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29.10.2014
EN
Official Journal of the European Union
L 308/1
COUNCIL REGULATION (EU) No 1145/2014
of 28 October 2014
repealing Regulation (EC) No 2488/2000 maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him
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 2014/742/CFSP of 28 October 2014 repealing Common Position 2000/696/CFSP on the maintenance of specific restrictive measures directed against Mr Milosevic and persons associated with him (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)
In accordance with Council Regulation (EC) No 2488/2000 (2), all funds and other financial resources held outside the Federal Republic of Yugoslavia belonging to Mr Milosevic and to natural persons associated with him, are to be frozen and such funds and financial resources are not to be made available to or for the benefit of those persons listed in Annex I to that Regulation.
(2)
By means of Decision 2014/742/CFSP, the Council repealed Common Position 2000/696/CFSP (3). The Council decided that there are no grounds to continue applying those restrictive measures as the persons listed in the Annex to that Common Position no longer represent a threat to the consolidation of democracy.
(3)
It is therefore appropriate to repeal Regulation (EC) No 2488/2000 with immediate effect,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2488/2000 is hereby repealed.
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 Luxembourg, 28 October 2014.
For the Council
The President
G. L. GALLETTI
(1) See page 99 of this Official Journal.
(2) Council Regulation (EC) No 2488/2000 of 10 November 2000 maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him and repealing Regulations (EC) Nos 1294/1999 and 607/2000 and Article 2 of Regulation (EC) No 926/98 (OJ L 287, 14.11.2000, p. 19).
(3) Common Position 2000/696/CFSP of 10 November 2000 on the maintenance of specific restrictive measures directed against Mr Milosevic and persons associated with him (OJ L 287, 14.11.2000, p. 1). |
21.10.2014
EN
Official Journal of the European Union
L 301/3
COUNCIL IMPLEMENTING REGULATION (EU) No 1103/2014
of 20 October 2014
implementing Article 16(1) of 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,
Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(1) thereof,
Whereas:
(1)
On 2 March 2011, the Council adopted Regulation (EU) No 204/2011.
(2)
On 27 June 2014, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1970 (2011) concerning Libya updated the list of individuals and entities subject to restrictive measures.
(3)
Annex II to Regulation (EU) No 204/2011 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 204/2011 shall be amended as 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 Luxembourg, 20 October 2014.
For the Council
The President
C. ASHTON
(1) OJ L 58, 3.3.2011, p. 1.
ANNEX
The entries set out in Annex II to Regulation (EU) No 204/2011 concerning the persons listed below are replaced by the following entries:
DORDA, Abu Zayd Umar
Director, External Security Organisation. Regime loyalist. Head of external intelligence agency.
Believed status/location: in custody in Libya.
Date of UN designation: 17.3.2011 (EU designation: 28.2.2011).
AL-SENUSSI, Colonel Abdullah
Title: Colonel
DOB: 1949
POB: Sudan
a.k.a.: Ould Ahmed, Abdoullah
Passport number: B0515260
DOB: 1948
POB: Anefif (Kidal), Mali
Date of issue: 10 Jan 2012
Place of issue: Bamako, Mali
Date of expiration: 10 Jan 2017
a.k.a.: Ould Ahmed, Abdoullah
Mali ID number: 073/SPICRE
POB: Anefif, Mali
Date of issue: 6 Dec 2011
Place of issue: Essouck, Mali
Director Military Intelligence. Military Intelligence involvement in suppression of demonstrations. Past history includes suspicion of involvement in Abu Selim prison massacre. Convicted in absentia for bombing of UTA flight. Brother-in-law of Muammar QADHAFI.
Believed status/location: in custody in Libya
Date of UN designation: 17.3.2011 (EU designation: 28.2.2011). |
3.12.2014
EN
Official Journal of the European Union
L 347/40
COMMISSION IMPLEMENTING REGULATION (EU) No 1285/2014
of 2 December 2014
fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009
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)
Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.
(2)
Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 1 to 10 November if, after the period of submission of licence applications as referred to in the first paragraph of that Article, any quantity under the quota remains available. Article 1 of Commission Implementing Regulation (EU) No 649/2014 (3) specifies that the total remaining quantity for the quota year 2014/15 is 12 358 tonnes.
(3)
The applications lodged between 1 and 10 November 2014 for the remaining period of the running quota year 2014/15 cover quantities less than those available. As a result, it is appropriate, pursuant to the fourth subparagraph of Article 31(3) of Regulation (EC) No 1187/2009, to provide for the allocation of the remaining quantity. The issue of export licences for that remaining quantity should be conditional upon the competent authority being notified of the supplementary quantity accepted by the operator concerned and upon the interested operators lodging a security,
HAS ADOPTED THIS REGULATION:
Article 1
The applications for export licences lodged from 1 to 10 November 2014 for the remaining period of the running quota year 2014/15 shall be accepted.
The quantities covered by export licence applications referred to in the first paragraph for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 shall be multiplied by an allocation coefficient of 3,071073.
Export licences for the quantities exceeding the quantities applied for and which are allocated in accordance with the coefficient set out in the second paragraph, shall be issued after acceptance by the operator within one week from the date of publication of this Regulation and subject to the lodging of the corresponding security.
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 Brussels, 2 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) Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).
(3) Commission Implementing Regulation (EU) No 649/2014 of 17 June 2014 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009 (OJ L 178, 18.6.2014, p. 9). |
29.10.2014
EN
Official Journal of the European Union
L 308/97
COUNCIL DECISION
of 21 October 2014
establishing the position to be adopted on behalf of the European Union within the Committee on Government Procurement on the withdrawal of the Union objection to the delisting of three entities from Japan's Annex 3 to Appendix I to the Agreement on Government Procurement
(2014/741/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
On 29 August 2001 the notification of Japan under paragraph 6(b) of Article XXIV of the WTO Agreement on Government Procurement (‘the 1994 GPA’) on the delisting of East Japan Railway Company, Central Japan Railway Company and West Japan Railway Company (‘the three railway companies’) from Japan's Annex 3 to Appendix I was circulated to the Parties to the 1994 GPA.
(2)
On 1 October 2001 the Union objected, pursuant to paragraph 6(b) of Article XXIV of the 1994 GPA, to the proposed modifications as notified by Japan in order to examine thoroughly the reasons for the intended delisting of the three railway companies as some concerns were raised.
(3)
Despite the consultations which took place between the Union and Japan, and unlike all other Parties that objected, the Union did not withdraw its objection.
(4)
During the revision of the 1994 GPA, the Union's objection was taken into account. Japan did not list the three railway companies in Japan's Annex 3 to Appendix I, but included a note specifying that the three railway companies are deemed to be included in Japan's Annex 3 until such time as the Union withdraws its objection against the delisting of those companies.
(5)
In the framework of the scoping exercise for an EU-Japan free trade agreement and against the background of the negotiations on government procurement relating to that agreement, the Union expressed its readiness to withdraw its objection to the delisting of the three railway companies, in line with the approach adopted by the Council on the Roadmap on railways and urban transport and without prejudice to any assessment of the level of competition on the Japanese railway market.
(6)
In the light of the confirmation by Japan of its intention to significantly revise the terms of application of the operational safety clause in note 4 to Japan's Annex 2 and note 3(a) to Japan's Annex 3 to Appendix I and to promote transparent and non-discriminatory procurement practices by the three railway companies, the Union should withdraw its objection to the delisting of those companies.
(7)
The withdrawal of the objection should be without prejudice to the Union's position in the Committee on Government Procurement on the decision on indicative criteria that demonstrate the effective elimination of government control or influence over an entity's covered procurement, pursuant to paragraph 8 of Article XIX of the revised GPA, in particular whether government control or influence is effectively eliminated where the entities concerned are not operating in a competitive environment.
(8)
It is appropriate to establish the position to be adopted on the Union's behalf within the Committee on Government Procurement on the withdrawal of the objection,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted on behalf of the European Union within the Committee on Government Procurement is that the Union shall withdraw the objection to the delisting of the East Japan Railway Company, Central Japan Railway Company and West Japan Railway Company from Japan's Annex 3 to Appendix I to the Agreement on Government Procurement.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 21 October 2014.
For the Council
The President
S. GOZI |
10.7.2014
EN
Official Journal of the European Union
L 201/5
COMMISSION IMPLEMENTING REGULATION (EU) No 745/2014
of 9 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, 9 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
AL
53,5
MK
67,1
TR
88,1
XS
47,9
ZZ
64,2
0707 00 05
AL
74,4
MK
31,3
TR
76,3
ZZ
60,7
0709 93 10
TR
98,0
ZZ
98,0
0805 50 10
AR
119,5
TR
77,0
UY
116,7
ZA
125,3
ZZ
109,6
0808 10 80
AR
121,1
BR
94,8
CL
102,6
NZ
130,2
ZA
132,8
ZZ
116,3
0808 30 90
AR
70,8
CL
99,9
NZ
184,8
ZA
91,8
ZZ
111,8
0809 10 00
BA
112,1
MK
85,8
TR
241,7
XS
59,5
ZZ
124,8
0809 29 00
TR
239,9
ZZ
239,9
0809 30
MK
63,3
TR
141,7
ZA
249,3
ZZ
151,4
0809 40 05
BA
71,0
ZZ
71,0
(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’. |
28.2.2014
EN
Official Journal of the European Union
L 59/1
COUNCIL DECISION No 189/2014/EU
of 20 February 2014
authorising France to apply a reduced rate of certain indirect taxes on ‘traditional’ rum produced in Guadeloupe, French Guiana, Martinique and Réunion and repealing Decision 2007/659/EC
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 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 Parliament (1),
Acting in accordance with a special legislative procedure,
Whereas:
(1)
Council Decision 2007/659/EC (2) authorised France to apply to ‘traditional’ rum produced in Guadeloupe, French Guiana, Martinique and Réunion (‘the four outermost regions concerned’), and sold on the French mainland a reduced rate of excise duty which may be lower than the minimum rate of excise duty set by Council Directive 92/84/EEC (3) but not more than 50 % lower than the standard national excise duty on alcohol. As of 1 January 2011, the reduced rate of excise duty is limited to an annual quota of 120 000 hectolitres of pure alcohol (hlpa). That derogation expired on 31 December 2013.
(2)
On 12 March 2013, the French authorities asked the Commission to submit a proposal for a Council decision extending the derogation set out in Decision 2007/659/EC, under the same conditions, for seven years, until 31 December 2020. That request was supplemented by the submission of additional information and amended concerning the different French taxes to be covered by the proposed decision, on 3 July and 2 August 2013 respectively.
(3)
The French authorities also informed the Commission that France amended as of 1 January 2012 the national legislation on the ‘cotisation sur les boissons alcooliques’, also known as ‘vignette sécurité sociale’ (VSS), which is a contribution levied for the National Sickness Insurance Fund on alcoholic beverages sold in France to counter the health risks involved in immoderate use of this product and that is levied in addition to the national excise duty. In particular, the tax base was changed from EUR 160 per hectolitre to EUR 533 per hlpa, and a limitation of the amount of the VSS was introduced which was linked to the applicable excise duty.
(4)
In the context of the request by the French authorities for an extension of the derogation set out in Decision 2007/659/EC until 31 December 2020, the French authorities asked the Commission to include as of 1 January 2012 the VSS in the list of taxes for which a lower rate can be applied for ‘traditional’ rum produced in the four outermost regions concerned.
(5)
It is more appropriate to adopt a new Decision on a derogation covering both taxes: the differentiation of the excise duty as set out in Directive 92/84/EEC and the VSS, instead of extending the derogation set out in Decision 2007/659/EC.
(6)
Given the small scale of the local market, the distilleries in the four outermost regions concerned can develop their activities only if they have sufficient access to the market in the French mainland, which is the main outlet for their rum (71 %). The difficulty for ‘traditional’ rum to compete on the Union market, in addition to the specific structural social and economic situation of these outermost regions, which is compounded by the special constraints referred to in Article 349 of the Treaty on the Functioning of the European Union (TFEU), is attributable to two parameters: higher production costs and higher taxes per bottle as the ‘traditional’ rum is typically marketed at higher levels of alcohol strength and in bigger bottles.
(7)
Production costs of the cane-sugar-rum value chain in the four outermost regions concerned are higher than in other regions of the world. Wage costs in particular are higher, as the French social legislation is applicable in the four outermost regions concerned. Those outermost regions are also subject to Union environment and safety standards, which entail considerable investments and costs which are not directly related to productivity, even if part of those investments is covered by the Union structural funds. Furthermore, distilleries in the four outermost regions concerned are smaller than distilleries of international groups. This generates higher production costs per unit of output. According to the French authorities, all of those direct additional production costs, including freight and insurance, globally correspond to about 12 % of the French excise duty applicable normally to strong alcohols in 2012.
(8)
‘Traditional’ rum sold in French mainland is typically marketed in bigger bottles (60 % of rum is sold in bottles containing 1 litre) and at higher levels of alcohol (ranging from 40° to 59°) than competing rums, which are typically marketed in bottles of 0,7 litres at 37,5°. The higher levels of alcohol content trigger in turn higher excise duties, a higher VSS and, in addition, a higher value added tax (VAT) per litre of rum sold. Thus, the cumulative additional costs, namely higher production costs, higher freight cost and higher taxes (excise duty and VAT), correspond to between 40 % and 50 % of the French excise duty applicable normally on strong alcohols in 2012. Moreover, the change in the basis for calculating the VSS from EUR 160 per hectolitre to EUR 533 per hlpa as of 1 January 2012 would have had, including VAT, an additional adverse impact on the price of ‘traditional’ rum, which is marketed at higher levels of alcohol corresponding to about 10 % of the standard excise rate. In order to offset this additional adverse effect, closely linked to the specific structural social and economic situation of the four outermost regions concerned, which is compounded by the special constraints referred to in Article 349 TFEU, a reduction of the VSS rate should be also introduced so that it benefits the ‘traditional’ rum of the four outermost regions concerned.
(9)
The fiscal advantage covering both the harmonised excise duties and the VSS to be authorised needs to remain proportionate so as not to undermine the integrity and the coherence of the Union legal order, including safeguarding undistorted competition in the internal market and state aid policies.
(10)
The extra costs stemming from the decade-long marketing practice of selling ‘traditional’ rum at higher levels of alcohol and, thus, triggering higher taxes should therefore also be taken into account.
(11)
In 2012, France applied an excise duty of EUR 903 per hlpa to ‘traditional’ rum, which corresponds to 54,4 % of the standard excise rate. It also applied a VSS of EUR 361,20 per hlpa, which corresponds to 67,8 % of the standard rate of VSS. Both reductions taken together correspond to a tax advantage of EUR 928,80 per hlpa, or a tax advantage compared to the aggregated standard rates (excise duty and VSS) of 42,8 %.
(12)
Decision 2007/659/EC authorised France to reduce the national excise duty applicable on ‘traditional’ rum by up to 50 % of the standard national excise duty on alcohol. That Decision did not include the reduced rate of the VSS for ‘traditional’ rum which was only introduced as a compensatory measure for the additional burden created for that rum by the reform of the VSS system as of 1 January 2012.
(13)
It is necessary to remedy that situation by applying the same principles that had been applied to a derogation from Article 110 TFEU for harmonised excise duties also to the VSS. At the same time, the tax advantage that can be granted should be capped from 1 January 2014 at a maximum percentage of the standard rates per hlpa of the harmonised excise duty on strong alcohol and of the VSS.
(14)
A new derogation should be granted for seven years, from 1 January 2014 to 31 December 2020.
(15)
France should submit a mid-term report to enable the Commission to assess whether the reasons justifying the derogation still exist, whether the fiscal advantage granted by France is still proportionate and whether alternative measures to a tax derogation system which are also sufficient to support a competitive cane-sugar-rum value chain can be envisaged, taking into account their international dimension.
(16)
Decision 2007/659/EC could not initially take into account the new circumstances after the reform of the VSS system. Exceptionally, and taking into account the mentioned specific structural social and economic situation of the four outermost regions concerned, it is, therefore, justified to apply the subject reduced VSS rate regime as of 1 January 2012.
(17)
This Decision is without prejudice to the possible application of Articles 107 and 108 TFEU.
(18)
Therefore, Decision 2007/659/EC should be repealed,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Article 110 TFEU, France is authorised to extend the application on the French mainland, to ‘traditional’ rum produced in Guadeloupe, French Guiana, Martinique and Réunion, of a rate of excise duty lower than the full rate for alcohol set by Article 3 of Directive 92/84/EEC and to apply a rate of the levy called ‘cotisation sur les boissons alcooliques’ (VSS) lower than the full rate applicable according to the French national legislation.
Article 2
The derogation set out in Article 1 shall be limited to rum as defined in point 1(f) of Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council (4) produced in Guadeloupe, French Guiana, Martinique and Réunion from sugar cane harvested at the place of manufacture, having a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol and an alcoholic strength by volume of 40° or more.
Article 3
1. The reduced rates of excise duty and of VSS referred to in Article 1 and applicable to the rum referred to in Article 2 shall be confined to an annual quota of 120 000 hectolitres of pure alcohol.
2. The reduced rates of excise duty and of VSS referred to in Article 1 of this Decision may each be lower than the minimum rate of excise duty on alcohol set by Directive 92/84/EEC, but shall not be more than 50 % lower than the full rate for alcohol set in accordance with Article 3 of Directive 92/84/EEC or the full rate for alcohol for the VSS.
3. The cumulative fiscal advantage authorised in accordance with paragraph 2 of this Article shall not be more than 50 % of the full rate for alcohol set in accordance with Article 3 of Directive 92/84/EEC.
Article 4
By 31 July 2017, France shall submit a report to the Commission to enable it to assess whether the reasons justifying the derogation still exist and whether the fiscal advantage granted by France has remained and is expected to remain proportionate and sufficient to support a competitive cane-sugar-rum value chain in Guadeloupe, French Guiana, Martinique and Réunion.
Article 5
This Decision shall apply from 1 January 2014 until 31 December 2020, except for Article 1 and Article 3(1) and (2) which shall apply from 1 January 2012.
Article 6
1. Decision 2007/659/EC is hereby repealed.
2. References to that repealed Decision shall be construed as references to this Decision.
Article 7
This Decision is addressed to the French Republic.
Done at Brussels, 20 February 2014.
For the Council
The President
K. HATZIDAKIS
(1) Opinion of 16 January 2014 (not yet published in the Official Journal).
(2) Council Decision 2007/659/EC of 9 October 2007 authorising France to apply a reduced rate of excise duty on ‘traditional’ rum produced in Guadeloupe, French Guiana, Martinique and Réunion (OJ L 270, 13.10.2007, p. 12).
(3) Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages (OJ L 316, 31.10.1992, p. 29).
(4) 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). |
5.4.2014
EN
Official Journal of the European Union
L 102/7
COMMISSION REGULATION (EU) No 346/2014
of 1 April 2014
establishing a temporary prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union
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 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 (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 European Union have exhausted the mid-term quota allocated for the period before 1 July 2014.
(3)
It is therefore necessary to prohibit directed fishing activities for that stock until 30 June 2014.
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member States referred to in the Annex to this Regulation for the stock referred to therein for the period from 1 January 2014 until 30 June 2014 included shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Directed fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member States referred to therein shall be prohibited from the date set out in that Annex until 30 June 2014 included.
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, 1 April 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) OJ L 24, 28.1.2014, p. 1.
