(2) thereof,
Whereas:
(1)
According to Article 4(2) of Regulation (EC) No 847/96, Member States may ask the Commission, before 31 October of the year of application of a fishing quota allocated to them, to withhold a maximum of 10 % of that quota to be transferred to the following year. The Commission is to add to the relevant quota the quantity withheld.
(2)
Council Regulations (EU) No 1262/2012 (2), (EU) No 1088/2012 (3), (EU) No 1261/2012 (4), (EU) No 39/2013 (5) and (EU) No 40/2013 (6) fix fishing quotas for certain stocks for 2013 and specify which stocks may be subject to the measures provided for in Regulation (EC) No 847/96.
(3)
Council Regulations (EU) No 1262/2012, (EU) No 1180/2013 (7), (EU) No 24/2014 (8), and (EU) No 43/2014 (9) fix fishing quotas for certain stocks for 2014.
(4)
Certain Member States have requested, before 31 October of 2013, pursuant to Article 4(2) of Regulation (EC) No 847/96, that part of their quotas for 2013 be withheld and transferred to the following year. Within the limits indicated in that Regulation, the quantities withheld should be added to the quotas for 2014.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
The fishing quotas fixed for 2014 in Regulations (EU) No 1262/2012, (EU) No 1180/2013, (EU) No 24/2014 and (EU) No 43/2014 are increased as set out in the Annex.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 115, 9.5.1996, p. 3.
(2) Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks (OJ L 356, 22.12.2012, p. 22).
(3) Council Regulation (EU) No 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (OJ L 323, 22.11.2012, p. 2).
(4) Council Regulation (EU) No 1261/2012 of 20 December 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea (OJ L 356, 22.12.2012, p. 19).
(5) Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 1).
(6) Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (OJ L 23, 25.1.2013, p. 54).
(7) Council Regulation (EU) No 1180/2013 of 19 November 2013 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (OJ L 313, 22.11.2013, p. 4).
(8) Council Regulation (EU) No 24/2014 of 10 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 9, 14.1.2014, p. 4).
(9) Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).
ANNEX
Coun-try ID
Stock Id
Species
Zone name
Final Quota 2013 (1)
(in tonnes)
Catches 2013
(in tonnes)
Special Condition catches 2013
(in tonnes)
Final quota
Transferred quantity
(in tonnes)
BE
ANF/07.
Anglerfish
VII
1 702,800
1 127,900
134,600
74,14 %
170,280
BE
ANF/2AC4-C
Anglerfish
Union waters of IIa and IV
343,800
136,800
39,79 %
34,380
BE
ANF/8ABDE.
Anglerfish
VIIIa, VIIIb, VIIId and VIIIe
259,500
238,000
91,71 %
21,500
BE
COD/07A.
Cod
VIIa
20,800
12,900
62,02 %
2,080
BE
COD/07D.
Cod
VIId
67,100
52,200
77,79 %
6,710
BE
COD/7XAD34
Cod
VIIb, VIIc, VIIe-k, VIII, IX and X, Union waters of CECAF 34.1.1
513,700
202,000
39,32 %
51,370
BE
HAD/07A.
Haddock
VIIa
37,900
6,200
16,36 %
3,790
BE
HAD/2AC4.
Haddock
IV; Union waters of IIa
85,400
78,400
91,80 %
7,000
BE
HAD/5BC6A.
Haddock
Union and international waters of Vb and VIa
0,700
0 %
0,070
BE
HAD/6B1214
Haddock
Union and international waters of VIb, XII and XIV
2,800
0 %
0,280
BE
HKE/2AC4-C
Hake
Union waters of IIa and IV
38,200
31,200
81,68 %
3,820
BE
HKE/571214
Hake
VI and VII; Union and international waters of Vb; international waters of XII and XIV
97,300
12,000
12,33 %
9,730
BE
HKE/8ABDE.
Hake
VIIIa, VIIIb, VIIId and VIIIe
13,000
7,600
58,46 %
1,300
BE
LEZ/07.
Megrims
VII
578,100
520,200
89,98 %
57,810
BE
LEZ/2AC4-C
Megrims
Union waters of IIa and IV
6,900
0,400
5,80 %
0,690
BE
LEZ/8ABDE.
Megrims
VIIIa, VIIIb, VIIId and VIIIe
25,000
18,200
72,80 %
2,500
BE
LIN/04-C.
Ling
Union waters of IV
15,400
14,800
96,10 %
0,600
BE
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
77,400
52,100
67,31 %
7,740
BE
MAC/2A34.
Mackerel
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
79,100
61,600
77,88 %
7,910
BE
NEP/07.
Norway lobster
VII
16,200
13,600
83,95 %
1,620
BE
NEP/2AC4-C
Norway lobster
Union waters of IIa and IV
1 034,800
286,800
27,72 %
103,480
BE
NEP/8ABDE.
Norway lobster
VIIIa, VIIIb, VIIId and VIIIe
5,600
0,400
7,14 %
0,560
BE
PLE/07A.
Plaice
VIIa
220,300
144,100
65,41 %
22,030
BE
PLE/7DE.
Plaice
VIId and VIIe
1 556,300
1 391,100
89,39 %
155,630
BE
PLE/7HJK.
Plaice
VIIh, VIIj and VIIk
1,200
0 %
0,120
BE
SOL/07D.
Common sole
VIId
1 771,900
953,000
53,78 %
177,190
BE
SOL/07E.
Common sole
VIIe
34,600
29,500
85,26 %
3,460
BE
SOL/24-C.
Common sole
Union waters of II and IV
1 339,800
697,300
52,05 %
133,980
BE
SOL/7FG.
Common sole
VIIf and VIIg
860,200
787,600
91,56 %
72,600
BE
SOL/7HJK.
Common sole
VIIh, VIIj and VIIk
36,900
4,500
12,20 %
3,690
BE
SOL/8AB.
Common sole
VIIIa and VIIIb
331,800
311,900
94,00 %
19,900
BE
WHG/07A.
Whiting
VIIa
4,500
2,300
51,11 %
0,450
BE
WHG/7X7A-C
Whiting
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
390,600
319,800
81,87 %
39,060
DE
ANF/07.
Anglerfish
VII
353,900
310,413
87,71 %
35,390
DE
ANF/2AC4-C
Anglerfish
Union waters of IIa and IV
369,600
248,831
67,32 %
36,960
DE
ARU/1/2.
Greater silver smelt
Union and international waters of I and II
27,300
0 %
2,730
DE
ARU/34-C
Greater silver smelt
Union waters of III and IV
11,200
0 %
1,120
DE
ARU/567.
Greater silver smelt
Union and international waters of V, VI and VII
432,600
416,765
96,34 %
15,835
DE
BLI/5B67-
Blue ling
Union and international waters of Vb, VI, VII
5,000
0 %
0,500
DE
BSF/56712-
Black scabbardfish
EU and international waters of V, VI, VII and XII
57,500
0 %
5,750
DE
COD/03AS.
Cod
Kattegat
1,200
0,481
40,08 %
0,120
DE
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
4 711,350
540,701
11,48 %
471,135
DE
GFB/1234-
Greater forkbeard
EU and international waters of I, II, III and IV
9,900
0 %
0,990
DE
GFB/567-
Greater forkbeard
EU and international waters of V, VI and VII
11,000
0 %
1,100
DE
GHL/2A-C46
Greenland halibut
Union waters of IIa and IV, Union and international waters of Vb and VI
8,000
0 %
0,800
DE
HAD/2AC4.
Haddock
IV; Union waters of IIa
700,990
233,909
436,130
95,58 %
30,951
DE
HAD/5BC6A.
Haddock
Union and international waters of Vb and VIa
1,800
0 %
0,180
DE
HAD/6B1214
Haddock
Union and international waters of VIb, XII and XIV
4,000
0 %
0,400
DE
HER/1/2-
Herring
Union, Norwegian and international waters of I and II
4 431,130
2 321,619
1 922,228
95,77 %
187,283
DE
HER/3D-R30
Herring
Union waters of Subdivisions 25-27, 28.2, 29 and 32
1 416,000
1 415,315
99,95 %
0,685
DE
HER/5B6ANB
Herring
Union and international waters of Vb, VIb and VIaN
4 481,680
4 032,643
89,98 %
448,168
DE
HER/7G-K.
Herring
VIIg, VIIh, VIIj and VIIk
501,970
450,217
89,69 %
50,197
DE
HKE/2AC4-C
Hake
Union waters of IIa and IV
171,250
92,375
53,94 %
17,125
DE
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
27 659,260
24 834,294
49,803
89,97 %
2 765,926
DE
LEZ/2AC4-C
Megrims
Union waters of IIa and IV
5,600
1,071
19,13 %
0,56
DE
LIN/04-C.
Ling
Union waters of IV
104,160
45,061
43,26 %
10,416
DE
LIN/1/2.
Ling
Union and international waters of I and II
8,900
0,663
7,45 %
0,890
DE
LIN/3A/BCD
Ling
IIIa; Union waters of IIIbcd
4,150
0,410
9,88 %
0,415
DE
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
93,070
2,589
2,78 %
9,307
DE
MAC/2A34.
Mackerel
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
871,140
836,766
96,05 %
34,374
DE
NEP/2AC4-C
Norway lobster
Union waters of IIa and IV
531,650
419,588
78,92 %
53,165
DE
NEP/3A/BCD
Norway lobster
IIIa; Union waters of Subdivisions 22-32
12,500
3,139
25,11 %
1,250
DE
POK/56-14
Saithe
VI; Union and international waters of Vb, XII and XIV
85,270
0 %
8,527
DE
RNG/5B67-
Roundnose grenadier
EU and international waters of Vb, VI, VII
8,500
0 %
0,850
DE
RNG/8X14-
Roundnose grenadier
EU and international waters of VIII, IX, X, XII and XIV
41,000
0 %
4,100
DE
SOL/24-C.
Common sole
Union waters of II and IV
658,500
560,818
85,17 %
65,850
DE
SOL/3A/BCD
Common sole
IIIa; Union waters of Subdivisions 22-32
22,400
8,892
39,70 %
2,240
DE
SPR/3BCD-C
Sprat
Union waters of Subdivisions 22-32
10 322,000
10 315,365
99,94 %
6,635
DE
USK/04-C.
Tusk
Union waters of IV
20,800
1,817
8,74 %
2,080
DE
USK/1214EI
Tusk
Union and international waters of I, II and XIV
4,700
0,297
6,32 %
0,470
DE
USK/3A/BCD
Tusk
IIIa, Union waters of Subdivisions 22-32
7,700
0,018
0,23 %
0,770
DE
USK/567EI.
Tusk
Union and international waters of V, VI and VII
3,000
0 %
0,300
DE
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
12 618,360
11 341,048
37,671
90,18 %
1 239,641
DE
WHG/56-14
Whiting
VI, Union and international waters of Vb, international waters of XII and XIV
2,000
0 %
0,200
DK
ANF/2AC4-C
Anglerfish
Union waters of IIa and IV
756,580
196,140
25,92 %
75,658
DK
ARU/34-C
Greater silver smelt
Union waters of III and IV
1 017,300
317,760
31,24 %
101,730
DK
ARU/567.
Greater silver smelt
Union and international waters of V, VI and VII
422,500
124,850
29,55 %
42,250
DK
COD/03AS.
Cod
Kattegat
71,700
56,730
79,12 %
7,170
DK
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
15 204,390
5 869,290
38,60 %
1 520,439
DK
GHL/2A-C46
Greenland halibut
Union waters of IIa and IV, Union and international waters of Vb and VI
13,200
0 %
1,320
DK
HAD/2AC4.
Haddock
IV; Union waters of IIa
1 470,160
1 282,900
87,26 %
147,016
DK
HER/1/2-
Herring
Union, Norwegian and international waters of I and II
17 184,200
16 880,370
98,23 %
303,830
DK
HER/3D-R30
Herring
Union waters of Subdivisions 25-27, 28.2, 29 and 32
2 204,000
2 197,030
99,68 %
6,970
DK
HER/5B6ANB
Herring
Union and international waters of Vb, VIb and VIaN
247,500
208,370
84,19 %
24,750
DK
HKE/2AC4-C
Hake
Union waters of IIa and IV
1 351,570
870,060
64,37 %
135,157
DK
HKE/3A/BCD
Hake
IIIa; Union waters of Subdivisions 22-32
816,800
210,910
25,82 %
81,680
DK
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
7 868,710
6 681,950
43,700
85,47 %
786,871
DK
LEZ/2AC4-C
Megrims
Union waters of IIa and IV
21,100
19,180
90,90 %
1,920
DK
LIN/04-C.
Ling
Union waters of IV
204,330
83,180
40,71 %
20,433
DK
LIN/1/2.
Ling
Union and international waters of I and II
8,900
0 %
0,890
DK
LIN/3A/BCD
Ling
IIIa; Union waters of IIIbcd
63,310
56,380
89,05 %
6,331
DK
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
5,600
0 %
0,560
DK
MAC/2A4A-N
Mackerel
Norwegian waters of IIa and IVa
11 413,440
11 413,080
100,00 %
0,360
DK
NEP/2AC4-C
Norway lobster
Union waters of IIa and IV
1 035,110
250,970
24,25 %
103,511
DK
NEP/3A/BCD
Norway lobster
IIIa; Union waters of Subdivisions 22-32
4 298,680
2 646,290
61,56 %
429,868
DK
PRA/2AC4-C
Northern prawn
Union waters of IIa and IV
2 530,600
163,460
6,46 %
253,060
DK
SOL/24-C.
Common sole
Union waters of II and IV
692,100
497,230
71,84 %
69,210
DK
SOL/3A/BCD
Common sole
IIIa; Union waters of Subdivisions 22-32
528,900
246,150
46,54 %
52,890
DK
SPR/3BCD-C
Sprat
Union waters of Subdivisions 22-32
27 569,000
27 113,080
98,35 %
455,920
DK
USK/04-C.
Tusk
Union waters of IV
69,900
4,830
6,91 %
6,990
DK
USK/3A/BCD
Tusk
IIIa; Union waters of Subdivisions 22-32
16,300
0,820
5,03 %
1,630
DK
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
3 417,510
2 165,250
14,710
63,79 %
341,751
EE
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
1 633,670
248,622
15,22 %
163,367
EE
HER/03D.RG
Herring
Subdivision 28.1
12 332,440
11 898,247
96,48 %
434,193
EE
HER/3D-R30
Herring
Union waters of Subdivisions 25-27, 28.2, 29 and 32
10 142,000
10 042,332
99,02 %
99,668
EE
RNG/5B67-
Roundnose grenadier
EU and international waters of Vb, VI, VII
63,000
0 %
6,300
EE
SPR/3BCD-C
Sprat
Union waters of Subdivisions 22-32
29 810,000
29 805,065
99,98 %
4,935
ES
ANF/07.
Anglerfish
VII
2 971,400
2 868,090
96,52 %
103,310
ES
ANF/8ABDE.
Anglerfish
VIIIa, VIIIb, VIIId and VIIIe
1 070,400
1 019,850
95,28 %
50,550
ES
ANF/8C3411
Anglerfish
VIIIc, IX and X; Union waters of CECAF 34.1.1
2 121,690
1 816,280
85,61 %
212,169
ES
GFB/567-
Greater forkbeard
EU and international waters of V, VI and VII
588,220
568,360
19,830
99,99 %
0,030
ES
GHL/2A-C46
Greenland halibut
Union waters of IIa and IV, Union and international waters of Vb and VI
13,200
0,110
0,83 %
1,320
ES
HAD/6B1214
Haddock
Union and international waters of VIb, XII and XIV
3,300
0 %
0,330
ES
HKE/571214
Hake
VI and VII; Union and international waters of Vb; international waters of XII and XIV
12 446,040
11 941,040
95,94 %
505,000
ES
HKE/8ABDE.
Hake
VIIIa, VIIIb, VIIId and VIIIe
8 631,140
6 619,750
1 709,730
96,50 %
301,660
ES
HKE/8C3411
Hake
VIIIc, IX and X; Union waters of CECAF 34.1.1
9 882,200
7 099,500
71,84 %
988,220
ES
JAX/08C.
Horse mackerel and associated by-catches
VIIIc
23 628,510
18 787,770
79,51 %
2 362,851
ES
JAX/09.
Horse mackerel and associated by-catches
IX
10 840,780
10 127,150
93,42 %
713,630
ES
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
7 075,130
5 880,240
83,11 %
707,513
ES
LEZ/07.
Megrims
VII
5 437,900
4 539,310
83,48 %
543,790
ES
LEZ/56-14
Megrims
Union and international waters of Vb; VI; international waters of XII and XIV
427,400
212,710
49,77 %
42,740
ES
LEZ/8ABDE.
Megrims
VIIIa, VIIIb, VIIId and VIIIe
685,100
581,130
84,82 %
68,510
ES
LEZ/8C3411
Megrims
VIIIc, IX and X; Union waters of CECAF 34.1.1
1 158,770
735,070
63,44 %
115,877
ES
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
2 456,700
1 621,160
65,99 %
245,670
ES
MAC/8C3411
Mackerel
VIIIc, IX and X; Union waters of CECAF 34.1.1
20 223,800
15 444,990
620,400
79,44 %
2 022,380
ES
NEP/07.
Norway lobster
VII
1 498,480
76,510
132,180
13,93 %
149,848
ES
NEP/08C.
Norway lobster
VIIIc
68,700
21,950
31,95 %
6,870
ES
NEP/5BC6.
Norway lobster
VI; Union and international waters of Vb
37,200
0,060
0,16 %
3,720
ES
NEP/8ABDE.
Norway lobster
VIIIa, VIIIb, VIIId and VIIIe
131,200
0,570
0,43 %
13,120
ES
NEP/9/3411
Norway lobster
IX and X; Union waters of CECAF 34.1.1
36,850
31,340
85,05 %
3,685
ES
POK/56-14
Saithe
VI; Union and international waters of Vb, XII and XIV
23,000
21,190
92,13 %
1,810
ES
RNG/5B67-
Roundnose grenadier
EU and international waters of Vb, VI, VII
111,060
110,900
99,86 %
0,160
ES
RNG/8X14-
Roundnose grenadier
EU and international waters of VIII, IX, X, XII and XIV
3 650,020
2 417,700
202,060
71,77 %
365,002
ES
SBR/09-
Red Seabream
EU and international waters of IX
682,500
111,530
52,720
24,07 %
68,250
ES
SBR/10-
Red Seabream
EU and international waters of X
10,000
0,510
5,10 %
1,000
ES
SBR/678-
Red Seabream
EU and international waters of VI, VII and VIII
118,230
118,170
99,95 %
0,060
ES
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
1 587,170
74,530
4,70 %
158,717
ES
WHB/8C3411
Blue whiting
VIIIc, IX and X; Union waters of CECAF 34.1.1
21 487,890
14 538,070
67,66 %
2 148,789
ES
WHG/56-14
Whiting
VI, Union and international waters of Vb, international waters of XII and XIV
1,100
0 %
0,110
ES
WHG/7X7A-C
Whiting
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
11,200
4,190
37,41 %
1,120
FI
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
1 250,090
434,391
34,75 %
125,009
FI
HER/30/31.
Herring
Subdivisions 30-31
105 843,500
103 546,210
97,83 %
2 297,290
FI
HER/3D-R30
Herring
Union waters of Subdivisions 25-27, 28.2, 29 and 32
19 556,000
18 052,464
92,31 %
1 503,536
FI
SPR/3BCD-C
Sprat
Union waters of Subdivisions 22-32
11 442,000
11 074,842
96,79 %
367,158
FR
ALF/3X14-
Alfonsinos
EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV
31,200
19,300
61,86 %
3,120
FR
ANF/07.
Anglerfish
VII
17 267,500
14 859,400
86,05 %
1 726,750
FR
ANF/2AC4-C
Anglerfish
Union waters of IIa and IV
70,200
17,600
25,07 %
7,020
FR
ANF/8ABDE.
Anglerfish
VIIIa, VIIIb, VIIId and VIIIe
7 397,600
6 154,300
83,19 %
739,760
FR
ANF/8C3411
Anglerfish
VIIIc, IX and X; Union waters of CECAF 34.1.1
49,500
38,400
77,58 %
4,950
FR
ARU/1/2.
Greater silver smelt
Union and international waters of I and II
8,900
0,200
2,25 %
0,890
FR
ARU/34-C
Greater silver smelt
Union waters of III and IV
7,800
1,800
23,08 %
0,780
FR
ARU/567.
Greater silver smelt
Union and international waters of V, VI and VII
7,800
0 %
0,780
FR
BLI/5B67-
Blue ling
Union and international waters of Vb, VI, VII
2 239,640
1 694,000
75,64 %
223,964
FR
BSF/56712-
Black scabbardfish
EU and international waters of V, VI, VII and XII
2 887,090
2 167,100
75,06 %
288,709
FR
BSF/8910-
Black scabbardfish
EU and international waters of VIII, IX and X
31,900
7,400
23,20 %
3,190
FR
COD/07A.
Cod
VIIa
11,600
0,500
4,31 %
1,160
FR
COD/07D.
Cod
VIId
1 414,400
642,300
45,41 %
141,440
FR
COD/7XAD34
Cod
VIIb, VIIc, VIIe-k, VIII, IX and X, Union waters of CECAF 34.1.1
8 182,100
4 016,200
49,09 %
818,210
FR
GFB/1012-
Greater forkbeard
EU and international waters of X and XII
10,000
0 %
1,000
FR
GFB/1234-
Greater forkbeard
EU and international waters of I, II, III and IV
10,000
0,600
6,00 %
1,000
FR
GFB/567-
Greater forkbeard
EU and international waters of V, VI and VII
727,000
438,100
17,300
62,64 %
72,700
FR
GFB/89-
Greater forkbeard
EU and international waters of VIII and IX
16,000
10,100
63,13 %
1,600
FR
GHL/2A-C46
Greenland halibut
Union waters of IIa and IV, Union and international waters of Vb and VI
598,400
305,600
51,07 %
59,840
FR
HAD/07A.
Haddock
VIIa
95,900
0,700
0,73 %
9,590
FR
HAD/2AC4.
Haddock
IV; Union waters of IIa
256,700
179,000
69,73 %
25,670
FR
HAD/5BC6A.
Haddock
Union and international waters of Vb and VIa
103,100
51,700
50,15 %
10,310
FR
HAD/6B1214
Haddock
Union and international waters of VIb, XII and XIV
149,800
0 %
14,980
FR
HAD/7X7A34
Haddock
VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1
8 878,000
8 778,600
98,88 %
99,400
FR
HER/5B6ANB
Herring
Union and international waters of Vb, VIb and VIaN
590,200
586,600
99,39 %
3,600
FR
HER/7G-K.
Herring
VIIg, VIIh, VIIj and VIIk
1 200,400
0,900
0,07 %
120,040
FR
HKE/2AC4-C
Hake
Union waters of IIa and IV
1 032,750
800,800
77,54 %
103,275
FR
HKE/571214
Hake
VI and VII; Union and international waters of Vb; international waters of XII and XIV
17 925,400
16 129,600
89,98 %
1 792,540
FR
HKE/8ABDE.
Hake
VIIIa, VIIIb, VIIId and VIIIe
18 839,000
13 633,600
72,37 %
1 883,900
FR
HKE/8C3411
Hake
VIIIc, IX and X; Union waters of CECAF 34.1.1
951,700
368,700
38,74 %
95,170
FR
JAX/08C.
Horse mackerel and associated by-catches
VIIIc
411,100
9,800
2,38 %
41,110
FR
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
12 410,200
6 461,500
54,48 %
1 241,020
FR
LEZ/07.
Megrims
VII
6 633,800
3 679,500
55,47 %
663,380
FR
LEZ/2AC4-C
Megrims
Union waters of IIa and IV
35,200
6,800
19,32 %
3,520
FR
LEZ/56-14
Megrims
Union and international waters of Vb; VI; international waters of XII and XIV
1 665,600
95,600
5,74 %
166,560
FR
LEZ/8ABDE.
Megrims
VIIIa, VIIIb, VIIId and VIIIe
1 194,700
849,700
71,12 %
119,470
FR
LEZ/8C3411
Megrims
VIIIc, IX and X; Union waters of CECAF 34.1.1
62,100
12,900
20,77 %
6,210
FR
LIN/04-C.
Ling
Union waters of IV
133,900
103,800
77,52 %
13,390
FR
LIN/1/2.
Ling
Union and international waters of I and II
8,900
7,400
83,15 %
0,890
FR
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
2 678,200
2 215,400
82,72 %
267,820
FR
MAC/2A34.
Mackerel
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
1 725,200
1 341,900
77,78 %
172,520
FR
MAC/2CX14-
Mackerel
VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV
16 821,900
13 367,400
1 322,300
87,32 %
1 682,190
FR
MAC/8C3411
Mackerel
VIIIc, IX and X; Union waters of CECAF 34.1.1
1 037,100
221,300
642,700
83,31 %
103,710
FR
NEP/07.
Norway lobster
VII
5 725,600
671,800
11,73 %
572,560
FR
NEP/08C.
Norway lobster
VIIIc
14,600
0,500
3,42 %
1,460
FR
NEP/2AC4-C
Norway lobster
Union waters of IIa and IV
30,800
0 %
3,080
FR
NEP/5BC6.
Norway lobster
VI; Union and international waters of Vb
147,700
0 %
14,770
FR
NEP/8ABDE.
Norway lobster
VIIIa, VIIIb, VIIId and VIIIe
4 195,500
2 430,900
57,94 %
419,550
FR
PLE/07A.
Plaice
VIIa
20,000
0,300
1,50 %
2,000
FR
PLE/7DE.
Plaice
VIId and VIIe
3 152,400
2 358,200
74,81 %
315,240
FR
PLE/7HJK.
Plaice
VIIh, VIIj and VIIk
50,300
48,600
96,62 %
1,700
FR
POK/56-14
Saithe
VI; Union and international waters of Vb, XII and XIV
4 794,000
3 805,600
79,38 %
479,400
FR
RNG/5B67-
Roundnose grenadier
EU and international waters of Vb, VI, VII
4 038,720
993,700
24,60 %
403,872
FR
RNG/8X14-
Roundnose grenadier
EU and international waters of VIII, IX, X, XII and XIV
133,900
0,200
0,15 %
13,390
FR
SBR/678-
Red Seabream
EU and international waters of VI, VII and VIII
78,500
51,200
65,22 %
7,850
FR
SOL/07D.
Common sole
VIId
3 505,600
2 864,500
81,71 %
350,560
FR
SOL/07E.
Common sole
VIIe
354,100
321,100
90,68 %
33,000
FR
SOL/24-C.
Common sole
Union waters of II and IV
947,100
680,100
71,81 %
94,710
FR
SOL/7FG.
Common sole
VIIf and VIIg
63,500
48,800
76,85 %
6,350
FR
SOL/7HJK.
Common sole
VIIh, VIIj and VIIk
106,800
76,000
71,16 %
10,680
FR
SOL/8AB.
Common sole
VIIIa and VIIIb
4 120,400
3 879,200
94,15 %
241,200
FR
USK/04-C.
Tusk
Union waters of IV
47,700
10,900
22,85 %
4,770
FR
USK/1214EI
Tusk
Union and international waters of I, II and XIV
7,700
6,900
89,61 %
0,770
FR
USK/567EI.