ANNEX
No
03/TQ43
Member State
European Union (all Member States)
Stock
RED/N3M
Species
Redfish (Sebastes spp)
Zone
NAFO 3M
Closing date
17.3.2014 until 30.6.2014 |
20.12.2014
EN
Official Journal of the European Union
L 366/88
COMMISSION DECISION
of 9 July 2014
on the measure SA.35668 (13/C) (ex 13/NN) (ex 12/CP) implemented by Denmark and Sweden for Scandinavian Airlines
(notified under document C(2014) 4532)
(Only the English text is authentic)
(Text with EEA relevance)
(2014/938/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having regard to the decision by which the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union, in respect of the aid SA.35668 (13/C) (ex 13/NN) (ex 12/CP) (1),
Having called on interested parties to submit their comments pursuant to the provisions cited above and having regard to their comments,
Whereas:
1. PROCEDURE
(1)
In late October 2012, the Commission and the EFTA Surveillance Authority (‘ESA’) were informally contacted by Denmark, Sweden and Norway (jointly ‘the States’) in relation to their intention to participate to a new Revolving Credit Facility (‘the new RCF’) in favour of Scandinavian Airlines (‘SAS’, ‘the SAS Group’ or ‘the company’). On 12 November 2012, the States decided to participate to the new RCF without however formally notifying the measure to the Commission.
(2)
On 14 November 2012, the Commission opened an ex officio case on the new RCF. The Commission sent requests for information to Denmark and Sweden on 29 November 2012, 18 December 2012, 28 January 2013, and 18 February 2013, replied to on 6 December 2012, 8 January 2013, 5 and 13 February 2013, and 22 March 2013 respectively. Denmark and Sweden provided additional information by letter of 3 June 2013.
(3)
In addition, on 20 November 2012 the Commission received a complaint from Ryanair, followed by one from the European Low Fares Airline Association (‘ELFAA’) on 4 February 2013, on which Denmark and Sweden provided comments by letter dated 22 March 2013.
(4)
By letter dated 19 June 2013, the Commission informed Denmark and Sweden that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (‘TFEU’) in respect of the aid (hereinafter ‘the opening decision’). Denmark and Sweden submitted comments on the opening decision by letters dated 19 August 2013.
(5)
The Commission decision to initiate the procedure was published in the Official Journal of the European Union (2) on 28 September 2013. The Commission invited interested parties to submit their comments on the measures.
(6)
The Commission received observations from the SAS Group and from Foundation Asset Management Sweden AB (‘FAM’) (3) on 28 October 2013. On 5 November 2013, the Commission forwarded these observations to Denmark and Sweden, which were given the opportunity to react. By letters of 4 and 5 December 2013, the Danish and Swedish authorities noted that they had no comments on the observations of the SAS Group and FAM.
(7)
The Commission requested additional information from Denmark and Sweden by letter of 25 February 2014, replied to on 25 March 2014 by both Member States. In addition, by letters dated 5 and 7 March 2014, the Danish and Swedish authorities informed the Commission that SAS had decided to cancel the new RCF and investigate alternative possibilities to strengthen its capital base. The cancellation was effective from 4 March 2014.
(8)
By letters dated 4 and 7 July 2014, Sweden and Denmark respectively agreed to waive their rights deriving from Article 342 TFEU in conjunction with Article 3 of Regulation No 1/1958 and to have the present decision adopted and notified in English.
(9)
For this procedure, the Commission is solely competent to assess whether the provisions of the TFEU have been respected by Denmark and Sweden. On the other hand, the ESA, pursuant to Article 109(1) of the Agreement on the European Economic Area (‘EEA Agreement’) in conjunction with Article 24 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, is competent to assess whether the provisions of the EEA Agreement have been complied with by Norway. Also, on the basis of Article 109(2) and Protocol 27 to the EEA Agreement, in order to ensure a uniform application throughout the EEA, the ESA and the Commission shall cooperate, exchange information and consult each other on surveillance policy issues and individual cases.
(10)
In the light of the above and given the parallel competence of both institutions in the present case, the Commission has cooperated and consulted with the ESA before adopting the present decision.
2. THE SCANDINAVIAN AIR TRANSPORT MARKET
(11)
Between 2001 and 2011, the Scandinavian air transport market (encompassing Denmark, Sweden, Finland and Norway) reportedly grew by 126 % in ASK (4) terms. Almost all of the growth in the short-haul Scandinavian market came from low-cost carriers, in particular Norwegian Air Shuttle and Ryanair. Indeed, it is estimated that low-cost carriers generated 90 % of the growth in that period (5).
(12)
Despite the increase in the importance of low-cost carriers, the largest player in the Scandinavian market is still SAS, with an estimated market share in 2011 of 35,6 %, far from the highs above 50 % enjoyed a decade ago. The market shares of Norwegian Air Shuttle and Ryanair reached 18,7 % and 6,8 % respectively in that year.
3. THE BENEFICIARY
(13)
SAS is the flag carrier of the States, the largest airline in Scandinavia and the eighth-largest airline in Europe. It is also a founding member of the Star Alliance. The airline group, which includes Scandinavian Airlines, Widerøe (6) and Blue1, is headquartered in Stockholm with its main European and intercontinental hub at Copenhagen Airport. In 2013, SAS carried around 28 million passengers, achieving revenues of around SEK 42 billion.
(14)
SAS is currently 50 % owned by the States: 21,4 % by Sweden, 14,3 % by Denmark, and 14,3 % by Norway. The main private shareholder is the Knut and Alice Wallenberg's foundation (‘KAW’) (7,6 %), while the remaining shareholders own stakes of 1,5 % or less.
Table 1
Principal shareholders in SAS AB on 31 March 2012 (7)
Shareholder
Total (%)
The Swedish Government
21,4
The Danish Government
14,3
The Norwegian Government
14,3
Knut and Alice Wallenberg's foundation
7,6
Försäkringsaktiebolaget, Avanza Pension
1,5
A.H Värdepapper AB
1,4
Unionen
1,4
Denmark's National Bank
1,4
Robur Försäkring
0,9
Ponderus Försäkring
0,8
Andra AP-fonden
0,5
Tredje AP-fonden
0,5
SSB+TC Ledning Omnibus FD No OM79
0,5
Nordnet Pensionsförsäkring AB
0,4
Swedbank Robur Sverigefond
0,4
Swedbank Robur Sverigefond Mega
0,3
JPM Chase NA
0,3
AMF Aktiefond Småbolag
0,3
JP Morgan Bank
0,3
KPA Pensionsförsäkring AB
0,2
Nomura International
0,2
(15)
The financial position of SAS has been weak for several years, with recurring losses between 2008 and 2013. In November 2012, Standard and Poor's (‘S&P’) downgraded its credit rating for the company from B– to CCC+ (8). These difficulties were heightened by the market environment of high fuel costs and uncertain demand.
(16)
In particular, it results from the annual reports of the company that, between 2008 and 2012, SAS has incurred substantial losses every year and has registered significant amounts of financial net debt.
Table 2
SAS' key financial data 2007-12 (SEK million) (9)
(Jan-Oct)
Revenue
50 958
52 870
44 918
41 070
41 412
35 986
Financial net debt
1 231
8 912
6 504
2 862
7 017
6 549
EBT
1 044
– 969
– 3 423
– 3 069
– 1 629
– 1 245
Net income
– 6 360
– 2 947
– 2 218
– 1 687
– 985
Cash flow for the year
– 1 839
– 3 084
– 1 741
– 1 243
– 1 018
Return on capital employed (ROCE) — %
6,7
– 19,6
– 11,7
– 7,6
– 2,2
– 8,1
Return on book equity after tax — %
3,8
– 47,6
– 26,8
– 17,0
– 12,0
– 24,8
Interest coverage ratio — %
1,8
– 5,3
– 4,4
– 1,9
– 0,6
– 1,6
(17)
As a result of its deteriorating financial position, SAS followed a substantial cost reduction program (‘Core SAS’) in 2009/10. In implementing that program, SAS had to raise equity from its shareholders by way of two rights issues: (i) SEK 6 billion in April 2009; and (ii) SEK 5 billion in May 2010 (10).
(18)
The financial difficulties of SAS reached a peak in 2012, when the company presented the 4 Excellence Next Generation business plan (‘4XNG plan’), perceived by the management of the airline as the ‘final call’ for SAS (11). In addition, in November 2012 the press reported the possibility of SAS going into bankruptcy (12).
4. DESCRIPTION OF THE MEASURE: THE NEW RCF IN 2012
(19)
As for other airlines globally, SAS has relied on external credit facilities to maintain a minimum level of liquidity. From 20 December 2006, SAS relied on a RCF that was due to expire in June 2013 (‘the old RCF’). The old RCF amounted to EUR 366 million and was exclusively provided by a number of banks ([…] (13)). It also included a number of financial covenants or conditions, such as […].
(20)
In December 2011, as a result of the deterioration in the company's business performance, SAS management decided to draw the old RCF in full. Following an application for bankruptcy by a subsidiary of SAS (namely Spanair) in January 2012, SAS entered into negotiations with the banks and reached an agreement for a covenant reset on 15 March 2012. This covenant reset increased the cost of drawing the old RCF, tightened the drawdown conditions and required SAS to provide full and immediate repayment of the drawn amount. In addition, SAS had to provide the lenders with a Recapitalisation Plan that had to be endorsed by the Board and the main shareholders, i.e. the States and KAW.
(21)
The Recapitalisation Plan was underpinned by the so-called 4XNG plan that was already under development in early 2012. The 4XNG plan also addressed concerns expressed by […] about the existing business plan of SAS called 4 Excellence (‘4X plan’), in May 2012. According to SAS, the 4XNG plan would enable it to position itself as a financially self-sufficient airline. It set out a number of financial targets that SAS had to meet in the financial year 2014/15. These included an EBIT margin of above 8 %, a financial preparedness ratio of above 20 % and an equity ratio (equity/assets) in excess of 35 %. The 4XNG plan was supposed to allow SAS to improve its EBT by approximately SEK 3 billion on an annual basis, while its implementation would require restructuring costs and one-off costs of approximately SEK 1,5 billion.
(22)
A further objective of the 4XNG plan was to prepare the company for the introduction of new accounting rules for pensions from November 2013, which were anticipated to have a negative impact on the SAS Group's equity. In addition, the plan included a commitment to complete an asset disposal and financing plan, which totalled approximately SEK 3 billion in potential net cash proceeds. The asset disposal included (14): (i) the sale of Widerøe, a subsidiary regional airline in Norway (15), (ii) the sale of a minority interest investment in the […], (iii) the sale of airport-related real estate interests, (iv) the outsourcing of ground handling (16), (v) the sale of aircraft engines (17), (vi) the sale-and-lease-back or other financing transaction in respect of the […], (vii) the outsourcing of management systems and call centres (18), and (viii) the sale or secured financing of three Q400 aircraft.
(23)
The States insist that the 4XNG plan was self-financing, which means that SAS would generate enough cash from operations and non-core disposals to fund the upfront cost of implementing the 4XNG plan. However, SAS was concerned about investor perception of a weak liquidity position as a result of the significant upfront costs of implementing the 4XNG plan. SAS thus requested an extension of the old RCF together with the introduction of the new RCF supported by the States and KAW. However, SAS argued that neither the old RCF (as extended) nor the new RCF would be drawn.
(24)
Discussions on the new RCF commenced on 4 June 2012 (19). Initially, in line with the Recapitalisation Plan (see paragraph 20 above), the banks that were lenders of the old RCF required that the States provide another round of equity, e.g. a rights issue, since they were unwilling to support a new RCF on their own. However, the States rejected this idea.
(25)
After some negotiations, the banks accepted a new RCF that would be set up jointly with the States and KAW and would be structured strictly on equal terms without subordination or disproportionate rights to security. It must be noted that the new RCF was initially targeted to be SEK [3-6] billion in size, while only SEK [1-4] billion of available security existed. On 22 October 2012, the size of the new RCF was finally reduced to SEK 3,5 billion (approximately EUR 400 million).
(26)
The new RCF was provided by the same banks that provided the old RCF (except one (20)) together with the States and KAW. In this regard, 50 % of the new RCF was provided by the States in proportion to their shareholding in SAS, and the remaining 50 % was provided by the banks and KAW. The States and KAW participated in the new RCF on the same terms (fees, interest rates, covenants) as the banks.
(27)
The main characteristics of the new RCF were the following:
—
It was divided into two sub-facilities of SEK 2 billion (Facility A) and SEK 1,5 billion (Facility B), in respect of which the States contributed 50 % of the value. The pricing conditions for both facilities included an up-front fee, a commitment fee, an utilisation fee, a margin and an exit fee.
—
SAS needed to satisfy certain conditions to be able to draw on the RCF, and these conditions were tighter for Facility B than for Facility A (21).
—
The new RCF continued the security package of the old RCF and in addition the lenders were granted security over all shares in Widerøe and all other unencumbered fixed assets of the SAS Group as of December 2012. The new RCF thus had first-ranking security on a number of SAS assets, including 100 % of the shares of its subsidiaries Widerøe and SAS Spare Engine, 18 aircrafts and a number of properties. These securities were valued with a book value of approximately SEK 2,7 billion (i.e. approximately 75 % of the new RCF) and were shared pro rata between Facility A and Facility B.
—
Facility B could only be drawn once Facility A had been drawn in full. After 1 January 2014, SAS would only have been able to draw down from it if the sale of Widerøe assets or shares had been completed.
—
The maturity of the new RCF was 31 March 2015.
(28)
The terms of the new RCF were agreed upon on 25 October 2012. It was, however, subject, inter alia, to parliamentary approvals for each of the States and the signing of union agreements with flight deck and cabin crew.
(29)
The States submitted a report prepared by CITI dated 7 November 2012 (‘the CITI report’) which sought to assess whether a private investor in a situation as close as possible to that of the States may have entered into the new RCF on similar terms and conditions. Assuming a successful implementation of the 4XNG plan in its base case, the CITI report concluded that the States' participation in the new RCF would generate an internal rate of return (‘IRR’) of [90-140] %, a cash-on-cash multiple of circa [4-9]x, and an increase in equity value of close to [700-1 200] % (from November 2012 until March 2015). The CITI report concluded that the return required by the States would thus be at least equal to that required by private investors in a similar position. However, the CITI report did not assess the probability of SAS successfully executing the ‘base case’ of the 4XNG plan, nor did it assess the impact of deviations from the ‘base case’ such as, for example, a failure to monetise non-core assets.
(30)
SAS announced on 19 December 2012 that all the necessary conditions for the new RCF to enter into force (see paragraph 28 above) were in place, including parliamentary approval in the States. As of this date and until 3 March 2014, the new RCF was effective, replacing the old RCF (22).
(31)
By letter of 3 June 2013, Denmark and Sweden explained that, as a result of the sale of 80 % of Widerøe's shares (paragraph 22 above), the States and the lending banks had agreed with SAS to a modification of the terms and conditions of the new RCF, although the amendment agreement had not yet been formally signed. In its comments submitted during the formal investigation, the Danish and Swedish authorities informed the Commission that the modification of the new RCF was signed by all parties and would enter into force when the Widerøe transaction was closed, i.e. on 30 September 2013. These modifications included the following:
—
Facility A would be reduced from SEK 1,173 billion to SEK 0,8 billion and its maturity would be extended for five months until 1 June 2014.
—
SAS would pledge SEK [0,5-0,8] billion in cash as security for Facility A. The remaining SEK [0,1-0,4] billion would be secured by the securities already listed in the new RCF agreement.
—
SEK 0,2 billion of Facility A would be cancelled once the ground handling section was partly disposed of. By the time the new RCF was cancelled on 4 March 2014, SAS had entered into a letter of intent with a potential buyer (23).
—
Facility B would be reduced from SEK 1,5 billion to SEK 1,2 billion.
5. THE OPENING DECISION
(32)
In its opening decision, the Commission expressed doubts as regards the pari passu participation of the States, KAW and the banks in the new RCF mainly because of the following:
—
The banks' previous exposure to SAS through their participation in the old RCF. Indeed, the banks had roughly halved their contribution to the new RCF and therefore reduced their overall exposure to SAS by approximately 50 % in terms of RCF, while the States — which had received no return as regards the 2009 and 2010 rights issues in view of the persistently negative results of SAS — had increased their exposure to SAS.
—
The fact that SAS had drawn the old RCF completely in January 2012, which could have influenced the decision of the lending banks to participate in the new, so as to avoid any further drawdown and ensure that their RCF contributions were not completely lost in view of the difficulties of the company.
—
It was unclear to the Commission whether the banks' decision to participate in the new RCF was influenced by the States' continuous financial support to SAS in previous years. The Commission also noted that the involvement of the States was a strict requirement for the private operators to participate in the new RCF.
—
The Commission questioned whether KAW's participation in the new RCF could be compared to that of a private investor, given KAW's exposure to SAS not only through its shareholding but also via the bank SEB.
(33)
The Commission further questioned whether or not the participation of the States in the new RCF could be considered rational from a shareholder perspective and would fulfil the market economy investor (‘MEI’) test outside the pari passu line of reasoning. In this respect, the Commission assessed whether or not the 4XNG plan relied on sufficiently robust assumptions to induce a private investor to participate in the new RCF, and whether the sensitivity analyses carried out in the plan were overly optimistic.
(34)
For example, the Commission pointed, inter alia, towards the optimistic figures in the plan concerning market growth in ASK and GDP, as well as the 0 % inflation rate for the period 2015-17. Likewise, it doubted whether the successful implementation of all of the cost-savings and asset disposal initiatives could have been predicted at the time of signing the new RCF.
(35)
As regards the terms and conditions of the new RCF and CITI's assessment of the anticipated return from the States' participation in the new RCF, the Commission underlined the fact that the CITI report did not assess the 4XNG plan nor did it perform a sensitivity analysis of the financial model, but it merely relied on the information provided to it. The Commission also highlighted that the CITI report did not value the new RCF security from a private market investor perspective and that it did not consider the impact of possible alternative scenarios with less favourable assumptions (including default) on the return analysis. In this respect, the Commission noted that the CITI report assigned a zero probability to the likelihood that SAS would default in the next three years, which seemed an underestimation of the risk.
(36)
In view of the above, the Commission could not exclude that the States' participation in the new RCF could entail an advantage in favour of SAS within the meaning of Article 107(1) TFEU.
(37)
Finally, if the new RCF was to entail State aid within the meaning of Article 107(1) TFEU, the Commission doubted whether the new RCF could be regarded as compatible with the internal market. In this respect, the Commission assessed whether any of the possible compatibility grounds laid down in the TFEU would be applicable. In view of the nature of the measure and of the difficulties of SAS, the Commission noted that the only relevant criteria appeared to be those concerning aid for rescuing and restructuring firms in difficulty under Article 107(3)(c) TFEU on the basis of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (24) (‘the R&R Guidelines’). However, the Commission came to the preliminary conclusion that the conditions for rescue and restructuring aid laid down in the R&R Guidelines did not seem to be met.
6. COMMENTS ON THE OPENING DECISION
6.1. Comments from Denmark and Sweden
(38)
Denmark and Sweden maintain that their participation in the new RCF was on market terms since they participated in it pari passu with the banks and KAW, thereby excluding the presence of State aid.
(39)
Denmark and Sweden argue that SAS did not draw on the old RCF at any time during the period in which negotiations on the new RCF took place. They note the amendments to the old RCF in March 2012 introducing even more stringent drawdown conditions and argue that from the end of June 2012 the banks were thus in a position to reject any drawdown request from SAS. The amount drawn from the RCF was fully repaid by SAS in March 2012 and from that moment SAS did not draw on the old RCF. As a result, those banks could be reasonably considered as ‘outside’ investors participating in the new RCF on equal terms with the States (25), without having any material unsecured exposure to SAS (26).
(40)
Concerning KAW's participation in the new RCF together with the banks, the Danish and Swedish authorities are of the opinion that KAW had limited economic exposure to SEB and that this could not have affected its decision to participate in the new RCF.
(41)
Moreover, Denmark and Sweden hold that the 4XNG plan was realistic and that it could be successfully implemented. They maintain that all aspects and assumptions, including those concerning revenue projections (‘RASK’) (27), cost-saving measures and planned disposals, were carefully examined to satisfy the financial targets in the 4XNG plan for 2014-15. Further, the 4XNG plan — together with all of the assumptions it relied upon — was closely scrutinised by the external financial advisers of both the States (Goldman Sachs) and the banks ([…]) and was adapted in view of their comments and recommendations. They also stress that the expectation of a successful implementation of the plan when deciding to participate in the new RCF was supported by the fact that the conclusion of new union agreements was a condition precedent for the new RCF. Furthermore, according to Denmark and Sweden, the developments between December 2012 and the cancellation of the new RCF on 4 March 2014 showed that the plan was on track to deliver the expected results (28).
(42)
In relation to the terms and conditions of the new RCF, Denmark and Sweden argue that these were in conformity with normal market conditions, as they were similar to those of comparable deals and the new RCF also had higher upfront fees and more stringent conditions for drawdown than most deals analysed. As far as the security package was concerned, Denmark and Sweden state that the actual financial risks of the lending banks were negligible because the securities had an estimated value that clearly exceeded the size of Facility A. As a result, in a liquidation scenario, all of the lending banks' claims would be satisfied by the security package or by other SAS assets that could be sold, such as […], its shareholding in […], etc. The above is also supported by the actual cancellation of a significant part of the commitments under Facility A during the first half of 2013. According to Denmark and Sweden, this shows that the banks acted commercially and prudently when deciding to participate with the States and KAW in the new RCF.
(43)
Finally, Denmark and Sweden report that the participation in the new RCF has generated a significant return for the RCF lenders without SAS having to draw on the facility. This should support the view that the States' participation in the new RCF together with KAW and the banks was fully compliant with the MEI principle.
6.2. Comments from the SAS Group
(44)
The SAS Group argues that the States participated in the new RCF in their capacity as shareholders, not as public authorities. From that perspective, participating in such an instrument was preferable to an equity contribution, given the significant revenue generation for the shareholders/lenders in terms of fees, as well as the prospective increase in the share value.
(45)
As regards the pari passu test, the SAS Group states that this was fulfilled given that the banks had no exposure to SAS and, as a result, they should be treated as ‘outside’ investors. In addition, the States' participation in the new RCF did not influence the banks' behaviour, as it was SAS — and not the banks — who requested that the shareholders join the new RCF. Furthermore, the SAS Group maintains that the banks decided to participate in the new RCF on equal terms with the States and KAW based on the very positive results of the risk/revenue analysis.
(46)
The SAS Group further supports Denmark and Sweden's claim that the assumptions underlying the 4XNG plan were robust with very realistic forecasts as regards the three main drivers, namely market growth in ASK, GDP growth for 2015-17 and assumed inflation of 0 %. Also, the risks associated with the implementation of the plan were closely scrutinised by all lending banks with a particular focus on RASK as a key indicator of the company's profitability.
(47)
At the same time, the SAS Group argues that the security package was sufficiently assessed and that the risk of SAS defaulting on the implementation of the 4XNG plan was mitigated. This is supported by the fact that the delivery of cost savings was a condition precedent to the lenders entering into the new RCF and that the conclusion of new collective agreements in November 2012 was key to the successful implementation of the plan.
(48)
The SAS Group further criticises the Commission for having failed to take into consideration the bankruptcy alternative and the fact that the States would have lost the value of their combined shareholding had the new RCF not been made available. In this context, the SAS Group stresses that the States participated in the new RCF in their capacity as core shareholders in SAS aiming to obtain an appropriate return on their investment.
(49)
Finally, the SAS Group reports that the implementation of the 4XNG plan has achieved earnings before tax of SEK 3 billion, leading to a positive outcome for SAS for the period November 2012-July 2013.
6.3. Comments from FAM
(50)
According to FAM, the company responsible for the management of KAW's assets, the latter's decision to participate in the new RCF was taken irrespective of its interest in SEB and SEB's exposure to SAS. FAM argues that KAW neither had a majority shareholding in SEB, nor could it be said that it controls SEB.
(51)
FAM examined the 4XNG plan, the associated financial risks and the security package, and considered it to be in KAW's interest to participate in the new RCF. In this respect, it compared the prospect of protecting KAW's long-term investment in SAS and future possible returns on that investment, as well as the high fees which would be paid by SAS under the new RCF, against the winding up of SAS, which it did not consider to be an economically interesting option.
(52)
FAM also agrees with Denmark, Sweden and the SAS Group that all stakeholders participated in the new RCF on equal terms, without any form of subordination, disproportionate rights to securities, or otherwise asymmetrical terms. The decision to participate in the new RCF was based on a thorough analysis of the prospects of profitability resulting from a strong and competitive SAS in the future.
(53)
Finally, FAM shares Denmark and Sweden's view that the lending banks' decision to participate in the new RCF was based on commercial considerations, as their existing exposure under the old RCF was only theoretical. It argues that the banks had even less incentive to participate in the new RCF than the States and KAW, as the latter could count on a share price increase. It therefore maintains that the conditions of the pari passu test must be considered to be fulfilled.
7. ASSESSMENT OF THE MEASURE
7.1. Presence of State aid
(54)
By virtue of Article 107(1) TFEU ‘any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market’.
(55)
The concept of State aid thus applies to any advantage granted directly or indirectly, financed out of State resources, by the State itself or by any intermediary body acting by virtue of powers conferred on it.
(56)
To constitute State aid, a measure must stem from State resources and must be imputable to the State. In principle, State resources are the resources of a Member State and of its public authorities, as well as the resources of public undertakings on which the public authorities can exercise, directly or indirectly, a controlling influence.
(57)
It cannot be disputed that the measure in question entailed State resources, since it was financed by resources coming from the States' budgets, and that it was imputable to the State. In particular, it may be noted that the parliaments of Denmark and Sweden approved the participation of both Governments in the new RCF (paragraph 30 above).
(58)
The measure in question must distort or threaten to distort competition and be liable to affect trade between Member States.
(59)
According to established case-law, when the financial support granted by a Member State strengthens the position of an undertaking compared to other undertakings competing in intra-Union trade, then there is at least a potential effect on trade between Member States and on competition (29). In this regard, the Commission is of the view that any potential economic advantage granted to SAS through State resources would fulfil this condition. SAS is in competition with other airlines in the European Union and the EEA, in particular since the third stage of air transport liberalisation (‘the third package’) entered into force on 1 January 1993 (30). In addition, for journeys of relatively shorter distances within the EU, air travel is in competition with road and rail transport, and therefore road and rail carriers might also be affected.
(60)
The only criterion of the notion of State aid that is thus in question is whether the measure conferred a selective undue economic advantage on SAS.
(61)
In the light of the cancellation of the new RCF as from 4 March 2014, the Commission has assessed whether or not the new RCF conferred a selective undue economic advantage on SAS from the time of its establishment in 2012 until its cancellation in 2014.
7.2. Economic advantage in favour of SAS
(62)
In order to determine whether or not State aid was granted in favour of SAS within the meaning of Article 107(1) TFEU, the Commission will assess whether the airline received an economic advantage which it would not have obtained under normal market conditions. To examine this question the Commission applies the MEI test, according to which no State aid would be involved where, in similar circumstances, a private investor of a comparable size to the relevant bodies in the public sector, and operating in normal market conditions in a market economy, could have been prompted to provide the measure in question to the beneficiary.
(63)
According to the MEI test, the Commission therefore has to assess whether a private investor would have entered into the transaction under assessment on the same terms. The attitude of the hypothetical private investor is that of a prudent investor whose goal of profit maximisation is tempered with caution about the level of risk acceptable for a given rate of return (31).
(64)
In principle, a contribution from public funds does not involve State aid if it takes place at the same time as a significant capital contribution by a private investor made in comparable circumstances and on comparable terms (pari passu) (32).
7.2.1. Pari passu participation of the States, KAW and the banks in the new RCF
(65)
The Commission notes that the lending banks involved in the new RCF also participated in the old RCF. In the new RCF, however, the States increased their exposure to SAS, whereas the banks roughly halved their contribution (from EUR 366 million to approximately EUR 200 million) and therefore reduced their overall existing RCF exposure to SAS by approximately 50 %. In view of this, the Commission expressed doubts in the opening decision that the pari passu argument could be met as the States and the banks did not seem to be in comparable positions.
(66)
Denmark, Sweden and the SAS Group argue that the lending banks did not have any exposure under the old RCF, when negotiating their participation in the new RCF. The banks should therefore have been considered as ‘outside’ investors in a comparable position to the States and KAW.
(67)
The Commission notes that SAS had drawn completely on the old RCF in January 2012 (paragraph 20 above). Indeed, the amendments to the old RCF in March 2012 included, inter alia, a condition of full and immediate repayment of the amount drawn. The amounts were fully repaid in March 2012 and the amendments to the old RCF enacted on the same month made it extremely difficult for SAS to draw on the facility thereafter (33). Also, SAS was required to provide a Recapitalisation Plan by June 2012, which had to be endorsed by the Board, as well as by the States and KAW as the main shareholders. This plan was initially rejected by the banks. It was not until November 2012 that the States, having carefully examined the revised 4XNG plan, decided to participate in the new RCF, followed by the banks.
(68)
As a result, the Danish and Swedish authorities and the SAS Group claim that SAS was effectively prevented from requesting a drawdown of the old RCF. Cognisant of that situation, the banks had to decide whether to continue with the old RCF until its expiry in June 2013, or to participate in the new RCF on equal terms with the States and KAW, despite the fact that the States and KAW, as shareholders, had greater incentives to participate with a view to potentially achieving higher value on their shares following the implementation of the 4XNG plan.
(69)
Although the Commission considers it likely that the banks, at least those with no other unsecured bilateral exposures to SAS, were not materially exposed to the old RCF at the time of taking a decision to participate in the new RCF, it is also of the opinion that there was still a risk that SAS could have met the drawdown conditions before the new RCF was in place. The fact that this did not happen and that the old RCF was not used after it was fully repaid in March 2012 is irrelevant in that respect. On this basis, it appears that the banks had a certain degree of exposure to SAS under the old RCF which the States (and KAW) did not have. Therefore, the Commission cannot accept the argument of the Danish and Swedish authorities that the banks participated in the new RCF as ‘outside’ investors, notwithstanding their exposure under the old RCF.
(70)
Furthermore, the Commission cannot agree with Denmark and Sweden that the exposure of some of the banks in the form of bilateral facilities linked to the old RCF (34) did not comprise any financial risk for the banks during the period of negotiating the new RCF, on the basis that these facilities could not have been drawn unless the old RCF was drawn in full. As mentioned above, there was a risk, even if admittedly small, that the drawdown conditions could have been met despite the fact that, following the amendments in March 2012 and the stringent conditions introduced, the probability of SAS drawing on the old RCF was very low.
(71)
Moreover, it appears that some banks had other exposure to SAS. For example, in addition to participating in the old RCF, […] had — as of 30 September 2012 — an unsecured (and undrawn) bilateral exposure to SAS of EUR [200-600] million, as well as an unsecured credit card exposure of EUR [500-900] million. It could therefore have been responsible for covering any costs of reimbursing customers should SAS have cancelled the corresponding flights. While this unsecured credit card exposure represented [0-2] % of […]'s total credit portfolio of around SEK [1 000-3 000] million, it nonetheless constituted a financial risk and it therefore cannot be accepted that […] was in a comparable position vis-à-vis the States when deciding to participate in the new RCF.
(72)
In addition, three other banks had exposure in terms of outstanding aircraft financing facilities (e.g. […]). Although the States argue that the financings were secured by the aircraft and did not represent a financial risk for the banks because they could be easily sold on the market, this has not been factually proven. It remains unclear whether, in case of fire-sale of the aircraft, the total amount would indeed have been recovered.
(73)
Further, in the opening decision the Commission questioned whether the banks' behaviour could have been influenced by the States' conduct, given the States' continuous financial support to the airline in previous years (e.g. the 2009 and 2010 rights issues). In addition, the banks were willing to participate in the new RCF only on condition that the States participated in it, as explained in paragraphs 23 and 24 above.
(74)
In principle, the Commission considers that the pari passu condition cannot be applicable in cases where the States' involvement constitutes a strict requirement for the private operators to participate in the transaction.
(75)
In the course of the formal investigation, Denmark, Sweden and the SAS Group argued that at no stage during the negotiations for the new RCF did the banks feel ‘contaminated’ by the States' past conduct and their continued willingness to support SAS, despite the fact that the States' revenue forecasts on the rights issues of 2009 and 2010 fell short.
(76)
The Commission cannot exclude the possibility that private operators would not have been willing to invest in a business with such a track record and unpredictable projections, unless with the participation of the States. At the same time, it cannot exclude either that the States, which had refused to provide new equity and to enter into a subordinated RCF, were no longer willing to put additional funds into SAS. Notwithstanding these considerations, the Commission remains unconvinced that the participation of the States in the new RCF was made on pari passu terms with the lending banks, taking into account that the States' participation resulted in the banks reducing their overall RCF exposure to SAS by approximately 50 %, whereas at the same time the States increased their exposure to SAS.
(77)
In relation to whether or not KAW's behaviour could be considered a reference point to establish the conduct of a private investor, the formal investigation showed that KAW's exposure to SAS through its shareholding in SEB was smaller than that indicated in the opening decision. Taking into account that KAW is no more than a minority shareholder in SEB and that SEB's exposure to SAS was limited, it could be argued that KAW's participation in the new RCF was motivated by prospects of profitability of the investment.
(78)
Further to the above, the formal investigation has not enabled the Commission to conclude with certainty that the transaction at issue took place on pari passu terms.
(79)
Irrespective of the pari passu assessment, the Commission has also examined whether or not the States' participation in the new RCF could be considered rational from a shareholder perspective and would fulfil the MEI test outside of the pari passu line of reasoning.
7.2.2. Assessment of the States' participation in the new RCF under the MEI test
(80)
The question to be addressed is whether or not a private investor in the same position as the States, i.e. as existing shareholders in SAS and facing a similar set of circumstances as the States in 2012, would have entered into the new RCF on similar terms and conditions (35).
(81)
The independent analyses undertaken by external financial advisers (namely Goldman Sachs International and CITI as advisers to the States and […] as adviser to the lenders) prior to the conclusion of the new RCF are instructive in this regard. According to Denmark and Sweden, the States only decided to participate in the new RCF after close scrutiny of the 4XNG plan by its external advisors and following adjustment of the terms and conditions of the new RCF.
(82)
While the Commission expressed some reservations in its opening decision regarding the scope of the report prepared by CITI, Denmark and Sweden have clarified that their decision to participate in the new RCF drew on all of the analyses prepared by its financial advisers and that the CITI report should therefore not be assessed in isolation.
(83)
The financial advisers were tasked, inter alia, with providing a critical analysis of the 4XNG plan and the new RCF and of relevant sensitivities and vulnerabilities in that regard. This analysis was conducted over successive reports with reference to the historical performance of SAS and to other industry benchmarks. The advisers issued a range of recommendations regarding risk-mitigating strategies for both the 4XNG plan and the new RCF. In line with this advice, the States requested a number of adjustments to the 4XNG plan (to accelerate cost-saving measures and accommodate additional initiatives), as well as adjustments to the terms of the new RCF to reduce the likelihood of a drawdown.
(84)
In analysing the 4XNG plan, the external advisers identified and paid particular attention to key areas of possible risk, including cost savings targets, disposals and RASK pressure. This risk assessment resulted, inter alia, in the following considerations:
—
Cost-savings targets
Further to the external advice received, the 4XNG plan was modified and strengthened to include cost-saving initiatives of approximately SEK [1-4] billion p.a. (increased from the original target of SEK [1-4] billion p.a.). While non-delivery of cost-savings targets was identified as a concern, a key move to de-risk the 4XNG plan in advance of finalising the new RCF was the conclusion of new union agreements with employee compensation and benefit cuts, as well as pension plan changes in November 2012. This resulted in direct cost savings of just under SEK [0-3] billion p.a. […] which, at the request of the States, had to be successfully executed before the new RCF could enter into effect.
—
Disposals
Further to the initial assumptions on asset disposals being challenged by the external financial adviser, and also due to new information which materialised during the process, the final list of planned disposals in the 4XNG plan deviated from the list initially put forward by SAS (36). The States' financial adviser ultimately concluded that the disposals (with an estimated disposal value of approximately SEK 3,0 billion) included in the final 4XNG plan were feasible within the estimated timeframe. Furthermore, the new RCF contained provisions for the timing of the Widerøe sale, as well as for the strict application of disposal proceeds towards repayment of the new RCF.
—
RASK pressure
The underlying yield and RASK pressure assumptions were assessed and deemed reasonable taking into account relevant data on historical trends, third-party forecasts and known changes in the competitive environment at that time. These assumptions were therefore not considered to pose a significant downside risk to the execution of the 4XNG plan.
(85)
In relation to the Commission's doubts in the opening decision concerning the optimistic nature of specific drivers in the 4XNG plan (e.g. market growth in ASK, GDP forecasts and 0 % inflation for the period 2015-17), the information submitted by Denmark, Sweden and the SAS Group during the formal investigation indicates that these estimates took particular account of the main markets in which SAS is active. This included the company's more pronounced exposure to northern rather than to southern Europe, as well as its exposure to the US and Asian markets. The submissions further indicate that the estimated cost inflation of 0 % p.a. for the period 2015-17 is the net effect of an underlying rate of inflation of 2 % p.a. (in line with the estimated EU inflation level) and the assumption that it would be possible to neutralise this via new cost-savings measures.
(86)
As regards the lack of sensitivity testing on the IRR analysis presented in the CITI report (see paragraph 35 above), as well as the Commission's initial concerns regarding the potential impact of less optimistic scenarios, the Commission has received additional information from Denmark and Sweden in their submissions on the opening decision concerning the extent of sensitivity analysis undertaken. In this regard, Goldman Sachs presented a range of sensitivity tests during the development of the 4XNG plan over the period June to September 2012. A revised analysis in September 2012 indicated that SAS would not run out of cash even under the downside scenarios presented, i.e. in all cases analysed the SAS cash position would remain above the bottom end of the RCF corridor. However, to maintain market confidence, it was considered that a liquidity backstop was needed and that the RCF remained the most realistic option for such back-up liquidity.
(87)
The Commission thus notes the successive financial reviews conducted on the 4XNG plan (including extensive analysis and testing of various iterations of the plan). The Commission also notes the States' resulting demands to lower the implementation risks and achieve a consolidated restructuring plan in advance of entering into the new RCF. Such actions would appear to be in accordance with those of a prudent private market investor. Notwithstanding this, it still needs to be considered whether or not the terms and conditions of the new RCF were in line with what a private market investor, in the same position as the States, i.e. as existing shareholders in the company, would have accepted.