Tusk
Union and international waters of V, VI and VII
625,040
228,200
36,51 %
62,504
FR
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
8 319,000
7 181,600
86,33 %
831,900
FR
WHG/07A.
Whiting
VIIa
3,300
0,600
18,18 %
0,330
FR
WHG/56-14
Whiting
VI, Union and international waters of Vb, international waters of XII and XIV
39,000
1,400
3,59 %
3,900
FR
WHG/7X7A-C
Whiting
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
15 078,900
6 997,700
46,41 %
1 507,890
IE
ALF/3X14-
Alfonsinos
EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV
1,100
0 %
0,110
IE
ANF/07.
Anglerfish
VII
3 523,950
3 172,717
90,03 %
351,233
IE
ARU/34-C
Greater silver smelt
Union waters of III and IV
7,800
0 %
0,780
IE
ARU/567.
Greater silver smelt
Union and international waters of V, VI and VII
338,800
0 %
33,880
IE
BLI/5B67-
Blue ling
Union and international waters of Vb, VI, VII
0,500
0,480
96,00 %
0,020
IE
BSF/56712-
Black scabbardfish
EU and international waters of V, VI, VII and XII
0,100
0 %
0,010
IE
COD/07A.
Cod
VIIa
175,100
159,692
91,20 %
15,408
IE
COD/7XAD34
Cod
VIIb, VIIc, VIIe-k, VIII, IX and X, Union waters of CECAF 34.1.1
1 612,010
1 452,085
90,08 %
159,925
IE
GFB/567-
Greater forkbeard
EU and international waters of V, VI and VII
26,700
17,567
65,79 %
2,670
IE
HAD/07A.
Haddock
VIIa
541,640
491,903
90,82 %
49,737
IE
HAD/5BC6A.
Haddock
Union and international waters of Vb and VIa
777,260
746,274
96,01 %
30,986
IE
HAD/6B1214
Haddock
Union and international waters of VIb, XII and XIV
105,400
105,358
99,96 %
0,042
IE
HER/07A/MM
Herring
VIIa
2,500
0 %
0,250
IE
HER/1/2-
Herring
Union, Norwegian and international waters of I and II
3 755,230
3 593,584
95,70 %
161,646
IE
HER/5B6ANB
Herring
Union and international waters of Vb, VIb and VIaN
3 739,510
3 025,655
80,91 %
373,951
IE
HER/7G-K.
Herring
VIIg, VIIh, VIIj and VIIk
16 643,450
14 790,997
88,87 %
1 664,345
IE
HKE/571214
Hake
VI and VII; Union and international waters of Vb; international waters of XII and XIV
1 972,160
1 772,351
89,87 %
197,216
IE
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
41 195,510
37 398,143
90,78 %
3 797,367
IE
LEZ/07.
Megrims
VII
3 386,900
3 053,295
90,15 %
333,605
IE
LEZ/56-14
Megrims
Union and international waters of Vb; VI; international waters of XII and XIV
487,300
384,113
78,82 %
48,730
IE
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
692,520
619,345
89,43 %
69,252
IE
MAC/2CX14-
Mackerel
VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV
57 443,250
43 079,934
13 523,407
98,54 %
839,909
IE
NEP/*07U16
Norway lobster
VII (Porcupine Bank — Unit 16)
771,400
654,000
84,78 %
77,140
IE
NEP/07.
Norway lobster
VII
9 352,420
7 762,505
654,000
89,99 %
935,242
IE
NEP/5BC6.
Norway lobster
VI; Union and international waters of Vb
247,100
6,106
2,47 %
24,710
IE
PLE/07A.
Plaice
VIIa
1 047,800
102,697
9,80 %
104,780
IE
POK/56-14
Saithe
VI; Union and international waters of Vb, XII and XIV
465,000
312,944
67,30 %
46,500
IE
RNG/5B67-
Roundnose grenadier
EU and international waters of Vb, VI, VII
27,700
0 %
2,770
IE
RNG/8X14-
Roundnose grenadier
EU and international waters of VIII, IX, X, XII and XIV
5,700
0 %
0,570
IE
SOL/7HJK.
Common sole
VIIh, VIIj and VIIk
170,400
85,414
50,13 %
17,040
IE
USK/567EI.
Tusk
Union and international waters of V, VI and VII
14,300
1,865
13,04 %
1,430
IE
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
14 671,780
13 205,392
90,01 %
1 466,388
IE
WHG/07A.
Whiting
VIIa
47,910
44,360
92,59 %
3,550
IE
WHG/56-14
Whiting
VI, Union and international waters of Vb, international waters of XII and XIV
92,370
72,363
78,34 %
9,237
IE
WHG/7X7A-C
Whiting
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
7 668,960
6 902,221
90,00 %
766,739
LT
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
4 353,400
1 743,276
40,04 %
435,340
LT
HER/3D-R30
Herring
Union waters of Subdivisions 25-27, 28.2, 29 and 32
2 663,000
2 478,427
93,07 %
184,573
LT
SPR/3BCD-C
Sprat
Union waters of Subdivisions 22-32
10 355,000
10 353,744
99,99 %
1,256
LV
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
6 283,000
2 441,400
38,86 %
628,300
LV
HER/03D.RG
Herring
Subdivision 28.1
18 463,000
18 462,300
100 %
0,700
NL
ANF/07.
Anglerfish
VII
15,200
0,501
3,30 %
1,520
NL
ANF/2AC4-C
Anglerfish
Union waters of IIa and IV
274,100
23,815
8,69 %
27,410
NL
ARU/1/2.
Greater silver smelt
Union and international waters of I and II
20,700
0 %
2,070
NL
ARU/34-C
Greater silver smelt
Union waters of III and IV
46,900
0 %
4,690
NL
ARU/567.
Greater silver smelt
Union and international waters of V, VI and VII
3 147,100
1 430,210
45,45 %
314,710
NL
COD/07A.
Cod
VIIa
1,000
0 %
0,100
NL
COD/07D.
Cod
VIId
46,030
36,978
80,33 %
4,603
NL
COD/7XAD34
Cod
VIIb, VIIc, VIIe-k, VIII, IX and X, Union waters of CECAF 34.1.1
2,600
0,922
35,46 %
0,260
NL
GFB/567-
Greater forkbeard
EU and international waters of V, VI and VII
149,000
0 %
14,900
NL
HAD/07A.
Haddock
VIIa
0,200
0 %
0,020
NL
HAD/2AC4.
Haddock
IV; Union waters of IIa
184,790
169,231
91,58 %
15,559
NL
HAD/7X7A34
Haddock
VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1
23,000
21,136
91,90 %
1,864
NL
HER/1/2-
Herring
Union, Norwegian and international waters of I and II
5 479,850
5 425,883
10,620
99,21 %
43,347
NL
HER/5B6ANB
Herring
Union and international waters of Vb, VIb and VIaN
2 370,260
2 130,949
89,90 %
237,026
NL
HER/7G-K.
Herring
VIIg, VIIh, VIIj and VIIk
865,370
314,834
36,38 %
86,537
NL
HKE/2AC4-C
Hake
Union waters of IIa and IV
81,020
42,102
51,96 %
8,102
NL
HKE/571214
Hake
VI and VII; Union and international waters of Vb; international waters of XII and XIV
238,150
76,346
1,177
32,55 %
23,815
NL
HKE/8ABDE.
Hake
VIIIa, VIIIb, VIIId and VIIIe
24,800
6,700
27,02 %
2,480
NL
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
64 263,580
52 455,973
2450,424
85,44 %
6 426,358
NL
LEZ/2AC4-C
Megrims
Union waters of IIa and IV
27,600
15,124
54,80 %
2,760
NL
LIN/04-C.
Ling
Union waters of IV
5,600
0 %
0,560
NL
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
0,300
0,100
33,33 %
0,030
NL
MAC/2A34.
Mackerel
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
1 488,500
741,559
598,041
90,00 %
148,900
NL
MAC/2CX14-
Mackerel
VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV
19 082,230
13 711,312
3 462,695
90,00 %
1 908,223
NL
NEP/2AC4-C
Norway lobster
Union waters of IIa and IV
1 219,270
862,899
70,77 %
121,927
NL
NEP/5BC6.
Norway lobster
VI; Union and international waters of Vb
18,000
0 %
1,800
NL
PLE/07A.
Plaice
VIIa
0,100
0 %
0,010
NL
PRA/2AC4-C
Northern prawn
Union waters of IIa and IV
41,900
0 %
4,190
NL
SOL/24-C.
Common sole
Union waters of II and IV
11 127,000
9 910,051
89,06 %
1 112,700
NL
SOL/3A/BCD
Common sole
IIIa; Union waters of Subdivisions 22-32
18,900
0 %
1,890
NL
SOL/7HJK.
Common sole
VIIh, VIIj and VIIk
59,040
0 %
5,904
NL
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
57 308,710
51 536,926
16,221
89,96 %
5 730,871
NL
WHG/7X7A-C
Whiting
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
972,250
736,710
75,77 %
97,225
PL
BSF/56712-
Black scabbardfish
EU and international waters of V, VI, VII and XII
38,500
0 %
3,850
PL
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
19 438,400
11 794,652
60,68 %
1 943,840
PT
BSF/8910-
Black scabbardfish
EU and international waters of VIII, IX and X
3 784,690
2 484,400
65,64 %
378,469
PT
GFB/1012-
Greater forkbeard
EU and international waters of X and XII
40,000
6,400
16,00 %
4,000
PT
HKE/8C3411
Hake
VIIIc, IX and X; Union waters of CECAF 34.1.1
4 624,560
3 191,100
69,00 %
462,456
PT
JAX/08C.
Horse mackerel and associated by-catches
VIIIc
2 281,270
1 778,700
77,97 %
228,127
PT
JAX/09.
Horse mackerel and associated by-catches
IX
22 413,800
20 088,700
89,63 %
2 241,380
PT
LEZ/8C3411
Megrims
VIIIc, IX and X; Union waters of CECAF 34.1.1
106,200
81,300
76,55 %
10,620
PT
NEP/9/3411
Norway lobster
IX and X; Union waters of CECAF 34.1.1
204,500
202,200
98,88 %
2,300
PT
SBR/09-
Red Seabream
EU and international waters of IX
184,200
109,800
59,61 %
18,420
PT
SBR/10-
Red Seabream
EU and international waters of X
1 128,000
571,700
50,68 %
112,800
SE
COD/3DX32.
Cod
EU waters of Subdivisions 25-32
16 032,100
5 287,710
32,98 %
1 603,210
SE
HAD/2AC4.
Haddock
IV; Union waters of IIa
28,500
17,570
61,65 %
2,850
SE
HER/1/2-
Herring
Union, Norwegian and international waters of I and II
57,340
50,550
88,16 %
5,734
SE
HER/30/31.
Herring
Subdivisions 30-31
11 892,500
10 937,740
91,97 %
954,760
SE
HER/3D-R30
Herring
Union waters of Subdivisions 25-27, 28.2, 29 and 32
29 272,000
28 830,000
98,49 %
442,000
SE
HKE/3A/BCD
Hake
IIIa; Union waters of Subdivisions 22-32
178,400
27,060
15,17 %
17,840
SE
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
677,300
0 %
67,730
SE
LIN/04-C.
Ling
Union waters of IV
11,100
0,240
2,16 %
1,110
SE
LIN/3A/BCD
Ling
IIIa; Union waters of IIIbcd
27,300
11,700
42,86 %
2,730
SE
MAC/2A34.
Mackerel
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
2 941,540
2 101,050
829,280
99,62 %
11,210
SE
NEP/3A/BCD
Norway lobster
IIIa; Union waters of Subdivisions 22-32
1 538,400
1 124,740
73,11 %
153,840
SE
PRA/2AC4-C
Northern prawn
Union waters of IIa and IV
101,300
0 %
10,130
SE
SOL/3A/BCD
Common sole
IIIa; Union waters of Subdivisions 22-32
57,340
54,250
94,61 %
3,090
SE
SPR/3BCD-C
Sprat
Union waters of Subdivisions 22-32
50 490,000
50 489,430
100,00 %
0,570
SE
USK/04-C.
Tusk
Union waters of IV
6,600
0 %
0,660
SE
USK/3A/BCD
Tusk
IIIa; Union waters of Subdivisions 22-32
7,700
1,030
13,38 %
0,770
SE
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
29,710
26,710
89,90 %
2,971
UK
ALF/3X14-
Alfonsinos
EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV
11,100
1,400
12,61 %
1,110
UK
ANF/07.
Anglerfish
VII
6 533,860
6 152,200
197,500
97,18 %
184,160
UK
ANF/2AC4-C
Anglerfish
Union waters of IIa and IV
7 893,800
4 778,900
314,100
64,52 %
789,380
UK
ARU/1/2.
Greater silver smelt
Union and international waters of I and II
43,600
0 %
4,360
UK
ARU/34-C
Greater silver smelt
Union waters of III and IV
17,900
0 %
1,790
UK
ARU/567.
Greater silver smelt
Union and international waters of V, VI and VII
45,700
0 %
4,570
UK
BLI/5B67-
Blue ling
Union and international waters of Vb, VI, VII
253,560
203,600
80,30 %
25,356
UK
BSF/56712-
Black scabbardfish
EU and international waters of V, VI, VII and XII
76,860
56,900
74,03 %
7,686
UK
COD/07A.
Cod
VIIa
120,400
107,400
89,20 %
12,040
UK
COD/07D.
Cod
VIId
179,150
99,800
55,71 %
17,915
UK
COD/7XAD34
Cod
VIIb, VIIc, VIIe-k, VIII, IX and X, Union waters of CECAF 34.1.1
883,500
548,100
62,04 %
88,350
UK
GFB/1012-
Greater forkbeard
EU and international waters of X and XII
10,000
0 %
1,000
UK
GFB/1234-
Greater forkbeard
EU and international waters of I, II, III and IV
14,500
2,100
14,48 %
1,450
UK
GFB/567-
Greater forkbeard
EU and international waters of V, VI and VII
679,100
251,300
37,00 %
67,910
UK
GHL/2A-C46
Greenland halibut
Union waters of IIa and IV, Union and international waters of Vb and VI
535,000
344,500
64,39 %
53,500
UK
HAD/07A.
Haddock
VIIa
615,000
154,400
25,11 %
61,500
UK
HAD/2AC4.
Haddock
IV; Union waters of IIa
33 209,290
29 446,500
3 498,100
99,20 %
264,690
UK
HAD/5BC6A.
Haddock
Union and international waters of Vb and VIa
3 926,500
3 875,900
98,71 %
50,600
UK
HAD/6B1214
Haddock
Union and international waters of VIb, XII and XIV
1 097,800
595,400
54,24 %
109,780
UK
HER/07A/MM
Herring
VIIa
5 012,700
5 000,200
99,75 %
12,500
UK
HER/5B6ANB
Herring
Union and international waters of Vb, VIb and VIaN
16 314,850
15 734,300
96,44 %
580,550
UK
HER/7G-K.
Herring
VIIg, VIIh, VIIj and VIIk
23,800
1,200
5,04 %
2,380
UK
HKE/2AC4-C
Hake
Union waters of IIa and IV
1 838,900
1 658,000
90,16 %
180,900
UK
HKE/571214
Hake
VI and VII; Union and international waters of Vb; international waters of XII and XIV
6 527,800
5 224,300
86,300
81,35 %
652,780
UK
JAX/2A-14
Horse mackerel and associated by-catches
Union waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV
7 909,400
6 788,600
85,83 %
790,940
UK
LEZ/07.
Megrims
VII
3 212,050
3 055,400
95,12 %
156,650
UK
LEZ/2AC4-C
Megrims
Union waters of IIa and IV
2 043,600
1 686,900
82,55 %
204,360
UK
LEZ/56-14
Megrims
Union and international waters of Vb; VI; international waters of XII and XIV
1 179,300
527,400
44,72 %
117,930
UK
LIN/04-C.
Ling
Union waters of IV
2 172,400
2 069,100
95,24 %
103,300
UK
LIN/1/2.
Ling
Union and international waters of I and II
8,900
0,800
8,99 %
0,890
UK
LIN/6X14.
Ling
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
2 872,800
2 365,700
82,35 %
287,280
UK
MAC/2A34.
Mackerel
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
1 364,600
795,400
546,700
98,35 %
22,500
UK
NEP/07.
Norway lobster
VII
7 740,000
6 872,000
118,200
90,31 %
749,800
UK
NEP/2AC4-C
Norway lobster
Union waters of IIa and IV
15 949,850
8 423,600
52,81 %
1 594,985
UK
NEP/5BC6.
Norway lobster
VI; Union and international waters of Vb
17 698,500
12 826,800
72,47 %
1 769,850
UK
PLE/07A.
Plaice
VIIa
519,600
90,000
17,32 %
51,960
UK
PLE/7DE.
Plaice
VIId and VIIe
1 822,400
1 680,400
92,21 %
142,000
UK
POK/56-14
Saithe
VI; Union and international waters of Vb, XII and XIV
4 485,830
3 647,500
81,31 %
448,583
UK
PRA/2AC4-C
Northern prawn
Union waters of IIa and IV
730,700
0,200
0,03 %
73,070
UK
RNG/5B67-
Roundnose grenadier
EU and international waters of Vb, VI, VII
192,900
6,000
3,11 %
19,290
UK
RNG/8X14-
Roundnose grenadier
EU and international waters of VIII, IX, X, XII and XIV
11,400
0 %
1,140
UK
SBR/10-
Red Seabream
EU and international waters of X
10,100
0 %
1,010
UK
SBR/678-
Red Seabream
EU and international waters of VI, VII and VIII
5,400
0,400
7,41 %
0,540
UK
SOL/07D.
Common sole
VIId
1 233,200
604,900
49,05 %
123,320
UK
SOL/07E.
Common sole
VIIe
581,300
536,900
92,36 %
44,400
UK
SOL/24-C.
Common sole
Union waters of II and IV
976,200
857,800
87,87 %
97,620
UK
SOL/7HJK.
Common sole
VIIh, VIIj and VIIk
74,800
46,600
62,30 %
7,480
UK
USK/04-C.
Tusk
Union waters of IV
105,300
74,600
70,85 %
10,530
UK
USK/567EI.
Tusk
Union and international waters of V, VI and VII
264,760
77,800
29,39 %
26,476
UK
WHB/1X14
Blue whiting
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
14 939,800
13 498,600
90,35 %
1 441,200
UK
WHG/07A.
Whiting
VIIa
31,700
20,200
63,72 %
3,170
UK
WHG/56-14
Whiting
VI, Union and international waters of Vb, international waters of XII and XIV
164,100
118,500
72,21 %
16,410
UK
WHG/7X7A-C
Whiting
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
2 095,000
1 379,600
65,85 %
209,500
(1) Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 20(5) of Council Regulation (EC) No 2371/2002 (OJ L 358, 31.12.2002, p. 59), quota transfers in accordance with Article 4(2) of Regulation (EC) No 847/96 and/or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Council Regulation (EC) No 1224/2009 (OJ L 343, 22.12.2009, p. 1). |
12.3.2014
EN
Official Journal of the European Union
L 72/1
REGULATION (EU) No 223/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2014
on the Fund for European Aid to the Most Deprived
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 175(3) 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),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1)
In line with the conclusions of the European Council of 17 June 2010, whereby the Union strategy for smart, sustainable and inclusive growth ('Europe 2020 strategy') was adopted, the Union and the Member States have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020. Nonetheless, in 2011, nearly one quarter of people living in the Union (119,82 million) were at risk of poverty or social exclusion, approximately 4 million people more than in the previous year. However, poverty and social exclusion are not uniform across the Union and their gravity varies between the Member States.
(2)
The number of persons suffering from material, or even severe material, deprivation in the Union is increasing and in 2011 nearly 8,8 % of Union citizens lived in conditions of severe material deprivation. In addition, those persons are often too excluded to benefit from the activation measures of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (4), and, in particular of Regulation (EU) No 1304/2013 of the European Parliament and of the Council (5).
(3)
Member States and the Commission should take appropriate steps to prevent any discrimination and should ensure equality between men and women and the coherent integration of the gender perspective at all stages of the preparation, the programming, management and implementation, the monitoring and the evaluation of the a Fund for European Aid to the Most Deprived (the 'Fund'), as well as in information and awareness raising campaigns and the exchange of best practices.
(4)
Article 2 of the Treaty on European Union (TEU) emphasises that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
(5)
Article 6 TEU emphasises that the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union.
(6)
Article 174 of the Treaty on the Functioning of the European Union (TFEU) provides that in order to promote its overall harmonious development, the Union is to develop and pursue actions leading to the strengthening of its economic, social and territorial cohesion.
(7)
The Fund should strengthen social cohesion by contributing to the reduction of poverty, and ultimately the eradication of the worst forms of poverty, in the Union by supporting national schemes that provide non-financial assistance to alleviate food and severe material deprivation and/or contribute to the social inclusion of the most deprived persons. The Fund should alleviate the forms of extreme poverty with the greatest social exclusion impact, such as homelessness, child poverty and food deprivation.
(8)
The Fund is not meant to replace public policies undertaken by the Member States to fight poverty and social exclusion, in particular policies which are necessary to prevent the marginalisation of vulnerable and low-income groups and to avert the increased risk of poverty and social exclusion.
(9)
Under Article 317 TFEU, and in the context of shared management, the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the Union should be specified and the responsibilities in terms of cooperation by the Member States clarified. Those conditions should enable the Commission to obtain assurance that Member States are using the Fund in a legal and regular manner and in accordance with the principle of sound financial management within the meaning of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6) ('the Financial Regulation').
(10)
Those provisions also ensure that the operations supported shall comply with applicable Union and related national law which directly or indirectly implements this Regulation, as well as policies, in particular as regards the safety of food and/or basic material assistance distributed to the most deprived persons.
(11)
The allocation of the appropriations of the Fund between the Member States for the 2014-2020 period takes into account in equal measure the following indicators assessed on the basis of data from Eurostat on the population suffering from severe material deprivation and the population living in households with very low work intensity. Furthermore, the allocation also takes into account the different ways of assisting the most deprived persons in the Member States. However, each Member State should be allocated the minimum amount of 3 500 000 EUR for the 2014-2020 programming period in order to set an operational programme with a meaningful level of resources.
(12)
The Member State's allocation for the Fund should be deducted from the Member State Structural Funds allocation.
(13)
The operational programmes of Member States should identify and justify the forms of food and/or material deprivation to be addressed and/or social inclusion activities to be supported, and should describe features of the assistance to the most deprived persons that will be provided through the Fund's support for national schemes. It should also include elements necessary to ensure the effective and efficient implementation of the operational programmes.
(14)
Severe food deprivation in the Union coincides with significant food wastage. In this respect, the Fund should facilitate food donations, where appropriate. However, this is without prejudging the need to remove existing obstacles in order to encourage donations of excess food for the purposes of combating food deprivation.
(15)
With a view to ensuring the effective and efficient implementation of the measures financed from the Fund, Member States should, where appropriate, promote cooperation between regional and local authorities and bodies representing civil society and the participation by all those involved in drawing up and implementing activities financed from the Fund.
(16)
In order to maximise the effectiveness of the Fund, in particular as regards possible changes in the national circumstances, it is appropriate to establish a procedure to amend an operational programme.
(17)
The partnership principle should apply in order to respond in the most effective and adequate manner to the various needs and to better reach out to the most deprived persons.
(18)
Exchanges of experience and best practices have a significant added value because they facilitate mutual learning. The Commission should facilitate and promote their dissemination, while seeking synergies with the exchange of best practices in the context of related Funds, in particular the European Social Fund (ESF).
(19)
In order to monitor the progress of implementation of operational programmes, Member States should draw up and provide to the Commission annual and final implementation reports. This should ensure the availability of essential and up-to-date information for those operational programmes. For the same purposes, the Commission and each Member State should meet every year to carry out a review, unless they agree otherwise. Relevant stakeholders should be involved in the monitoring in an appropriate way.
(20)
In order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the Fund, ex ante and ex post evaluations should be carried out. Those evaluations should be based upon relevant data and supplemented, where relevant, by surveys on the most deprived persons who have benefited from the operational programme and, if necessary, by evaluations during the programming period. Those evaluations should also respect the privacy of end recipients and be carried out in such a way as not to stigmatise the most deprived persons. The responsibilities of Member States and the Commission in this respect should be specified.
(21)
In evaluating the Fund and in developing the evaluation methodology it should be borne in mind that deprivation is a complex concept of a multi-dimensional nature.
(22)
Citizens have the right to know how the Union's financial resources are invested and to what effect. For the purpose of ensuring wide dissemination of information about the achievements of the Fund and to ensure accessibility and transparency of funding opportunities, detailed rules about information and communication, especially in relation to the responsibilities of the beneficiaries, the Member States and, where relevant, local and regional authorities should be established.
(23)
Union law concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council (7) is applicable.
(24)
It is necessary to establish a maximum level of co-financing from the Fund to the operational programmes to provide for a multiplier effect of Union resources. In addition the situation of Member States facing temporary budget difficulties should be addressed.
(25)
Uniform, simple and equitable rules on the eligibility period, operations and expenditures for the Fund should be applied across the Union. The conditions of eligibility should reflect the specific nature of the Fund's objectives and target populations, in particular through adequate and simplified conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement.
(26)
Taking into account the date by which invitations to tender have to be issued, the time limits for adoption of this Regulation and the time needed for the preparation of operational programmes, rules should be put in place to permit a smooth transition so that there is no interruption in the supply of food aid. To this end, it is appropriate to allow eligibility of expenditure from 1 December 2013.
(27)
Regulation (EU) No 1308/2013 of the European Parliament and of the Council (8) provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union if that scheme so provides. Given that, depending on the circumstances, obtaining food from the use, processing or sale of those products is the most economically favourable option, it is appropriate to provide for such a possibility in this Regulation. The amounts derived from a transaction concerning such products should be used for the benefit of the most deprived persons. Those amounts should not be applied so as to diminish the obligation of the Member States to co-finance the programme. To ensure the most efficient possible use of those products and their proceeds, the Commission should adopt implementing acts in accordance with Regulation (EU) No 1308/2013 establishing procedures by which those products may be used, processed or sold for the purposes of the most deprived persons programme.
(28)
It is necessary to specify the types of actions that can be undertaken at the initiative of the Commission and of the Member States as technical assistance supported by the Fund. The Commission should consult the Member States and representatives of partner organisations at Union level for this purpose.
(29)
In accordance with the principle of shared management, Member States and the Commission should be responsible for the management and control of programmes. Member States should have the primary responsibility, through their management and control system, for the implementation and control of their operational programme.
(30)
Member States should adopt adequate measures to guarantee the proper set up and functioning of their management and control systems to give assurance on the legal and regular use of the Fund. The obligations of Member States as regards the management and control systems of their operational programmes, and in relation to the prevention, detection and correction of irregularities and breaches of Union law should therefore be specified.
(31)
Member States should fulfil the management, control and audit obligations and assume the responsibilities as laid down in the rules on shared management set out in this Regulation and in the Financial Regulation. Member States should ensure that, in accordance with the conditions set out in this Regulation, effective arrangements for the examination of complaints in relation to the Fund are in place. In accordance with the principle of subsidiarity, Member States should, upon request of the Commission, examine complaints submitted to the Commission falling within the scope of their arrangements and should inform the Commission of the results of examinations upon request.