(88)
Denmark, Sweden and the SAS Group have explained that a specific characteristic of the airline sector is the need to maintain a high level of financial preparedness to preserve customer and stakeholder confidence in the ability of the business to continue operations. Given the financial difficulties facing SAS in 2012 and the prevailing liquidity situation at that time, a likely motivation for the States' participation in the new RCF, as shareholders in SAS, was the avoidance of higher losses or bankruptcy in the event of a liquidity run on the company.
(89)
In this respect, the States appear to have drawn notably on recommendations from the independent financial advisers when finalising the terms and conditions of the new RCF. Indeed, it appears that the terms and conditions of the new RCF were collectively aimed at mitigating the main commercial risks identified. For example, as noted in paragraph 84 above, a key condition precedent to the implementation of the new RCF was the successful execution of new collective agreements with flight crews. Furthermore, the drawdown conditions applicable to Facility B appeared to render it very unlikely that it could have been drawn before March 2015 (37). The financial covenants attached to the new RCF were also structured in such a way that, unless SAS was able to execute the key financial projections contained in the 4XNG plan, it would not have had access to the RCF or it would have had to repay any amount drawn on the RCF at the time (38).
(90)
In addition to the above observations, the Commission has received additional information concerning the adequacy of the underlying collateral for the new RCF. In a report dated May 2012, […] provided an independent valuation of Widerøe and certain tangible assets (including spare engines, relevant aircraft, a number of smaller properties and some equipment) which were subsequently used as security for the new RCF. While the focus was on Widerøe, as the most important asset in the security package, and the assessment of the other assets was based on more limited information, the overall valuation implied a total asset value of approximately SEK [1-4]-[3-6] billion. The total estimated value of the assets subject to security thus exceeded the size of Facility A. According to Denmark and Sweden, this was considered sufficient comfort for the new RCF lenders since, as noted above, the likelihood that SAS would ever draw on Facility B was considered negligible.
(91)
The actual financial risks associated with the new RCF were further mitigated by provisions on mandatory pre-payment and/or cancellation of the commitments under the new RCF, if SAS disposed of certain assets or engaged in other financing options. Such prepayment and cancellation provisions had the effect of reducing the potential loss over time. Indeed, as a result of the Widerøe sale, and pursuant to an agreement which entered into force upon that sale in September 2013 (see paragraph 31 above), the overall size of the new RCF was reduced from SEK 3,5 billion to SEK 2 billion.
(92)
It therefore appears that a comprehensive and coherent set of measures were taken, specifically aimed at ensuring the ongoing viability of SAS over the period 2012-15 and limiting the key financial risks associated with the new RCF.
(93)
Furthermore, the Commission recognises the need to consider whether a comparable private investor, facing similar market circumstances to the States (i.e. as existing shareholders in SAS), could have been prompted to provide the measure in question to the beneficiary. To this end, it is also useful to consider possible counterfactual situations arising in the absence of the measure being provided.
(94)
In this respect, Denmark, Sweden and the SAS Group claim in their submissions on the opening decision that bankruptcy would have been likely if the new RCF had not been made available in 2012. According to Denmark and Sweden, this would have corresponded to a combined loss of SEK 1 044 million for the States, i.e. the value of their aggregate shareholding. A further consideration also related to the prospect of forgoing future possible capital gains if the 4XNG plan was successfully implemented. By comparison, Denmark and Sweden estimate in their submissions that if SAS defaulted on the new RCF, the possible combined loss resulting from the States' collective shareholding and their RCF contributions would, in the most extreme scenario, have been in the region of SEK [1 000-3 000] million (39).
(95)
Consequently, in the event of bankruptcy of SAS, the possible additional loss associated with the States' participation in the new RCF (i.e. approximately SEK 447,5 million based on Denmark and Sweden's illustrative example) appears relatively contained compared to the loss which would have nonetheless accrued in respect of the States' shareholding. Comparing this relatively limited incremental change in the States' downside (bankruptcy) scenario to the potential upside for the States from a successful execution of the 4XNG plan, appears to provide further support for the States' decision to participate in the new RCF. In the most optimistic ‘base case’ scenario, the CITI report estimated potential capital gains for the States of SEK [7 000-12 000] million in total. However, while the Commission expressed some reservations in its opening decision regarding the optimistic nature of such growth projections, it recognises the possibility that, even under more conservative scenarios, the potential capital gains in the upside scenario may still have notably exceeded the potential losses in the downside scenario.
(96)
The Commission thus notes the above risk-reward assessment, as well as the extensive review and testing of the 4XNG plan, the additional verifications provided on the underlying collateral (40), the cancellation and prepayment provisions which reduced the potential loss over time (41) and the various other risk-mitigating measures incorporated within the terms of the new RCF (42). Taking the above into account, the States' decision to participate in the new RCF would appear consistent with the actions of a private operator acting with a view to obtaining a normal market return given the company's specific situation at that time.
(97)
Further to the above, the Commission concludes that the States, in their position as existing shareholders in SAS, were guided by reasonable and realistic prospects of profitability when they decided to participate in the new RCF together with KAW and the lending banks during the period December 2012 — March 2014. This participation thus did not entail any advantage to SAS within the meaning of Article 107(1) TFEU.
7.3. Conclusion on the presence of State aid
(98)
In view of the above, the Commission concludes that the participation of Denmark and Sweden in the new RCF does not constitute State aid within the meaning of Article 107(1) TFEU.
(99)
Finally, the Commission notes that Denmark and Sweden agreed to have the present decision adopted and notified in English,
HAS ADOPTED THIS DECISION:
Article 1
The financing of Scandinavian Airlines through the new Revolving Credit Facility which the Kingdom of Denmark and the Kingdom of Sweden implemented in December 2012 does not constitute aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.
Article 2
This Decision is addressed to the Kingdom of Denmark and to the Kingdom of Sweden.
Done at Brussels, 9 July 2014.
For the Commission
Joaquín ALMUNIA
Vice-President
(1) OJ C 283, 28.9.2013, p. 8.
(2) Cf. footnote 1.
(3) FAM is the company responsible for the management of the assets of the Knut and Alice Wallenberg's foundation.
(4) Available Seat Kilometre (ASK) is a measure of an airline flight's passenger carrying capacity. It is equal to the number of seats available multiplied by the number of kilometres flown.
(5) Source: http://www.airlineleader.com/regional-focus/nordic-region-heats-up-as-all-major-players-overhaul-their-strategies
(6) See footnote 12 and paragraph 31, concerning the sale of 80 % of the shares of Widerøe.
(7) Source: http://www.sasgroup.net/SASGroup/default.asp
(8) More recent developments in S&P's credit rating for SAS are discussed in footnote 25 below.
(9) Source: annual reports of SAS for the period 2008-12, available at http://www.sasgroup.net/SASGroup/default.asp
(10) Business secret.
(11) The rights issues of 2009 and 2010 were the subject of a Commission Decision in case SA.29785 (available at http://ec.europa.eu/competition/state_aid/cases/249053/249053_1461974_61_2.pdf), where the Commission concluded that the right issues did not involve State aid.
(12) See in this sense the words of the CEO of SAS, quoted by Reuters on 12 November 2012: ‘“This truly is our “final call” if there is to be a SAS in the future,” said Chief Executive after launching a new rescue plan for the airline […] which has not made a full-year profit since 2007’, available at http://www.reuters.com/article/2012/11/12/uk-sas-idUSLNE8AB01O20121112. See as well the article entitled ‘SAS tops European airline critical list’ in the Financial Times of 13 November 2012, available at http://www.ft.com/intl/cms/s/0/fa1cbd88-2d87-11e2-9988-00144feabdc0.html#axzz2TSY5JHUh
(13) See for instance Reuters on 18 November 2012 ( http://www.reuters.com/article/2012/11/19/sas-idUSL5E8MI6IY20121119) and the Financial Times of 19 November 2012 ( http://www.ft.com/intl/cms/s/0/43e37eba-322f-11e2-b891-00144feabdc0.html#axzz2TSY5JHUh).
(14) According to information provided by the Danish and Swedish authorities, the sale of […] — indicated in the opening decision — was removed from the final list of planned disposals, given the high uncertainty as regards the timing of sale and revenue generation.
(15) On 20 May 2013, SAS reported that it had signed an agreement to sell 80 % of its shares in Widerøe to an investor group. SAS will retain a 20 % share in Widerøe but will have an option to transfer full ownership in 2016. See http://mb.cision.com/Main/290/9410155/119539.pdf
(16) SAS has sold 10 % of the shares in its ground handling company to Swissport. This acquisition was effective as of 1 November 2013. The negotiations are currently on hold until Swissport has concluded the acquisition and integration of Servisair.
(17) This has been completed having a liquidity effect of around SEK 1,7 billion.
(18) These measures have largely been implemented and will amount to savings of around SEK 1 billion.
(19) […]
(20) […], one of the lenders under the old RCF, indicated that it would not be prepared to participate in the new RCF. As a result, […] and […] increased their participation in the new RCF proportionally.
(21) See footnote 34 below.
(22) See http://www.reuters.com/finance/stocks/SAS.ST/key-developments/article/2662973
(23) The commitment under Facility A was reduced from SEK 0,8 billion to SEK 0,6 billion on 31 October 2013 as a consequence of SAS selling a stake in SAS Ground Handling to Swissport.
(24) OJ C 244, 1.10.2004, p. 2.
(25) The alternative would be to simply allow the old RCF to expire on 20 June 2013, while at the same time preventing any utilization in that period as long as SAS could not satisfy the drawdown conditions.
(26) The Danish and Swedish authorities provided information concerning some of the banks' other exposures to SAS in the form of bilateral facilities, various hedging arrangements, credit cards, aircraft financing facilities, overdraft facilities and real estate transactions. The Danish and Swedish authorities maintain that, with the possible exception of […]'s exposure related to credit card payments, the banks did not have any material unsecured exposure to SAS. The various forms of exposure mentioned were either limited in size or were secured and consequently appeared insignificant in relation to the banks' decision to participate in the new RCF.
(27) Revenue per Available Seat Kilometre (RASK) is a commonly-used measure of revenue for airlines.
(28) Denmark and Sweden and SAS also emphasise in this regard that S&P upgraded its credit rating of SAS from CCC+ to B– with a stable outlook on 5 August 2013.
(29) See Case 730/79 Philip Morris Holland BV v Commission [1980] EC-2671, paragraph 11; Case T-288/97 Regione Friuli Venezia Giulia v Commission [2001] ECR 2001 II-1169, paragraph 41; and Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH (Altmark) [2003] ECR I-7747, paragraph 75.
(30) The ‘third package’ included three legislative measures: (i) Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (OJ L 240, 24.8.1992, p. 1); (ii) Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ L 240, 24.8.1992, p. 8); and (iii) Council Regulation (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services (OJ L 240, 24.8.1992, p. 15). These Regulations were incorporated in the EEA Agreement until the time they were repealed by Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3), as incorporated in the EEA Agreement by means of Annex XIII to the EEA Agreement.
(31) Joined Cases T-228/99 and T-233/99 Westdeutsche Landesbank Girozentrale and Land Nordrhein — Westfalen v Commission [2003] ECR-II435, paragraph 255.
(32) Case T-296/97 Alitalia [2000] ECR II-3871, paragraph 81.
(33) […]
(34) Apart from the old RCF, three banks had by 30 September 2012 exposures in the form of bilateral facilities linked to the old RCF which could not be drawn unless the old RCF was drawn in full. The amounts of the individual bilateral facilities were EUR [400-800] million for […], EUR [200-400] million for […] and EUR [400-800] million for […].
(35) Case C-305/89 Italy v Commission [1991] ECR I-1603, paragraph 20.
(36) For example, […] was removed from the final list of planned disposals […].
(37) For example, one of the drawdown conditions for Facility B was that SAS should have an EBITDAR of at least SEK [5-9] billion on a 12-month rolling basis. Since this exceeded the EBITDAR projected for each year of the period 2012-15, it was considered unlikely that SAS would be in a position to draw on Facility B during the time horizon of the new RCF.
(38) The financial covenants related to […]. The latter two financial covenants were adjusted on a quarterly basis based on the financial model underlying the 4XNG plan, implying that SAS was required to meet its own financial targets.
(39) For illustrative purposes, Denmark and Sweden estimate the States' combined loss on the new RCF assuming a full drawdown of Facility A (of which SEK [700-1 200] million was covered by the States) and further assuming that the security only covered 50 % of the Facility A commitment and that the States had already received the first instalment of the commitment fee. This would have implied an estimated loss of SEK [400-800] million on the new RCF together with an estimated loss on the combined shareholding of SEK [700-1 200] million, i.e. SEK [1 100-2 000] million in total.
(40) See paragraph 90.
(41) See paragraphs 84 and 91.
(42) See paragraphs 84 and 89. |
28.6.2014
EN
Official Journal of the European Union
L 190/83
COUNCIL DECISION
of 24 June 2014
appointing a German member of the European Economic and Social Committee
(2014/412/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
Having regard to the proposal of the German Government,
Having regard to the opinion of the European Commission,
Whereas:
(1)
On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).
(2)
A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Dr Sabine HEPPERLE,
HAS ADOPTED THIS DECISION:
Article 1
Dr Günter LAMBERTZ, Leiter des Büros des DIHK bei der EU is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 24 June 2014.
For the Council
The President
E. VENIZELOS
(1) OJ L 251, 25.9.2010, p. 8. |
7.6.2014
EN
Official Journal of the European Union
L 169/108
COUNCIL REGULATION (EU) No 559/2014
of 6 May 2014
establishing the Fuel Cells and Hydrogen 2 Joint Undertaking
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 187 and the first paragraph of Article 188 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament
Having regard to the opinion of the European Economic and Social Committee (1),
Whereas:
(1)
Public-private partnerships in the form of Joint Technology Initiatives were initially provided for in Decision No 1982/2006/EC of the European Parliament and of the Council (2).
(2)
Council Decision 2006/971/EC (3) identified specific public-private partnerships to be supported, including a public-private partnership in the specific area of the Fuel Cells and Hydrogen Joint Technology Initiative.
(3)
The Communication from the Commission entitled: ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (‘Europe 2020 Strategy’) emphasises the need to develop favourable conditions for investment in knowledge and innovation so as to achieve smart, sustainable and inclusive growth in the Union. Both, the European Parliament and the Council have endorsed the Europe 2020 Strategy.
(4)
Regulation (EU) No 1291/2013 of the European Parliament and of the Council (4) (‘Horizon 2020’) aims to achieve a greater impact on research and innovation by combining Horizon 2020 and private sector funds within public-private partnerships in key areas where research and innovation can contribute to the Union’s wider competitiveness goals, leverage private investment, and help tackle societal challenges. Those partnerships should be based on a long-term commitment, including a balanced contribution from all partners, be accountable for the achievement of their objectives and be aligned with the Union’s strategic goals relating to research, development and innovation. The governance and functioning of those partnerships should be open, transparent, effective and efficient and give the opportunity to a wide range of stakeholders active in their specific areas to participate. In accordance with Regulation (EU) No 1291/2013, the involvement of the Union in those public-private partnerships may take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty on the Functioning of the European Union (TFEU) under Decision No 1982/2006/EC.
(5)
In accordance with Regulation (EU) No 1291/2013 and Council Decision 2013/743/EU (5), further support should be provided to joint undertakings established under Decision (EU) No 1982/2006/EC under the conditions specified in Decision 2013/743/EU.
(6)
The Fuel Cells and Hydrogen Joint Undertaking, set up by Council Regulation (EC) No 521/2008 (6) has demonstrated the potential of hydrogen as an energy carrier, and of fuel cells as energy converters, to offer a pathway for clean systems that reduce emissions, enhance energy security, and stimulate the economy. The interim evaluation of the Fuel Cells and Hydrogen Joint Undertaking set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 2011 entitled ‘Partnering in Research and Innovation’ has shown that the Joint Undertaking has served as a platform for creating a strong partnership, for leveraging public and private funding and for the strong involvement of industry, in particular SMEs. That evaluation also recommended an increase of the activities in relation to hydrogen production, storage and distribution, which has been taken up in the new objectives. The Joint Undertaking's research area should therefore continue to be supported with the aim of developing a portfolio of clean, efficient and affordable solutions to the point of market introduction.
(7)
For that purpose, a new Joint Undertaking for the implementation of the Joint Technology Initiative on Fuel Cells and Hydrogen (the ‘Fuel Cells and Hydrogen 2 Joint Undertaking’) should be established and should replace and succeed the Fuel Cells and Hydrogen Joint Undertaking.
(8)
Continued support for the Fuel Cells and Hydrogen research programme should also take into account the experience acquired from the activities of the Fuel Cells and Hydrogen Joint Undertaking, including the results of the Commission’s first interim evaluation and the results of stakeholders’ recommendations. That continued support should be implemented using a structure and rules that are more fit for its purpose in order to enhance efficiency and to ensure simplification. To that effect the Fuel Cells and Hydrogen 2 Joint Undertaking should adopt financial rules specific to its needs in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council (7).
(9)
The Members other than the Union of the Fuel Cells and Hydrogen Joint Undertaking have expressed their agreement in writing for the research activities in the area of the Fuel Cells and Hydrogen Joint Undertaking to be pursued within a structure better adapted to the nature of a public-private partnership. It is appropriate that the Members other than the Union to the Fuel Cells and Hydrogen 2 Joint Undertaking accept the Statutes set out in the Annex to this Regulation by means of a letter of endorsement.
(10)
In order to achieve its objectives, the Fuel Cells and Hydrogen 2 Joint Undertaking should provide financial support mainly in the form of grants to participants following open and competitive calls for proposals.
(11)
Contributions from Members other than the Union and their constituent entities or their affiliated entities should not be limited only to the administrative costs of the Fuel Cells and Hydrogen 2 Joint Undertaking and to the co-financing required to carry out research and innovation actions supported by the Fuel Cells and Hydrogen 2 Joint Undertaking. Their contributions should also cover additional activities to be undertaken by the Members other than the Union or their constituent entities or their affiliated entities, as specified in an additional activities plan. In order to get a proper overview of the leverage effect of those additional activities, they should represent contributions to the broader Fuel Cells and Hydrogen Joint Technology Initiative.
(12)
Any eligible institution may become a participant or a coordinator in selected projects. According to specific policy requirements or to the nature and objective of the action set out in the work plan, it can be required that the participants are constituent entities of a Member other than the Union, in accordance with Regulation (EU) No 1290/2013 of the European Parliament and of the Council (8).
(13)
The specific characteristics of the Fuel Cells and Hydrogen sector, in particular, the fact that it is still a pre-mature sector, without a clear return on investment and that its main benefits are societal, justify that the Union contribution is higher than the contributions from the Members other than the Union. In order to encourage broader representativeness of the groupings that are members of the Fuel Cells and Hydrogen 2 Joint Undertaking and to support the participation of new constituent entities in the Joint Technology Initiative, the Union contribution should be divided in two instalments, the second of which should be made conditional upon additional commitments, in particular from new constituent entities.
(14)
In assessing the overall impact of the Fuel Cells and Hydrogen Joint Technology Initiative, the investments from all legal entities other than the Union that contribute to the objectives of the Fuel Cells and Hydrogen Joint Technology Initiative will be taken into account. Costs incurred by all legal entities on additional activities outside the work plan of the Fuel Cells and Hydrogen 2 Joint Undertaking that contribute to the objectives of the Fuel Cells and Hydrogen 2 Joint Undertaking should be declared upon signature of grant agreements. These overall investments to the Fuel Cells and Hydrogen Joint Technology Initiative are expected to amount to at least EUR 665 000 000.
(15)
Participation in indirect actions funded by the Fuel Cells and Hydrogen 2 Joint Undertaking should comply with Regulation (EU) No 1290/2013. The Fuel Cells and Hydrogen 2 Joint Undertaking should, moreover, ensure consistent application of those rules based on relevant measures adopted by the Commission.
(16)
The Fuel Cells and Hydrogen 2 Joint Undertaking should also use electronic means managed by the Commission to ensure openness and transparency and facilitate participation. Therefore, the calls for proposals launched by the Fuel Cells and Hydrogen 2 Joint Undertaking should also be published on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission. Moreover, relevant data on, inter alia, proposals, applicants, grants and participants should be made available by the Fuel Cells and Hydrogen 2 Joint Undertaking for inclusion in Horizon 2020 reporting and dissemination electronic systems managed by the Commission, in an appropriate format and with the periodicity corresponding to the Commission’s reporting obligations.
(17)
The Fuel Cells and Hydrogen 2 Joint Undertaking should take into account the OECD definitions regarding Technological Readiness Level in the classification of technological research, product development and demonstration activities.
(18)
The Union financial contribution should be managed in accordance with the principle of sound financial management and with the relevant rules on indirect management set out in Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 1268/2012 (9).
(19)
For the purpose of simplification, the administrative burden should be reduced for all parties. Double audits and a disproportionate amount of documentation and reporting should be avoided. Audits of recipients of Union funds under this Regulation should be carried out in compliance with Regulation (EU) No 1291/2013.
(20)
The financial interests of the Union and of the other Members of the Fuel Cells and Hydrogen 2 Joint Undertaking should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, administrative and financial penalties in accordance with Regulation (EU, Euratom) No 966/2012.
(21)
The Commission’s internal auditor should exercise the same powers over the Fuel Cells and Hydrogen 2 Joint Undertaking as those exercised in respect of the Commission.
(22)
In view of the specific nature and the current status of the joint undertakings, and in order to ensure continuity with the Seventh Framework Programme, the joint undertakings should continue to be subject to a separate discharge. By way of derogation from Articles 60(7) and 209 of Regulation (EU, Euratom) No 966/2012, discharge for the implementation of the budget of the Fuel Cells and Hydrogen 2 Joint Undertaking should therefore be given by the European Parliament on the recommendation of the Council. Hence, the reporting requirements set out in Article 60(5) of Regulation (EU, Euratom) No 966/2012 should not apply to the Union financial contribution to the Fuel Cells and Hydrogen 2 Joint Undertaking but should be aligned to the extent possible to those foreseen for bodies under Article 208 of Regulation (EU, Euratom) No 966/2012. The auditing of accounts and of the legality and regularity of the underlying transactions should be undertaken by the Court of Auditors.
(23)
The Fuel Cells and Hydrogen 2 Joint Undertaking should operate in an open and transparent way providing all relevant information in a timely manner to its appropriate bodies as well as promoting its activities, including information and dissemination activities to the wider public. The rules of procedure of the bodies of the Fuel Cells and Hydrogen 2 Joint Undertaking should be made publicly available.
(24)
Horizon 2020 should contribute to the closing of the research and innovation divide within the Union by promoting synergies with the European Structural and Investment Funds (ESIF). Therefore the Fuel Cells and Hydrogen 2 Joint Undertaking should seek to develop close interactions with the ESIF, which can specifically help to strengthen local, regional and national research and innovation capabilities in the area of the Fuel Cells and Hydrogen 2 Joint Undertaking and underpin smart specialisation efforts.
(25)
The Fuel Cells and Hydrogen Joint Undertaking was set up for the period up to 31 December 2017. The Fuel Cells and Hydrogen 2 Joint Undertaking should provide continued support to the Fuel Cells and Hydrogen research programme by implementing the remaining actions initiated under Regulation (EC) No 521/2008 and in accordance with that Regulation. The transition from the Fuel Cells and Hydrogen Joint Undertaking to the Fuel Cells and Hydrogen 2 Joint Undertaking should be aligned and synchronized with the transition from the Seventh Framework Programme to Horizon 2020 to ensure optimal use of the funding available for research. In the interest of legal certainty and clarity, Regulation (EC) No 521/2008 should therefore be repealed and transitional provisions should be set out.
(26)
Given the aim of Horizon 2020 to achieve greater simplification and coherence, all calls for proposals under the Fuel Cells and Hydrogen 2 Joint Undertaking should take into account the duration of Horizon 2020.
(27)
Since the objective of this Regulation, namely to establish the Fuel Cells and Hydrogen 2 Joint Undertaking in order to strengthen industrial research and innovation across the Union cannot be sufficiently achieved by the Member States but can rather, by reason of avoiding duplication, retaining critical mass and ensuring that public financing is used in an optimal way, be better achieved at Union level, the Union may adopt measures, in accordance with the principles 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,
HAS ADOPTED THIS REGULATION:
Article 1
Establishment
1. For the implementation of the Joint Technology Initiative on Fuel Cells and Hydrogen, a joint undertaking within the meaning of Article 187 of the Treaty on the Functioning of the European Union (hereinafter ‘FCH 2 Joint Undertaking’), is established for the period until 31 December 2024. In order to take into account the duration of Horizon 2020, calls for proposals by the FCH 2 Joint Undertaking shall be launched at the latest by 31 December 2020. In duly justified cases calls for proposals may be launched by 31 December 2021.
2. The FCH 2 Joint Undertaking shall replace and succeed the FCH Joint Undertaking as established by Regulation (EC) No 521/2008.
3. The FCH 2 Joint Undertaking shall be a body entrusted with the implementation of a public-private partnership referred to in Article 209 of Regulation (EU, Euratom) No 966/2012.
4. The FCH 2 Joint Undertaking shall have legal personality. In each of the Member States, it shall enjoy the most extensive legal capacity accorded to legal persons under the laws of those Member States. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.
5. The seat of the FCH 2 Joint Undertaking shall be located in Brussels, Belgium.
6. The Statutes of the FCH 2 Joint Undertaking are set out in the Annex.
Article 2
Objectives
1. The FCH 2 Joint Undertaking shall have the following objectives:
(a)
to contribute to the implementation of Regulation (EU) No 1291/2013, and in particular the Secure, Clean and Efficient Energy Challenge and the Smart, Green and Integrated Transport Challenge under part III of Annex I of Decision 2013/743/EU;
(b)
to contribute to the objectives of the Joint Technology Initiative on Fuel Cells and Hydrogen, through the development of a strong, sustainable and globally competitive fuel cells and hydrogen sector in the Union.
2. It shall, in particular aim to:
(a)
reduce the production cost of fuel cell systems to be used in transport applications, while increasing their lifetime to levels which can compete with conventional technologies,
(b)
increase the electrical efficiency and the durability of the different fuel cells used for power production to levels which can compete with conventional technologies, while reducing costs,
(c)
increase the energy efficiency of production of hydrogen mainly from water electrolysis and renewable sources while reducing operating and capital costs, so that the combined system of the hydrogen production and the conversion using the fuel cell system can compete with the alternatives for electricity production available on the market;
(d)
demonstrate on a large scale the feasibility of using hydrogen to support integration of renewable energy sources into the energy systems, including through its use as a competitive energy storage medium for electricity produced from renewable energy sources;
(e)
reduce the use of the EU defined ‘Critical raw materials’, for instance through low-platinum or platinum-free resources and through recycling or reducing or avoiding the use of rare earth elements.
Article 3
Union financial contribution
1. The Union financial contribution to the FCH 2 Joint Undertaking, including EFTA appropriations, to cover administrative costs and operational costs shall be up to EUR 665 000 000, and shall consist of:
(a)
up to EUR 570 000 000 corresponding to the contribution committed by the Members of the FCH 2 Joint Undertaking other than the Union or their constituent entities or their affiliated entities in accordance with Article 4(1),
(b)
up to EUR 95 000 000 to match any additional contribution committed by the Members of the FCH 2 Joint Undertaking other than the Union or their constituent entities or their affiliated entities above the minimum amount specified in Article 4(1).
The Union financial contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing Horizon 2020 in accordance with point (c)(iv) of Article 58(1) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation.
2. The arrangements for the Union financial contribution shall be set out in a delegation agreement and annual transfer of funds agreements to be concluded between the Commission, on behalf of the Union, and the FCH 2 Joint Undertaking.
3. The delegation agreement referred to in paragraph 2 of this Article shall address the elements set out in Article 58(3) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 and in Article 40 of Delegated Regulation (EU) No 1268/2012 as well as, inter alia, the following:
(a)
the requirements for the FCH 2 Joint Undertaking’s contribution regarding the relevant performance indicators referred to in Annex II to Decision 2013/743/EU;
(b)
the requirements for the FCH 2 Joint Undertaking’s contribution in view of the monitoring referred to in Annex III to Decision 2013/743/EU;
(c)
the specific performance indicators related to the functioning of the FCH 2 Joint Undertaking;
(d)
the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations; including on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission;
(e)
provisions for the publication of calls for proposals of the FCH 2 Joint Undertaking also on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission;
(f)
the use of and changes to human resources, in particular recruitment by function group, grade and category, the reclassification exercise and any changes to the number of staff members.
Article 4
Contributions of Members other than the Union
1. The Members of the FCH 2 Joint Undertaking other than the Union shall make or arrange for their constituent entities or their affiliated entities to make a total contribution of at least EUR 380 000 000 over the period defined in Article 1.
2. The contribution referred to in paragraph 1 of this Article shall consist of the following:
(a)
contributions to the FCH 2 Joint Undertaking set out in Article 13(2) and point (b) of Article 13(3) of the Statutes.
(b)
in-kind contributions of at least EUR 285 000 000 over the period defined in Article 1 by the Members other than the Union or their constituent entities or their affiliated entities, consisting of the costs incurred by them in implementing additional activities outside the work plan of the FCH 2 Joint Undertaking contributing to the objectives of the FCH Joint Technology Initiative. Other Union funding programmes may support those costs in accordance with the applicable rules and procedures. In such cases, Union financing shall not be a substitute for the in kind contributions from the Members other than the Union or their constituent entities or their affiliated entities.
The costs referred to in point (b) of the first subparagraph shall not be eligible for financial support by the FCH 2 Joint Undertaking. The corresponding activities shall be set out in an annual additional activities plan that shall indicate the estimated value of those contributions.
3. The Members of the FCH 2 Joint Undertaking other than the Union shall report each year by 31 January to the Governing Board of the FCH 2 Joint Undertaking on the value of the contributions referred to in paragraph 2 made in each of the previous financial years.
4. For the purpose of valuing the contributions referred to in point (b) of paragraph 2 of this Article and Article 13(3)(b) of the Statutes, the costs shall be determined in accordance with the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where the entity is established, and to the applicable International Accounting Standards and International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation method may be verified by the FCH 2 Joint Undertaking should there be any uncertainty arising from the certification. For the purposes of this Regulation, the costs incurred in additional activities shall not be audited by the FCH 2 Joint Undertaking or any Union body.
5. The Commission may terminate, proportionally reduce or suspend the Union financial contribution to the FCH 2 Joint Undertaking or trigger the winding up procedure referred to in Article 21(2) of the Statutes if the Members of the FCH 2 Joint Undertaking other than the Union or their constituent entities or their affiliated entities do not contribute, contribute only partially or contribute late with regard to the contributions referred to in paragraph 2 of this Article. The Commission decision shall not hinder the reimbursement of eligible costs already incurred by the Members of the FCH 2 Joint Undertaking other than the Union by the time the decision to terminate, proportionally reduce or suspend the Union financial contribution is notified to the FCH 2 Joint Undertaking.
Article 5
Financial rules
Without prejudice to Article 12 of this Regulation, the FCH 2 Joint Undertaking shall adopt its specific financial rules in accordance with Article 209 of Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 110/2014 (10).
Article 6
Staff
1. The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (11) (‘Staff Regulations’ and ‘Conditions of Employment’) and the rules adopted jointly by the institutions of the Union for the purpose of applying those Staff Regulations and Conditions of Employment shall apply to the staff of the FCH 2 Joint Undertaking.
2. The Governing Board shall exercise, with respect to the staff of the FCH 2 Joint Undertaking, the powers conferred by the Staff Regulations on the Appointing Authority and the powers conferred by the Conditions of Employment on the authority empowered to conclude contracts (hereinafter ‘the appointing authority powers’).
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which that delegation may be suspended. The Executive Director shall be authorised to sub-delegate those powers.
Where exceptional circumstances so require, the Governing Board may by decision temporarily suspend the delegation of the appointing authority powers to the Executive Director and any subsequent sub-delegation of those powers by the latter. In such cases, the Governing Board shall exercise the powers of the appointing authority itself or delegate them to one of its members or to a staff member of the FCH 2 Joint Undertaking other than the Executive Director.
3. The Governing Board shall adopt appropriate implementing rules to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations.
4. The staff resources shall be determined in the staff establishment plan of the FCH 2 Joint Undertaking indicating the number of temporary posts by function group and by grade and the number of contract staff expressed in full-time equivalents, in line with its annual budget.
5. The staff of the FCH 2 Joint Undertaking shall consist of temporary staff and contract staff.
6. All costs related to the staff shall be borne by the FCH 2 Joint Undertaking.
Article 7
Seconded national experts and trainees
1. The FCH 2 Joint Undertaking may make use of seconded national experts and trainees not employed by the FCH 2 Joint Undertaking. The number of seconded national experts expressed in full-time equivalents shall be added to the information on staff as referred to in Article 6(4) in line with the annual budget.
2. The Governing Board shall adopt a decision laying down rules on the secondment of national experts to the FCH 2 Joint Undertaking and on the use of trainees.
Article 8
Privileges and Immunities
The Protocol (No 7) on the privileges and immunities of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, shall apply to the FCH 2 Joint Undertaking and its staff.
Article 9
Liability of the FCH 2 Joint Undertaking
1. The contractual liability of the FCH 2 Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the agreement, decision or contract in question.
2. In the case of non-contractual liability, the FCH 2 Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff in the performance of their duties.
3. Any payment by the FCH 2 Joint Undertaking in respect of the liability referred to in paragraphs 1 or 2 and the costs and expenses incurred in connection therewith shall be considered as expenditure of the FCH 2 Joint Undertaking and shall be covered by the resources of the FCH 2 Joint Undertaking.
4. The FCH 2 Joint Undertaking shall be solely responsible for meeting its obligations.
Article 10
Jurisdiction of the Court of Justice and applicable law
1. The Court of Justice shall have jurisdiction:
(a)
pursuant to any arbitration clause contained in agreements or contracts concluded by the FCH 2 Joint Undertaking or in its decisions;
(b)
in disputes relating to compensation for damage caused by the staff of the FCH 2 Joint Undertaking in the performance of their duties;
(c)
in any dispute between the FCH 2 Joint Undertaking and its staff within the limits and under the conditions laid down in the Staff Regulations and the Conditions of Employment.
2. Regarding any matter not covered by this Regulation or by other Union legal acts, the law of the State where the seat of the FCH 2 Joint Undertaking is located shall apply.
Article 11
Evaluation
1. By 30 June 2017 the Commission shall, with the assistance of independent experts, carry out an interim evaluation of the FCH 2 Joint Undertaking, which shall, in particular, assess the level of participation in, and contribution to, the indirect actions both by the constituent entities of the Members other than the Union or their affiliated entities, and also by other legal entities. The Commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the Commission. The Commission shall send that report to the European Parliament and to the Council by 31 December 2017. The results of the interim evaluation of the FCH 2 Joint Undertaking shall be taken into account in the in-depth assessment and in the interim evaluation referred to in Article 32 of Regulation (EU) No 1291/2013.
2. On the basis of the conclusions of the interim evaluation referred to in paragraph 1 of this Article, the Commission may act in accordance with Article 4(5), or take any other appropriate action.
3. Within six months after the winding up of the FCH 2 Joint Undertaking, but no later than two years after the triggering of the winding up procedure referred to in Article 21 of the Statutes, the Commission shall conduct a final evaluation of the FCH 2 Joint Undertaking. The results of that final evaluation shall be presented to the European Parliament and to the Council.
Article 12
Discharge
By way of derogation from Article 60(7) and Article 209 of Regulation (EU, Euratom) No 966/2012, the discharge for the implementation of the budget of the FCH 2 Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council in accordance with the procedure provided for in the financial rules of the FCH 2 Joint Undertaking.
Article 13
Ex-post audits
1. Ex-post audits of expenditure on indirect actions shall be carried out by the FCH 2 Joint Undertaking in accordance with Article 29 of Regulation (EU) No 1291/2013 as part of the Horizon 2020 indirect actions.
2. The Commission may decide to carry out itself the audits referred to in paragraph 1 of this Article. In such cases it shall do so in accordance with the applicable rules, in particular the provisions of Regulation (EU, Euratom) No 966/2012, Regulation (EU) No 1290/2013 and Regulation (EU) No 1291/2013.
Article 14
Protection of the financial interests of the Members
1. The FCH 2 Joint Undertaking shall grant Commission staff and other persons authorised by the Commission or the FCH 2 Joint Undertaking, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.
2. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Council Regulation (Euratom, EC) No 2185/96 (12) and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (13) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with an agreement, a decision or a contract funded under this Regulation.
3. Without prejudice to paragraphs 1 and 2, contracts, agreements and decisions, resulting from the implementation of this Regulation shall contain provisions expressly empowering the Commission, the FCH 2 Joint Undertaking, the Court of Auditors and OLAF to conduct such audits and investigations, in accordance with their respective competences.
4. The FCH 2 Joint Undertaking shall ensure that the financial interests of its Members are adequately protected by carrying out or commissioning appropriate internal and external controls.
5. The FCH 2 Joint Undertaking shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-Fraud Office (OLAF) (14). The FCH 2 Joint Undertaking shall adopt the necessary measures needed to facilitate internal investigations conducted by OLAF.
Article 15
Confidentiality
Without prejudice to Article 16, the FCH 2 Joint Undertaking shall ensure the protection of sensitive information the disclosure of which could damage the interests of its Members or of participants in the activities of the FCH 2 Joint Undertaking.
Article 16
Transparency
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council (15), shall apply to documents held by the FCH 2 Joint Undertaking.
2. The FCH 2 Joint Undertaking Governing Board may adopt the practical arrangements for implementing Regulation (EC) No 1049/2001.
3. Without prejudice to Article 10 of this Regulation, decisions taken by the FCH 2 Joint Undertaking pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman under the conditions laid down in Article 228 of the TFEU.
Article 17
Rules for participation and dissemination
Regulation (EU) No 1290/2013 shall apply to the actions funded by the FCH 2 Joint Undertaking. In accordance with that Regulation, the FCH 2 Joint Undertaking shall be considered as a funding body and shall provide financial support to indirect actions as set out in Article 1 of the Statutes.
Pursuant to Article 9(5) of the Regulation (EU) No 1290/2013, work plans may provide for justified additional conditions according to specific policy requirements or to the nature and objective of the action.
Article 18
Support from the host State
An administrative agreement may be concluded between the FCH 2 Joint Undertaking and the State where its seat is located concerning privileges and immunities and other support to be provided by that State to the FCH 2 Joint Undertaking.
Article 19
Repeal and transitional provisions
1. Regulation (EC) No 521/2008 is hereby repealed.
2. Without prejudice to paragraph 1, actions initiated under Regulation (EC) No 521/2008 and financial obligations related to those actions shall continue to be governed by that Regulation until their completion.
The interim evaluation referred to in Article 11(1) of this Regulation shall include a final evaluation of the FCH Joint Undertaking under Regulation (EC) No 521/2008.