(32)
Member States should designate a managing authority, a certifying authority and a functionally independent auditing authority for each operational programme. To provide flexibility for Member States in setting up control systems, it is appropriate to provide for the option for the functions of the certifying authority to be carried out by the managing authority. Member States should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority. Member States should in that case lay down clearly their respective responsibilities and functions.
(33)
The managing authority bears the main responsibility for the effective and efficient implementation of the Fund and thus fulfils a substantial number of functions related to operational programme management and monitoring, financial management and controls as well as project selection. Accordingly, the managing authority's responsibilities and functions should be set out in this Regulation.
(34)
The certifying authority should draw up and submit to the Commission payment applications. It should draw up the accounts, certifying their completeness, accuracy and veracity and that the expenditure entered in the accounts complies with applicable Union and national rules. The certifying authority's responsibilities and functions should be set out in this Regulation.
(35)
The audit authority should ensure that audits are carried out on the management and control systems, on an appropriate sample of operations and on the accounts. The audit authority's responsibilities and functions should be set out in this Regulation. Audits of declared expenditure should be carried out on a representative sample of operations in order to enable the results to be extrapolated. As a general rule, a statistical sampling method should be used in order to provide a reliable representative sample. Nevertheless, audit authorities should be able to use in duly justified circumstances a non-statistical sampling method or substantive testing, provided that the conditions laid down in this Regulation are complied with.
(36)
In order to take account of the specific organisation of the management and control systems for the Fund and the need to ensure a proportionate approach, specific provisions should be laid down in relation to the designation of the managing authority and the certifying authority. In order to avoid an unnecessary administrative burden, the ex ante verification of compliance with the designation criteria indicated in this Regulation should be limited to the managing and certifying authority. There should be no requirement to approve the designation by the Commission. The monitoring of compliance with the designation criteria carried out on the basis of audit and control arrangements should, where results show non-compliance with the criteria, give rise to remedial actions, and possibly to the ending of the designation.
(37)
Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in the framework of this Regulation should be ensured and criteria should be established which allow the Commission to determine, in the context of its strategy of control of national systems, the level of assurance it should obtain from national audit bodies.
(38)
The powers and responsibilities of the Commission with regard to verifying the effective functioning of the management and control systems, and to require Member State action, should be laid down. The Commission should also have the power to carry out on-the-spot audits focused on issues relating to sound financial management in order to draw conclusions on the performance of the Fund.
(39)
Budget commitments of the Union should be effected annually. In order to ensure effective programme management, it is necessary to lay down simple rules for pre-financing, interim requests for payment and the final balance.
(40)
With a view to ensuring reasonable assurance for the Commission prior to the acceptance of accounts, applications for interim payment should be reimbursed at a rate of 90 % of the amount resulting from applying the co-financing rate laid down in the decision adopting the operational programme, to the eligible expenditure. The outstanding amounts due should be paid to the Member States upon acceptance of accounts, provided that the Commission is able to conclude that the accounts are complete, accurate and true.
(41)
A pre-financing payment at the start of the operational programme should ensure that the Member State has the means to provide support to the beneficiaries in the implementation of the operations starting from the adoption of the operational programme. This pre-financing should be used exclusively for this purpose and so that beneficiaries should receive enough funding to start up an operation upon its selection.
(42)
Beneficiaries should receive the support in full no later than 90 days from the date of submission of the payment claim by the beneficiary, subject to the availability of funding from pre-financing and interim payments. The managing authority should be able to interrupt the deadline where supporting documents are incomplete or there is evidence of irregularity requiring further investigation.
(43)
In order to safeguard the Union's financial interests, measures should be provided for that are limited in time that allow the authorising officer by delegation to interrupt payments where there is clear evidence to suggest a significant deficiency in the functioning of the management and control system, evidence of irregularities linked to a request for payment, or a failure to submit documents for the purpose of the examination and acceptance of accounts. The duration of the interruption period should be for a period of up to six months, with a possible extension of that period up to nine months with the agreement of the Member State, to allow sufficient time to resolve the causes of the interruption thereby avoiding the application of suspensions.
(44)
In order to safeguard the Union's financial interests and provide the means to ensure effective programme implementation, provisions should be laid down allowing for the suspension by the Commission of payments.
(45)
In order to apply the requirements of the Financial Regulation to the financial management of the Fund, it is necessary to set out simple procedures for the preparation, examination and acceptance of accounts which should ensure a clear basis and legal certainty for these arrangements. In addition, in order to allow a Member State properly to fulfil its responsibilities, it should be possible for the Member State to exclude amounts which are the subject of an ongoing assessment of legality and regularity.
(46)
To reduce the risk of irregular expenditure being declared, it should be possible for a certifying authority, without any need for additional justification, to include the amounts which require further verification in an interim payment application after the accounting year in which they were entered into its accounting system.
(47)
In order to reduce the administrative burden on beneficiaries, specific time limits should be set out during which the managing authorities are obliged to ensure the availability of documents for operations following submission of expenditure or completion of an operation. In accordance with the principle of proportionality, the period for keeping the documents should be differentiated depending on the total eligible expenditure of an operation.
(48)
As accounts are verified and accepted every year, the closure procedure should be simple. The final closure of the programme should therefore be based only on the documents relating to the final accounting year and the final implementation report or the last annual implementation report, without any need to provide any additional documents.
(49)
In order to safeguard the budget of the Union, it is possible that it would be necessary for the Commission to make financial corrections. To ensure legal certainty for the Member States, it is important to define the circumstances under which breaches of the applicable Union law or national law related to its application can lead to financial corrections by the Commission. In order to ensure that any financial corrections which the Commission imposes on Member States are related to the protection of the Union's financial interests, such corrections should be confined to cases where the breach of applicable Union law or national law related to applying relevant Union law concerns the eligibility, regularity, management or control of operations and the corresponding expenditure declared to the Commission. To ensure proportionality it is important that the Commission considers the nature and the gravity of the breach and the related financial implications for the budget of the Union when deciding on a financial correction.
(50)
It is necessary to establish a legal framework which provides robust management and control systems and an appropriate division of roles and responsibilities in the context of shared management. The role of the Commission should therefore be specified and clarified and proportionate rules set out for the application of financial corrections by the Commission.
(51)
The frequency of audits on operations should be proportionate to the extent of the Union's support from the Fund. In particular, the number of audits carried out should be reduced where the total eligible expenditure for an operation does not exceed EUR 150 000. Nevertheless, it should be possible to carry out audits at any time where there is evidence of an irregularity or fraud, or following closure of a completed operation, as part of an audit sample. The Commission should be able to review the audit trail of the audit authority or take part in on-the-spot audits of the audit authority. Where the Commission does not obtain the necessary assurance as to the effective functioning of the audit authority by those means, the Commission should be able to carry out a re-performance of the audit activity where this is in accordance with internationally accepted audit standards. In order that the level of auditing by the Commission is proportionate to the risk, the Commission should be able to reduce its audit work in relation to operational programmes where there are no significant deficiencies or where the audit authority can be relied on. In order to reduce the administrative burden on beneficiaries, specific rules should be introduced to reduce the risk of overlap between audits of the same operations by various institutions, namely the European Court of Auditors, the Commission and the audit authority. In addition, the scope of audits should take fully into account the objective and the features of the target populations of the Fund, as well as the voluntary character of many beneficiaries.
(52)
In order to ensure financial discipline, it is appropriate to define the arrangements for de-commitment of any part of the budget commitment in an operational programme, in particular where an amount may be excluded from de-commitment, in particular where delays in implementation result from circumstances which are independent of the party concerned, abnormal or unforeseeable and whose consequences cannot be avoided despite the diligence shown, as well as in a situation in which a request for payment has been made but for which the payment deadline has been interrupted or the payment suspended.
(53)
In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the content of the annual and final implementation reports, including the list of common indicators, the criteria for determining the cases of irregularity to be reported, the data to be provided and the recovery of sums unduly paid, the rules specifying the information in relation to the data to be recorded and stored in computerised form within the monitoring systems established by managing authorities, the minimum requirements for audit trails, the scope and content of national audits and methodology for sampling, the detailed rules on the use of data collected during audits, and the criteria for determining serious deficiencies in the effective functioning of management and control systems, for establishing the level of financial correction to be applied and for applying flat-rates or extrapolated financial corrections. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
(54)
The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council
(55)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards decisions on annual plans of actions to be financed from technical assistance at the initiative of the Commission, adopting and amending operational programmes, decisions suspending interim payments, decisions on the non-acceptance of the accounts and the amount chargeable, if the accounts were not accepted, decisions on financial corrections decisions setting out the annual breakdown of the commitment appropriations to the Member States, and, in the case of decommitment, decisions to amend decisions adopting programmes.
(56)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the template for the structured survey on end recipients, the frequency of reporting of irregularities and the reporting format to be used, the terms and conditions for the electronic data exchange system for management and control, the technical specifications of recording and data-storing in relation to the management and control system, the model for the management declaration, the models for the audit strategy, audit opinion and control report, the model for the report and opinion of the independent audit body and description of the functions and procedures in place for the management authority and, where appropriate, the certifying authority, the model for payment applications, and the model for accounts. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9).
(57)
For certain implementing acts to be adopted in accordance with the examination procedure laid down in Article 5 of Regulation (EU) No 182/2011 the potential impact and implications are of such a high significance to Member States that an exception from the general rule is justified. Accordingly, where no opinion is delivered by the committee, the Commission should not adopt the draft implementing act. Those implementing acts relate to laying down technical specifications of recording and data storing in relation to the management and control system. The third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 should therefore apply to those implementing acts.
(58)
This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including respect for human dignity and for private and family life, the right to the protection of personal data, the rights of the child, the rights of the elderly, equality between men and women, and the prohibition of discrimination. This Regulation should be applied according to those rights and principles.
(59)
Since the objectives of this Regulation, namely to improve social cohesion in the Union and contribute to the fight against poverty and social exclusion, cannot be sufficiently achieved by Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.
(60)
It should be ensured that the Fund complements actions that are funded under the ESF as social inclusion activities, while exclusively supporting the most deprived persons.
(61)
In order to allow for the prompt adoption of the delegated acts provided for in this Regulation, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter and purpose
This Regulation establishes the Fund for European Aid to the Most Deprived ('the Fund') for the period from 1 January 2014 to 31 December 2020 and determines the objectives of the Fund, the scope of its support, the financial resources available and their allocation for each Member State, and lays down the rules necessary to ensure the effectiveness and efficiency of the Fund.
Article 2
Definitions
The following definitions apply:
(1)
'basic material assistance' means basic consumer goods of a limited value and for the personal use of the most deprived persons for example clothing, footwear, hygiene goods, school material and sleeping bags;
(2)
'most deprived persons' means natural persons, whether individuals, families, households or groups composed of such persons, whose need for assistance has been established according to the objective criteria set by the national competent authorities in consultation with relevant stakeholders, while avoiding conflicts of interest, or defined by the partner organisations and which are approved by those national competent authorities and which may include elements that allow the targeting of the most deprived persons in certain geographical areas;
(3)
'partner organisations' means public bodies and/or non- profit organisations that deliver food and/or basic material assistance, where applicable, combined with accompanying measures directly or through other partner organisations, or that undertake activities aiming directly at the social inclusion of the most deprived persons, and whose operations have been selected by the managing authority in accordance with point (b) of Article 32(3);
(4)
'national schemes' means any scheme having, at least partly, the same objectives as the Fund and which is being implemented at national, regional or local level by public bodies or non-profit organisations;
(5)
'food and/or basic material assistance operational programme' (also referred to as 'OP I') means an operational programme supporting the distribution of food and/or basic material assistance to the most deprived persons, combined where applicable with accompanying measures, aimed at alleviating the social exclusion of most deprived persons;
(6)
'social inclusion of the most deprived persons operational programme' (also referred to as 'OP II') means an operational programme supporting the activities outside active labour market measures, consisting in non-financial, non-material assistance, aimed at the social inclusion of the most deprived persons;
(7)
'operation' means a project, contract or action selected by the managing authority of the operational programme concerned, or under its responsibility, contributing to the objectives of the operational programme to which it relates;
(8)
'completed operation' means an operation that has been physically completed or fully implemented and in respect of which all related payments have been made by beneficiaries and the support from the corresponding operational programme has been paid to the beneficiaries;
(9)
'beneficiary' means a public or private body responsible for initiating or initiating and implementing operations;
(10)
'end recipient' means the most deprived person or persons receiving support as defined in Article 4 of this Regulation;
(11)
'accompanying measures' means activities provided in addition to the distribution of food and/or basic material assistance with the aim of alleviating social exclusion and/or tackling social emergencies in a more empowering and sustainable way, for example guidance on a balanced diet and budget management advice;
(12)
'public expenditure' means a public contribution to the financing of operations the source of which is the budget of national, regional or local public authorities, the budget of the Union related to the Fund, the budget of public law bodies or the budget of associations of public authorities or any body governed by public law within the meaning of Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council (10);
(13)
'intermediate body' means any public or private body which acts under the responsibility of a managing or certifying authority, or which carries out duties on behalf of such an authority in relation to beneficiaries' implementing operations;
(14)
'accounting year', means the period from 1 July to 30 June, except for the first accounting year of the programming period, in respect of which it means the period from the start date for eligibility of expenditure until 30 June 2015. The final accounting year shall be from 1 July 2023 to 30 June 2024;
(15)
'financial year' means the period from 1 January to 31 December;
(16)
'irregularity' means any breach of Union law or of national law relating to its application, resulting from an act or omission by an economic operator involved in the implementation of the Fund, which has, or would have, the effect of prejudicing the budget of the Union by charging an unjustified item of expenditure to the budget of the Union;
(17)
'economic operator' means any natural or legal person or other entity taking part in the implementation of assistance from the Fund, with the exception of a Member State exercising its prerogatives as a public authority;
(18)
'systemic irregularity' means any irregularity, that may be of a recurring nature, with a high probability of occurrence in similar types of operations, which results from a serious deficiency in the effective functioning of a management and control system, including a failure to establish appropriate procedures in accordance with this Regulation;
(19)
'serious deficiency in the effective functioning of a management and control system' means a deficiency for which substantial improvements in the system are required, which exposes the Fund to significant risk of irregularities, and the existence of which is incompatible with an unqualified audit opinion on the functioning of the management and control system.
Article 3
Objectives
1. The Fund shall promote social cohesion, enhance social inclusion and therefore ultimately contribute to the objective of eradicating poverty in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy, whilst complementing the Structural Funds. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty, by providing non-financial assistance to the most deprived persons by food and/or basic material assistance, and social inclusion activities aiming at the social integration of the most deprived persons.
This objective and the results of the implementation of the Fund shall be qualitatively and quantitatively assessed.
2. The Fund shall complement sustainable national poverty eradication and social inclusion policies, which remain the responsibility of Member States.
Article 4
Scope of support
1. The Fund shall support national schemes whereby food and/or basic material assistance, are distributed to the most deprived persons through partner organisations selected by Member States.
With the view to augmenting and diversifying the supply of food for the most deprived persons, as well as reducing and preventing food wastage, the Fund may support activities related to the collection, transport, storage and distribution of food donations.
The Fund may also support accompanying measures, complementing the provision of food and/or basic material assistance.
2. The Fund shall support activities contributing to the social inclusion of the most deprived persons.
3. The Fund shall promote, at Union level, mutual learning, networking and dissemination of good practices in the area of non-financial assistance to the most deprived persons.
Article 5
Principles
1. The part of the budget of the Union allocated to the Fund shall be implemented within the framework of shared management between the Member States and the Commission, in accordance with point (b) of Article 58(1) of the Financial Regulation, with the exception of technical assistance at the initiative of the Commission, which shall be implemented in the framework of direct management in accordance with point (a) of Article 58(1) of the Financial Regulation.
2. The Commission and the Member States shall ensure, taking account of the specific context of each Member State, that support from the Fund is consistent with the relevant policies and priorities of the Union and complementary to other instruments of the Union.
3. Support from the Fund shall be implemented in close co-operation between the Commission and the Member States in accordance with the principle of subsidiarity.
4. Member States and the bodies designated by them for that purpose, shall be responsible for implementing the operational programmes and carrying out their tasks under this Regulation in accordance with the institutional, legal and financial framework of the Member State and subject to compliance with this Regulation.
5. Arrangements for the implementation and use of the Fund, and in particular the financial and administrative resources required in relation to reporting, evaluation, management and control shall take into account the principle of proportionality having regard to the level of support allocated and the limited administrative capacity of the organisations that function thanks mainly to volunteers.
6. In accordance with their respective responsibilities, and to prevent double funding, the Commission and the Member States shall ensure coordination with the ESF, and with other relevant Union policies, strategies and instruments, in particular Union initiatives in the field of public health and against food waste.
7. The Commission and the Member States and the beneficiaries shall apply the principle of sound financial management in accordance with Article 30 of the Financial Regulation.
8. The Commission and the Member States shall ensure the effectiveness of the Fund, in particular through monitoring, reporting and evaluation.
9. The Member States and the Commission shall ensure that the operational programmes are prepared, programmed, implemented, monitored and evaluated, respecting the partnership principle, when carrying out the consultations of relevant stakeholders as set out in this Regulation.
10. The Commission and the Member States shall take action to ensure the effectiveness of the Fund, and shall carry out their respective roles in relation to the Fund with the aim of reducing the administrative burden for beneficiaries.
11. The Commission and the Member States shall ensure that equality between men and women and the integration of the gender perspective are taken into account and promoted during the various stages of the preparation, programming, management and implementation, monitoring and evaluation of the Fund, as well as in information and awareness raising campaigns and exchanges of best practices. The Commission and the Member States shall use data broken down by gender, where available.
The Commission and the Member States shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in obtaining access to the Fund, and to programmes and operations supported by the Fund.
12. Operations supported by the Fund shall comply with applicable Union law and national law relating to its application ('applicable law'). In particular, the Fund may only be used to support the distribution of food or goods that are in conformity with the Union law on consumer product safety.
13. Member States and beneficiaries shall choose the food and/or the basic material assistance on the basis of objective criteria related to the needs of the most deprived persons. The selection criteria for the food products, and where appropriate for goods, shall also take into consideration climatic and environmental aspects, in particular with a view to reduction of food waste. Where appropriate, the choice of the type of food products to be distributed shall be made having considered their contribution to the balanced diet of the most deprived persons.
14. The Commission and the Member States shall ensure that aid provided in the framework of this Fund respects the dignity of the most deprived persons.
TITLE II
RESOURCES AND PROGRAMMING
Article 6
Global resources
1. The resources for the Fund available for budgetary commitment for the period 2014 - 2020 shall be EUR 3 395 684 880 in 2011 prices, in accordance with the annual breakdown set out in Annex II.
2. The allocation of the Fund for the period 2014–2020 for every Member State is set out in Annex III. The minimum amount for each Member State is EUR 3 500 000 for the whole period.
3. For the purpose of programming and subsequent inclusion in the general budget of the Union, the amount of resources shall be indexed at 2 % per year.
4. 0,35 % of the global resources shall be allocated to technical assistance at the initiative of the Commission.
Article 7
Operational programmes
1. Each Member State shall submit to the Commission, within six months of the entry into force of this Regulation, an OP I and/or an OP II, covering the period from 1 January 2014 to 31 December 2020.
2. An OP I shall set out:
(a)
an identification of and a justification for selecting the type or types of material deprivation to be addressed under the operational programme and, for each type of material deprivation addressed, a description of the main characteristics of the distribution of food and/or basic material assistance and, where appropriate, of the accompanying measures to be provided, having regard to the results of the ex ante evaluation carried out in accordance with Article 16;
(b)
a description of the corresponding national scheme or schemes for each type of material deprivation addressed;
(c)
a description of the mechanism setting the eligibility criteria for the most deprived persons, differentiated where necessary by type of material deprivation addressed;
(d)
the criteria for the selection of operations and a description of the selection mechanism differentiated where necessary by type of material deprivation addressed;
(e)
the criteria for the selection of the partner organisations differentiated where necessary by type of material deprivation addressed;
(f)
a description of the mechanism used to ensure complementarity with the ESF;
(g)
a financing plan containing a table specifying, for the whole programming period, the amount of the total financial appropriation in respect of support from the operational programme, indicatively broken down by type of material deprivation addressed as well as the corresponding accompanying measures.
3. An OP II shall set out:
(a)
a strategy for the programme contribution to the promotion of social cohesion and poverty reduction in accordance with the Europe 2020 strategy, including a justification for the choice of assistance priority;
(b)
the specific objectives of the operational programme based on an identification of national needs, having regard to the results of the ex ante evaluation carried out in accordance with Article 16. The ex ante evaluation shall be submitted to the Commission at the same time as the operational programme;
(c)
a financing plan containing a table specifying, for the whole programming period, the amount of the total financial appropriation in respect of support from the operational programme, indicatively broken down by type of action;
(d)
the identification of the most deprived persons to be targetted;
(e)
the financial indicators relating to the corresponding expenditure allocated;
(f)
the expected results for the specific objectives and the corresponding programme specific output and result indicators with a base line and target values;
(g)
a description of the type and examples of actions to be supported and their expected contribution to the specific objectives referred to in point (b) including the guiding principles for the selection of operations and, where appropriate, the identification of the types of beneficiaries;
(h)
a description of the mechanism to ensure complementarity with the ESF, as well as to prevent overlap and double-financing of operations.
4. In addition, each operational programme shall set out:
(a)
the identification of the managing authority, the certifying authority where applicable, the audit authority and the body to which payments are to be made by the Commission and a description of the monitoring procedure;
(b)
a description of the measures taken to involve all relevant stakeholders as well as, where appropriate, the competent regional, local and other public authorities in the preparation of the operational programme;
(c)
a description of the planned use of technical assistance in accordance with Article 27(4), including actions to reinforce the administrative capacity of the beneficiaries in relation to the implementation of the operational programme;
(d)
a financing plan containing a table specifying for each year in accordance with Article 20 the amount of the financial appropriation envisaged for support from the Fund and the co-financing in accordance with Article 20.
The partner organisations referred to in point (e) of Article 7(2) that deliver directly the food and/or basic material assistance shall themselves or in cooperation with other organisations undertake activities, where appropriate consisting of a re-orientation towards competent services, that complement the provision of material assistance, aiming at the social inclusion of the most deprived persons, whether or not these activities are supported by the Fund. However, such accompanying measures shall not be compulsory in cases where the food and/or basic material assistance is provided solely to most deprived children in childcare or comparable facilities.
5. Member States or any authority designated by them shall draw up operational programmes. They shall cooperate with all relevant stakeholders as well as, where appropriate, the competent regional, local and other public authorities. Member States shall ensure that the operational programmes are closely linked to national social inclusion policies.
6. Member States shall draft their operational programmes in accordance with the templates set out in Annex I as appropriate.
Article 8
Adoption of operational programmes
1. The Commission shall assess the consistency of each operational programme with this Regulation and its contribution to the objectives of the Fund, taking into account the ex ante evaluation carried out in accordance with Article 16. The Commission shall ensure that there is no overlap with any operational programme financed by the ESF in the Member State.
2. The Commission may make observations within three months of the date of submission of the operational programme. The Member State shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed operational programme.
3. Provided that any observations made by the Commission in accordance with paragraph 2 have been adequately taken into account, the Commission shall, by means of implementing acts, approve each operational programme no later than six months after its submission by the Member State.
Article 9
Amendment of operational programmes
1. A Member State may submit a request for amendment of an operational programme. The request shall be accompanied by the revised operational programme and the justification for the amendment.
2. The Commission shall assess the information provided in accordance with paragraph 1, taking account of the justification provided by the Member State. The Commission may make observations and the Member State shall provide to the Commission all necessary additional information.
3. The Commission shall, by means of implementing acts, approve the amendment of an operational programme no later than four months after its submission by the Member State provided that any observations made by the Commission have been adequately taken into account.
Article 10
Exchange of good practices
The Commission shall facilitate, including by means of a website, the exchange of experience, capacity building and networking, as well as dissemination of relevant outcomes in the area of non-financial assistance to the most deprived persons.
Relevant organisations that do not make use of the Fund may also be included.
In addition, the Commission shall consult, at least once a year, the organisations which represent the partner organisations at Union level on the implementation of support from the Fund and, following such consultation, shall report back to the European Parliament and to the Council in due course.
The Commission shall also facilitate the online dissemination of relevant outcomes, reports and information in relation to the Fund.
TITLE III
MONITORING AND EVALUATION, INFORMATION AND COMMUNICATION
Article 11
Monitoring committee for an OP II
1. Within three months of the date of notification to the Member State of the decision adopting an OP II, the Member State shall set up or appoint a committee, in accordance with the institutional, legal and financial framework of the Member State concerned to monitor the implementation of the programme, in agreement with the managing authority.
2. Each monitoring committee shall draw up and adopt its rules of procedure in accordance with the institutional, legal and financial framework of the Member State concerned.
3. The composition of the monitoring committee shall be decided by the Member State, provided that the monitoring committee is composed of representatives of the relevant Member State authorities and intermediate bodies and of all relevant stakeholders as well as where appropriate of representatives of the competent regional, local and other public authorities. Representatives of the competent regional, local and other public authorities as well as of relevant stakeholders shall be delegated to be part of the monitoring committee by the respective organisation through transparent processes. Each member of the monitoring committee may have a voting right. The list of members of the monitoring committee shall be published.
4. The Commission shall participate in the work of the monitoring committee in an advisory capacity.
5. The monitoring committee shall be chaired by a representative of the Member State or of the managing authority.
Article 12
Functions of the monitoring committee for an OP II
1. The monitoring committee shall meet at least once a year and shall review implementation of the programme and progress made towards achieving its specific objectives. In doing so, it shall have regard to the financial data, common and programme -specific indicators, including changes in the value of result indicators and progress towards quantified target values, and, where relevant, the results of qualitative analyses.
2. The monitoring committee shall examine all issues that affect the performance of the programme. It shall examine in particular:
(a)
progress made towards achieving the specific targets of the operational programme on the basis of the documents submitted by the managing authority, including evaluation findings;
(b)
implementation of the information and communication actions;
(c)
actions, which take into account and promote equality between men and women, equal opportunities and non-discrimination.
3. The monitoring committee shall examine and approve:
(a)
the methodology and criteria for selection of operations in line with the guiding principles as set out in point (f) of Article 7(3);
(b)
the annual and final implementation reports;
(c)
any proposal by the managing authority for an amendment to the operational programme.
4. The monitoring committee may make observations to the managing authority regarding implementation of the programme and its evaluation.
It shall monitor actions taken as a result of its observations.
Article 13
Implementation reports and indicators
1. From 2015 to 2023, the Member States shall submit to the Commission, by 30 June of each year, an annual implementation report for the operational programme implemented in the previous financial year.
2. The Member States shall draft the annual implementation report in accordance with the delegated act referred to in paragraph 6, including the list of common indicators, and for the social inclusion operational programmes, of the programme specific indicators.
The Member States shall consult the relevant stakeholders, while avoiding conflicts of interest, on the implementation reports of OP I. A summary of the comments of those relevant stakeholders shall be annexed to the report.
3. The annual implementation reports shall be admissible where they contain all the information required in accordance with the delegated act referred to in paragraph 6. The Commission shall inform the Member State concerned within 15 working days from the date of receipt of the annual implementation report if it is not admissible. Where the Commission has not informed the Member State within the time limit, the report shall be deemed admissible.