3. This Regulation shall not affect the rights and obligations of staff engaged under Regulation (EC) No 521/2008.
The employment contracts of staff referred to in the first subparagraph may be renewed under this Regulation in accordance with the Staff Regulations and the Conditions of Employment.
In particular, the Executive Director appointed under Regulation (EC) No 521/2008 shall, for his remaining term of office, be assigned to the functions of the Executive Director as provided for in this Regulation with effect from 27 June 2014. The other conditions of the contract shall remain unchanged.
4. Unless otherwise agreed between Members pursuant to Regulation (EC) No 521/2008, all rights and obligations including assets, debts or liabilities of the Members pursuant to Regulation (EC) No 521/2008 shall be transferred to the Members pursuant to this Regulation.
5. Any unused appropriations under Regulation (EC) No 521/2008 shall be transferred to the FCH 2 Joint Undertaking.
Article 20
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, 6 May 2014.
For the Council
The President
G. STOURNARAS
(1) Opinion of 10 December 2013 (not yet published in the Official Journal).
(2) Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).
(3) Council Decision 2006/971/EC of 19 December 2006 concerning the Specific Programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 400, 30.12.2006, p. 86).
(4) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — The Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).
(5) Council Decision 2013/743/EU of 3 December 2013 establishing the Specific Programme implementing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965).
(6) Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (OJ L 153, 12.6.2008, p. 1).
(7) Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p. 84).
(8) Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the Horizon 2020 Rules for Participation and Dissemination in ‘Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)’ (OJ L 347, 20.12.2013, p. 81).
(9) 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).
(10) Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 38, 7.2.2014, p. 2).
(11) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ 56, 4.3.1968, p. 1).
(12) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
(13) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(14) OJ L 136, 31.5.1999, p. 15.
(15) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
ANNEX
STATUTES OF THE FUEL CELLS AND HYDROGEN 2 JOINT UNDERTAKING
Article 1
Tasks
The FCH 2 Joint Undertaking shall carry out the following tasks:
(a)
provide financial support to research and innovation indirect actions mainly in the form of grants;
(b)
reach the critical mass of research efforts to build confidence in industry, public and private investors, decision makers and other stakeholders to embark on a long-term programme;
(c)
integrate research and technology developments and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks;
(d)
stimulate innovation and the emergence of new value chains;
(e)
facilitate interaction between industry, universities and research centres;
(f)
promote the involvement of SMEs in its activities, in line with the objectives of Horizon 2020;
(g)
perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and nontechnical barriers to market entry;
(h)
encourage the development of new regulations and standards and review existing ones to eliminate artificial barriers to market entry and to support inter-changeability, inter-operability, cross-border trading, and export markets;
(i)
ensure the efficient management of the FCH 2 Joint Undertaking;
(j)
commit Union funding and mobilise the private sector and other public sector resources needed to implement fuel cells and hydrogen research and innovation activities;
(k)
foster and facilitate the involvement of industry in additional activities implemented outside indirect actions;
(l)
engage in information, communication, exploitation and dissemination activities by applying mutatis mutandis Article 28 of Regulation (EU) No 1291/2013, including making the detailed information on results from calls for proposals available and accessible in a common Horizon 2020 e-database;
(m)
liaise with a broad range of stakeholders including research organisations and universities;
(n)
any other task needed to achieve the objectives set out in Article 2 of this Regulation.
Article 2
Members
The Members of the FCH 2 Joint Undertaking shall be:
(a)
the Union, represented by the Commission,
(b)
upon acceptance of these Statutes by means of a letter of endorsement, the New Energy World Industry Grouping AISBL, a non-profit organisation established under Belgian Law (registration number: 890 025 478) with its permanent office in Brussels, Belgium (the ‘Industry Grouping’), and
(c)
upon acceptance of these Statutes by means of a letter of endorsement, the New European Research Grouping on Fuel Cells and Hydrogen AISBL, a non-profit organisation established under Belgian Law (registration number: 0897.679.372) with its permanent office in Brussels, Belgium (the ‘Research Grouping’).
Constituent entities are the entities that constitute each Member of the FCH 2 Joint Undertaking other than the Union, according to that Member’s Statutes.
Article 3
Changes to membership
1.
Any Member may terminate its membership of the FCH 2 Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Member shall be discharged from any obligations other than those approved or incurred by the FCH 2 Joint Undertaking prior to terminating the membership.
2.
Membership of the FCH 2 Joint Undertaking may not be transferred to a third party without the prior agreement of the Governing Board.
3.
The FCH 2 Joint Undertaking shall, upon any change to membership pursuant to this Article, immediately publish an updated list of Members of the FCH 2 Joint Undertaking on its website together with the date when such change takes effect.
Article 4
Bodies of the FCH 2 Joint Undertaking
1.
The bodies of the FCH 2 Joint Undertaking shall be:
(a)
the Governing Board;
(b)
the Executive Director;
(c)
the Scientific Committee;
(d)
the States Representatives Group;
(e)
the Stakeholder Forum.
2.
The Scientific Committee, the States Representatives Group and the Stakeholder Forum shall be advisory bodies of the FCH 2 Joint Undertaking.
Article 5
Composition of the Governing Board
The Governing Board shall be composed of:
(a)
three representatives of the Commission on behalf of the Union;
(b)
six representatives of the Industry Grouping, at least one of which shall represent SMEs;
(c)
one representative of the Research Grouping.
Article 6
Functioning of the Governing Board
1.
The Union shall hold 50 % of the voting rights. The voting rights of the Union shall be indivisible. The Industry Grouping shall hold 43 % of the voting rights and the Research Grouping 7 % of the voting rights. The Members shall use their best efforts to achieve consensus. Failing consensus, the Governing Board shall take its decisions by a majority of at least 75 % of all votes, including the votes of those who are absent.
2.
The Governing Board shall elect its chairperson for a period of two years.
3.
The Governing Board shall hold its ordinary meetings at least twice a year. It may hold extraordinary meetings at the request of the Commission or of a majority of the representatives of the Industry Grouping and the Research Grouping or at the request of the chairperson. The meetings of the Governing Board shall be convened by its chairperson and shall usually take place at the seat of the FCH 2 Joint Undertaking.
The Executive Director shall have the right to take part in the deliberations, but shall have no voting rights.
The chairperson of the States Representatives Group shall have the right to attend meetings of the Governing Board as an observer and take part in its deliberations, but shall have no voting rights.
The chairperson of the Scientific Committee shall have the right, whenever issues falling within its tasks are discussed, to attend meetings of the Governing Board as an observer and take part in its deliberations, but shall have no voting rights.
The Governing Board may invite, on a case by case basis, other persons to attend its meetings as observers, in particular representatives of regional authorities within the Union.
4.
The representatives of the Members shall not be personally liable for actions they have taken in their capacity as representatives on the Governing Board.
5.
The Governing Board shall adopt its own rules of procedure.
Article 7
Tasks of the Governing Board
1.
The Governing Board shall have overall responsibility for the strategic orientation and the operations of the FCH 2 Joint Undertaking and shall supervise the implementation of its activities.
2.
The Commission, within its role in the Governing Board, shall seek to ensure coordination between the activities of the FCH 2 Joint Undertaking and the relevant activities of Horizon 2020 with a view to promoting synergies when identifying priorities covered by collaborative research.
3.
The Governing Board shall in particular carry out the following tasks:
(a)
decide on the termination of the membership in the FCH 2 Joint Undertaking of any Member that does not fulfil its obligations;
(b)
adopt the financial rules of the FCH 2 Joint Undertaking in accordance with Article 5 of this Regulation;
(c)
adopt the annual budget of the FCH 2 Joint Undertaking, including the staff establishment plan indicating the number of temporary posts by function group and by grade as well as the number of contract staff and seconded national experts expressed in full-time equivalents;
(d)
exercise the appointing authority powers with respect of the staff, in accordance with Article 6(2) of this Regulation;
(e)
appoint, dismiss, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
(f)
approve the organisational structure of the Programme Office upon recommendation by the Executive Director;
(g)
adopt the annual work plan and the corresponding expenditure estimates, as proposed by the Executive Director, after having consulted the Scientific Committee and the States Representatives Group;
(h)
approve the annual additional activities plan referred to in Article 4(2)(b) of this Regulation on the basis of a proposal from the Members other than the Union and after having consulted, where appropriate, an ad hoc advisory group;
(i)
approve the annual activity report, including the corresponding expenditure;
(j)
arrange, as appropriate, for the establishment of an internal audit capability of the FCH 2 Joint Undertaking;
(k)
approve the calls as well as, where appropriate, the related rules for submission, evaluation, selection, award and review procedures;
(l)
approve the list of actions selected for funding on the basis of the ranking list produced by a panel of independent experts;
(m)
establish the FCH 2 Joint Undertaking’s communications policy upon recommendation by the Executive Director;
(n)
where appropriate, establish implementing rules to the Staff Regulations and the Conditions of Employment in accordance with Article 6(3) of this Regulation;
(o)
where appropriate, establish rules on the secondment of national experts to the FCH 2 Joint Undertaking and on the use of trainees in accordance with Article 7 of this Regulation;
(p)
where appropriate, set up advisory groups in addition to the bodies of the FCH 2 Joint Undertaking;
(q)
where appropriate, submit to the Commission a request to amend this Regulation proposed by a Member of the FCH 2 Joint Undertaking;
(r)
be responsible for any task that is not specifically allocated to a particular body of the FCH 2 Joint Undertaking; it may assign such a task to any of those bodies.
Article 8
Appointment, dismissal or extension of the term of office of the Executive Director
1.
The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the Members of the FCH 2 Joint Undertaking other than the Union in the selection procedure as appropriate.
In particular, an appropriate representation from the Members of the FCH 2 Joint Undertaking other than the Union shall be ensured at the pre-selection stage of the selection procedure. For that purpose, the Members of the FCH 2 Joint Undertaking other than the Union shall appoint by common accord a representative as well as an observer on behalf of the Governing Board.
2.
The Executive Director shall be a member of staff and shall be engaged as a temporary agent of the FCH 2 Joint Undertaking under point (a) of Article 2 of the Conditions of Employment.
For the purpose of concluding the contract of the Executive Director, the FCH 2 Joint Undertaking shall be represented by the chairperson of the Governing Board.
3.
The term of office of the Executive Director shall be three years. By the end of that period, the Commission associating the Members of the FCH 2 Joint Undertaking other than the Union as appropriate shall undertake an assessment of the performance of the Executive Director and the FCH 2 Joint Undertaking’s future tasks and challenges.
4.
The Governing Board, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for a period of no more than four years.
5.
An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.
6.
The Executive Director may be dismissed only upon a decision of the Governing Board acting on a proposal from the Commission associating the Members of the FCH 2 Joint Undertaking other than the Union as appropriate.
Article 9
Tasks of the Executive Director
1.
The Executive Director shall be the chief executive responsible for the day-to-day management of the FCH 2 Joint Undertaking in accordance with the decisions of the Governing Board.
2.
The Executive Director shall be the legal representative of the FCH 2 Joint Undertaking. The Executive Director shall be accountable to the Governing Board.
3.
The Executive Director shall implement the budget of the FCH 2 Joint Undertaking.
4.
The Executive Director shall, in particular, carry out the following tasks in an independent manner:
(a)
prepare and submit for adoption to the Governing Board the draft annual budget, including the corresponding staff establishment plan indicating the number of temporary posts in each grade and function group and the number of contract staff and seconded national experts expressed in full-time equivalents;
(b)
prepare and submit for adoption to the Governing Board the annual work plan and the corresponding expenditure estimates;
(c)
submit for opinion to the Governing Board the annual accounts;
(d)
prepare and submit for approval to the Governing Board the annual activity report, including the information on corresponding expenditure;
(e)
submit to the Governing Board the report on in-kind contributions in indirect actions as provided for in point (b) of Article 13(3) of the Statutes;
(f)
submit for approval to the Governing Board the list of proposals to be selected for funding;
(g)
inform the States Representatives Group and the Scientific Committee regularly of all matters relevant to their advisory role;
(h)
sign individual grant agreements and decisions;
(i)
sign procurement contracts;
(j)
implement the FCH 2 Joint Undertaking’s communications policy;
(k)
organise, direct and supervise the operations and the staff of the FCH 2 Joint Undertaking within the limits of the delegation by the Governing Board as provided for in Article 6(2) of this Regulation;
(l)
establish and ensure the functioning of an effective and efficient internal control system and report any significant change to it to the Governing Board;
(m)
ensure that risk assessment and risk management are performed;
(n)
take any other measures needed for assessing the progress of the FCH 2 Joint Undertaking towards achieving its objectives;
(o)
perform any other tasks entrusted or delegated to the Executive Director by the Governing Board.
5.
The Executive Director shall set up a Programme Office for the execution, under his/her responsibility, of all support tasks arising from this Regulation. The Programme Office shall be composed of the staff of the FCH 2 Joint Undertaking and shall, in particular, carry out the following tasks:
(a)
provide support in establishing and managing an appropriate accounting system in accordance with the financial rules of the FCH 2 Joint Undertaking;
(b)
manage the calls as provided for in the annual work plan, and the administration of the agreements and decisions, including their coordination;
(c)
provide to the Members and the other bodies of the FCH 2 Joint Undertaking all relevant information and support necessary for them to perform their duties as well as responding to their specific requests;
(d)
act as the secretariat of the bodies of the FCH 2 Joint Undertaking and provide support to advisory groups set up by the Governing Board.
Article 10
Scientific Committee
1.
The Scientific Committee shall consist of no more than nine members. It shall elect a chairperson from among its members.
2.
The members of the Scientific Committee shall reflect a balanced representation of worldwide recognised experts from academia, industry and regulatory bodies. Collectively, the members of the Scientific Committee shall have the necessary scientific competencies and expertise covering the technical domain needed to make science-based recommendations to the FCH 2 Joint Undertaking.
3.
The Governing Board shall establish the specific criteria and selection process for the composition of the Scientific Committee and shall appoint its members. The Governing Board shall take into consideration the potential candidates proposed by the States Representatives Group.
4.
The Scientific Committee shall carry out the following tasks:
(a)
advise on the scientific priorities to be addressed in the annual work plans;
(b)
advise on the scientific achievements described in the annual activity report.
5.
The Scientific Committee shall meet at least twice a year. The meetings shall be convened by its chairperson.
6.
The Scientific Committee may, with the agreement of the chairperson, invite other persons to attend its meetings.
7.
The Scientific Committee shall adopt its own rules of procedure.
Article 11
States Representatives Group
1.
The States Representatives Group shall consist of one representative of each Member State and of each country associated to Horizon 2020. It shall elect a chairperson from among its members.
2.
The States Representatives Group shall meet at least twice a year. The meetings shall be convened by its chairperson. The Executive Director and the chairperson of the Governing Board or their representatives shall attend the meetings.
The chairperson of the States Representatives Group may invite other persons to attend its meetings as observers, in particular representatives of regional authorities within the Union.
3.
The States Representatives Group shall be consulted and, in particular review information and provide opinions on the following matters:
(a)
the programme progress in the FCH 2 Joint Undertaking and the achievement of its targets;
(b)
the updating of strategic orientation;
(c)
the links to Horizon 2020;
(d)
the annual work plans;
(e)
the involvement of SMEs.
4.
The States Representatives Group shall also provide information to and act as an interface with the FCH 2 Joint Undertaking on the following matters:
(a)
the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of FCH technologies to allow synergies and avoid overlaps;
(b)
specific measures taken at national or regional level with regard to dissemination events, dedicated technical workshops and communication activities.
5.
The States Representatives Group may, on its own initiative, issue recommendations or proposals to the Governing Board on technical, managerial and financial matters as well as on annual plans, in particular when those matters affect national or regional interests.
The Governing Board shall inform the States Representatives Group without undue delay of the follow up it has given to such recommendations or proposals, or it shall give reasons if they are not followed up.
6.
The States Representatives Group shall receive information on a regular basis, among others on the participation in indirect actions funded by the FCH 2 Joint Undertaking, on the outcome of each call for proposals and project implementation, on synergies with other relevant Union programmes, and on the execution of the FCH 2 Joint Undertaking's budget.
7.
The FCH 2 States Representatives Group shall adopt its own rules of procedure.
Article 12
Stakeholder Forum
1.
The Stakeholder Forum shall be open to all public and private stakeholders, international interest groups from Member States, associated countries as well as from other countries.
2.
The Stakeholder Forum shall be informed of the activities of the FCH 2 Joint Undertaking and shall be invited to provide comments.
3.
The meetings of the Stakeholder Forum shall be convened by the Executive Director.
Article 13
Sources of financing
1.
The FCH 2 Joint Undertaking shall be jointly funded by the Union and the Members other than the Union or their constituent entities or their affiliated entities through financial contributions paid in instalments and contributions consisting of the costs incurred by them in implementing indirect actions that are not reimbursed by the FCH 2 Joint Undertaking.
2.
The administrative costs of the FCH 2 Joint Undertaking shall not exceed EUR 38 000 000 and shall be covered through financial contributions divided on an annual basis between the Union and the Members other than the Union. The Union shall contribute 50 %, the Industry Grouping 43 % and the Research Grouping 7 %. If part of the contribution for administrative costs is not used, it may be made available to cover the operational costs of the FCH 2 Joint Undertaking.
3.
The operational costs of the FCH 2 Joint Undertaking shall be covered through:
(a)
a financial contribution by the Union
(b)
in-kind contributions by the constituent entities of the Members other than the Union or their affiliated entities participating in the indirect actions, consisting of the costs incurred by them in implementing indirect actions less the contribution of the FCH 2 Joint Undertaking and any other Union contribution to those costs.
4.
The resources of the FCH 2 Joint Undertaking entered in its budget shall be composed of the following contributions:
(a)
Members’ financial contributions to the administrative costs;
(b)
Union financial contribution to the operational costs;
(c)
any revenue generated by the FCH 2 Joint Undertaking;
(d)
any other financial contributions, resources and revenues.
Any interest yielded by the contributions paid to the FCH 2 Joint Undertaking by its Members shall be considered to be its revenue.
5.
All resources of the FCH 2 Joint Undertaking and its activities shall be devoted to the objectives set out in Article 2 of this Regulation.
6.
The FCH 2 Joint Undertaking shall own all assets generated by it or transferred to it for the achievement of its objectives.
7.
Except when the FCH 2 Joint Undertaking is wound up, any excess revenue over expenditure shall not be paid to the Members of the FCH 2 Joint Undertaking.
Article 14
Financial commitments
The financial commitments of the FCH 2 Joint Undertaking shall not exceed the amount of financial resources available or committed to its budget by its Members.
Article 15
Financial year
The financial year shall run from 1 January to 31 December.
Article 16
Operational and financial planning
1.
The Executive Director shall submit for adoption to the Governing Board a draft annual work plan, which shall include a detailed plan of the research and innovation activities, the administrative activities and the corresponding expenditure estimates for the coming year. The draft work plan shall also include the estimated value of the contributions to be made in accordance with point (b) of Article 13(3) of the Statutes.
2.
The annual work plan for a particular year shall be adopted by the end of the previous year. The annual work plan shall be made publicly available.
3.
The Executive Director shall prepare the draft annual budget for the following year and submit it to the Governing Board for adoption.
4.
The annual budget for a particular year shall be adopted by the Governing Board by the end of the previous year.
5.
The annual budget shall be adapted in order to take into account the amount of the Union financial contribution as set out in the Union budget.
Article 17
Operational and financial reporting
1.