4. The Commission shall examine the annual implementation report and inform the Member State of its observations within two months of the receipt of the annual implementation report.
Where the Commission does not provide observations to the Member State within this time limit, the reports shall be deemed to be accepted.
5. The Member State shall submit a final report on implementation of the operational programme by 30 September 2024.
The Member States shall draft the final implementation report in accordance with the delegated acts referred to in paragraph 6.
The Commission shall examine the final implementation report and inform the Member State of its observations within five months of receipt of the final report.
Where the Commission does not provide observations to the Member State within that time limit, the reports shall be deemed to have been accepted.
6. The Commission shall be empowered to adopt delegated acts, in accordance with Article 62, laying down the content of the annual and final implementation reports, including the list of common indicators, by 17 July 2014.
7. The Commission may address observations to a Member State concerning the implementation of the operational programme. The managing authority shall within three months inform the Commission of the corrective measures taken.
8. The managing authority shall make public a summary of the contents of each annual and final implementation report.
9. The Commission shall present a summary of the annual implementation reports and the final implementation reports to the European Parliament and to the Council in due course.
10. The procedure concerning implementation reports shall not be excessive in comparison to the resources allocated and to the nature of the support and shall not cause unnecessary administrative burdens.
Article 14
Review meetings
1. The Commission and the Member States shall meet every year from 2014 to 2023, unless otherwise agreed, to review the progress made in implementing the operational programme, taking account of the annual implementation report and the Commission's observations referred to in Article 13(7), where applicable.
2. The review meeting shall be chaired by the Commission. The relevant stakeholders shall be invited to participate in review meetings of OP I except for the parts of that meeting when their participation would lead to conflicts of interest or breach of confidentiality related to audit matters.
3. The Member State shall ensure that appropriate follow-up is given to any comments of the Commission following the review meeting and shall refer to that follow-up in the implementation report of the following financial year or, as appropriate, years.
Article 15
General provisions on evaluation
1. Member States shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to the common indicators referred to in Article 13.
2. Evaluations shall be carried out by experts that are functionally independent of the authorities responsible for operational programme implementation. All evaluations shall be made public in their entirety but shall under no circumstances include information regarding the identity of end recipients.
3. The evaluations shall not be excessive in comparison to the resources allocated or to the nature of the support and shall not cause unnecessary administrative burdens.
Article 16
Ex ante evaluation
1. Member States shall carry out an ex ante evaluation of each operational programme.
2. Ex ante evaluation shall be carried out under the responsibility of the authority responsible for preparing the operational programme. It shall be submitted to the Commission at the same time as the operational programme, together with an executive summary.
3. Ex ante evaluations of OP I shall appraise the following elements:
(a)
the contribution to the Union objective of at least 20 million fewer people living in poverty or at risk of poverty and social exclusion by 2020, having regard to the selected type of material deprivation to be addressed and taking into account national circumstances in terms of poverty and social exclusion and material deprivation;
(b)
the internal coherence of the proposed operational programme and its relation with other relevant financial instruments;
(c)
the consistency of the allocation of budgetary resources with the objectives of the operational programme;
(d)
the contribution of the expected outputs to the results and thus to the objectives of the Fund;
(e)
the involvement of relevant stakeholders;
(f)
the suitability of the procedures for monitoring the operational programme and for collecting the data necessary to carry out evaluations.
4. Ex ante evaluations of OP II shall appraise the following elements:
(a)
the contribution to the promotion of social cohesion and poverty reduction in accordance with the Europe 2020 strategy, taking into account national needs;
(b)
the internal coherence of the proposed programme and its relation with other relevant instruments, in particular the ESF;
(c)
the consistency of the allocation of budgetary resources with the objectives of the programme;
(d)
the relevance and clarity of the proposed programme specific indicators;
(e)
how the expected outputs will contribute to results;
(f)
whether the quantified target values for indicators are realistic, having regard to the support from the Fund envisaged;
(g)
the rationale for the form of support proposed;
(h)
the adequacy of human resources and administrative capacity for management of the programme;
(i)
the suitability of the procedures for monitoring the programme and for collecting the data necessary to carry out evaluations;
(j)
the adequacy of planned measures to promote equal opportunities between men and women and to prevent any discrimination.
Article 17
Evaluation during the programming period
1. The Commission shall present a mid-term evaluation of the Fund to the European Parliament and to the Council by 31 December 2018.
2. The Commission may, at its own initiative, evaluate operational programmes.
3. During the programming period, the managing authority of an OP I may evaluate the effectiveness and efficiency of the operational programme.
4. The managing authority of an OP I shall carry out a structured survey on end recipients in 2017 and 2022, in accordance with the template adopted by the Commission. The Commission shall adopt implementing acts establishing the template after the consultation of relevant stakeholders. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 63(2).
5. The managing authority of an OP II shall carry out at least one evaluation before 31 December 2022. The evaluation shall assess the effectiveness, efficiency and impact of the operations supported. Appropriate follow up shall be ensured.
Article 18
Ex post evaluation
At its own initiative and in close cooperation with the Member States, the Commission shall carry out, with the assistance of external experts, an ex-post evaluation, to assess the effectiveness and efficiency of the Fund and the sustainability of results obtained, as well as to measure the added value of the Fund. This ex post evaluation shall be completed by 31 December 2024.
Article 19
Information and communication
1. The Commission and the Member States shall provide information on and promote the actions supported by the Fund. The information shall, in particular, be addressed to the most deprived persons, as well as to the wider public and the media. It shall highlight the role of the Union and ensure that the contribution from the Fund, the Member States and the partner organisations regarding the Union's social cohesion objectives is visible without stigmatising end recipients.
2. The managing authority shall, in order to ensure transparency in the support of the Fund, maintain a list of operations supported by the Fund in a spread sheet data format, which allows the data to be sorted, searched, extracted, compared and easily published on the internet. The list of operations shall include at least the following information:
(a)
the name and address of the beneficiary;
(b)
the allocated amount of Union funding;
(c)
for OP I, the type of material deprivation addressed.
The managing authority shall update the list of operations at least every twelve months.
3. During the implementation of an operation, the beneficiaries and partner organisations shall inform the public about the support obtained from the Fund by placing either at least one poster with information about the operation (minimum size A3), including about the financial support from Union or a Union emblem of reasonable size, at a location readily visible to the public. This requirement shall be fulfilled, without stigmatising end-recipients, at each place of delivery of OP I and/or OP II, unless this is not possible due to the circumstances of the distribution.
Beneficiaries and partner organisations which have websites shall also provide a short description of the operation on their website, including its aims and results, and highlighting the financial support from the Union.
4. All information and communication measures undertaken by the beneficiary and the partner organisations shall acknowledge support from the Fund to the operation by displaying the emblem of the Union together with a reference to the Union and the Fund.
5. The managing authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2. The managing authority shall provide information and communication tools, including templates in electronic format, to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3.
6. In the case of OP II:
(a)
the Member State or the managing authority shall be responsible for organising:
(i)
a main information activity to publicise the launch of the operational programme; and
(ii)
at least one main information activity a year to promote the funding opportunities and the strategies pursued and/or present the achievements of the operational programme, including, where relevant, examples of operations;
(b)
during implementation of an operation, the beneficiary shall inform the public about the support obtained from the Fund by ensuring that those taking part in the operation have been informed of the support from the Fund;
(c)
any document, including any attendance or other certificate, concerning an operation shall include a statement to the effect that the operational programme was supported by the Fund;
(d)
the managing authority shall ensure that potential beneficiaries have access to the relevant information on the funding opportunities, the launching of application calls and conditions thereof and the criteria for selecting the operations to be supported.
7. In processing personal data pursuant to Articles 15 to 19 of this Regulation, the managing authority as well as the beneficiaries and partner organisations shall comply with Directive 95/46/EC.
TITLE IV
FINANCIAL SUPPORT FROM THE FUND
Article 20
Co-financing
1. The co-financing rate at the level of the operational programme amounts up to 85 % of the eligible public expenditure. It may be increased in the cases described in Article 21(1). Member States shall be free to support the Fund's initiatives with additional national resources.
2. The Commission decision adopting an operational programme shall fix the co-financing rate applicable to the operational programme and the maximum amount of support from the Fund.
3. The technical assistance measures implemented at the initiative of, or on behalf of, the Commission may be financed at the rate of 100 %.
Article 21
Increase in payments for Member States with temporary budgetary difficulties
1. At the request of a Member State, interim payments and payments of the final balance may be increased by 10 percentage points above the co-financing rate applicable to the operational programme. The increased rate, which can not exceed 100 %, shall apply to requests for payment relating to the accounting period in which the Member State has submitted its request and subsequent accounting periods during which the Member State meets one of the following conditions:
(a)
where the Member State concerned has adopted the euro, it receives macro-financial assistance from the Union in accordance with Council Regulation (EU) No 407/2010 (11);
(b)
where the Member State concerned has not adopted the euro, it receives medium-term financial assistance in accordance with Council Regulation (EC) No 332/2002 (12);
(c)
financial assistance is made available to it in accordance with the Treaty establishing the European Stability Mechanism.
2. Notwithstanding paragraph 1, Union support through interim payments and payments of the final balance shall not be higher than the public support and the maximum amount of support from the Fund, as laid down in the Commission decision approving the operational programme.
Article 22
Eligibility period
1. This Article shall be without prejudice to the rules on eligibility of technical assistance at the initiative of the Commission as set out in Article 27.
2. Expenditure shall be eligible for a support from an operational programme if it is incurred by a beneficiary and paid between 1 December 2013 and 31 December 2023.
3. Operations shall not be selected for support by an operational programme where they have been physically completed or fully implemented before the application for funding under the operational programme has been submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.
4. In the case of amendment of an operational programme, expenditure that becomes eligible because of the amendment to the operational programme shall only be eligible from the date of submission of the request for amendment by the Member State to the Commission.
Article 23
Eligibility of operations
1. Operations supported by an operational programme shall be located in the Member State covered by the operational programme.
2. Operations may receive support from an operational programme provided that they have been selected in accordance with a fair and transparent procedure and on the basis of either of the criteria laid down in the operational programme or approved by the monitoring committee as appropriate.
3. The selection criteria and lists of operations selected for support from an OP II shall be communicated upon adoption to the monitoring committees of the operational programmes co-financed by the ESF.
4. The food and/or basic material assistance for the most deprived persons may be purchased by the partner organisations themselves.
The food and/or basic material assistance for the most deprived persons may also be purchased by a public body and made available free of charge to the partner organisations. In that case, the food may be obtained from the use, processing or sale of the products disposed of in accordance with Article 16(2)of Regulation (EU) No 1308/2013, provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations. Any amount derived from such a transaction shall be used for the benefit of the most deprived persons, and shall not be applied so as to diminish the obligation of the Member States, provided in Article 20 of this Regulation, to co-finance the programme.
The Commission shall apply the procedures adopted pursuant to point (i) of Article 20 of Regulation (EU) No 1308/2013 by which the products referred to therein may be used, processed or sold for the purposes of this Regulation, in order to ensure their maximum efficiency.
5. That food and/or basic material assistance shall be distributed free of charge to the most deprived persons.
6. An operation supported by the Fund shall not receive support from more than one operational programme co-financed by the Fund or from another Union instrument in order to avoid double funding.
Article 24
Forms of support
The Fund shall be used by Member States to provide support in the forms of grants, procurement or a combination thereof. However, that support shall not take the form of aid falling under Article 107(1) TFEU.
Article 25
Forms of grants
1. Grants may take the following forms:
(a)
reimbursement of eligible costs actually incurred and paid;
(b)
reimbursement on the basis of unit costs;
(c)
lump sums not exceeding EUR 100 000 of public support;
(d)
flat-rate financing, determined by the application of a percentage to one or several defined categories of costs.
2. The options referred to in paragraph 1 may be combined in respect of a single operation only where each option is applied to different categories of costs or where they are used for successive phases thereof.
3. The amounts referred to in points (b), (c) and (d) of paragraph 1 shall be established on the basis of:
(a)
a fair, equitable and verifiable calculation method based on one of the following:
(i)
statistical data or other objective information;
(ii)
the verified historical data of individual beneficiaries or the application of their usual cost accounting practices;
(b)
methods and corresponding unit costs, lump sums and flat-rate financing applied under schemes for grants funded entirely by the Member State concerned for a similar type of operation and beneficiary;
(c)
rates established by this Regulation;
(d)
a case-by-case basis by reference to a draft budget agreed ex ante by the managing authority, where public support does not exceed EUR 100 000.
4. The amounts calculated in the forms of grants referred to in points (b), (c) and (d) of paragraph 1 shall be regarded as eligible expenditure incurred and paid by the beneficiary for the purpose of applying Title VI.
5. The document setting out the conditions for support for each operation shall set out the method to be applied for determining the costs of the operation and the conditions for payment of the grant.
Article 26
Eligibility of expenditure
1. The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in or on the basis of this Regulation.
2. Notwithstanding paragraph 1, the costs eligible for a support from OP I shall be:
(a)
the costs of purchasing food and/or basic material assistance;
(b)
where a public body purchases the food or basic material assistance and provides them to partner organisations, the costs of transporting food or basic material assistance to the storage depots of the partner organisations and storage costs at a flat-rate of 1 % of the costs referred to in point (a) or, in duly justified cases, costs actually incurred and paid;
(c)
the administrative, transport and storage costs borne by the partner organisations at a flat-rate of 5 % of the costs referred to in point (a); or 5 % of the value of the food products disposed of in accordance with Article 16 of Regulation (EU) No 1308/2013;
(d)
the cost of collection, transport, storage and distribution of food donations and directly related awareness raising activities, incurred and paid for by partner organisations;
(e)
the costs of accompanying measures undertaken and declared by the partner organisations delivering directly or under cooperation agreements the food and/or basic material assistance to the most deprived persons at a flat-rate of 5 % of the costs referred to in point (a).
3. Notwithstanding paragraph 1, the costs eligible for support from an operational programme shall be the costs incurred pursuant to Article 27(4) or, for indirect costs incurred pursuant to Article 27(4), a flat-rate of up to 15 % of eligible direct staff costs.
4. The following costs shall not be eligible for a support from the operational programme:
(a)
interest on debt;
(b)
provision of infrastructure;
(c)
costs of second-hand goods;
(d)
value added tax except where it is non-recoverable under national VAT legislation.
Article 27
Technical assistance
1. At the initiative of, or on behalf of the Commission, and subject to a ceiling of 0,35 % of its annual allocation, the Fund may finance preparation, monitoring, administrative and technical assistance, audit, information, control and evaluation measures necessary for implementing this Regulation as well as for activities pursuant to Article 10.
2. The Commission shall consult the Member States and the organisations which represent the partner organisations at Union level on the planned use of technical assistance.
3. The Commission shall set out each year its plans on the type of actions related to the measures listed in paragraph 1, when a contribution from the Fund is envisaged, by means of implementing acts.
4. At the initiative of the Member States, and subject to a ceiling of 5 % of the Fund allocation, the operational programme may finance preparation, management, monitoring, administrative and technical assistance, audit, information, control and evaluation measures necessary for implementing this Regulation. It may also finance technical assistance and capacity building of partner organisations.
TITLE V
MANAGEMENT AND CONTROL
Article 28
General principles of management and control systems
Management and control systems shall, in accordance with Article 5(7), provide for:
(a)
a description of the functions of each body involved in management and control, and the allocation of functions within each body;
(b)
compliance with the principle of separation of functions between and within such bodies;
(c)
procedures for ensuring the correctness and regularity of expenditure declared;
(d)
computerised systems for accounting, for the storage and transmission of financial data and data on indicators, for monitoring and for reporting;
(e)
systems for reporting and monitoring where the body responsible entrusts execution of tasks to another body;
(f)
arrangements for auditing the functioning of the management and control systems;
(g)
systems and procedures to ensure an adequate audit trail;
(h)
the prevention, detection and correction of irregularities, including fraud, and the recovery of amounts unduly paid, together with any interest on late payments.
Article 29
Responsibilities under shared management
In accordance with the principle of shared management, Member States and the Commission shall be responsible for the management and control of programmes in accordance with their respective responsibilities laid down in this Regulation.
Article 30
Responsibilities of Member States
1. Member States shall fulfil the management, control and audit obligations and assume the resulting responsibilities, which are laid down in the rules on shared management set out in the Financial Regulation and this Regulation.
2. Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. They shall notify the Commission of irregularities that exceed EUR 10 000 in contribution from the Fund and shall keep it informed of significant progress in related administrative and legal proceedings.
The Member States shall not notify the Commission of irregularities in relation to the following cases:
(a)
where the irregularity consists solely of the failure to execute, in whole or in part, an operation included in the co-financed operational programme owing to the bankruptcy of the beneficiary;
(b)
those brought to the attention of the managing authority or certifying authority by the beneficiary voluntarily and before detection by either authority, whether before or after the payment of the public contribution;
(c)
those which are detected and corrected by the managing authority or certifying authority before inclusion of the expenditure concerned in a statement of expenditure submitted to the Commission.
In all other cases, in particular those preceding a bankruptcy or in cases of suspected fraud, the detected irregularities and the associated preventive and corrective measures shall be reported to the Commission.
When amounts unduly paid to a beneficiary cannot be recovered and this is as a result of fault or negligence on the part of a Member State, the Member State shall be responsible for reimbursing the amounts concerned to the budget of the Union. Member States may decide not to recover an amount unduly paid if the amount to be recovered from the beneficiary, not including interest, does not exceed EUR 250 in contribution from the Fund.
The Commission shall be empowered to adopt delegated acts in accordance with Article 62 laying down additional detailed rules on the criteria for determining the cases of irregularity to be reported, the data to be provided and on the conditions and procedures to be applied to determine whether amounts which are irrecoverable shall be reimbursed by Member States.
The Commission shall adopt implementing acts in accordance with the advisory procedure under Article 63(2) setting out the frequency of the reporting and the reporting format to be used.
3. Member States shall ensure that effective arrangements for the examination of complaints concerning the Fund are in place. The scope, rules and procedures concerning such arrangements shall be the responsibility of Member States in accordance with their institutional and legal framework. Member States shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their arrangements. Member States shall inform the Commission, upon request, of the results of those examinations.
4. All official exchanges of information between the Member State and the Commission shall be carried out using an electronic data exchange system. The Commission shall adopt implementing acts in order to establish the terms and conditions with which that electronic data exchange system is to comply. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(3).
Article 31
Designation of authorities
1. Each Member State shall designate, for each operational programme, a national public authority or body as managing authority. The same managing authority may be designated for two operational programmes.
2. The Member State shall designate, for each operational programme, a national public authority or body as a certifying authority, without prejudice to paragraph 3. The same certifying authority may be designated for two operational programmes.
3. The Member State may designate, for an operational programme, a managing authority to carry out in addition the functions of the certifying authority.
4. The Member State shall designate, for each operational programme, a national public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. The same audit authority may be designated for two operational programmes.
5. Provided that the principle of separation of functions is respected, the managing authority, the certifying authority for OP I and, for OP II for which the total amount of support from the Fund does not exceed EUR 250 000 000, the audit authority may be part of the same public authority or body.
6. The Member State may designate one or more intermediate bodies to carry out certain tasks of the managing authority or the certifying authority under the responsibility of that authority. The relevant arrangements between the managing authority or certifying authority and the intermediate bodies shall be formally recorded in writing.
7. The Member State or the managing authority may entrust the management of part of an operational programme to an intermediate body by way of an agreement in writing between the intermediate body and the Member State or managing authority. The intermediate body shall provide guarantees of its solvency and competence in the domain concerned, as well as of its administrative and financial management capacity.
8. The Member State shall lay down in writing rules governing its relationship with the managing authorities, certifying authorities and audit authorities, the relations between such authorities, and the relations of such authorities with the Commission
Article 32
Functions of the managing authority
1. The managing authority shall be responsible for managing the operational programme in accordance with the principle of sound financial management.
2. As regards the management of the operational programme, the managing authority shall:
(a)
where relevant, support the work of the monitoring committee referred to in Article 11 and provide it with the information it requires to carry out its tasks, in particular the data relating to the progress of the operational programme in achieving its objectives, financial data and data relating to indicators;
(b)
draw up and, after consultation of the relevant stakeholders, while avoiding conflicts of interests, for OP I, or after approval the monitoring committee referred to in Article 11 for OP II, submit to the Commission annual and final implementation reports referred to in Article 13;
(c)
make available to intermediate bodies and beneficiaries information that is relevant to the execution of their tasks and the implementation of operations respectively;
(d)
establish a system to record and store in computerised form data on each operation necessary for monitoring, evaluation, financial management, verification and audit, including data on individual participants in operations co-financed by OP II;
(e)
ensure that the data referred to in point (d) is collected, entered and stored in the system, referred to in point (d) in compliance with the provisions of Directive 95/46/CE and where available, broken down by gender.
3. As regards the selection of operations, the managing authority shall:
(a)
draw up and, where relevant once approved, apply appropriate selection procedures and/or criteria, that are non-discriminatory and transparent;
(b)
ensure that the selected operation:
(i)
falls within the scope of the Fund and the operational programme;
(ii)
fulfils the criteria set out in the operational programme and in Articles 22, 23 and 26;
(iii)
takes into account, where relevant, the principles set out in Article 5(11), (12), (13) and (14);
(c)
ensure that the beneficiary is provided with a document setting out the conditions for support for each operation including the specific requirements concerning the products or services to be delivered under the operation, the financing plan, and the time-limit for execution;
(d)
satisfy itself that the beneficiary has the administrative, financial and operational capacity to fulfil the conditions referred to in point (c) before approval of the operation;
(e)
satisfy itself that, where the operation has started before the submission of an application for funding to the managing authority, applicable law relevant for the operation has been complied with;
(f)
determine the type of material assistance for OP I and the type of action for OP II to which the expenditure of an operation shall be attributed.
4. As regards the financial management and control of the operational programme, the managing authority shall:
(a)
verify that the co-financed products and services have been delivered and that expenditure declared by the beneficiaries has been paid and that it complies with applicable law, the operational programme and the conditions for support of the operation;
(b)
ensure that beneficiaries involved in the implementation of operations reimbursed on the basis of eligible costs actually incurred maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation;
(c)
put in place effective and proportionate anti-fraud measures taking into account the risks identified;
(d)
set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements of point (g) of Article 28;
(e)
draw up the management declaration and annual summary referred to in point (a) and (b) of the first subparagraph of Article 59(5) of the Financial Regulation.
5. Verifications pursuant to point (a) of paragraph 4 shall include the following procedures:
(a)
administrative verifications in respect of each application for reimbursement by beneficiaries;
(b)
on-the-spot verifications of operations.
The frequency and coverage of the on-the-spot verifications shall be proportionate to the amount of public support to an operation and to the level of risk identified by such verifications and audits by the audit authority for the management and control system as a whole.
6. On-the-spot verifications of individual operations pursuant to point (b) of the first subparagraph of paragraph 5 may be carried out on a sample basis.
7. Where the managing authority is also a beneficiary under the operational programme, arrangements for the verifications referred to in point (a) of paragraph 4 shall ensure adequate separation of functions.
8. The Commission shall be empowered to adopt delegated acts, in accordance with Article 62, laying down rules specifying the information in relation to the data to be recorded and stored in computerised form within the monitoring system established under point (d) of paragraph 2 of this Article.
The Commission shall adopt implementing acts laying down the technical specifications of the system established under point (d) of paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(3).
9. The Commission shall be empowered to adopt delegated acts, in accordance with Article 62, laying down the detailed minimum requirements for the audit trail referred to in point (d) of paragraph 4 of this Article in respect of the accounting records to be maintained and the supporting documents to be held at the level of the certifying authority, managing authority, intermediate bodies and beneficiaries.
10. The Commission shall, in order to ensure uniform conditions on the implementation of this Article, adopt implementing acts concerning the model for the management declaration referred to in point (e) of paragraph 4. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 63(2).
Article 33
Functions of the certifying authority
The certifying authority of an operational programme shall be responsible in particular for:
(a)
drawing up and submitting payment applications to the Commission and certifying that they result from reliable accounting systems, are based on verifiable supporting documents and have been subject to verifications by the managing authority;
(b)
drawing up the accounts referred to in point (a) of the first subparagraph of Article 59(5) of the Financial Regulation;
(c)
certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in them complies with applicable law and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme and complying with applicable law;
(d)
ensuring that there is a system which records and stores, in computerised form, accounting records for each operation, and which supports all the data required for drawing up payment applications and accounts, including records of amounts recoverable, amounts recovered and amounts withdrawn following cancellation of all or part of the contribution for an operation or an operational programme;
(e)
ensuring for the purposes of drawing up and submitting payment applications that it has received adequate information from the managing authority on the procedures and verifications carried out in relation to expenditure;
(f)
taking account, when drawing up and submitting payment applications, of the results of all audits carried out by or under the responsibility of the audit authority;
(g)
maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries;
(h)
keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation. Amounts recovered shall be repaid to the budget of the Union prior to the closure of the operational programme by deducting them from the subsequent statement of expenditure.
Article 34
Functions of the audit authority
1. The audit authority shall ensure that audits are carried out on the proper functioning of the management and control system of the operational programme and on an appropriate sample of operations on the basis of the declared expenditure.
The declared expenditure shall be audited based on a representative sample or, where appropriate, on substantive testing and, as a general rule, on statistical sampling methods.
A non- statistical sampling method may be used on the professional judgement of the audit authority, in duly justified cases, in accordance with internationally accepted audit standards and in any case where the number of operations for an accounting year is insufficient to allow the use of a statistical method.
In such cases, the size of the sample shall be sufficient to enable the audit authority to draw up a valid audit opinion in accordance with point (b) of the first subparagraph of Article 59(5) of the Financial Regulation.
The non-statistical sample method shall cover a minimum of 5 % of operations for which expenditure has been declared to the Commission during an accounting year and 10 % of the expenditure which has been declared to the Commission during an accounting year.
Where the total amount of support from the Fund to an OP I does not exceed EUR 35 000 000, the audit authority shall be allowed to limit the audit activities to an annual system audit that includes substantive testing on a combination of random and risk-based testing of operations. The audit work shall be carried out in accordance with internationally accepted audit standards and shall quantify annually the level of error included in the declarations of expenditure certified to the Commission.
2. Where audits are carried out by a body other than the audit authority, the audit authority shall ensure that any such body has the necessary functional independence.
3. The audit authority shall ensure that audit work takes account of internationally accepted audit standards.
4. The audit authority shall, within eight months of adoption of an operational programme, prepare an audit strategy for the performance of audits. The audit strategy shall set out the audit methodology, the sampling or, where appropriate, substantive testing method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years. The audit strategy shall be updated annually from 2016 until and including 2024. Where a common management and control system applies to two operational programmes, a single audit strategy may be prepared for the operational programmes concerned. The audit authority shall submit the audit strategy to the Commission upon request.
5. The audit authority shall draw up:
(a)
an audit opinion in accordance with point (b) of the first subparagraph of Article 59(5) of the Financial Regulation;
(b)
a control report setting out the main findings of the audits carried out in accordance with paragraph 1, including findings with regard to deficiencies found in the management and control systems, and the proposed and implemented corrective actions.
Where a common management and control system applies to two operational programmes, the information required under point (b) of the first subparagraph may be grouped in a single report.
6. The Commission shall, in order to ensure uniform conditions for the implementation of this Article, adopt implementing acts laying down models for the audit strategy, the audit opinion and the control report. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 63(2).
7. The Commission shall be empowered to adopt delegated acts, in accordance with Article 62, to set out the scope and content of audits of operations and audits of the accounts and the methodology for the selection of the sample of operations referred to in paragraph 1 of this Article.
8. The Commission shall be empowered to adopt delegated acts, in accordance with Article 62, laying down detailed rules on the use of data collected during audits carried out by Commission officials or authorised Commission representatives.
Article 35
Procedure for the designation of the managing authority and the certifying authority
1. The Member State shall notify the Commission of the date and form of the designations, which shall be carried out at an appropriate level, of the managing authority and, where appropriate, of the certifying authority, prior to the submission of the first application for interim payment to the Commission.
2. The designations referred to in paragraph 1 shall be based on a report and an opinion of an independent audit body that assesses the fulfilment by the authorities of the criteria relating to the internal control environment, risk management, management and control activities, and monitoring set out in Annex IV.
The independent audit body shall be the audit authority, or another public or private law body with the necessary audit capacity, which is independent of the managing authority and, where applicable, of the certifying authority, and which shall carry out its work taking account of internationally accepted audit standards.
3. Member States may decide that a managing authority or a certifying authority which has been designated in relation to an ESF co-financed operational programme pursuant to Regulation (EU) No 1303/2013 is deemed to be designated for the purposes of this Regulation.
4. The Commission may request, within one month of notification of the designations referred to in paragraph 1, the report and the opinion of the independent audit body referred to in paragraph 2 and the description of the functions and procedures in place for the managing authority or, where appropriate, the certifying authority. The Commission shall decide whether to request those documents on the basis of its risk assessment.
The Commission may make observations within two months of receipt of the documents referred to in the first subparagraph.
Without prejudice to Article 46, the examination of those documents shall not interrupt the treatment of applications for interim payments.
5. Where existing audit and control results show that the designated authority no longer fulfils the criteria referred to in paragraph 2, the Member State shall, at an appropriate level, fix, according to the severity of the problem, a period of probation, during which the necessary remedial action shall be taken.
Where the designated authority fails to implement the required remedial action within the period of probation determined by the Member State, the Member State, at an appropriate level, shall end its designation.
The Member State shall notify the Commission without delay when a designated authority is put under probation, providing information on the respective period of probation, when following implementation of remedial actions the probation is ended, as well as when the designation of an authority is ended. The notification that a designated body is put on probation by the Member State, without prejudice to the application of Article 46, shall not interrupt the treatment of applications for interim payments.
6. Where the designation of a managing authority or a certifying authority is ended, Member States shall designate, in accordance with the procedure provided for in paragraph 2, a new body to take over the functions of the managing authority or of the certifying authority, and shall notify the Commission thereof.
7. The Commission shall, in order to ensure uniform conditions for the implementation of this Article, adopt implementing acts concerning the model for the report and opinion of the independent audit body and the description of the functions and procedures in place for the managing authority and, where appropriate, the certifying authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(3).
Article 36
Commission powers and responsibilities
1. The Commission shall satisfy itself on the basis of available information, including information on the designation of bodies responsible for the management and control, the documents provided each year, in accordance with Article 59(5) of the Financial Regulation, by those designated bodies, control reports, annual implementation reports and audits carried out by national and Union bodies, that the Member States have set up management and control systems that comply with this Regulation and that those systems function effectively during the implementation of operational programmes.
2. Commission officials or authorised Commission representatives may carry out on-the-spot audits or checks subject to giving at least 12 working days' notice to the competent national authority, except in urgent cases. The Commission shall respect the principle of proportionality by taking into account the need to avoid unjustified duplication of audits or checks carried out by Member States, the level of risk to the budget of the Union and the need to minimise the administrative burden on beneficiaries in accordance with this Regulation. The scope of such audits or checks may include, in particular, verification of the effective functioning of management and control systems in a programme or a part thereof, in operations and assessment of the sound financial management of operations or programmes. Officials or authorised representatives of the Member State may take part in such audits or checks.
Commission officials or authorised Commission representatives, duly empowered to carry out on-the-spot audits or checks, shall have access to all necessary records, documents and metadata, irrespective of the medium in which they are stored, relating to operations supported by the Fund or to management and control systems. Member States shall provide copies of such records, documents and metadata to the Commission upon request.
The powers set out in this paragraph shall not affect the application of national provisions which reserve certain acts for agents specifically designated by national legislation. Commission officials and authorised representatives shall not take part, inter alia, in home visits or the formal questioning of persons within the framework of national legislation. However, such officials and representatives shall have access to the information thus obtained without prejudice to the competences of national courts and in full respect of the fundamental rights of the legal subjects concerned.
3. The Commission may require a Member State to take the actions necessary to ensure the effective functioning of their management and control systems or to verify the correctness of expenditure in accordance with this Regulation.
Article 37
Cooperation with audit authorities
1. The Commission shall cooperate with audit authorities to coordinate their audit plans and methods and shall immediately exchange with those authorities the results of audits carried out on management and control systems.
2. To facilitate this cooperation in cases where a Member State designates more than one audit authority, the Member State may designate a coordination body.
3. The Commission, the audit authorities and any coordination body shall meet on a regular basis and, as a general rule, at least once a year, unless otherwise agreed, to examine the annual control report, the audit opinion and the audit strategy, and to exchange views on issues relating to improvement of the management and control systems.
TITLE VI
FINANCIAL MANAGEMENT, EXAMINATION AND ACCEPTANCE OF ACCOUNTS, FINANCIAL CORRECTIONS AND DECOMMITMENTS
CHAPTER 1
Financial management
Article 38
Budget commitments
The budget commitments of the Union in respect of each operational programme shall be made in annual instalments during the period between 1 January 2014 and 31 December 2020. The decision of the Commission adopting an operational programme shall constitute a financing decision within the meaning of Article 84 of the Financial Regulation and once notified to the Member State concerned, a legal commitment within the meaning of that Regulation.
For each operational programme, the budget commitment for the first instalment shall follow the adoption of the operational programme by the Commission.
The budget commitments for subsequent instalments shall be made by the Commission before 1 May of each year, on the basis of the decision referred to in the second paragraph, except where Article 16 of the Financial Regulation applies.
Article 39
Payments by the Commission
1. Payments by the Commission of the contribution from the Fund to each operational programme shall be made in accordance with budget appropriations and subject to available funding. Each payment shall be posted to the earliest open budget commitment of the Fund.
2. Payments shall take the form of pre-financing, interim payments and payment of the final balance.
Article 40
Interim payments and payment of the final balance by the Commission
1. The Commission shall reimburse as interim payments 90 % of the amount resulting from applying the co-financing rate laid down in the decision adopting the operational programme to the eligible public expenditure included in the payment application. The Commission shall determine the remaining amounts to be reimbursed as interim payments or recovered in accordance with Article 50.
2. Notwithstanding Article 21, the contribution from the Fund through the interim payments and the payment of the final balance shall not be higher than the maximum amount of contribution from the Fund as laid down in the decision of the Commission approving the operational programme.
Article 41
Payment applications
1. The payment application to be submitted to the Commission shall provide all the information necessary for the Commission to produce accounts in accordance with Article 68(3) of the Financial Regulation.
2. Payment applications shall include for the operational programme as a whole and for technical assistance referred to in Article 27(4):
(a)
the total amount of eligible public expenditure incurred by beneficiaries and paid in implementing operations, as entered in the accounting system of the certifying authority;
(b)
the total amount of public expenditure incurred in implementing operations as entered in the accounting system of the certifying authority.
3. Eligible expenditure included in a payment application shall be supported by receipted invoices or accounting documents of equivalent probative value, except for forms of support under points (b), (c) and (d) of Article 25(1). For those forms of grants, the amounts included in a payment application shall be the costs calculated on the applicable basis.
4. The Commission shall, in order to ensure uniform conditions for the implementation of this Article, adopt, implementing acts, laying down the model for payment applications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(3).
Article 42
Payments to beneficiaries
1. The managing authority shall ensure that, in the case of grants to partner organisations, beneficiaries are provided with a float that is sufficient to ensure proper implementation of the operations.
2. Subject to the availability of funding from pre-financing and interim payments, the managing authority shall ensure that a beneficiary receives the total amount of eligible public expenditure due in full and no later than 90 days from the date of submission of the payment claim by the beneficiary. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce amounts due to beneficiaries.
3. The payment deadline referred to in paragraph 2 may be interrupted by the managing authority in either of the following duly justified cases:
(a)
the amount of the payment claim is not due or the appropriate supporting documents, including the documents necessary for management verifications under point (a) of Article 32(4), have not been provided;
(b)
an investigation has been initiated in relation to a possible irregularity affecting the expenditure concerned.
The beneficiary concerned shall be informed in writing of the interruption and the reasons for it.
Article 43
Use of the euro
1. Amounts set out in operational programmes submitted by Member States, statements of expenditure, requests for payment, accounts and expenditure mentioned in the annual and final implementation reports shall be denominated in euro.
2. Member States which have not adopted the euro as their currency on the date of an application for payment shall convert the amounts of expenditure incurred in national currency into euro. Those amounts shall be converted into euro using the monthly accounting exchange rate of the Commission in the month during which the expenditure was registered in the accounts of the certifying authority of the operational programme concerned. The exchange rate shall be published electronically by the Commission each month.
3. When the euro becomes the currency of a Member State, the conversion procedure set out in paragraph 2 shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.
Article 44
Payment and clearance of pre-financing
1. Following the Commission decision adopting the operational programme, a pre-financing amount of 11 % of the Fund's overall contribution to the operational programme concerned shall be paid by the Commission.
2. Pre-financing shall be used only for payments to beneficiaries in the implementation of the operational programme. It shall be made available without delay to the responsible body for this purpose.
3. The total amount paid as pre-financing shall be reimbursed to the Commission if no payment application for the operational programme concerned is sent within 24 months of the date on which the Commission pays the first pre-financing amount. The Union contribution to the operational programme concerned shall not be affected by such reimbursement.
4. The amount paid as pre-financing shall be totally cleared from the Commission accounts at the latest when the operational programme is closed.
Article 45
Deadline for presentation of interim payment applications and for their payment
1. The certifying authority shall submit on a regular basis an application for interim payment in accordance with Article 41(2) covering amounts entered in its accounting system in the accounting year. However, the certifying authority, where it considers it to be necessary, may include such amounts in payment applications submitted in subsequent accounting years.
2. The certifying authority shall submit the final application for an interim payment by 31 July following the end of the previous accounting year and, in any event, before the first application for interim payment for the next accounting year.
3. The first application for interim payment shall not be made before the notification to the Commission of the designation of the managing authority and the certifying authority in accordance with Article 35.
4. Interim payments shall not be made for an operational programme unless the annual implementation report has been sent to the Commission in accordance with Article 13.
5. Subject to available funding, the Commission shall make the interim payment no later than 60 days after the date on which a payment application is registered with the Commission.
Article 46
Interruption of the payment deadline
1. The payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of six months if:
(a)
following information provided by a national or Union audit body, there is clear evidence to suggest a significant deficiency in the functioning of the management and control system;
(b)
the authorising officer by delegation has to carry out additional verifications following information that has come to that officer's attention alerting him or her that expenditure in a request for payment is linked to an irregularity having serious financial consequences;
(c)
there is a failure to submit one of the documents required under Article 59(5) of the Financial Regulation.
The Member State may agree to an extension of the interruption period for another three months.
2. The authorising officer by delegation shall limit the interruption to the part of the expenditure covered by the payment claim affected by the elements referred to in the first subparagraph of paragraph 1, unless it is not possible to identify the part of the expenditure affected. The authorising officer by delegation shall inform the Member State and the managing authority in writing immediately of the reason for interruption and shall ask them to remedy the situation. The interruption shall be ended by the authorising officer by delegation as soon as the necessary measures have been taken.
Article 47
Suspension of payments
1. All or part of the interim payments may be suspended by the Commission if one or more of the following conditions are met:
(a)
there is a serious deficiency in the effective functioning of the management and control system of the operational programme, which has put at risk the Union contribution to the operational programme and for which corrective measures have not been taken;
(b)
expenditure in a statement of expenditure is linked to an irregularity having serious financial consequences which has not been corrected;
(c)
the Member State has failed to take the necessary action to remedy the situation giving rise to an interruption under Article 46;
(d)
there is a serious deficiency in the quality and reliability of the monitoring system or of the data on indicators.
2. The Commission may decide, by means of implementing acts, to suspend all or part of interim payments, after having given the Member State the opportunity to present its observations.
3. The Commission shall end suspension of all or part of interim payments where the Member State has taken the necessary measures to enable the suspension to be lifted.
CHAPTER 2
Preparation, examination and acceptance of accounts and closure of operational programmes
Article 48
Submission of information
For each year from 2016 until and including 2025, Member States shall submit to the Commission by the deadline set out in Article 59(5) of the Financial Regulation, the following documents referred to in that Article, namely:
(a)
the accounts referred to in Article 49(1) of this Regulation, for the preceding accounting year;
(b)
the management declaration and the annual summary referred to in point (e) of Article 32(4) of this Regulation, for the preceding accounting year;
(c)
the audit opinion and the control report referred to in points (a) and (b) of Article 34(5) of this Regulation for the preceding accounting year.
Article 49
Preparation of the accounts
1. The accounts referred to in point (a) of the first subparagraph of Article 59(5) of the Financial Regulation shall be submitted to the Commission for each operational programme. The accounts shall cover the accounting year and shall include the following:
(a)
the total amount of eligible public expenditure entered into the accounting systems of the certifying authority which has been included in payment applications submitted to the Commission, in accordance with Article 41 and Article 45(2), by 31 July following the end of the accounting year, the total amount of the corresponding eligible public expenditure incurred in implementing operations, and the total amount of corresponding payments made to beneficiaries under Article 42(2);
(b)
the amounts withdrawn and recovered during the accounting year, the amounts to be recovered as at the end of the accounting year and the irrecoverable amounts;
(c)
a reconciliation between the expenditure stated pursuant to point (a) and the expenditure declared in respect of the same accounting year in payment applications, accompanied by an explanation of any differences.
2. Where expenditure previously included in an application for interim payment for the accounting year is excluded by a Member State from its accounts, due to an ongoing assessment of that expenditure's legality and regularity, any or all of that expenditure subsequently found to be legal and regular may be included in an application for interim payment relating to subsequent accounting years.
3. The Commission shall, in order to lay down uniform conditions for the implementation of this Article, adopt implementing acts setting out the model for the accounts referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63(3).
Article 50
Examination and acceptance of accounts
1. By 31 May of the year following the end of the accounting period, the Commission shall, in accordance with Article 59(6) of the Financial Regulation, carry out an examination of the documents submitted by the Member State under Article 48 of this Regulation.
Upon request by the Commission, the Member State shall provide all necessary additional information to enable the Commission to determine whether the accounts are complete, accurate and true by the deadline set out in the first subparagraph of this paragraph.
2. The Commission shall accept the accounts where it is able to conclude that the accounts are complete, accurate and true. The Commission shall reach such a conclusion where the audit authority has provided an unqualified audit opinion regarding the completeness, accuracy and veracity of the accounts unless the Commission has specific evidence that the audit opinion on the accounts is unreliable.
3. The Commission shall inform the Member State by the deadline set out in paragraph 1 whether it is able to accept the accounts.
4. If for reasons attributable to Member State, the Commission is unable to accept the accounts by the deadline set out in paragraph 1 the Commission shall notify the Member States specifying the reasons in accordance with paragraph 2 and the actions which are required to be undertaken and the time period for their completion. At the end of that period the Commission shall inform the Member State whether it is able to accept the accounts.
5. Issues related to legality and regularity of the underlying transactions concerning expenditure entered in the accounts shall not be taken into account for the purposes of acceptance of the accounts by the Commission. The procedure for examination and acceptance of the accounts shall not interrupt the treatment of applications for interim payments and shall not lead to suspension of payments, without prejudice to Articles 46 and 47.
6. On the basis of the accepted accounts the Commission shall calculate the amount chargeable to the Fund for the accounting year and the consequent adjustments in relation to the payments to the Member State. The Commission shall take into account:
(i)
the amounts in the accounts referred to in point (a) of Article 49(1), and to which the co-financing rate defined in Article 20 is to be applied;
(ii)
the total amount of payments made by the Commission during that accounting year, consisting of the amount of interim payments paid by the Commission in accordance with Article 21 and Article 40(1).
7. After the calculation carried out under paragraph 6 of this Article, the Commission shall pay any additional amount due within 30 days of the acceptance of the accounts. Where there is an amount recoverable from the Member State, it shall be subject to a recovery order issued by the Commission which shall be executed, where possible, by offsetting against amounts due to the Member State under subsequent payments to the same operational programme. Such recovery shall not constitute a financial correction and shall not reduce support from the Fund to the operational programme. The amount recovered shall constitute assigned revenue in accordance with Article 177(3) of the Financial Regulation.
8. Where after applying the procedure set out in paragraph 4, the Commission is unable to accept the accounts, the Commission shall determine, on the basis of the available information and in accordance with paragraph 6, the amount chargeable to the Fund for the accounting year, and shall inform the Member State. Where the Member State notifies the Commission of its agreement within two months of the transmission by the Commission of the information, paragraph 7 shall apply. In the absence of such agreement, the Commission shall adopt a decision, by means of implementing acts, setting out the amount chargeable to the Fund for the accounting year. Such decision shall not constitute a financial correction and shall not reduce support from the Fund to the operational programme. On the basis of the decision, the Commission shall apply the adjustments to the payments to the Member State in accordance with paragraph 7.
9. The acceptance of the accounts by the Commission, or a decision by the Commission under paragraph 8, shall be without prejudice to the application of corrections under Articles 55 and 56.
10. Member States may replace irregular amounts which are detected after the submission of the accounts by making the corresponding adjustments in the accounts for the accounting year in which the irregularity is detected, without prejudice to Articles 55 and 56.
Article 51
Availability of documents
1. The managing authority shall ensure that all supporting documents regarding expenditure supported by the Fund on operations for which the total eligible public expenditure is less than EUR 1 000 000, are made available to the Commission and the European Court of Auditors upon request for a period of three years from 31 December following the submission of the accounts in which the expenditure of the operation is included.
In the case of operations other than those referred to in the first subparagraph, all supporting documents shall be made available for a two year period from 31 December following the submission of the accounts in which the final expenditure of the completed operation is included.
A managing authority may decide to apply to operations for which the total eligible expenditure is less than EUR 1 000 000 the rule referred to in second subparagraph.
The time period referred to in the first subparagraph shall be interrupted either in the case of legal proceedings or by a duly justified request of the Commission.
2. The managing authority shall inform beneficiaries of the start date of the period referred to in paragraph 1.
3. The documents shall be kept either in the form of the originals, or certified true copies of the originals, or on commonly accepted data carriers including electronic versions of original documents or documents existing in electronic version only.
4. The documents shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed.
5. The procedure for certification of conformity of documents held on commonly accepted data carriers with the original document shall be laid down by the national authorities and shall ensure that the versions held comply with national legal requirements and can be relied on for audit purposes.
6. Where documents exist in electronic form only, the computer systems used shall meet accepted security standards that ensure that the documents held comply with national legal requirements and can be relied on for audit purposes.
Article 52
Submission of closure documents and payment of the final balance
1. In addition to the documents referred to in Article 48, for the final accounting year from 1 July 2023 to 30 June 2024, Member States shall submit a final implementation report for the operational programme.
2. The final balance shall be paid no later than three months after the date of acceptance of accounts of the final accounting year or one month after the date of acceptance of the final implementation report, whichever date is later.
CHAPTER 3
Financial corrections and recoveries
Article 53
Financial corrections by Member States
1. The Member States shall in the first instance be responsible for investigating irregularities and for making the financial corrections required and pursuing recoveries. In the case of a systemic irregularity, the Member State shall extend its investigation to cover all operations potentially affected.
2. The Member States shall make the financial corrections required in connection with individual or systemic irregularities detected in operations or operational programmes. Financial corrections shall consist of cancelling all or part of the public contribution to an operation or operational programme. The Member State shall take into account the nature and gravity of the irregularities and the financial loss to the Fund and shall apply a proportionate correction. Financial corrections shall be recorded in the accounts by the managing authority for the accounting year in which the cancellation is decided.
3. The contribution from the Fund cancelled in accordance with paragraph 2 may be reused by the Member State within the operational programme concerned, subject to paragraph 4.
4. The contribution cancelled in accordance with paragraph 2 may not be reused for any operation that was the subject of the correction or, where a financial correction is made for a systemic irregularity, for any operation affected by the systemic irregularity.
5. A financial correction shall not prejudice the Member States' obligation to pursue recoveries under this Article.
Article 54
Financial corrections by the Commission
1. The Commission shall make financial corrections, by means of implementing acts, by cancelling all or part of the Union contribution to an operational programme and effecting recovery from the Member State in order to exclude from Union financing expenditure which is in breach of applicable law.
2. A breach of applicable law shall lead to a financial correction only in relation to expenditure which has been declared to the Commission and where one of the following conditions is met:
(a)
the breach has affected the selection of an operation by the body responsible for support from the Fund or in cases where, due to the nature of the breach, it is not possible to establish that impact but there is a substantiated risk that the breach has had such an effect;
(b)
the breach has affected the amount of expenditure declared for reimbursement by the budget of the Union or in cases where, due to the nature of the breach, it is not possible to quantify its financial impact but there is a substantiated risk that the breach has had such an effect.
3. When deciding on a financial correction under paragraph 1, the Commission shall respect the principle of proportionality by taking account of the nature and gravity of the breach of applicable law and its financial implications for the budget of the Union. The Commission shall keep the European Parliament and the Council informed of decisions taken to apply financial corrections.
Article 55
Criteria for financial corrections by the Commission
1. The Commission shall make financial corrections by means of implementing acts by cancelling all or part of the Union contribution to an operational programme in accordance with Article 54 where, after carrying out the necessary examination, it concludes that:
(a)
there is a serious deficiency in the effective functioning of the management and control system of the operational programme which has put at risk the Union contribution already paid to the operational programme;
(b)
the Member State has not complied with its obligations under Article 53 prior to the opening of the correction procedure under this paragraph;
(c)
expenditure contained in a payment application is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph.
The Commission shall base its financial corrections on individual cases of identified irregularity and shall take account of whether an irregularity is systemic. Where it is not possible to quantify precisely the amount of irregular expenditure charged to the Fund, the Commission shall apply a flat-rate or extrapolated financial correction.
2. The Commission shall, when deciding on a correction under paragraph 1, respect the principle of proportionality by taking account of the nature and gravity of the irregularity and the extent and financial implications of the deficiencies in management and control systems found in the operational programme.
3. Where the Commission bases its position on reports of auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences after examining the measures taken by the Member State concerned under Article 53(2), the notifications sent under Article 30(2), and any replies from the Member State.
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 62, laying down detailed rules concerning the criteria for determining serious deficiencies in the effective functioning of management and control systems, including the main types of such deficiencies, the criteria for establishing the level of financial correction to be applied and the criteria for applying flat-rates or extrapolated financial corrections.
Article 56
Procedure for financial corrections by the Commission
1. Before taking a decision on a financial correction, the Commission shall launch the procedure by informing the Member State of the provisional conclusions of its examination and requesting the Member State to submit its comments within two months.
2. Where the Commission proposes a financial correction on the basis of extrapolation or a flat-rate, the Member State shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment. In agreement with the Commission, the Member State may limit the scope of that examination to an appropriate proportion or sample of the documentation concerned. Except in duly justified cases, the time allowed for this examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1.
3. The Commission shall take account of any evidence provided by the Member State within the time limits set out in paragraphs 1 and 2.
4. Where the Member State does not accept the provisional conclusions of the Commission, the Member State shall be invited to a hearing by the Commission, in order to ensure that all relevant information and observations are available as a basis for conclusions by the Commission on the application of the financial correction.
5. In the event of an agreement, and without prejudice to paragraph 7 of this Article, the Member State may reuse the Fund in accordance with Article 53(3).
6. In order to apply financial corrections the Commission shall take a decision, by means of implementing acts, within six months of the date of the hearing, or of the date of receipt of additional information where the Member State agrees to submit such additional information following the hearing. The Commission shall take account of all information and observations submitted during the course of the procedure. If no hearing takes place, the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the Commission.
7. Where the Commission in carrying out its responsibilities under Article 36, or the European Court of Auditors, detects irregularities demonstrating a serious deficiency in the effective functioning of the management and control systems, the resulting financial correction shall reduce support from the Fund to the operational programme.
The first subparagraph shall not apply in the case of a serious deficiency in the effective functioning of a management and control system which, prior to the date of detection by the Commission or the European Court of Auditors:
(a)
had been identified in the management declaration, annual control report or the audit opinion submitted to the Commission in accordance with Article 59(5) of the Financial Regulation, or in other audit reports of the audit authority submitted to the Commission and appropriate measures taken; or
(b)
had been the subject of appropriate remedial measures by the Member State.
The assessment of serious deficiencies in the effective functioning of a management and control system shall be based on the applicable law when the relevant management declarations, annual control reports and audit opinions were submitted.
When deciding on a financial correction the Commission shall:
(a)
respect the principle of proportionality by taking account of the nature and gravity of the serious deficiency in the effective functioning of a management and control system and its financial implications for the budget of the Union;
(b)
for the purpose of applying a flat-rate or extrapolated correction, exclude irregular expenditure previously detected by the Member State which has been the subject of an adjustment in the accounts in accordance with Article 50(10), and expenditure subject to an ongoing assessment of its legality and regularity under Article 49(2);
(c)
take into account flat-rate or extrapolated corrections applied to the expenditure by the Member State for other serious deficiencies detected by the Member State when determining the residual risk for the budget of the Union.
Article 57
Repayment
1. Any repayment due to be made to the budget of the Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 73 of the Financial Regulation. The due date shall be the last day of the second month following the issuing of the order.
2. Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be one-and-a-half percentage points above the rate applied by the European Central Bank in its main refinancing operations on the first working day of the month in which the due date falls.
Article 58
Proportional control of operational programmes
1. Operations for which the total eligible expenditure does not exceed EUR 150 000 shall not be subject to more than one audit by either the audit authority or the Commission prior to the submission of the accounts for the accounting year in which the operation is completed. Other operations shall not be subject to more than one audit per accounting year either by the audit authority or the Commission prior to the submission of the accounts for the accounting year in which the operation is completed. Operations shall not be subject to an audit by the Commission or the audit authority in any year if there has already been an audit in that year by the European Court of Auditors, provided that the results of the audit work performed by the European Court of Auditors for such operations can be used by the audit authority or the Commission for the purpose of fulfilling their respective tasks.
2. The audit of an operation supported by an OP I may cover all stages of its implementation and all levels of the distribution chain, with the sole exception of control of the end recipients, unless a risk assessment establishes a specific risk of irregularity or fraud.
3. For operational programmes for which the most recent audit opinion indicates that there are no significant deficiencies, the Commission may agree with the audit authority in the subsequent meeting referred to in Article 37(2) that the level of audit work required may be reduced so that it is proportionate to the risk established. In such cases, the Commission shall not carry out its own on-the-spot audits unless there is evidence suggesting deficiencies in the management and control system affecting expenditure declared to the Commission in an accounting year for which the accounts have been accepted by the Commission.