The Executive Director shall report annually to the Governing Board on the performance of the duties of the Executive Director in accordance with the financial rules of the FCH 2 Joint Undertaking.
Within two months of the closure of each financial year, the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the FCH 2 Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. The annual activity report shall include, inter alia, information on the following matters:
(a)
research, innovation and other actions carried out and the corresponding expenditure;
(b)
the actions submitted, including a breakdown by participant type, including SMEs, and by country;
(c)
the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the FCH 2 Joint Undertaking to the individual participants and actions.
2.
Once approved by the Governing Board, the annual activity report shall be made publicly available.
3.
By 1 March of the following financial year, the accounting officer of the FCH 2 Joint Undertaking shall send the provisional accounts to the Commission’s accounting officer and the Court of Auditors.
By 31 March of the following financial year, the FCH 2 Joint Undertaking shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors.
On receipt of the Court of Auditors’ observations on the FCH 2 Joint Undertaking’s provisional accounts pursuant to Article 148 of Regulation (EU, Euratom) No 966/2012, the accounting officer of the FCH 2 Joint Undertaking shall draw up the FCH 2 Joint Undertaking’s final accounts and the Executive Director shall submit them to the Governing Board for an opinion.
The Governing Board shall deliver an opinion on the FCH 2 Joint Undertaking’s final accounts.
The Executive Director shall, by 1 July of the following financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Governing Board’s opinion.
The final accounts shall be published in the Official Journal of the European Union by 15 November of the following financial year.
The Executive Director shall provide the Court of Auditors with a reply to its observations made in its annual report by 30 September. The Executive Director shall also submit that reply to the Governing Board.
The Executive Director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 165(3) of Regulation (EU, Euratom) No 966/2012.
Article 18
Internal audit
The Commission’s internal auditor shall exercise the same powers over the FCH 2 Joint Undertaking as those exercised in respect of the Commission.
Article 19
Liability of Members and insurance
1.
The financial liability of the Members for the debts of the FCH 2 Joint Undertaking shall be limited to their contributions already made to the administrative costs.
2.
The FCH 2 Joint Undertaking shall take out and maintain appropriate insurance.
Article 20
Conflict of interest
1.
The FCH 2 Joint Undertaking, its bodies and staff shall avoid any conflict of interest in the implementation of their activities.
2.
The FCH 2 Joint Undertaking Governing Board shall adopt rules for the prevention and management of conflicts of interest in respect of its Members, bodies and staff. Those rules shall contain provision intended to avoid a conflict of interest in respect of the representatives of the Members serving in the Governing Board.
Article 21
Winding up
1.
The FCH 2 Joint Undertaking shall be wound up at the end of the period defined in Article 1 of this Regulation.
2.
In addition to paragraph 1, the winding up procedure shall be automatically triggered if the Union or all Members other than the Union withdraw from the FCH 2 Joint Undertaking.
3.
For the purpose of conducting the proceedings to wind up the FCH 2 Joint Undertaking, the Governing Board shall appoint one or more liquidators, who shall comply with the decisions of the Governing Board.
4.
When the FCH 2 Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the FCH 2 Joint Undertaking. Any such surplus distributed to the Union shall be returned to the Union budget.
5.
An ad hoc procedure shall be set up to ensure the appropriate management of any agreement concluded or decision adopted by the FCH 2 Joint Undertaking as well as any procurement contract with duration longer than the duration of the FCH 2 Joint Undertaking. |
22.11.2014
EN
Official Journal of the European Union
L 335/1
COMMISSION REGULATION (EU) No 1246/2014
of 19 November 2014
establishing a prohibition of fishing for black scabbardfish in EU and international waters of V, VI, VII and XII by vessels flying the flag of Spain
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 1262/2012 (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, 19 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 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).
ANNEX
No
73/DSS
Member State
Spain
Stock
BSF/56712-
Species
Black scabbardfish (Aphanopus carbo)
Zone
EU and international waters of V, VI, VII and XII
Closing date
6.11.2014 |
28.6.2014
EN
Official Journal of the European Union
L 190/8
COMMISSION REGULATION (EU) No 715/2014
of 26 June 2014
amending Annex III to Regulation (EC) No 1166/2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods, as regards the list of characteristics to be collected in the farm structure survey 2016
(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 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm structure surveys and the survey on agricultural production methods (1), and in particular Article 7(2) thereof,
Whereas:
(1)
Regulation (EC) No 1166/2008 provides for a programme of surveys on the structure of agricultural holdings up to 2016.
(2)
There is a need to collect data for monitoring the implementation of measures associated with the revision of the common agricultural policy after 2013. Additionally, there is a need to collect data for monitoring the implementation of measures associated with rural development (2).
(3)
There is a lack of statistical information on the use of nutrients, irrigation and agricultural production methods linked with structural data at the level of individual holdings. Therefore it is necessary to improve the collection of information on nutrient and water use and agricultural production methods on agricultural holdings; to provide additional statistics for the development of agri-environmental policy; and to improve the quality of agri-environmental indicators.
(4)
The amendment of the list of characteristics is based on the principle that the overall burden will remain balanced, as those variables which are obsolete due to changes in related legislation or variables omitted in 2016 on an one-off basis are dropped while others are added, mainly due to growing and changing needs for agricultural statistical information linked to the new common agricultural policy towards 2020, notably with regard to the enhancement of its environmental performance and the related agro-environmental information needed, considering also that the level of EU financial contribution to the survey remains constant.
(5)
Regulation (EC) No 1166/2008 should therefore be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Agricultural Statistics,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 1166/2008 is replaced by 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, 26 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 321, 1.12.2008, p. 14.
(2) 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).
ANNEX
‘ANNEX III
List of farm structure survey characteristics for 2016
CHARACTERISTICS
UNITS/CATEGORIES
I. General characteristics
–
Location of the holding (1)
– –
NUTS (2) 3 region
NUTS 3 code
– –
Is the holding in a Less Favoured Area (LFA)?
L/M/N (3)
–
Legal personality of the holding
– –
Is the holding a common land unit?
Yes/No
– –
Is the legal and economic responsibility of the holding assumed by:
– – –
a natural person who is a sole holder, where the holding is independent?
Yes/No
– – – –
If the answer to the previous question is “yes”, is this person (the holder) also the manager?
Yes/No
– – – – –
If this person is not the manager, is the manager a member of the holder's family?
Yes/No
– – – – –
If the manager is a member of the holder's family, is the manager the spouse of the holder?
Yes/No
– – –
one or more natural persons who is/are a partner, where the holding is a group holding?
Yes/No
– – –
a legal person?
Yes/No
–
Type of tenure (in relation to the holder) and farming system
– –
Utilised agricultural area:
– – –
For owner farming
ha
– – –
For tenant farming
ha
– – –
For share farming or other modes
ha
– – –
Common land
ha
–
Organic farming
– –
Is organic farming practiced on the holding?
Yes/No
– –
Details (4)
– – –
Total utilised agricultural area of the holding on which organic farming production methods are applied and certified according to national or European Union rules
ha
– – –
Total utilised agricultural area of the holding that is under conversion to organic farming production methods to be certified according to national or European Union rules
ha
– – –
Area of the holding on which organic farming production methods according to national or European Union rules are either applied and certified or under conversion to be certified:
– – – –
Cereals for the production of grain (including seed)
ha
– – – –
Dried pulses and protein crops for the production of grain (including seed and mixtures of cereals and pulses)
ha
– – – –
Potatoes (including early potatoes and seed potatoes)
ha
– – – –
Sugar beet (excluding seed)
ha
– – – –
Oil seed crops
ha
– – – –
Fresh vegetables, melons and strawberries
ha
– – – –
Pasture and meadow, excluding rough grazings
ha
– – – –
Fruit and berry plantations
ha
– – – –
Citrus plantations
ha
– – – –
Olive plantations
ha
– – – –
Vineyards
ha
– – – –
Other crops (fibre crops, etc.) including rough grazings
ha
– – –
Organic production methods applied to animal production and certified according to national or European Union rules:
– – – –
Bovine animals
Head
– – – –
Pigs
Head
– – – –
Sheep and goats
Head
– – – –
Poultry
Head
– – – –
Other animals
Yes/No
– –
Destination of the holding's production:
– – –
Household consumes more than 50 % of the value of the final production of the holding
Yes/No
– – –
Direct sale to final consumers represents more than 50 % of the total sales of the holding
Yes/No
II. Land
–
Arable land
– –
Cereals for the production of grain (including seed):
– – –
Common wheat and spelt
ha
– – –
Durum wheat
ha
– – –
Rye
ha
– – –
Barley
ha
– – –
Oats
ha
– – –
Grain maize
ha
– – –
Rice
ha
– – –
Other cereals for the production of grain
ha
– –
Dried pulses and protein crops for the production of grain (including seed and mixtures of cereals and pulses)
ha
– – –
of which peas, field beans and sweet lupins
ha
– –
Potatoes (including early potatoes and seed potatoes)
ha
– –
Sugar beet (excluding seed)
ha
– –
Fodder roots and brassicas (excluding seed)
ha
– –
Industrial crops:
– – –
Tobacco
ha
– – –
Hops
ha
– – –
Cotton
ha
– – –
Rape and turnip rape
ha
– – –
Sunflower
ha
– – –
Soya
ha
– – –
Linseed (oil flax)
ha
– – –
Other oil seed crops
ha
– – –
Flax
ha
– – –
Hemp
ha
– – –
Other fibre crops
ha
– – –
Aromatic plants, medicinal and culinary plants
ha
– – –
Other industrial crops not mentioned elsewhere
ha
– –
Fresh vegetables, melons and strawberries of which:
– – –
Outdoor or under low (not accessible) protective cover
ha
– – – –
Open field
ha
– – – –
Market gardening
ha
– – –
Under glass or other (accessible) protective cover
ha
– –
Flowers and ornamental plants (excluding nurseries):
– – –
Outdoor or under low (not accessible) protective cover
ha
– – –
Under glass or other (accessible) protective cover
ha
– –
Plants harvested green:
– – –
Temporary grass
ha
– – –
Other plants harvested green:
– – – –
Green maize
ha
– – – –
Leguminous plants
ha
– – – –
Other plants harvested green not mentioned elsewhere
ha
– –
Arable land seed and seedlings
ha
– –
Other arable land crops
ha
– –
Fallow land
ha
–
Kitchen gardens
ha
–
Permanent grassland
ha
– –
Pasture and meadow, excluding rough grazings
ha
– –
Rough grazings
ha
– –
Permanent grassland no longer used for production purposes and eligible for the payment of subsidies
ha
–
Permanent crops
– –
Fruit and berry plantations
ha
– – –
Fruit species, of which:
ha
– – – –
Fruit of temperate climate zones
ha
– – – –
Fruit of subtropical climate zones
ha
– – –
Berry species
ha
– – –
Nuts
ha
– –
Citrus plantations
ha
– –
Olive plantations
ha
– – –
Normally producing table olives
ha
– – –
Normally producing olives for oil production
ha
– –
Vineyards, of which normally producing:
ha
– – –
Quality wine
ha
– – –
Other wines
ha
– – –
Table grapes
ha
– – –
Raisins
ha
– –
Nurseries
ha
– –
Other permanent crops
ha
– –
Permanent crops under glass
ha
–
Other land
– –
Unutilised agricultural land
ha
– –
Wooded area
ha
– – –
of which short rotation coppices
ha
– –
Other land (land occupied by buildings, farmyards, tracks, ponds, quarries, infertile land, rock, etc.)
ha
–
Mushrooms
ha
–
Energy crops
ha
–
Irrigation
– –
Irrigated area
– – –
Total irrigable area
ha
– – –
Total cultivated area irrigated at least once during the previous 12 months
ha
– –
Irrigation methods employed
– – –
Surface irrigation (flooding, furrows)
Yes/No
– – –
Sprinkler irrigation
Yes/No
– – –
Drop irrigation
Yes/No
– –
Source of irrigation water used on the holding
– – –
On-farm ground water
Yes/No
– – –
On-farm surface water (ponds or dams)
Yes/No
– – –
Off-farm surface water from lakes, rivers or watercourses
Yes/No
– – –
Off-farm water from common water supply networks
Yes/No
– – –
Other sources
Yes/No
III. Livestock
–
Equidae
Head
–
Bovine animals:
– –
Bovine animals, under one year old, male and female
Head
– –
Bovine animals, one but less than two years old, male
Head
– –
Bovine animals, one but less than two years old, female
Head
– –
Male bovine animals, two years old and over
Head
– –
Heifers, two years old and over
Head
– –
Dairy cows
Head
– –
Other cows
Head
–
Sheep and goats:
– –
Sheep (all ages)
Head
– – –
Breeding females
Head
– – –
Other sheep
Head
– –
Goats (all ages)
Head
– – –
Breeding females
Head
– – –
Other goats
Head
–
Pigs:
– –
Piglets having a live weight of under 20 kilograms
Head
– –
Breeding sows weighing 50 kilograms and over
Head
– –
Other pigs
Head
–
Poultry:
– –
Broilers
Head
– –
Laying hens
Head
– –
Other poultry:
Head
– – –
Turkeys
Head
– – –
Ducks
Head
– – –
Geese
Head
– – –
Ostriches
Head
– – –
Other poultry, not mentioned elsewhere
Head
–
Rabbits, breeding females
Head
–
Bees
Hives
–
Livestock not mentioned elsewhere
Yes/No
IV. Labour force
IV.(i)
Farm work on the holding
–
Holder
– –
Gender
Male/Female
– –
Age
Age bands (5)
– –
Farm work on the holding (apart from housework)
AWU % band 1 (6)
–
Manager
– –
Gender
Male/Female
– –
Age
Age bands (5)
– –
Farm work on the holding (apart from housework)
AWU % band 2 (7)
–
Training of manager
– –
Agricultural training of manager
Training codes (8)
– –
Vocational training undertaken by the manager during the last 12 months
Yes/No
–
Members of sole holder's family carrying out farm work for the holding: male
– –
Farm work on the holding (apart from housework)
AWU % band 2
–
Members of sole holder's family carrying out farm work for the holding: female
– –
Farm work on the holding (apart from housework)
AWU % band 2
–
Non-family labour regularly employed: male
– –
Farm work on the holding (apart from housework)
AWU % band 2
–
Non-family labour regularly employed: female
– –
Farm work on the holding (apart from housework)
AWU % band 2
–
Non-family labour employed on a non-regular basis: male and female
Full-time working days
IV.(ii)
Other gainful activities: Non-farm work on the holding (not directly related to the holding) and work outside the holding
–
Other gainful activities of the holder who is also the manager:
M/S/N (9)
–
Other gainful activities of the other members of the sole holder's family: main activity
Number of persons
–
Other gainful activities of the other members of the sole holder's family: secondary activity
Number of persons
V. Other gainful activities of the holding (directly related to the holding)
V.(i)
List of other gainful activities
–
Provision of health, social or educational services
Yes/No
–
Tourism, accommodation and other leisure activities
Yes/No
–
Handicraft
Yes/No
–
Processing of farm products
Yes/No
–
Production of renewable energy
Yes/No
–
Wood processing (e.g. sawing)
Yes/No
–
Aquaculture
Yes/No
–
Contractual work (using production means of the holding)
– –
Agricultural (for other holdings)
Yes/No
– –
Non-agricultural
Yes/No
–
Forestry
Yes/No
–
Other
Yes/No
–
Who is involved?
– –
Holder who is also the manager
M/S/N (9)
– –
Other members of the sole holder's family, as their main activity
Number of persons
– –
Other members of the sole holder's family, as their secondary activity
Number of persons
– –
Non-family members regularly working on the holding, as their main activity
Number of persons
– –
Non-family members regularly working on the holding, as their secondary activity
Number of persons
V.(ii)
Importance of the other gainful activities directly related to the holding
–
Percentage of the final output of the holding
Percentage bands (10)
VI. Support for rural development
–
Holding benefited from one of the rural development measures during the last 3 years (11)
Yes/No
– –
Participation of farmers in food quality schemes
Yes/No
– –
Payments linked to Natura 2000 and the Water Framework Directive (12)
Yes/No
– –
Agri-environment payments — climate payments
Yes/No
– –
Organic farming
Yes/No
– –
Animal welfare payments
Yes/No
– –
Investments in physical assets
Yes/No
– –
Prevention and restoration of damage to agricultural production potential by natural disasters and catastrophic events
Yes/No
– –
Farm and business development
Yes/No
– –
Investments in forest area development and viability of forests
Yes/No
– –
Afforestation and creation of woodland
Yes/No
– –
Establishment of agro-forestry systems
Yes/No
– –
Prevention and restoration of damage to forests
Yes/No
– –
Investments improving resilience and environmental value of forests
Yes/No
– –
Investments in forestry technologies and in processing in mobilising and in the marketing of forestry products
Yes/No
– –
Payments to areas facing natural or other specific constraints
Yes/No
– –
Forest-environmental and climate services and forest conservation
Yes/No
– –
Risk management
Yes/No
VII. Soil and manure management practices applied in agricultural holdings
–
Tillage methods (13) on outdoor arable land
– –
Conventional tillage
ha
– –
Conservation tillage
ha
– –
Zero tillage (excluding outdoor arable land areas which are covered by multi-annual plants)
ha
–
Soil cover (14) on outdoor arable land
– –
Normal winter crop
ha
– –
Cover crop or intermediate crop
ha
– –
Plant residues
ha
– –
Bare soil
ha
– –
Outdoor arable land areas which are covered by multi-annual plants
ha
–
Crop rotation on arable land
– –
Share of arable land included in crop rotation
AA % band (15)
–
Ecological focus area –total area of field margins, buffer strips, hedges, trees, fallow land, biotopes, afforested area and landscape features
ha (16)
–
Manure application techniques
– –
Broadcast
– – –
No incorporation
Manure % band (17)
– – –
Incorporation within 4 hours
Manure % band
– – –
Incorporation after 4 hours
Manure % band
– –
Bandspread
– – –
Trailing hose
Manure % band
– – –
Trailing shoe
Manure % band
– –
Injection
– – –
Shallow/open-slot
Manure % band
– – –
Deep/closed-slot
Manure % band
–
Manure import/export from the holding
– –
The total produced manure exported from the holding
Tonnes
– –
Manure imported to the holding
Tonnes
(1) Geo-coordinates not to be provided in 2016
(2) Nomenclature of territorial units for statistics
(3) L- less-favoured non-mountainous area; M- less-favoured mountainous area; N- normal area (non-LFA) This classification may be adapted in the future in the light of developments on CAP 2020.
(4) This section to be filled in only if an answer to the previous question was “Yes”
(5) Age bands: (From school leaving age-24 years), (25-34), (35-39), (40-44), (45-54), (55-64), (65 and over).
(6) Annual Work Unit (AWU) percentage band 1: (0), ( 0- 25), (≥ 25- 50), (≥ 50- 75), (≥ 75- 100), (100).
(7) Annual Work Unit (AWU) percentage band 2: ( 0- 25), (≥ 25- 50), (≥ 50- 75), (≥ 75- 100), (100).
(8) Training codes: (only practical agricultural experience), (basic agricultural training), (full agricultural training).
(9) M — main activity, S — secondary activity, N — no involvement
(10) Percentage bands: (≥ 0-≤ 10), ( 10-≤ 50), ( 50- 100).
(11) RD measures according to 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) — these characteristics should be available from administrative sources
(12) 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).