4. For operational programmes for which the Commission concludes that the opinion of the audit authority is reliable, it may agree with the audit authority to limit the Commission's own on-the-spot audits to audit the work of the audit authority unless there is evidence of deficiencies in the work of the audit authority work for an accounting year for which the accounts have been accepted by the Commission.
5. Notwithstanding paragraph 1, the audit authority and the Commission may carry out audits of operations in the event that a risk assessment or an audit by the European Court of Auditors establishes a specific risk of irregularity or fraud, in the case of evidence of serious deficiencies in the effective functioning of the management and control system of the operational programme concerned, and, during the period referred to in Article 51(1). The Commission may, for the purpose of assessing the work of an audit authority, review the audit trail of the audit authority or take part in the on-the-spot audits of the audit authority and, where, in accordance with internationally accepted audit standards, it is necessary for the purpose of obtaining assurance as to the effective functioning of the audit authority, the Commission may carry out audits of operations.
CHAPTER 4
Decommitment
Article 59
Decommitment
1. The Commission shall decommit any part of the amount in an operational programme that has not been used for payment of the pre-financing and interim payments by 31 December of the third financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with Article 41 has not been submitted in accordance with Article 45, including any payment application for which all or part is subject to an interruption of the payment deadline or suspension of payments.
2. That part of commitments still open on 31 December 2023 shall be decommitted if any of the documents required under Article 52(1) has not been submitted to the Commission by the deadline set out in Article 52(1).
Article 60
Exception to the decommitment
1. The amount concerned by decommitment shall be reduced by the amounts equivalent to that part of the budget commitment for which:
(a)
the operations are suspended by a legal proceeding or by an administrative appeal having suspensory effect; or
(b)
it has not been possible to make a request for payment for reasons of force majeure seriously affecting implementation of all or part of the operational programme.
The national authorities claiming force majeure under point (b) of the first subparagraph shall demonstrate the direct consequences of the force majeure on the implementation of all or part of the operational programme.
For the purpose of points (a) and (b) of the first subparagraph, the reduction may be requested once, if the suspension or force majeure lasted no longer than one year, or a number of times that corresponds to the duration of the force majeure or the number of years between the date of the legal or administrative decision suspending the implementation of the operation and the date of the final legal or administrative decision.
2. By 31 January, the Member State shall send to the Commission information on the exceptions referred to in points (a) and (b) of the first subparagraph of paragraph 1 for the amount to be declared by the end of the preceding year.
Article 61
Procedure
1. The Commission shall inform the Member State and the managing authority in good time whenever there is a risk of application of the decommitment rule under Article 59.
2. On the basis of the information it received as of 31 January, the Commission shall inform the Member State and the managing authority of the amount of the decommitment resulting from that information.
3. The Member State shall have two months to agree to the amount to be decommitted or to submit its observations.
4. By 30 June, the Member State shall submit to the Commission a revised financing plan reflecting, for the financial year concerned, the reduced amount of support of the operational programme. Failing such submission, the Commission shall revise the financing plan by reducing the contribution from the Fund for the financial year concerned.
5. The Commission shall amend the decision adopting the operational programme, by means of implementing acts, no later than 30 September.
TITLE VII
DELEGATIONS OF POWER, IMPLEMENTING AND FINAL PROVISIONS
Article 62
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegations of power referred to in Article 13(6), the fifth subparagraph of Article 30(2), the first subparagraph of Article 32(8), Article 32(9), Article 34(7), Article 34(8) and Article 55(4) shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation.
3. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
4. The delegated acts shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
If the European Parliament or the Council objects to a delegated act, the act shall not enter into force. The institution that objects to the delegated act shall state the reasons for its objections.
Article 63
Committee Procedure
1. The Commission shall be assisted by a Committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act in respect of the implementing powers referred to in the second subparagraph of Article 32(8) of this Regulation, and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 64
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 March 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 133, 9.5.2013, p. 62
(2) OJ C 139, 17.5.2013, p. 59.
(3) Position of the European Parliament of 25 February 2014 (not yet published in the Official Journal) and decision of the Council of 10 March 2014.
(4) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
(5) Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, 20.12.2013, p. 470).
(6) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(7) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(8) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(9) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(10) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of the procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).
(11) Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (OJ L 118, 12.5.2010, p. 1).
(12) Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002, p. 1).
ANNEX I
OPERATIONAL PROGRAMME TEMPLATES
1. Template for Operational Programme OP I
Chapter
Section
Sub-section
Description / Observations
Size
(characters)
1.
IDENTIFICATION
The purpose of this section is to identify only the programme concerned. This section shall clearly state the following:
Member State
Name of the Operational Programme
CCI
2.
PROGRAMME FORMULATION
2.1.
Situation
An identification and a justification of the material deprivation(s) to be addressed
4 000
Indication of the type of material deprivation(s) retained for the OP.
2.2.
Material deprivation addressed
One section (and the corresponding sub-sections) shall be provided for each type of material deprivation to be addressed.
2.2.1.
Description
Description of the main characteristics of the distribution of food or basic material assistance to be provided and the corresponding accompanying measures.
4 000
2.2.2.
National schemes
Description of the national schemes to be supported
2 000
2.3.
Other
Any other information deemed necessary
4 000
3.
IMPLEMENTATION
3.1.
Identification of most deprived persons
Description of the mechanism setting the eligible criteria of the most deprived persons, differentiated if necessary by type of material deprivation addressed.
2 000
3.2.
Selection of operations
Criteria for the selection of operations and the description of the selection mechanism, differentiated if necessary by type of material deprivation addressed.
2 000
3.3.
Selection of partner organisations
Criteria for the selection of partner organisations, differentiated if necessary by type of material deprivation addressed.
2 000
3.4.
Complementarity with ESF
Description of the mechanism to ensure complementarity with the ESF
4 000
3.5.
Institutional set-up
The identification of the managing authority, the certifying authority where applicable, the audit authority and the body to which payments will be made by the Commission
2 000
3.6.
Monitoring and evaluation
Description of how the programme implementation will be monitored.
4 000
3.7.
Technical assistance
The description of the planned use of technical assistance pursuant to Article 27(4), including actions to reinforce the administrative capacity of the beneficiaries in relation to sound financial management of operations
4 000
4.
INVOLVEMENT OF STAKEHOLDERS
A description of the measures taken to involve all relevant stakeholders as well as, where appropriate, the competent regional, local and other public authorities in the preparation of the operational programme.
2 000
5.
FINANCIAL PLAN
This section shall contain:
5.1.
a table specifying for each year in accordance with Article 20 the amount of the financial appropriation envisaged for support from the Fund and the co-financing;
5.2.
a table specifying, for the whole programming period, the amount of the total financial appropriation of the support from the operational programme for each type of material deprivation addressed as well as the corresponding accompanying measures.
Text: 1 000
Data in CSV or XLS format
Format for financial data (section 5):
5.1.
Financing plan of the operational programme giving the annual commitment of the Fund and corresponding national co-financing in the operational programme (in EUR)
Total
….
Fund (a)
National co-financing (b)
public expenditure
(c) = (a) + (b)
Co-financing rate
(d) = (a) / (c)
5.2.
Financing plan giving the amount of the total financial appropriations of the support from the operational programme for each type of material deprivation addressed as well as the corresponding accompanying measures (in EUR)
Type of material assistance
Public expenditure
Total
Technical assistance
Type of material assistance 1
of which, accompanying measures
Type of material assistance 2
of which, accompanying measures
Type of material assistance n
of which, accompanying measures
2. Template for Operational Programme OP II
Chapter
Section
Sub-section
Description / Observations
Size
(characters)
1.
IDENTIFICATION
The purpose of this section is only to identify the programme concerned. This section shall clearly state the following:
Member State
Name of the Operational Programme
CCI
2.
PROGRAMME FORMULATION
2.1.
Strategy
Description of strategy for the programme contribution to the promotion of social cohesion and poverty reduction in accordance with the Europe 2020 strategy, including a justification of the choice of assistance priority;
20 000
2.2.
Intervention logic
Identification of the national needs
3 500
Specific objectives of the operational programme
7 000
Expected results and corresponding output and results indicators, with a baseline and a target value (for each specific objective)
3 500
Identification of the most deprived persons to be targetted
3 500
Financial indicators
2 000
2.3.
Other
Any other information deemed necessary
3 500
IMPLEMENTATION
3.1.
Actions
Description of the types and examples of actions to be supported and their contribution to the specific objectives
7 000
3.2.
Selection of operations
Guiding principles for the selection of operations, differentiated, if necessary, by type of actions
3 500
3.3.
Beneficiaries
Identification of types of beneficiaries (where appropriate), differentiated, if necessary by type of actions
3 500
3.4.
Complementarity with ESF
Description of the mechanism to ensure complementarity with the ESF and prevention of overlap and double funding
4 000
3.5.
Institutional set-up
The identification of the managing authority, the certifying authority where applicable, the audit authority and the body to which payments will be made by the Commission
2 000
3.6.
Monitoring and evaluation
This sub-section shall describe how the programme implementation will be monitored. There is, in particular, a need to explain how indicators will be used to track programme implementation. The indicators shall include financial indicators relating to expenditures allocated and programme specific output indicators relating to the operations supported and programme specific result indicators in relation to each specific objective.
4 000
3.7.
Technical assistance
The description of the planned use of technical assistance pursuant to Article 27(4), including actions to reinforce the administrative capacity of the beneficiaries in relation to sound financial management of operations
4 000
4.
INVOLVEMENT OF STAKEHOLDERS
A description of the measures taken to involve all relevant stakeholders as well as, where appropriate, the competent regional, local and other public authorities in the preparation of the operational programme;
2 000
5.
FINANCIAL PLAN
This section shall contain:
5.1.
a table specifying for each year in accordance with Article 20 the amount of the financial appropriation envisaged for support from the Fund and the co-financing;
5.2.
a table specifying, for the whole programming period, the amount of the total financial appropriation of the support from the operational programme for each type of action supported
Text: 1 000
Data in CSV or XLS format
Format for financial data (section 5):
5.1.
Financing plan of the operational programme giving the annual commitment of the Fund and corresponding national co-financing in the operational programme (in EUR)
Total
….
Fund (a)
National co-financing (b)
public expenditure
(c) = (a) + (b)
Co-financing rate (1)
(d) = (a) / (c)
5.2.
Financing plan giving the amount of the total financial appropriations of the support from the Operational programme for each type of action (in EUR)
Intervention area
Public expenditure
Total
Technical Assistance
Type of action 1
Type of action 2
…
Type of action n
(1) This rate may be rounded to the nearest whole number in the table. The precise rate used to reimburse expenditure is the ratio (d).
ANNEX II
Annual breakdown of commitment appropriation for 2014 to 2020 (in 2011 prices)
EUR
485 097 840
EUR
485 097 840
EUR
485 097 840
EUR
485 097 840
EUR
485 097 840
EUR
485 097 840
EUR
485 097 840
Total
EUR
3 395 684 880
ANNEX III
The allocation of the Fund for the period 2014–2020 per Member State (in 2011 prices)
Member States
EUR
Belgium
65 500 000
Bulgaria
93 000 000
Czech Republic
20 700 000
Denmark
3 500 000
Germany
70 000 000
Estonia
7 100 000
Ireland
20 200 000
Greece
249 300 000
Spain
499 900 000
France
443 000 000
Croatia
32 500 000
Italy
595 000 000
Cyprus
3 500 000
Latvia
36 400 000
Lithuania
68 500 000
Luxembourg
3 500 000
Hungary
83 300 000
Malta
3 500 000
Netherlands
3 500 000
Austria
16 000 000
Poland
420 000 000
Portugal
157 000 000
Romania
391 300 000
Slovenia
18 200 000
Slovakia
48 900 000
Finland
20 000 000
Sweden
7 000 000
United Kingdom
3 500 000
Total
3 383 800 000
ANNEX IV
Designation Criteria for the managing authority and the certifying authority
1. Internal control environment
(i)
existence of an organisational structure covering the functions of managing and certifying authorities and the allocation of functions within each of them, ensuring that the principle of separation of functions, where appropriate, is respected;
(ii)
framework for ensuring, in case of delegation of tasks to intermediate bodies, the definition of their respective responsibilities and obligations, verification of their capacities to carry out delegated tasks and the existence of reporting procedures;
(iii)
reporting and monitoring procedures for irregularities and for the recovery of amounts unduly paid;
(iv)
Plan for allocation of appropriate human resources with necessary technical skills, at different levels and for different functions in the organisation.
2. Risk management
Taking into account the principle of proportionality, a framework for ensuring that an appropriate risk management exercise is conducted when necessary, and in particular, in the event of major modifications to the activities.
3. Management and control activities
A. Managing authority
(i)
procedures regarding grant applications, appraisal of applications, selection for funding, including instructions and guidance ensuring the contribution of operations to achieving the specific objectives and results of the operational programme in accordance with the provisions of point (b) of Article 32(3) of this Regulation;
(ii)
procedures for management verifications including administrative verifications in respect of each application for reimbursement by beneficiaries and the on-the-spot verifications of operations;
(iii)
procedures for treatment of applications for reimbursement by beneficiaries and authorisation of payments;
(iv)
procedures for a system to collect, record and store in computerised form data on each operation, including, where appropriate, data on individual participants and a breakdown of data on indicators by gender when required, and to ensure that systems security is in line with internationally accepted standards;
(v)
procedures established by the managing authority to ensure that beneficiaries maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation;
(vi)
procedures for putting in place effective and proportionate anti-fraud measures;
(vii)
procedures to ensure an adequate audit trail and archiving system;
(viii)
procedures to draw up the management declaration of assurance, report on the controls carried out and weaknesses identified, and the annual summary of final audits and controls;
(ix)
procedures to ensure the provision to the beneficiary of a document setting out the conditions for support for each operation.
B. Certifying authority
(i)
procedures for certifying interim payment applications to the Commission;
(ii)
procedures for drawing up the accounts and certifying that they are true, complete and accurate and that the expenditure complies with applicable law taking into account the results of all audits;
(iii)
procedures for ensuring an adequate audit trail by maintaining accounting records including amounts recoverable, recovered and withdrawn for each operation in computerised form;
(iv)
procedures, where appropriate, to ensure that it receives adequate information from the managing authority on the verifications carried out, and the results of the audits carried out by or under the responsibility of the audit authority.
4. Monitoring
A. Managing authority
(i)
where relevant, procedures to support the work of the monitoring committee;
(ii)
procedures to draw up and submit to the Commission annual and final implementation reports.
B. Certifying authority
Procedures on the fulfilment of its responsibilities for monitoring the results of the management verifications and the results of the audits carried out by or under the responsibility of the audit authority before submitting payment applications to the Commission. |
13.8.2014
EN
Official Journal of the European Union
L 240/20
COMMISSION IMPLEMENTING REGULATION (EU) No 879/2014
of 12 August 2014
fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(3) thereof,
After consulting the Committee on the Agricultural Funds,
Whereas:
(1)
Article 25 of Regulation (EU) No 1306/2013 lays down that a reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution has to be established by applying, at the beginning of each year, a reduction to direct payments with the financial discipline mechanism referred to in Article 26 of that Regulation.
(2)
Article 26(1) of Regulation (EU) No 1306/2013 lays down that in order to ensure that the annual ceilings set out in Council Regulation (EU, Euratom) No 1311/2013 (2) for the financing of the market related expenditure and direct payments are respected, an adjustment rate for direct payments has to be determined when the forecasts for the financing of the measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.
(3)
The amount of the reserve for crises in the agricultural sector, taken into account in the Commission 2015 Draft Budget, amounts to EUR 433 million in current prices. To cover this amount, the financial discipline mechanism has to apply to direct payments listed in Annex I to Council Regulation (EC) No 73/2009 (3) in respect of calendar year 2014.
(4)
The forecasts for the direct payments and market related expenditure determined in the Commission 2015 Draft Budget indicated that there is no need for any further financial discipline.
(5)
Acting in accordance with Article 26(2) of Regulation (EU) No 1306/2013, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council on fixing an adjustment rate for direct payments provided for in Regulation (EC) No 73/2009 in respect of calendar year 2014 (4) on 21 March 2014.
(6)
The European Parliament and the Council have not determined that adjustment rate by 30 June 2014. Therefore, in accordance with Article 26(3) of Regulation (EU) No 1306/2013, the Commission is to fix the adjustment rate by means of an implementing act and inform the European Parliament and the Council immediately thereof.
(7)
In accordance with Article 26(4) of Regulation (EU) No 1306/2013, the adjustment rate may be adapted by the Commission until 1 December 2014, on the basis of new information in its possession. In the event of new information, the Commission will take it into account and will adopt an implementing regulation adapting the adjustment rate by 1 December 2014, in the context of the Amending Letter to the Draft Budget 2015.
(8)
As a general rule, farmers submitting an aid application for direct payments for one calendar year (N) are paid within a fixed payment period falling under the financial year (N + 1). However, Member States have the possibility to make late payments, within certain limits, to farmers beyond this payment period without any time limits. Such late payments may fall in a later financial year. When financial discipline is applied for a given calendar year, the adjustment rate should not be applied to payments for which aid applications have been submitted in the calendar years other than that for which the financial discipline applies. Therefore, in order to ensure equal treatment of farmers, it is appropriate to provide that the adjustment rate is only applied to payments for which aid applications have been submitted in the calendar year for which the financial discipline is applied, irrespectively of when the payment to farmers is made.
(9)
Article 8(1) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (5) lays down that the adjustment rate applied to direct payments determined in accordance with Article 26 of Regulation (EU) No 1306/2013 applies only to direct payments in excess of EUR 2 000 to be granted to farmers in the corresponding calendar year. Furthermore Article 8(2) of Regulation (EU) No 1307/2013 provides that as a result of the gradual introduction of direct payments, the adjustment rate applies only to Bulgaria and Romania from 1 January 2016 and to Croatia from 1 January 2022. The adjustment rate to be determined by the present Regulation should therefore not apply to payments to farmers in those Member States,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purpose of applying the adjustment provided for in Articles 25 and 26 of Regulation (EU) No 1306/2013 and in accordance with Article 8(1) of Regulation (EU) No 1307/2013, the amounts of the payments within the meaning of Article 2(d) of Regulation (EC) No 73/2009 to be granted to a farmer in excess of EUR 2 000 for an aid application submitted in respect of calendar year 2014 shall be reduced by 1,301951 %.
2. The reduction provided for in paragraph 1 shall not apply in Bulgaria, Croatia and Romania.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 August 2014.
For the Commission
The President
José Manuel Barroso
(1) OJ L 347, 20.12.2013, p. 549.
(2) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(3) Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).
(4) COM(2014) 175.
(5) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608). |
19.2.2014
EN
Official Journal of the European Union
L 48/1
COMMISSION IMPLEMENTING REGULATION (EU) No 151/2014
of 18 February 2014
approving the active substance S-abscisic acid, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Articles 13(2) and 78(2) thereof,
Whereas:
(1)
In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For S-abscisic acid the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Implementing Decision 2011/253/EU (3).
(2)
In accordance with Article 6(2) of Directive 91/414/EEC the Netherlands received on 9 December 2010 an application from Sumitomo Chemical Agro Europe SAS for the inclusion of the active substance S-abscisic acid in Annex I to Directive 91/414/EEC. Implementing Decision 2011/253/EU confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.
(3)
For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 21 May 2012.
(4)
The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion (4) on the pesticide risk assessment of the active substance S-abscisic acid on 23 July 2013. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 13 December 2013 in the format of the Commission review report for S-abscisic acid.
(5)
It has appeared from the various examinations made that plant protection products containing S-abscisic acid may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve S-abscisic acid.
(6)
In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.
(7)
A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.
(8)
Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing S-abscisic acid. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.
(9)
The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.
(10)
In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (6) should be amended accordingly.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Approval of active substance
The active substance S-abscisic acid, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
Article 2
Re-evaluation of plant protection products
1. Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing S-abscisic acid as an active substance by 31 December 2014.
By that date they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing S-abscisic acid as either the only active substance or as one of several active substances, all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 30 June 2014 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
Following that determination Member States shall:
(a)
in the case of a product containing S-abscisic acid as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2015 at the latest; or
(b)
in the case of a product containing S-abscisic acid as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2015 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or those substances, whichever is the latest.
Article 3
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Article 4
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
(3) Commission Implementing Decision 2011/253/EU of 26 April 2011 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of metobromuron, S-Abscisic acid, Bacillus amyloliquefaciens subsp. plantarum D747, Bacillus pumilus QST 2808 and Streptomyces lydicus WYEC 108 in Annex I to Council Directive 91/414/EEC (OJ L 106, 27.4.2011, p. 13).
(4) EFSA Journal 2013; 11(8):3341. Available online: www.efsa.europa.eu
(5) Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (OJ L 366, 15.12.1992, p. 10).
(6) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).
ANNEX I
Common Name, Identification Numbers
IUPAC Name
Purity (1)
Date of approval
Expiration of approval
Specific provisions
S-abscisic acid
CAS No 21293-29-8
CIPAC No
Not allocated
(2Z,4E)-5-[(1S)-1-hydroxy-2,6,6-trimethyl-4-oxocyclohex-2-en-1-yl]-3-methylpenta-2,4-dienoic acid
or
(7E,9Z)-(6S)-6-hydroxy-3-oxo-11-apo-ε-caroten-11-oic acid
960 g/kg
1 July 2014
30 June 2024
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on S-abscisic acid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 13 December 2013, shall be taken into account.
In this overall assessment Member States shall pay particular attention to the protection of aquatic organisms.
Conditions of use shall include risk mitigation measures, where appropriate.
(1) Further details on identity and specification of active substance are provided in the review report.
ANNEX II
In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:
Number
Common Name, Identification Numbers
IUPAC Name
Purity (1)
Date of approval
Expiration of approval
Specific provisions
‘65
S-abscisic acid
CAS No
21293-29-8
CIPAC No
Not allocated
(2Z,4E)-5-[(1S)-1-hydroxy-2,6,6-trimethyl-4-oxocyclohex-2-en-1-yl]-3-methylpenta-2,4-dienoic acid
or
(7E,9Z)-(6S)-6-hydroxy-3-oxo-11-apo-ε-caroten-11-oic acid
960 g/kg
1 July 2014
30 June 2024
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on S-abscisic acid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 13 December 2013, shall be taken into account.
In this overall assessment Member States shall pay particular attention to the protection of aquatic organisms.
Conditions of use shall include risk mitigation measures, where appropriate.’
(1) Further details on identity and specification of active substance are provided in the review report. |
19.6.2014
EN
Official Journal of the European Union
L 179/70
COMMISSION IMPLEMENTING REGULATION (EU) No 672/2014
of 18 June 2014
on the issue of import licences for applications lodged during the first seven days of June 2014 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,
Whereas:
The applications for import licences lodged during the first seven days of June 2014 for the subperiod from 1 July to 30 September 2014 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 July to 30 September 2014 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 309, 27.11.2007, p. 47.
ANNEX
Group No
Order No
Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2014-30.9.2014
(%)
09.4410
0,231268
09.4411
0,233646
09.4412
0,245581
09.4420
0,269544
09.4422
0,270493 |
14.6.2014
EN
Official Journal of the European Union
L 175/45
COMMISSION IMPLEMENTING DECISION
of 13 June 2014
on the compliance of European standards EN 15649-1:2009+A2:2013 and EN 15649-6:2009+A1:2013 for floating leisure articles for use on and in the water with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the references of those standards in the Official Journal of the European Union
(Text with EEA relevance)
(2014/359/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular the first subparagraph of Article 4(2) thereof,
Whereas:
(1)
Article 3(1) of Directive 2001/95/EC requires producers to place only safe products on the market.
(2)
Under the second subparagraph of Article 3(2) of Directive 2001/95/EC, a product shall be presumed safe, as far as the risks and risk categories covered by the relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards, the references of which have been published by the Commission in the Official Journal of the European Union, in accordance with Article 4(2) of that Directive.
(3)
Pursuant to Article 4(1) of Directive 2001/95/EC, European standards are established by European standardisation organisations (ESOs) under mandates drawn up by the Commission.
(4)
Pursuant to Article 4(2) of Directive 2001/95/EC, the Commission is to publish the references of such standards.
(5)
On 21 April 2005, the Commission adopted Decision 2005/323/EC on the safety requirements to be met by the European standards for floating leisure articles for use on or in the water pursuant to Directive 2001/95/EC of the European Parliament and of the Council (2).
(6)
On 6 September 2005, the Commission issued mandate M/372 to the ESOs for drawing up European standards to address the main risks associated with floating leisure articles for use on and in the water, namely drowning and near-drowning accidents as well as other risks related to the product design, such as drifting away, losing hold, falling from high height, entrapment or entanglement above or below the water surface, sudden loss of buoyancy, capsizing, cold shock, as well as the risks inherent to their use, such as collision and impact, and risks linked to winds, currents and tides.
(7)
The European Committee for Standardisation (CEN) adopted a series of European standards (EN 15649 parts 1–7) for floating leisure articles in response to the Commission's mandate; on 18 July 2013 the Commission adopted Implementing Decision 2013/390/EU (3) stating that European standards EN 15649 (parts 1–7) for floating leisure articles meet the general safety requirement of Directive 2001/95/EC for the risks they cover, and published their references in part C of the Official Journal of the European Union.
(8)
Since then CEN has revised the following European standards for floating leisure articles for use on and in the water: EN 15649-1:2009+A2:2013 and EN 15649-6:2009+A1:2013.
(9)
European standards EN 15649-1:2009+A2:2013 and EN 15649-6:2009+A1:2013 fulfil the mandate M/372 and comply with the general safety requirement of Directive 2001/95/EC. Their references should accordingly be published in the Official Journal of the European Union.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Directive 2001/95/EC,
HAS ADOPTED THIS DECISION:
Article 1
The following European standards meet the general safety requirement of Directive 2001/95/EC for the risks they cover:
(a)
EN 15649-1:2009+A2:2013 ‘Floating leisure articles for use on and in the water — Part 1: Classification, materials, general requirements and test methods’;
(b)
EN 15649-6:2009+A1:2013 ‘Floating leisure articles for use on and in the water — Part 6: Additional specific safety requirements and test methods for Class D devices’.
Article 2
The references of standards EN 15649-1:2009+A2:2013 and EN 15649-6:2009+A1:2013 shall be published in part C of the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 13 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 104, 23.4.2005, p. 39.
(3) OJ L 196, 19.7.2013, p. 22. |
28.10.2014
EN
Official Journal of the European Union
L 307/26
COMMISSION REGULATION (EU) No 1136/2014
of 24 October 2014
amending Regulation (EU) No 283/2013 as regards the transitional measures applying to procedures concerning plant protection products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 78(1)(b) thereof,
Whereas:
(1)
Commission Regulation (EU) No 283/2013 (2) repealed Commission Regulation (EU) No 544/2011 (3) and laid down new data requirements for active substances.
(2)
In order to permit Member States and the interested parties to prepare themselves to meet those new requirements, Regulation (EU) No 283/2013 sets transitional measures concerning both submission of data for applications for the approval, renewal of approval or amendment to the approval of active substances and submission of data for applications for authorisation, renewal of authorisation or amendment to the authorisation of plant protection products.
(3)
In order to allow, in certain cases, the submission of data concerning the active substances in applications for authorisation or for amendment of the authorisation of plant protection products in accordance with the data requirements in force at the time of their approval or renewal, the transitional measures as regards procedures concerning the authorisation of plant protection products should be amended. The reason for such change is to prevent the occurrence of disparities in the assessment of data generated in accordance with the new data requirements by Member States belonging to different zones and, accordingly, to preserve a uniform and harmonized approach to the assessment of those data through their evaluation at Union level.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Article 4(1) of Regulation (EU) No 283/2013 is replaced by the following:
‘1. In case of applications for authorisation, as referred to in Article 28 of Regulation (EC) No 1107/2009, which concern plant protection products containing one or more active substances for which the dossiers have been submitted in compliance with Article 3 or for which the approval has not been renewed in accordance with Article 14 of Regulation (EC) No 1107/2009 and in accordance with Commission Implementing Regulation (EU) No 844/2012 (4), Regulation (EU) No 544/2011 shall continue to apply to the submission of data concerning this(these) active substance(s).
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 309, 24.11.2009, p. 1.
(2) Commission Regulation (EU) No 283/2013 of 1 March 2013 setting out the data requirements for active substances, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 93, 3.4.2013, p. 1).
(3) Commission Regulation (EU) No 544/2011 of 10 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for active substances (OJ L 155, 11.6.2011, p. 1).
(4) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).’ |
20.12.2014
EN
Official Journal of the European Union
L 366/1
COUNCIL REGULATION (EU) No 1367/2014
of 15 December 2014
fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.
(2)
Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF).
(3)
It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy established by Regulation (EU) No 1380/2013.
(4)
The total allowable catches (TACs) should be established on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, and in particular the Regional Advisory Councils concerned.
(5)
Fishing opportunities should be in accordance with international agreements and principles, such as the 1995 United Nations agreement concerning the conservation and management of straddling stocks and highly migratory fish stocks (2), and the detailed management principles laid down in the 2008 International Guidelines for the Management of Deep-sea Fisheries in the High Seas of the Food and Agriculture Organisation of the United Nations, according to which, in particular, a regulator should be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.
(6)
The latest scientific advice from the International Council for the Exploration of the Sea (ICES) and from STECF indicates that most deep-sea stocks are still harvested unsustainably and that fishing opportunities for those stocks, in order to assure their sustainability, should be further reduced until the evolution of the stocks shows a positive trend. The ICES has further advised that no directed fishery should be allowed for orange roughy in all areas and for certain stocks of red seabream and roundnose grenadier.
(7)
As regards the four stocks of roundnose grenadier, scientific advice and recent discussions in the North East Atlantic Fisheries Commission (NEAFC) indicate that catches of this species may be misreported as catches of roughhead grenadier. In this context, it is appropriate to establish a TAC covering both species while enabling a separate reporting for each of them.
(8)
Concerning deep sea sharks, the main commercial species are considered depleted and, therefore, no directed fishing should take place. Furthermore, in view of the migratory nature of deep-sea sharks and their wide distribution throughout the North East Atlantic, STECF has recommended that management measures for these species be extended to Union waters of Committee for Eastern and Central Atlantic Fisheries (CECAF) around Madeira.
(9)
The fishing opportunities for deep-sea species as defined in Article 2(a) of Council Regulation (EC) No 2347/2002 (3) are decided on a bi-annual basis. Nevertheless, an exception is made for the stocks of greater silver smelt and the stocks of blue ling. As regards the latter, the main fishery of blue ling is linked to the annual negotiations with Norway; in the interest of simplification, all blue ling TACs should be established along that one and within the same legal act. Therefore, fishing opportunities for the stocks of greater silver smelt and of blue ling should be set in another relevant annual regulation fixing fishing opportunities.
(10)
In accordance with Council Regulation (EC) No 847/96 (4) the stocks that are subject to various measures referred to therein should be identified. Precautionary TACs should apply for stocks for which no scientifically-based evaluation of fishing opportunities is available specifically for the year in which the TACs are to be set; analytical TACs should apply otherwise. In view of ICES and STECF advice for deep-sea stocks, those for which a science-based evaluation of the relevant fishing opportunities is not available should be subject to precautionary TACs in this Regulation.
(11)
In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2015. For reasons of urgency, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation fixes for the years 2015 and 2016 the annual fishing opportunities available to Union fishing vessels for fish stocks of certain deep-sea species in Union waters and in certain non-Union waters where catch limits are required.
Article 2
Definitions
1. For the purposes of this Regulation, the following definitions shall apply:
(a)
‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
(b)
‘Union waters’ means the waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories listed in Annex II to the Treaty;
(c)
‘total allowable catch’ (TAC) means the quantity that can be taken and landed from each fish stock each year;
(d)
‘quota’ means a proportion of the TAC allocated to the Union or a Member State;
(e)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State.
2. For the purposes of this Regulation, the following zone definitions shall apply:
(a)
ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council (5);
(b)
CECAF (Committee for Eastern Central Atlantic Fisheries) zones are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (6).
Article 3
TACs and allocations
The TACs for deep-sea species caught by Union fishing vessels in Union waters or in certain non-Union waters, the allocation of such TACs among Member States and the conditions functionally linked thereto, where appropriate, are set out in the Annex to this Regulation.
Article 4
Special provisions on the allocation of fishing opportunities
1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b)
deductions and reallocations made pursuant to Article 37 of Council Regulation (EC) No 1224/2009 (7) or pursuant to Article 10(4) of Council Regulation (EC) No 1006/2008 (8);
(c)
additional landings allowed pursuant to Article 4 of Regulation (EC) No 847/96;
(d)
deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
2. Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC whereas Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC, except where otherwise specified in the Annex to this Regulation.
Article 5
Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if the catches have been taken by fishing vessels flying the flag of a Member State having a quota and that quota is not exhausted.
Article 6
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in the Annex to this Regulation.
Article 7
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 2014.
For the Council
The President
M. MARTINA
(1) Regulation (EU) No 1380/2013 of 11 December 2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(2) Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 16).
(3) Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).
(4) Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).
(5) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
(6) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
(7) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
(8) Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).
ANNEX
The references to fishing zones are references to ICES zones, unless otherwise specified.
PART 1
Definition of species and species groups
1.
In the list set out in Part 2 of this Annex, fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep-sea sharks are placed at the beginning of that list. For the purposes of this Regulation, the following comparative table of common names and Latin names is provided:
Common name
Alpha-3 code
Scientific name
Black scabbardfish
BSF
Aphanopus carbo
Alfonsinos
ALF
Beryx spp.
Roundnose grenadier
RNG
Coryphaenoides rupestris
Roughhead grenadier
RHG
Macrourus berglax
Orange roughy
ORY
Hoplostethus atlanticus
Red seabream
SBR
Pagellus bogaraveo
Greater Forkbeard
GFB
Phycis blennoides
2.
For the purposes of this Regulation, ‘deep-sea sharks’ means the following list of species:
Common name
Alpha-3 code
Scientific name
Deep-water catsharks
API
Apristurus spp.
Frilled shark
HXC
Chlamydoselachus anguineus
Gulper shark
CWO
Centrophorus spp.
Portuguese dogfish
CYO
Centroscymnus coelolepis
Longnose velvet dogfish
CYP
Centroscymnus crepidater
Black dogfish
CFB
Centroscyllium fabricii
Birdbeak dogfish
DCA
Deania calcea
Kitefin shark
SCK
Dalatias licha
Great lanternshark
ETR
Etmopterus princeps
Velvet belly
ETX
Etmopterus spinax
Mouse catshark
GAM
Galeus murinus
Bluntnose sixgill shark
SBL
Hexanchus griseus
Sailfin roughshark (Sharpback shark)
OXN
Oxynotus paradoxus
Knifetooth dogfish
SYR
Scymnodon ringens
Greenland shark
GSK
Somniosus microcephalus
PART 2
Annual fishing opportunities applicable for Union fishing vessels in areas where TACs exist by species and by area (in tonnes live weight)
Species:
Deep-sea sharks
Zone:
Union and international waters of V, VI, VII, VIII and IX; Union waters of CECAF 34.1.1, 34.1.2 and 34.2
(DWS/56789-)
Year
Germany
Estonia
Ireland
Spain
France
Lithuania
Poland
Portugal
United Kingdom
Union
TAC
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:
Deep-sea sharks
Zone:
Union and international waters of X
(DWS/10-)
Year
Portugal
Union
TAC
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:
Deep-sea sharks, Deania hystricosa and Deania profundorum
Zone:
International waters of XII
(DWS/12INT-)
Year
Ireland
Spain
France
United Kingdom
Union
TAC
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:
Black scabbardfish
Aphanopus carbo
Zone:
Union and international waters of I, II, III and IV
(BSF/1234-)
Year
Germany
France
United Kingdom
Union
TAC
Precautionary TAC
Species:
Black scabbardfish
Aphanopus carbo
Zone:
Union and international waters of V, VI, VII and XII
(BSF/56712-)
Year
Germany
Estonia
Ireland
Spain
France
2 918
2 684
Latvia
Lithuania
Poland
United Kingdom
Others (1)
Union
3 649
3 357
TAC
3 649
3 357
Analytical TAC
Species:
Black scabbardfish
Aphanopus carbo
Zone:
Union and international waters of VIII, IX and X
(BSF/8910-)
Year
Spain
France
Portugal
3 659
3 659
Union
3 700
3 700
TAC
3 700
3 700
Analytical TAC
Species:
Black scabbardfish
Aphanopus carbo
Zone:
Union and international waters of CECAF 34.1.2
(BSF/C3412-)
Year
Portugal
3 141
2 827
Union
3 141
2 827
TAC
3 141
2 827
Precautionary TAC
Species:
Alfonsinos
Beryx spp.
Zone:
Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV
(ALF/3X14-)
Year
Ireland
Spain
France
Portugal
United Kingdom
Union
TAC
Analytical TAC
Species:
Roundnose grenadier and roughhead grenadier
Coryphaenoides rupestris and Macrourus berglax
Zone:
Union and international waters of I, II and IV
(RNG/124-) for roundnose grenadier;
(RHG/124-) for roughhead grenadier
Year
Denmark
Germany
France
United Kingdom
Union
TAC
Precautionary TAC
Species:
Roundnose grenadier and roughhead grenadier
Coryphaenoides rupestris and Macrourus berglax
Zone:
Union and international waters of III
(RNG/03-) for roundnose grenadier; (2)
(RHG/03-) for roughhead grenadier
Year
Denmark
Germany
Sweden
Union
TAC
Precautionary TAC
Species:
Roundnose grenadier and roughhead grenadier
Coryphaenoides rupestris and Macrourus berglax
Zone:
Union and international waters of Vb, VI and VII
(RNG/5B67-) for roundnose grenadier; (5)
(RHG/5B67-) for roughhead grenadier
Year
2015 (3) (4)
2016 (3) (4)
Germany
Estonia
Ireland
Spain
France
3 302
3 358
Lithuania
Poland
United Kingdom
Others (4)
Union
4 010
4 078
TAC
4 010
4 078
Analytical TAC
Species:
Roundnose grenadier and roughhead grenadier
Coryphaenoides rupestris and Macrourus berglax
Zone:
Union and international waters of VIII, IX, X, XII and XIV
(RNG/8X14-) for roundnose (7) grenadier;
(RHG/8X14-) for roughhead grenadier
Year
2015 (6)
2016 (6)
Germany
Ireland
Spain
2 617
2 354
France
Latvia
Lithuania
Poland
United Kingdom
Union
3 644
3 279
TAC
3 644
3 279
Analytical TAC
Species:
Orange roughy
Hoplostethus atlanticus
Zone:
Union and international waters of VI
(ORY/06-)
Year
Ireland
Spain
France
United Kingdom
Union
TAC
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:
Orange roughy
Hoplostethus atlanticus
Zone:
Union and international waters of VII
(ORY/07-)
Year
Ireland
Spain
France
United Kingdom
Others
Union
TAC
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:
Orange roughy
Hoplostethus atlanticus
Zone:
Union and international waters of I, II, III, IV, V, VIII, IX, X, XII and XIV
(ORY/1CX14)
Year
Ireland
Spain
France
Portugal
United Kingdom
Others
Union
TAC
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:
Red seabream
Pagellus bogaraveo
Zone:
Union and international waters of VI, VII and VIII
(SBR/678-)
Year
Ireland
Spain
France
United Kingdom
Others (8)
Union
TAC
Analytical TAC
Species:
Red seabream
Pagellus bogaraveo
Zone:
Union and international waters of IX
(SBR/09-)
Year
2015 (9)
2016 (9)
Spain
Portugal
Union
TAC
Analytical TAC
Species:
Red seabream
Pagellus bogaraveo
Zone:
Union and international waters of X
(SBR/10-)
Year
Spain
Portugal
United Kingdom
Union
TAC
Analytical TAC
Species:
Greater forkbeard
Phycis blennoides
Zone:
Union and international waters of I, II, III and IV
(GFB/1234-)
Year
Germany
France
United Kingdom
Union
TAC
Analytical TAC
Species:
Greater forkbeard
Phycis blennoides
Zone:
Union and international waters of V, VI and VII
(GFB/567-)
Year
2015 (10)
2016 (10)
Germany
Ireland
Spain
France
United Kingdom
Union
2 434
2 434
TAC
2 434
2 434
Analytical TAC
Species:
Greater forkbeard
Phycis blennoides
Zone:
Union and international waters of VIII and IX
(GFB/89-)
Year
2015 (11)
2016 (11)
Spain
France
Portugal
Union
TAC
Analytical TAC
Species:
Greater forkbeard
Phycis blennoides
Zone:
Union and international waters of X and XII
(GFB/1012-)
Year
France
Portugal
United Kingdom
Union
TAC
Analytical TAC
(1) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(2) No directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Union and Norway.
(3) A maximum of 10 % of each quota may be fished in Union and international waters of VIII, IX, X, XII and XIV (RNG/*8X14-).
(4) Exclusively for by-catches. No directed fisheries are permitted.
(5) Landings of roundnose grenadier shall not exceed 95 % of each Member State quota.
(6) A maximum of 10 % of each quota may be fished in Union and international waters of Vb, VI, VII (RNG/*5B67-).
(7) Landings of roundnose grenadier shall not exceed 80 % of each Member State quota.
(8) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(9) A maximum of 8 % of each quota may be fished in Union and international waters of VI, VII and VIII (SBR/*678-).
(10) A maximum of 8 % of each quota may be fished in Union and international waters of VIII and IX (GFB/*89-).
(11) A maximum of 8 % of each quota may be fished in Union and international waters of V, VI, VII (GFB/*567-). |
30.4.2014
EN
Official Journal of the European Union
L 128/8
DIRECTIVE 2014/54/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers
(Text with EEA relevance)
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 46 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)
The free movement of workers is a fundamental freedom of Union citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU). Its implementation is further developed by Union law aiming to guarantee the full exercise of rights conferred on Union citizens and the members of their family. ‘Members of their family’ should be understood as having the same meaning as the term defined in point (2) of Article 2 of Directive 2004/38/EC of the European Parliament and of the Council (3), which applies also to family members of frontier workers.
(2)
The free movement of workers is also a key element in the development of a genuine Union labour market, allowing workers to move to areas where there are labour shortages or more employment opportunities, helping more people find posts which are better suited to their skills and overcoming bottlenecks in the labour market.
(3)
The free movement of workers gives every citizen of the Union, irrespective of his or her place of residence, the right to move freely to another Member State in order to work there and/or to reside there for work purposes. It protects them against discrimination on grounds of nationality as regards access to employment, conditions of employment and work, in particular with regard to remuneration, dismissal, and tax and social advantages, by ensuring their equal treatment, under national law, practice and collective agreements, in comparison to nationals of that Member State. Such rights should be enjoyed without discrimination by all Union citizens exercising their right to free movement, including permanent, seasonal and frontier workers. The free movement of workers needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may post their own workers to another Member State temporarily in order for them to carry out the work necessary to provide services in that Member State.
(4)
With respect to Union workers and members of their family exercising their right to free movement, Article 45 TFEU confers substantial rights for the exercise of this fundamental freedom, which are further specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council (4).
(5)
The effective exercise of the freedom of movement of workers is, however, still a major challenge and many Union workers are very often unaware of their rights to free movement. Because of, inter alia, their potentially more vulnerable position, Union workers may still suffer from unjustified restrictions or obstacles to the exercise of their right to free movement, such as non-recognition of qualifications, discrimination on grounds of nationality and exploitation when they move to another Member State. There is, therefore, a gap between the law and its application in practice that needs to be addressed.
(6)
In July 2010, in its Communication entitled ‘Reaffirming the free movement of workers: rights and major developments’ the Commission pointed out that it would explore ways of tackling the new needs and challenges, in particular in the light of new patterns of mobility, facing Union workers and members of their family. It also stated that, in the context of the new strategy for the internal market, it would consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for Union workers and members of their family exercising their right to free movement. The Commission also summarised developments in legislation and case-law, in particular with regard to the personal scope of the Union law on free movement of workers and the substance of the rights enjoyed by Union workers and members of their family.
(7)
In the 2010 EU Citizenship Report entitled ‘Dismantling the obstacles to EU citizens' rights’ of 27 October 2010, the Commission identified the divergent and incorrect application of Union law on the right to free movement as one of the main obstacles that Union citizens are confronted with in the effective exercise of their rights under Union law. Accordingly, the Commission announced its intention to take action to facilitate free movement of EU citizens and their third-country national family members by enforcing EU rules strictly, including on non-discrimination, by promoting good practices and increased knowledge or EU rules on the ground and by stepping up the dissemination of information to EU citizens about their free movement rights (action 15 of the 2010 EU Citizenship Report). In addition in the 2013 EU Citizenship Report entitled ‘EU citizens: your rights, your future’, the Commission addressed the need to remove administrative hurdles and to simplify procedures for Union citizens living, working and travelling in other Member States.
(8)
In the Commission Communication entitled ‘Towards a job-rich recovery’ of 18 April 2012 (the Employment Package), the Commission announced its intention to: present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the TFEU and Regulation (EU) No 492/2011, and urged Member States to: raise awareness of and access to rights conferred by Union law in relation to anti-discrimination, gender equality and free movement of workers and to open and facilitate access by Union citizens to public sector posts, in accordance with Union law, as interpreted by the Court of Justice of the European Union. In this context, the Court has consistently held that the restriction of access to certain posts in the public service to a Member State's own nationals is to be interpreted restrictively and that it covers only posts involving direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities.
(9)
Adequate and effective application and enforcement of Article 45 TFEU and Regulation (EU) No 492/2011, as well as awareness of rights, are key elements in protecting the rights and equal treatment of Union workers and members of their family, whereas poor enforcement undermines the effectiveness of Union rules applicable in this area and endangers the rights and protection of Union workers and members of their family.
(10)
A more effective and uniform application of rights conferred by Union rules on the free movement of workers is also necessary for the proper functioning of the internal market.
(11)
The application and monitoring of the Union rules on the free movement of workers should be improved to ensure that Union workers and members of their family as well as employers, public authorities, and other persons concerned are better informed about free movement rights and responsibilities, to assist and to protect Union workers and members of their family in the exercise of those rights, and to combat circumvention of those rules by public authorities and public or private employers. In that context Member States may also take into consideration the effects of increased mobility, such as ‘brain drain’ or ‘youth drain’.
(12)
In order to ensure the correct application of, and to monitor compliance with, the substantive Union rules on free movement of workers, Member States should take the appropriate measures to protect Union workers and members of their family exercising their right to free movement against both discrimination on grounds of nationality and any unjustified restriction or obstacle to the exercise of that right.
(13)
To that end, it is appropriate to provide specific rules for effective enforcement and to facilitate a better and more uniform application of the substantive rules governing the freedom of movement of workers under Article 45 TFEU and under Regulation (EU) No 492/2011. Enforcement of that fundamental freedom should take into consideration the principle of equality between women and men and the prohibition of discrimination of Union workers and members of their family on any ground set out in Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
(14)
In that context, Union workers and members of their family who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction or obstacles to exercising their right to free movement, should be guaranteed real and effective judicial protection. Where Member States provide for administrative procedures as a means of legal redress, they should ensure that any administrative decision may be challenged before a tribunal within the meaning of Article 47 of the Charter. Taking into account the right to effective legal protection, Union workers should be protected from any adverse treatment or consequence resulting from a complaint or proceedings which aim to enforce the rights safeguarded under this Directive.
(15)
In order to provide more effective levels of protection, associations and legal entities, including the social partners, should also be empowered to engage, as the Member States determine, either on behalf of or in support of any alleged victim, with his or her approval, in proceedings. This should be without prejudice to national rules of procedure concerning representation and defence before the courts and to other competences and collective rights of social partners, employees' and employers' representatives, such as those relating to the enforcement of collective agreements, where applicable, including actions on behalf of a collective interest, under national law or practice. With a view to ensuring effective legal protection, and without prejudice to the existing collective defence mechanisms available to the social partners and national law or practice, Member States are invited to examine the implementation of common principles for injunctive and compensatory collective redress mechanisms.
(16)
In accordance with the case-law of the Court of Justice, national rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights.
(17)
Protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of effective bodies with appropriate expertise in each Member State with competence to promote equal treatment, to analyse the problems faced by Union workers and members of their family, to study possible solutions and to provide specific assistance to them. The competence of those bodies should include, inter alia, the provision to Union workers and members of their family of independent legal and/or other assistance, such as the provision of legal advice on the application to them of the relevant Union and national rules on free movement of workers, of information about complaint procedures, and of help to protect the rights of workers and members of their family. It may also include assistance in legal proceedings.
(18)
It should be up to each Member State to decide whether to attribute the tasks to be carried out under this Directive to the bodies referred to above or whether to attribute those tasks to existing bodies with similar objectives at national level, for example, the promotion of free movement of persons, the implementation of the principle of equal treatment or the safeguarding of individual rights. Should a Member State decide to expand the mandate of an existing body, it should ensure allocation of sufficient resources to the existing body for the effective and adequate performance of its existing and additional tasks. Where the tasks are allocated to more than one body, Member States should ensure that they are adequately coordinated.
(19)
Member States should ensure that one or more of those bodies act as a contact point and that they cooperate and share information, such as the contact details of all the bodies, the means of redress and the contact details of the associations, organisations or other legal entities which provide information and services to Union workers and members of their family, with equivalent contact points in other Member States. The list of contact points should be made publicly available.
(20)
Member States should promote cooperation between the bodies designated by them under this Directive and existing information and assistance services provided by the social partners, associations, organisations or other relevant legal entities, such as organisations with responsibility for coordination arrangements under Regulation (EC) No 883/2004 of the European Parliament and of the Council (5) and, where relevant, labour inspectorates.
(21)
Member States should ensure the promotion of synergies with existing information and support tools at Union level and, to that end, should ensure that existing or newly created bodies work closely with the existing information and assistance services, such as Your Europe, SOLVIT, Enterprise Europe Network, the Points of Single Contact and EURES, including, where relevant, EURES cross-border partnerships.
(22)
Member States should promote dialogue with the social partners and with appropriate non-governmental organisations to address and combat unjustified restrictions and obstacles to the right to free movement or different forms of discrimination on the grounds of nationality.
(23)
Member States should establish how Union citizens, such as workers, students and recent graduates, as well as employers, the social partners and other interested parties can be provided with easily accessible, relevant information on the provisions of this Directive and of Regulation (EU) No 492/2011, including information about the bodies designated under this Directive and available means of redress and protection. Member States should take measures to make this information available in more than one official Union language taking into account demands in the labour market. This should not interfere with Member States' legislation on the use of languages. That information could be provided by individual counselling and should also be easily accessible through Your Europe and EURES.
(24)
In order to facilitate the enforcement of the rights granted under Union law, Council Directive 91/533/EEC (6) should be implemented and monitored consistently.
(25)
This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competences of the organisations entrusted with tasks related to the protection of Union workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens exercising their right to free movement and the members of their family, as enshrined in Article 21 TFEU and in Directive 2004/38/EC. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
(26)
The effective implementation of this Directive implies that Member States, when adopting the appropriate measures to comply with their obligations under this Directive, should provide a reference to this Directive or be accompanied by such a reference on the occasion of the official publication of implementing measures.
(27)
In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.
(28)
After sufficient time for the implementation of this Directive has elapsed, the Commission should prepare a report on its implementation, evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of Union law on free movement. In that report, the Commission should address the possible difficulties faced by young graduates looking for employment across the Union and by third-country spouses of Union workers.
(29)
This Directive respects the fundamental rights and observes the principles recognised in the Charter in particular the freedom to choose an occupation and the right to engage in work, the right to non-discrimination, in particular on grounds of nationality, the right to collective bargaining and action, fair and just working conditions, the right to freedom of movement and residence and the right to an effective remedy and a fair trial. It has to be implemented in accordance with those rights and principles.
(30)
This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.
(31)
Since the objective of this Directive, namely to establish a general common framework of appropriate provisions, measures and mechanisms necessary for the better and more uniform application and enforcement in practice of the rights relating to free movement of workers conferred by the TFEU and by Regulation (EU) No 492/2011, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effect of the action, 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 Directive does not go beyond what is necessary in order to achieve that objective,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter
This Directive lays down provisions which facilitate the uniform application and enforcement in practice of the rights conferred by Article 45 TFEU and by Articles 1 to 10 of Regulation (EU) No 492/2011. This Directive applies to Union citizens exercising those rights and to members of their family (‘Union workers and members of their family’).
Article 2
Scope
1. This Directive applies to the following matters, as referred to in Articles 1 to 10 of Regulation (EU) No 492/2011, in the area of freedom of movement for workers:
(a)
access to employment;
(b)
conditions of employment and work, in particular as regards remuneration, dismissal, health and safety at work, and, if Union workers become unemployed, reinstatement or re-employment;
(c)
access to social and tax advantages;
(d)
membership of trade unions and eligibility for workers' representative bodies;
(e)
access to training;
(f)
access to housing;
(g)
access to education, apprenticeship and vocational training for the children of Union workers;
(h)
assistance afforded by the employment offices.
2. The scope of this Directive is identical to that of Regulation (EU) No 492/2011.
Article 3
Defence of rights
1. Member States shall ensure that after possible recourse to other competent authorities including, where they deem it to be appropriate, conciliation procedures, judicial procedures, for the enforcement of obligations under Article 45 TFEU and under Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all Union workers and members of their family who consider that they have suffered or are suffering from unjustified restrictions and obstacles to their right to free movement or who consider themselves wronged by a failure to apply the principle of equal treatment to them, even after the relationship in which the restriction and obstacle or discrimination is alleged to have occurred has ended.
2. Member States shall ensure that associations, organisations, including the social partners, or other legal entities, which have, in accordance with the criteria laid down in their national law, practice or collective agreements, a legitimate interest in ensuring that this Directive is complied with, may engage, either on behalf of or in support of, Union workers and members of their family, with their approval, in any judicial and/or administrative procedure provided for the enforcement of the rights referred to in Article 1.
3. Paragraph 2 shall apply without prejudice to other competences and collective rights of the social partners, employees' and employers' representatives, where applicable, including the right to take action on behalf of a collective interest, under national law or practice.
4. Paragraph 2 shall apply without prejudice to national rules of procedure concerning representation and defence in court proceedings.
5. Paragraphs 1 and 2 of this Article shall apply without prejudice to national rules on time limits for enforcement of the rights referred to in Article 1. However, those national time-limits shall not render virtually impossible or excessively difficult the exercise of those rights.
6. Member States shall introduce in their national legal systems such measures as are necessary to protect Union workers from any adverse treatment or adverse consequence as a reaction to a complaint or proceedings aimed at enforcing compliance with the rights referred to in Article 1.
Article 4
Bodies to promote equal treatment and to support Union workers and members of their family
1. Each Member State shall designate one or more structures or bodies (‘bodies’) for the promotion, analysis, monitoring and support of equal treatment of Union workers and members of their family without discrimination on grounds of nationality, unjustified restrictions or obstacles to their right to free movement and shall make the necessary arrangements for the proper functioning of such bodies. Those bodies may form part of existing bodies at national level which have similar objectives.
2. Member States shall ensure that the competences of those bodies include:
(a)
providing or ensuring the provision of independent legal and/or other assistance to Union workers and members of their family, without prejudice to their rights, and to the rights of associations, organisations and other legal entities referred to in Article 3;
(b)
acting as a contact point vis-à-vis equivalent contact points in other Member States in order to cooperate and share relevant information;
(c)
conducting or commissioning independent surveys and analyses concerning unjustified restrictions and obstacles to the right to free movement, or discrimination on grounds of nationality, of Union workers and members of their family;
(d)
ensuring the publication of independent reports and making recommendations on any issue relating to such restrictions and obstacles or discrimination;
(e)
publishing relevant information on the application at national level of Union rules on free movement of workers.
In relation to point (a) of the first subparagraph where bodies provide assistance in legal proceedings, such assistance shall be free of charge to persons who lack sufficient resources, in accordance with national law or practice.
3. Member States shall communicate to the Commission the names and contact details of the contact points and any updated information or changes thereto. The Commission shall keep a list of contact points and shall make it available to the Member States.
4. Member States shall ensure that existing or newly created bodies are aware of, and are able to make use of, and cooperate with, the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.
5. Where the tasks referred to in paragraph 2 are allocated to more than one body, Member States shall ensure that those tasks are adequately coordinated.
Article 5
Dialogue
Member States shall promote dialogue with the social partners and with relevant non-governmental organisations which have, in accordance with national law or practice, a legitimate interest in contributing to the fight against unjustified restrictions and obstacles to the right to free movement, and discrimination on grounds of nationality, of Union workers and members of their family with a view to promoting the principle of equal treatment.
Article 6
Access to and dissemination of information
1. Member States shall ensure that the provisions adopted pursuant to this Directive and to Articles 1 to 10 of Regulation (EU) No 492/2011, are brought to the attention of the persons concerned throughout their territory, in particular Union workers and employers, by all appropriate means.
2. Member States shall provide, in more than one official language of the institutions of the Union, information on the rights conferred by Union law concerning the free movement of workers that is clear, free of charge, easily accessible, comprehensive and up-to-date. This information should also be easily accessible through Your Europe and EURES.
Article 7
Minimum requirements
1. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment than those laid down in this Directive.
2. Member States may provide that the competences of the bodies referred to in Article 4 of this Directive for the promotion, analysis, monitoring and support of equal treatment of Union workers and members of their family without discrimination on grounds of nationality also cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens exercising their right to free movement and the members of their family, in accordance with Article 21 TFEU and Directive 2004/38/EC.
3. The implementation of this Directive shall under no circumstances be sufficient grounds for a reduction in the level of protection of Union workers and members of their family, in the areas to which it applies, without prejudice to the Member States' right to respond to changes in the situation by introducing laws, regulations and administrative provisions which differ from those in force on 20 May 2014, provided that this Directive is complied with.
Article 8
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 May 2016. They shall forthwith communicate to the Commission the text of those measures.
When Member States adopt those measures they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 9
Report
By 21 November 2018, the Commission shall submit a report to the European Parliament, to the Council and to the European Economic and Social Committee on the implementation of this Directive, with a view to proposing, where appropriate, the necessary amendments.
Article 10
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 11
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 16 April 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 341, 21.11.2013, p. 54.
(2) Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and decision of the Council of 14 April 2014.
(3) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
(4) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1).
(5) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
(6) Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32). |
19.6.2014
EN
Official Journal of the European Union
L 179/68
COMMISSION IMPLEMENTING REGULATION (EU) No 671/2014
of 18 June 2014
on the issue of import licences for applications lodged during the first seven days of June 2014 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1) and in particular Article 188 thereof,
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,
Whereas:
(1)
Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.
(2)
The applications for import licences lodged during the first seven days of June 2014 for the subperiod from 1 July to 30 September 2014 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 July to 30 September 2014 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 19 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2014.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 125, 15.5.2007, p. 9.
ANNEX
Group No
Order No
Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2014-30.9.2014
(%)
P1
09.4067
1,988088
P3
09.4069
0,296969 |
21.5.2014
EN
Official Journal of the European Union
L 151/24
COUNCIL DECISION 2014/294/CFSP
of 20 May 2014
amending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 22 May 2013, the Council adopted Decision 2013/233/CFSP (1) establishing the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya). Decision 2013/233/CFSP expires on 21 May 2015. The financial reference amount set therein covers the period from 22 May 2013 until 21 May 2014.
(2)
Decision 2013/233/CFSP should be amended to extend the period covered by the financial reference amount until 21 May 2015.
(3)
EUBAM Libya will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2013/233/CFSP is hereby amended as follows:
(1)
Article 11(5) is replaced by the following:
‘5. The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (2).
(2) OJ L 274, 15.10.2013, p. 1.’;"
(2)
Article 13(1) is replaced by the following:
‘1. The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 May 2013 to 21 May 2014 shall be EUR 30 300 000.
The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 May 2014 to 21 May 2015 shall be EUR 26 200 000.’;
(3)
In paragraphs 1 and 2 of Article 15, the references to ‘Decision 2011/292/EU’ are replaced by references to ‘Decision 2013/488/EU’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 May 2014.
For the Council,
The President
A. KYRIAZIS
(1) Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 138, 24.5.2013, p. 15). |
13.6.2014
EN
Official Journal of the European Union
L 174/7
COMMISSION DELEGATED REGULATION (EU) No 622/2014
of 14 February 2014
establishing a derogation from Regulation (EU) No 1290/2013 of the European Parliament and of the Council laying down the rules for participation and dissemination in ‘Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)’ with regard to the Innovative Medicines Initiative 2 Joint Undertaking
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in ‘Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)’ and repealing Regulation (EC) No 1906/2006 (1), and in particular Article 1(3)(b) and points (i) to (vii) of Article 1(3)(c) thereof,
Whereas:
(1)
Regulation (EU) No 1291/2013 of the European Parliament and of the Council (2) establishes the Framework Programme for Research and Innovation (2014-2020) (Horizon 2020) and provides for the involvement of the Union in public-private partnerships, including in joint undertakings, in key areas where research and innovation can contribute to the Union's wider competitiveness goals and help tackle societal challenges.
(2)
Participation in indirect actions under Horizon 2020 should comply with Regulation (EU) No 1290/2013. However, in order to take into account the specific operating needs of joint undertakings established pursuant to Article 187 of the Treaty in the area of innovative medicines, the power to adopt acts in accordance with Article 290 of the Treaty was delegated to the Commission for the duration of Horizon 2020 with a view to allowing funding bodies established under Article 187 of the Treaty to limit the eligibility for funding to specific types of participants and to adopt specific intellectual property rules.
(3)
The Innovative Medicines Initiative Joint Undertaking was set up by Council Regulation (EC) No 73/2008 (3) for a period up to 31 December 2017 in order to foster collaboration between all stakeholders such as industry, public authorities (including regulators), organisations of patients, universities and clinical centres and to improve the efficiency and effectiveness of the drug development process with the long term aim that the pharmaceutical sector produce more effective and safer innovative medicines.
(4)
Specific operating needs, substantiated by the aim of the Innovative Medicines Initiative (IMI) to bring together large industrial partners with non-profits, public entities or other entities and to maximize exploitation of project results which could bring medicines to patients faster, have been identified as referring to eligibility for funding and intellectual property rules. The Innovative Medicines Initiative 2 Joint Undertaking set up by Council Regulation (EU) No 557/2014 (4) should continue to provide funding to entities such as micro, small and medium-sized enterprises, secondary and higher education establishments, and non-profit organizations, therefore a derogation from Article 10(1) of Regulation (EU) No 1290/2013 is necessary.
(5)
Specific operating needs have been identified regarding intellectual property rules in the context of the Innovative Medicines Initiative 2 objectives, in order to achieve an open innovation model, a dynamic system of knowledge sharing providing wider possibilities to create and exploit the knowledge resulted from the IMI projects and wide access of participants, affiliates and third parties to this knowledge, with the ultimate goal of speeding up the development of diagnostics and medical intervention for patients' benefit, including by stimulating clinical, translational research and clinical trials, in particular in the areas of public health interest and high unmet medical need, as identified in the World Health Organisation priority medicines report issued on 9 July 2013 (5). Those conditions should apply to all participants in order to protect their background, results and sideground. It is appropriate to allow for the transfer and licensing of results and background and for access rights to the results and background of other participants in order to allow research to be carried out. It is appropriate in that context to differentiate, in the context of exploitation, between research use and direct exploitation. Those conditions should also take into account the participants' prior obligations, while providing for potential direct exploitation of results, including clinical trials on the results per se. In order to widely exploit results and facilitate the delivery of innovative medicines to patients and to improve drug research and development, it is necessary to establish derogations from Articles 41 and 44 to 48 of Regulation (EU) No 1290/2013,
HAS ADOPTED THIS REGULATION:
Article 1
By way of derogation from Article 10(1) of Regulation (EU) No 1290/2013, with regard to the Innovative Medicines Initiative 2 Joint Undertaking only the following participants shall be eligible for funding from the Innovative Medicines Initiative 2 Joint Undertaking:
(a)
legal entities established in a Member State or an associated country, or created under Union law; and
(b)
which fall within one of the following categories:
(i)
micro, small and medium-sized enterprises and other companies with an annual turnover of EUR 500 million or less, the latter not being affiliated entities of companies with an annual turnover of more than 500 million; the definition of ‘affiliated entities’ within the meaning of Article 2(1)(2) of Regulation (EU) No 1290/2013 shall apply mutatis mutandis;
(ii)
secondary and higher education establishments;
(iii)
non-profit organisations, including those carrying out research or technological development as one of their main objectives or those that are patient organisations.
(c)
the Joint Research Centre;
(d)
international European interest organisations.
Article 2
By way of derogation from Articles 41(2) and 45 to 48 of Regulation (EU) No 1290/2013, the following provisions shall apply to the ownership and access to sideground:
(a)
results shall not include any sideground, as tangible or intangible output generated by a participant under the action, such as data, knowledge and information whatever their form or nature, whether or not they can be protected, but which are outside of the action objectives as defined in the grant agreement and which therefore are not needed for implementing the action or for research use of results;
(b)
each participant shall remain the exclusive owner of its sideground but a different allocation of ownership may be agreed upon;
(c)
participants are not required to grant access rights to sideground.
Article 3
By way of derogation from the fourth subparagraph of Article 44(1) of Regulation (EU) No 1290/2013, the following rules shall apply to the transfer and licensing of results and background for affiliated entities, purchasers and any other successor entity:
(a)
a participant may, without the consent of the other participants but provided that the other participants are informed without undue delay and that the transferee agrees in writing to be bound by the grant agreement and the consortium agreement, transfer its results to any of the following:
(i)
its affiliated entity;
(ii)
any purchaser of all or a substantial amount of its relevant assets;
(iii)
any successor entity resulting from the merger with or consolidation of such a participant.
The delay referred to in the first subparagraph shall be agreed by the participants in the consortium agreement
(b)
each participant shall remain free to license, transfer or otherwise dispose of its ownership rights in background, subject to any rights and obligations of the grant agreement and the consortium agreement.
(c)
where a participant transfers ownership of background, it shall pass on its obligations specified under the grant agreement and the consortium agreement, regarding that background, to the transferee including the obligation to pass those obligations on to any subsequent transferee.
(d)
a participant may, without the consent of the other participants, but provided that the other participants are informed without undue delay and that the transferee agrees in writing to be bound by the grant agreement and the consortium agreement, transfer its background to any of the following:
(i)
its affiliated entity;
(ii)
any purchaser of all or a substantial amount of its relevant assets;
(iii)
any successor entity resulting from the merger with or consolidation of such a participant.
The delay referred to in the first subparagraph shall be agreed by the participants in the consortium agreement.
Article 4
By way of derogation from Article 44(2) of Regulation (EU) No 1290/2013, the following shall apply to the transfer and licensing of results:
Provided that any access rights to the results can be exercised and that any additional obligations under the grant agreement or consortium agreement are complied with by the participant who owns results, the latter may grant licences or otherwise give the right to exploit them to any legal entity.
Article 5
By way of derogation from Article 46(2) of Regulation (EU) No 1290/2013, the following shall apply to access rights principles:
Any legal entity that enjoys access rights in order to complete the action or for research use may authorize another legal entity to exercise those rights on its behalf provided that the following conditions are fulfilled:
(a)
the legal entity that enjoys access rights shall be liable for the acts of the other legal entity as if those acts have been performed by this former legal entity;
(b)
access rights granted to the other legal entity shall not include the right to sub-license.
Article 6
By way of derogation from Article 47 of Regulation (EU) No 1290/2013, the following shall apply to the access rights for implementation:
(a)
during the action, participants shall enjoy access rights to the results of the other participants solely for the purpose and to the extent necessary for undertaking and completing the action. Such access shall be granted on a royalty-free basis;
(b)
during the action, the participants shall, unless prevented or restricted from doing so by obligations to others which exist at the date of accession to the grant agreement, enjoy access rights to the background of the other participants solely for the purpose and to the extent necessary for undertaking and completing the action. Such access shall be granted on a royalty-free basis.
Article 7
By way of derogation from Article 48 of Regulation (EU) No 1290/2013, the following rules shall apply:
(a)
The following definitions as regards exploitation shall apply:
(i)
‘research use’ means the use of results or background needed to use results, for all purposes other than for completing the action or for direct exploitation and which includes but is not limited to the application of results as a tool for research, including clinical research and trials and which directly or indirectly contributes to the objectives set out in the Societal Challenge health, demographic change and well-being referred to in Regulation (EU) No 1291/2013.
(ii)
‘direct exploitation’ means developing results for commercialization, including through clinical trials, or commercializing results themselves.
(b)
During and after completion of the action, participants and their affiliated entities shall enjoy access rights to the results of the other participants for research use.
Access rights for research use shall be granted on a non-exclusive basis under fair and reasonable conditions, i.e. appropriate conditions, including financial terms or royalty-free, taking into account the actual or potential value of the results to which access is requested and other characteristics of the research use envisaged.
Where direct exploitation by a participant or third party requires results owned by another participant, the access rights may be negotiated between the parties involved.
(c)
During and after completion of the action, participants and their affiliated entities shall enjoy access rights to the background of the other participants, only to the extent reasonably required for the purpose of the research use of results.
Such access rights for research use shall be granted on a non-exclusive basis under fair and reasonable conditions, i.e. appropriate conditions, including financial terms or royalty-free, taking into account the actual or potential value of the background to which access is requested and other characteristics of the research use envisaged.
Participants are not required to grant access rights for direct exploitation to their own background and may use, exploit, sublicense or otherwise commercialize their background as they see fit, subject to access rights for research use.
Where direct exploitation by a participant or third party, requires background necessary to use results owned by another participant, the access rights may be negotiated between the parties involved.
(d)
After the completion of the action, third parties shall have the right to request and receive access rights to the results of the participants for research use.
Such access rights shall be granted on a non-exclusive basis under conditions considered appropriate by the owner of the results and the third party concerned. Those conditions shall not be more favorable than the conditions applied to participants and affiliates for research use.
(e)
After completion of the action, third parties shall have the right to request and receive access rights to the background of the participants, only to the extent reasonably required for the purpose of the research use of results.
Such access rights shall be granted on a non-exclusive basis under conditions considered appropriate by the owner of the background and the third party concerned.
(f)
Before the signature of the grant agreement, a participant may identify specific elements of the background and provide a reasoned request to the Innovative Medicines Initiative 2 Joint Undertaking Programme office that such elements shall be wholly or partially excluded from the obligations referred to in Article 7(e).
The Innovative Medicines Initiative 2 Joint Undertaking Programme office shall only grant such request in exceptional circumstances and in making its decision shall consider the objectives referred to in Article 2 of Regulation (EU) No 557/2014, the tasks of the Innovative Medicines Initiative 2 Joint Undertaking referred to in its statutes and the legitimate interests of the participant concerned. It may grant such request on conditions agreed with the participant. Any exceptions shall be included in the grant agreement and cannot be changed unless such change is permitted by the grant agreement.
(g)
Participants shall agree in the consortium agreement on a time-limit in respect of requests for access under points (b) to (e).
Article 8
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 81.
(2) OJ L 347, 20.12.2013, p. 104.
(3) Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines, (OJ L 30, 4.2.2008, p. 38).
(4) Council Regulation (EU) No 557/2014 of 6 May 2014 establishing the Innovative Medicines Initiative 2 Joint Undertaking (OJ L 169, 7.6.2014, p. 54).
(5) Priority Medicines for Europe and the World Update Report, 2013, WHO, ISBN 978 92 4 150575 8 — http://www.who.int/medicines/areas/priority_medicines/en/. |
22.2.2014
EN
Official Journal of the European Union
L 54/1
COUNCIL DECISION
of 28 January 2014
on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Union and the Republic of Côte d’Ivoire (2013-2018)
(2014/102/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1)
On 17 March 2008, the Council adopted Regulation (EC) No 242/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Côte d’Ivoire (1) (hereinafter the ‘Partnership Agreement’).
(2)
The Union has negotiated a new Protocol with the Republic of Côte d’Ivoire granting Union vessels fishing opportunities in waters in which the Republic of Côte d’Ivoire exercises its sovereignty or jurisdiction with respect to fishing (hereinafter the ‘new Protocol’).
(3)
The new Protocol was signed on the basis of Council Decision 2013/303/EU (2), and will be provisionally applied as from 1 July 2013.
(4)
The new Protocol should be concluded,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Union and the Republic of Côte d’Ivoire (2013-2018) (hereinafter the ‘new Protocol’) is hereby approved on behalf of the Union (3).
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 14 of the new Protocol (4).
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 28 January 2014.
For the Council
The President
G. STOURNARAS
(1) OJ L 75, 18.3.2008, p. 51.
(2) OJ L 170, 22.6.2013, p. 1.
(3) The new Protocol has been published in OJ L 170, 22.6.2013, p. 2, together with the decision on signature.
(4) The date of entry into force of the new Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council. |
6.2.2014
EN
Official Journal of the European Union
L 36/20
COMMISSION DECISION
of 5 February 2014
on the safety requirements to be met by European standards for consumer laser products pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety
(Text with EEA relevance)
(2014/59/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
Whereas:
(1)
Products covered by Directive 2001/95/EC which conform to national standards transposing European standards drawn up under that Directive benefit from a presumption of safety as far as the risks covered by the standards are concerned.
(2)
European standards are to be drawn up on the basis of safety requirements intended to ensure that products which conform to the standards satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.
(3)
Laser products, in particular hand-held, battery-powered laser pointers, that pose a risk of damage to sight and to the skin have become widely available to consumers.
(4)
The current European standard for laser products (EN 60825-1:2007 ‘Safety of laser products – Part 1: Equipment classification and requirements’) provides that the hazard of laser products has to be assessed and that laser products have to carry appropriate warning labels and be supplied with user instructions that contain all relevant safety information. However, compliance with that standard does not ensure that a laser product is safe to be used by consumers.
(5)
Currently there is a widespread consensus that laser products corresponding to classes 1, 1M, 2 and 2M of the classification put in place by the standard referred to in recital 4 can be considered safe when used by consumers (provided that exposure to laser radiation does not take place with optical viewing instruments in case of products corresponding to classes 1M and 2M). This is not the case however for laser products of other laser classes.
(6)
European standards should be drawn up in such a way as not to hamper technical innovation. For this reason, any standard for consumer laser products should not ban completely any products as far as the products can be used safely, bearing in mind that any damage to the eyes or unintended damage to the skin, whether reversible or irreversible, is incompatible with a high level of consumer health and safety protection.
(7)
It is therefore appropriate to determine the safety requirements for consumer laser products in order to be able to submit a request to the European standardisation bodies to develop a new European standard or amend the current European standard.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Committee on General Product Safety,
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purpose of this Decision:
(1)
‘consumer laser product’ means any product or assembly of components that:
(a)
is intended for consumers, or likely to be used by consumers under reasonably foreseeable conditions even if not intended for them; and
(b)
constitutes or incorporates a laser or laser system and during operation permits access to laser radiation;
(2)
‘child appealing consumer laser product’ means a consumer laser product that:
(a)
resembles, by virtue of its form or design, anything that is commonly recognized as being appealing to, or intended for use by, children; or
(b)
has any other feature or characteristic, not necessary for the function of the product, that is likely to be appealing to children;
(3)
‘damage to the eyes or the skin’ means any effect of laser radiation detrimental to the structure or function of the eyes or the skin, whether reversible or irreversible.
Article 2
Safety requirements
The safety requirements to be met by European standards for consumer laser products pursuant to Directive 2001/95/EC shall be the following:
(1)
child appealing consumer laser products shall not cause damage to the eyes or the skin in case of any exposure to laser radiation that could occur under any conditions of use, including deliberate long-term exposure with optical viewing instruments;
(2)
all other consumer laser products shall not cause damage to the eyes or unintended damage to the skin in case of any exposure to laser radiation that could occur under normal or reasonably foreseeable conditions of use, including momentary accidental or unintentional exposure; any intended damage to the skin caused by consumer laser products shall be compatible with a high level of consumer health and safety protection;
(3)
conformity with points 1 and 2 shall be achieved by technical means;
(4)
in the case of products that conform with point 2, if exposure to laser radiation that would cause damage to the eyes or the skin could occur under conditions of use other than those referred to in point 2, those products shall carry appropriate warning labels and shall be supplied with user instructions that contain all relevant safety information.
Article 3
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 5 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 11, 15.1.2002, p. 4. |
21.3.2014
EN
Official Journal of the European Union
L 85/13
COMMISSION IMPLEMENTING DECISION
of 19 March 2014
authorising the placing on the market of coriander seed oil as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
(notified under document C(2014) 1689)
(Only the English text is authentic)
(2014/155/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,
Whereas:
(1)
On 21 July 2011, the company Nestec Ltd made a request to the competent authorities of Ireland to place coriander seed oil on the market as a novel food ingredient.
(2)
On 19 October 2011, the competent food assessment body of Ireland issued its initial assessment report. In that report the Food Safety Authority of Ireland stated that it has not identified any safety concerns with the consumption of food supplements containing coriander seed oil at the proposed use levels of 600 mg/day and therefore considers that this novel ingredient meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97.
(3)
On 8 November 2011, the Commission forwarded the initial assessment report to the other Member States.
(4)
Reasoned objections were raised within the 60 day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97.
(5)
On 14 February 2013, the Commission consulted the European Food Safety Authority (EFSA) asking it to carry out an additional assessment for coriander seed oil as food ingredient in accordance with Regulation (EC) No 258/97.
(6)
On 10 October 2013, EFSA adopted a Scientific Opinion on the safety of coriander seed oil as a novel food ingredient (2), concluding that it is safe under the proposed uses and use levels.
(7)
The opinion gives sufficient grounds to establish that coriander seed oil in the proposed uses and use levels complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.
(8)
Directive 2002/46/EC of the European Parliament and of the Council (3) lays down requirements on food supplements. The use of coriander seed oil should be authorised without prejudice to the requirements of this legislation.
(9)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Coriander seed oil as specified in the Annex may be placed on the market in the Union as a novel food ingredient to be used in food supplements with a maximum dose of 600 mg per day without prejudice to the specific provisions of Directive 2002/46/EC.
Article 2
The designation of coriander seed oil authorised by this Decision on the labelling of the foodstuffs containing it shall be ‘coriander seed oil’.
Article 3
This Decision is addressed to Nestec Ltd, Avenue Nestlé 55, 1800 Vevey, Switzerland.
Done at Brussels, 19 March 2014.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 43, 14.2.1997, p. 1.
(2) EFSA Journal 2013; 11(10):3422.
(3) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
ANNEX
SPECIFICATION OF CORIANDER SEED OIL
Definition:
Coriander seed oil is an oil containing glycerides of fatty acids that is produced from the seeds of the coriander plant Coriandrum sativum L.
Composition of fatty acids:
Palmitic acid (C16:0)
2-5 %
Stearic acid (C18:0)
1,5 %
Petroselinic acid (cis-C18:1(n-12))
60-75 %
Oleic acid (cis-C18:1 (n-9))
8-15 %
Linoleic acid (C18:2)
12-19 %
α-Linolenic acid (C18:3)
1,0 %
Trans fatty acids
Not more than 1 %
Description: Slight yellow colour, bland taste.
Identification:
CAS No
8008-52-4
Purity:
Refractive index (20 °C)
1,466-1,474
Acid value
Not more than 0,6 mg KOH/g
Peroxide value
Not more than 5 meq/kg
Iodine value
88-102 units
Saponification value
186-198 mg KOH/g
Unsaponifiable matter
Not more than 15 g/kg |
14.11.2014
EN
Official Journal of the European Union
L 329/8
COMMISSION IMPLEMENTING REGULATION (EU) No 1214/2014
of 11 November 2014
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2)
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.
(3)
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.
(4)
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 2014.
For the Commission,
On behalf of the President,
Heinz ZOUREK
Director-General for Taxation and Customs Union
(1) OJ L 256, 7.9.1987, p. 1.
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
ANNEX
Description of the goods
Classification
(CN-code)
Reasons
(1)
(2)
(3)
A solid, cylindrical, threaded product (so-called ‘pangea dual core screw’) made of extra hard titanium alloy, of a length of between 20 and 45 mm.
The shank is wholly threaded with a dual core thread containing a transition zone for the core diameter change. It is of a constant outer diameter of 4,0 mm, with a self-tapping profile and a blunt, threaded tip.
The product has a polyaxial (movable) U-shaped, internally threaded head that offers 25° of angulation around its axis allowing its adjustment.
The product has a specialised saddle in locking cap for fixing a rod (presented separately) in its head.
The product corresponds to the ISO/TC 150 standards for implant screws and is presented for use in trauma surgery as a part of a system for posterior stabilisation of the spine. It is installed using specific tools.
At importation, it is not presented in a sterilised packing. The product is marked with a number and therefore traceable throughout production and distribution.
(1) See image
9021 10 90
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(b) to Chapter 90 and by the wording of CN codes 9021, 9021 10 and 9021 10 90.
Due to its objective characteristics, namely the presence of the polyaxial U-shaped head with the locking cap, the product does not entirely correspond to a screw of base metal. Consequently, it cannot be considered a part of general use (screw) as referred to in note 2 to Section XV. Therefore, classification under heading 8108 is excluded.
The product is therefore to be classified under CN code 9021 10 90 as splints and other fracture appliances.
(1) The image is purely for information. |
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