(13) Outdoor arable area under conventional tillage + outdoor arable area under conservation tillage + outdoor arable area under zero tillage + outdoor arable area covered by multiannual plants = total outdoor area of arable land
(14) Outdoor arable area planted with normal winter crop + outdoor arable area planted with cover crop or intermediate crop + outdoor arable area covered with plant residues + outdoor arable area which is bare soil + outdoor arable area covered by multiannual plants = total outdoor area of arable land
(15) Arable area (AA) percentage band: (0), ( 0- 25), (≥ 25- 50), (≥ 50- 75), (≥ 75).
(16) Only to be reported by farms with more than 15 ha of arable land
(17) % of total manure applied with specific application technique: (0), ( 0- 25), (≥ 25- 50), (≥ 50- 75), (≥ 75- 100), (100)’ |
15.1.2014
EN
Official Journal of the European Union
L 10/1
COMMISSION IMPLEMENTING REGULATION (EU) No 27/2014
of 19 December 2013
entering a name in the register of protected designations of origin and protected geographical indications [Anglesey Sea Salt/Halen Môn (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, the United Kingdom’s application to register the name ‘Anglesey Sea Salt/Halen Môn’ 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, that name should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
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, 19 December 2013.
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 232, 10.8.2013, p. 17.
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.8 other products of Annex I to the Treaty (spices, etc.)
UNITED KINGDOM
Anglesey Sea Salt/Halen Môn (PDO) |
4.6.2014
EN
Official Journal of the European Union
L 165/3
COUNCIL DECISION
of 15 November 2013
on the signing, on behalf of the European Union and its Member States, and provisional application 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 Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union
(2014/316/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) and the second subparagraph of Article 218(8) 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,
Whereas:
(1)
On 24 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, with the Republic of Albania 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 Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).
(2)
These negotiations were successfully completed and the Protocol was approved by the Albanian authorities, through an Exchange of Letters on 1 August 2013.
(3)
The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.
(4)
The conclusion of the Protocol is subject to a separate procedure as regards matters falling under the competence of the European Atomic Energy Community.
(5)
In view of Croatia's accession to the Union on 1 July 2013, the Protocol should be applied on a provisional basis from that date,
HAS ADOPTED THIS DECISION:
Article 1
The signing 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 Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
Article 3
The Protocol shall be applied on a provisional basis, in accordance with Article 10 thereof, as from 1 July 2013, pending the completion of the procedures for its conclusion.
Done at Brussels, 15 November 2013.
For the Council
The President
R. ŠADŽIUS |
3.6.2014
EN
Official Journal of the European Union
L 164/45
COMMISSION DECISION
of 28 May 2014
establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes
(notified under document C(2014) 3429)
(Text with EEA relevance)
(2014/312/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,
After consulting the European Union Eco-labelling Board,
Whereas:
(1)
Under Regulation (EC) No 66/2010, the EU Ecolabel may be awarded to products which have a reduced environmental impact during their entire life cycle.
(2)
Regulation (EC) No 66/2010 provides that specific EU Ecolabel criteria are to be established according to product groups.
(3)
In order to better reflect the state of the art of the market for this product group and take into account the innovation of the last years, it is considered appropriate to modify the scope of the product group and establish a revised set of ecological criteria.
(4)
Commission Decision 2009/543/EC (2) and Commission Decision 2009/544/EC (3) addressed separately indoor and outdoor paints. These have been amalgamated into one criteria document in order to reduce the administrative burden for competent bodies and applicants. Moreover, the revised criteria reflect new requirements on hazardous substances that were introduced subsequent to the previous decisions by Regulation (EC) No 66/2010.
(5)
The criteria aim, in particular, at promoting products that have a lower environmental impact along their life cycle, are of high quality, have good performance and long durability, products which contain a limited amount of hazardous substances (4) and a limited amount of volatile organic compounds. Products with improved performance in relation to these aspects should be promoted via the Ecolabel. It is therefore appropriate to establish EU Ecolabel criteria for the product group ‘paints and varnishes’.
(6)
The revised criteria, as well as the related assessment and verification requirements should be valid for four years from the date of adoption of this Decision, taking into account the innovation cycle for this product group.
(7)
Decisions 2009/543/EC and 2009/544/EC should therefore be replaced by this Decision.
(8)
A transitional period should be allowed for producers whose products have been awarded the EU Ecolabel for indoor and outdoor paints and varnishes on the basis of the criteria set out in Decisions 2009/543/EC and 2009/544/EC, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements.
(9)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,
HAS ADOPTED THIS DECISION:
Article 1
1. The product group of ‘indoor and outdoor paints and varnishes’ shall comprise indoor and outdoor decorative paints and varnishes, woodstains and related products intended for use by consumers and professional users falling under the scope of Directive 2004/42/CE of the European Parliament and of the Council (5).
2. The product group of ‘indoor and outdoor paints and varnishes’ shall comprise: floor coatings and floor paints; paint products which are tinted by distributors at the request of consumer (non-professional) or professional decorators, tinting systems, decorative paints in liquid or paste formulas which may have been pre-conditioned, tinted or prepared by the manufacturer to meet consumer's needs, including wood paints, wood and decking stains, masonry coatings and metal finishes primers and undercoats of such product systems as defined in Annex I to Directive 2004/42/CE.
3. The product group shall not comprise the following products:
(a)
anti-fouling coatings;
(b)
preservation products for wood impregnation;
(c)
coatings for particular industrial and professional uses, including heavy-duty coatings;
(d)
powder coatings;
(e)
UV curable paint systems;
(f)
paints primarily intended for vehicles;
(g)
product which primary function is not to form a film over the substrate, e.g. oils and waxes;
(h)
fillers as defined by EN ISO 4618;
(i)
road-marking paints.
Article 2
For the purpose of this Decision, the following definitions shall apply:
(1)
‘Paint’ means a pigmented coating material, supplied in a liquid paste or powder form, which, when applied to a substrate, forms an opaque film having protective, decorative or specific technical properties and after application dries to a solid, adherent and protective coating;
(2)
‘Varnish’ means a clear coating material which, when applied to a substrate forms a solid transparent film having protective, decorative or specific technical properties and after application dries to a solid, adherent and protective coating;
(3)
‘Decorative paints and varnishes’ means paints and varnishes that are applied in-situ to buildings, their trim and fittings, for decorative and protective purposes;
(4)
‘Lasure’ means coatings producing a transparent or semi-transparent film for decoration and protection of wood against weathering, which enables maintenance to be carried out easily;
(5)
‘Tinting system’ means a method for preparing coloured paints by mixing a ‘base’ with coloured tints;
(6)
‘Masonry coating’ means a coating that produce a decorative and protective film for use on concrete, paintable brickwork, blockwork, rendering, calcium silicate board or fibre-reinforced cement;
(7)
‘Binding primers’ means coatings designed to stabilise loose substrate particles or impact hydrophobic properties;
(8)
‘UV curable paint system’ means the hardening of coating materials by exposure to artificial ultra-violet radiation;
(9)
‘Powder coating’ means protective or decorative coating formed by the application of a coating powder to a substrate and fusion to give a continuous film;
(10)
‘In-can preservatives’ are products used for the preservation of manufactured products during storage by the control of microbial deterioration to ensure their shelf life;
(11)
‘Dry-film preservatives’ are products used for the preservation of films or coatings by the control of microbial deterioration or algal growth in order to protect the initial properties of the surface of materials or objects;
(12)
‘Anti-skinning substances’ are additives that are added to the coating materials to prevent skinning during production or storage of the coating material;
(13)
‘Volatile organic compounds’ (VOC) means any organic compounds having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa as defined in Directive 2004/42/EC and which, in a capillary column, are eluting up to and including Tetradecane (C14H30) for non-polar systems or Diethyl adipate (C10H18O4) for polar systems;
(14)
‘Semi volatile organic compounds’ (SVOCs) means any organic compound having a boiling point of greater than 250 °C and which, in a capillary column (6) are eluting with a retention range between n-Tetradecane (C14H30) and n-Docosane (C22H46) for non-polar systems and diethyl adipate (C10H18O4) and methyl palmitate (C17H34O2) for polar systems;
(15)
‘White and light coloured’ paints are those with a tri-stimulus (Y-value) 70 %;
(16)
‘Gloss paints’ are those which at an angle of incidence of 60° show a reflectance of ≥ 60;
(17)
‘Mid sheen paints’ (also referred to as semi-gloss, satin, semi matt) are those which at an angle of incidence of 60° or at 85° show a reflectance of 60 and ≥ 10;
(18)
‘Matt paints’ are those which at an angle of incidence of 85° show a reflectance of 10;
(19)
‘Dead matt paints’ are those which at an angle of incidence of 85° show a reflectance of 5;
(20)
‘Transparent’ and ‘semi-transparent’ means a film with a contrast ratio of 98 % at 120μ wet film thickness;
(21)
‘Opaque’ means a film with a contrast ratio of 98 % at 120μ wet film thickness.
Article 3
The criteria for awarding the EU Ecolabel under Regulation (EC) No 66/2010, for a product falling within the product group ‘paints and varnishes’ defined in Article 1 of this Decision as well as the related assessment and verification requirements are set out in the Annex.
Article 4
The criteria and the related assessment requirements set out in the Annex, shall be valid for four years from the date of adoption of this Decision.
Article 5
For administrative purposes, the code number assigned to the product group ‘indoor and outdoor paints and varnishes’ shall be ‘044’.
Article 6
Decisions 2009/543/EC and 2009/544/EC are repealed.
Article 7
1. Applications for the EU Ecolabel for products falling within the product group ‘paints and varnishes’ submitted within two months from the date of adoption of this Decision may be based either on the criteria set out in Decision 2009/543/EC or 2009/544/EC, or on the criteria set out in this Decision. Applications shall be evaluated in accordance with the criteria on which they are based.
2. EU Ecolabel licences awarded in accordance with the criteria set out in Decision 2009/543/EC or 2009/544/EC may be used for 12 months from the date of adoption of this Decision.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 28 May 2014.
For the Commission
Janez POTOČNIK
Member of the Commission
(1) OJ L 27, 30.1.2010, p. 1.
(2) Commission Decision 2009/543/EC of 13 August 2008 establishing the ecological criteria for the award of the Community eco-label to outdoor paints and varnishes (OJ L 181, 14.7.2009, p. 27).
(3) Commission Decision 2009/544/EC of 13 August 2008 establishing the ecological criteria for the award of the Community eco-label to indoor paints and varnishes (OJ L 181, 14.7.2009, p. 39).
(4) Substances with hazard classifications established under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (the CLP Regulation) (OJ L 353, 31.12.2008, p. 1).
(5) Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (OJ L 143, 30.4.2004, p. 87).
(6) As specified in 8.2.2 of FprCEN/TS 16516.
ANNEX
EU ECOLABEL CRITERIA AND ASSESSMENT AND VERIFICATION REQUIREMENTS
Criteria for awarding the EU Ecolabel to paints and varnishes:
1.
White pigment and wet scrub resistance
2.
Titanium dioxide
3.
Efficiency in use
(a)
Spreading rate
(b)
Resistance to water
(c)
Adhesion
(d)
Abrasion
(e)
Weathering
(f)
Water vapour permeability
(g)
Liquid water permeability
(h)
Fungal resistance
(i)
Crack bridging
(j)
Alkali resistance
(k)
Corrosion resistance
4.
Volatile and Semi-volatile Organic Compounds (VOCs, SVOCs)
5.
Restriction of hazardous substances and mixtures
(a)
Overall restrictions that apply to hazard classifications and risk phrases
(b)
Restrictions that apply to Substances of Very High Concern
(c)
Restrictions that apply to specific hazardous substances
6.
Consumer information
7.
Information appearing on the EU Ecolabel
The Ecolabel criteria reflect the best environmental performing products on the market of paints and varnishes. High quality and performance standards of the paint are required to ensure the longevity of the product and contribute that way to the significant reduction of the paints' overall life cycle impacts. Moreover, the criteria aim at minimizing the use of volatile and semi-volatile organic substances in the paint formulation.
Whilst the use of chemical products and release of pollutants is part of the production process, a product that bears the EU Ecolabel guarantees the consumer that the use of such substances has been limited to the extent technically possible without prejudice to its fitness for use. Moreover, the final paint or varnish product may not be classified as being an acute toxin or hazardous to the environment under European legislation on the labelling of products.
The criteria exclude whenever possible or restrict to a minimum the concentration (required for providing specific functions and properties) of a number of substances identified as hazardous to human health and the environment that may be used in the formulation of paints and varnishes. Only where a substance is required to meet consumer performance expectations or mandated requirements for the product (for instance paint preservation), and where there are no applied and tested available alternatives, derogation for such a substance to be used in the Ecolabel is granted.
Derogations are evaluated on the basis of the precautionary principle and scientific and technical evidence, especially if safer products are available on the market.
Testing of the final product for the presence of restricted hazardous substances may be requested in order to provide a high level of assurance to consumers.
Where appropriate, strict conditions are also imposed on the handling of substances in manufacturing processes for paints and varnishes to avoid workforce exposure. The verification of compliance with the criteria is formulated in a way that provides a high level of assurance to consumers, reflects the practical potential for applicants to obtain information from the supply chain and excludes the potential for ‘free riding’ by applicants.
Assessment and verification
(a)
Requirements
The specific assessment and verification requirements are indicated within each criterion.
Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant and/or his supplier(s) and/or their supplier(s), as appropriate.
In the case of changes such as in supplier, the paint formulation or an extension of a product range that results in a change in how the paint or varnish complies with one or more criteria (as relevant) then the licenseholder shall, in advance of any change, submit information to the relevant Competent Body demonstrating the products ongoing compliance as specified in the relevant criteria.
Where appropriate, test methods other than those indicated for each criterion may be used if these are described in the user manual of the Ecolabel criteria application and the competent body assessing the application accepts their equivalence.
Competent bodies shall preferentially recognise tests which are accredited according to ISO 17025 and verifications performed by bodies which are accredited under the EN 45011 standard or an equivalent international standard.
Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
(b)
Measurement thresholds
Unless otherwise indicated compliance with the Ecolabel criteria is required for intentionally added substances and mixtures, as well as for by-products and impurities from raw materials, the concentration of which equals or exceeds 0,010 % by weight of final formulation.
(c)
The exact formulation of the product, including the function and the physical form of all ingredients identified within the criteria, as well as any additional functional ingredients, and their ingoing concentration shall be provided to the competent body. The chemical name, CAS number and CLP classification according to Regulation (EC) No 1272/2008 shall be provided for each ingredient. All ingredients identified within the criteria, as well as any additional functional ingredients and known impurities, that are present at concentrations in the product of greater than 0,010 % shall be reported unless a lower concentration is required in order to comply with a derogation requirement.
Where ingredients are referred to in the criteria, this includes substances and preparations or mixtures. The definitions of ‘substances’ and ‘mixtures’ are given in Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1) (‘the REACH Regulation’.
Safety data sheets and/or CAS numbers and CLP classifications for each ingredient shall be submitted to the competent body in accordance with the REACH Regulation.
(d)
For all criteria, apart from Criterion 4 Volatile and Semi-volatile Organic Compounds (VOCs, SVOCs), the limits shall apply to the paint or varnish in its packaging. In line with Directive 2004/42/EC the VOC limits relate to the ready to use product and so the maximum VOC content shall be measured or calculated including any recommended additions such as colorants and/or thinners. For this calculation or measurement, data supplied by the raw material suppliers regarding solids content, VOC content and product density will be required. The above is also applicable in the measurement or calculation of SVOCs. Competent bodies may request testing for SVOC's in order to validate calculations.
Criterion 1. White pigment and Wet Scrub Resistance
1(a) Minimum requirement for white pigment content
Indoor wall and ceiling paints for which Class 1 and 2 wet scrub resistance claims are made shall have a white pigment content (white inorganic pigments with a refractive index higher than 1,8) per m2 of dry film equal to or lower than that described in Table 1, with 98 % opacity. For tinting systems this requirement only applies to the base paint.
Table 1
Relationship between wet scrub resistance and TiO2 content for indoor paints
Wet scrub resistance
Indoor limit (g/m2)
Class 1
Class 2
For all other paints, including limed paints, silicate paints, primers, anti-rust paints and facade paints, the white pigment content (white inorganic pigments with a refractive index higher than 1,8) shall not exceed 36 g/m2 for indoor products and 38 g/m2 for outdoor products. In the case of paints for both indoor and outdoor use the more stringent limit shall apply.
In case the above mentioned products fall under the exemption indicated in part (b) then the white pigment content (white inorganic pigments with a refractive index higher than 1,8) shall not exceed 25 g/m2 of dry film, with 98 % opacity.
1(b) Minimum requirement for Wet Scrub Resistance (for indoor paints only)
All indoor wall and ceiling paints (finishes) shall achieve class 1 or class 2 in wet scrub resistance (WSR) according to EN 13300 and EN ISO 11998. This requirement only applies to tinting bases (base paints).
Exempted from this requirement are indoor wall and ceiling paints with a white pigment content (white inorganic pigments with a refractive index higher than 1,8) that is equal or lower to 25 g/m2of dry film, with 98 % opacity.
Only WSR class 1 and 2 ecolabelled paints may claim wet scrub resistance on the label or other marketing documentation.
Assessment and verification: the requirements of both 1(a) and 1(b) shall be fulfilled. the applicant shall provide documentation showing that the content of white pigments is compliant with this criterion.
The applicant shall provide a test report according to EN 13300 using the method EN ISO 11998 (Test for cleanability and scrub resistance). For ceiling paints and indoor wall paints the labelling for the packaging, including the accompanying text, shall be provided as evidence regarding claims of wet scrub resistance.
Criterion 2. Titanium Dioxide pigment
If the product contains more than 3,0 % w/w of titanium dioxide, the emissions and discharges of wastes from the production of any titanium dioxide pigment used shall not exceed the following (2):
For the sulphate process:
—
SOx calculated as SO2 : 7,0 kg/tonne TiO2 pigment
—
Sulphate waste: 500 kg/tonne TiO2 pigment
For the chloride process:
—
If natural rutile ore is used, 103 kg chloride waste/tonne TiO2 pigment
—
If synthetic rutile ore is used: 179 kg chloride waste/tonne TiO2 pigment
—
If slag ore is used: 329 kg chloride waste/tonne TiO2 pigment
If more than one type of ore is used, the values will apply in proportion to the quantity of the individual ore types used.
Note:
SOx emissions only apply to the sulphate process.
The Waste Framework Directive 2008/98/EC of the European Parliament and of the Council (3), Article 3 shall be used for the definition of waste. If the TiO2 producer can satisfy Article 5 (by-product production) of the Waste Framework Directive for its solid wastes then, the wastes shall be exempted.
Assessment and verification: the applicant shall submit supporting documentation showing compliance by the titanium dioxide producer manufacturing the raw material for the paint product either in the form of a declaration of non-use or a declaration supported by data indicating that the respective levels of process emissions and waste discharges of wastes are met.
Criterion 3. Efficiency in use
In order to demonstrate the efficiency in use of paints and varnishes the following tests per type of paint and/or varnish, as indicated in Table 2, shall be undertaken:
Table 2
Performance requirements for different kind of paints and varnishes
Criteria
Paints and Varnishes (with their subcategories identified according to the Directive 2004/42/EC)
Indoor paint
(a, b)
Outdoor paint
(c)
Trim and cladding
(d)
Thick decorative coating indoor and outdoor
(l)
Varnish and woodstain
(e, f)
One pack performance and floor covering paint
(i)
Primer
(g)
Undercoat and primer
(h)
3(a)
Spreading rate (only for white and light coloured paints, including the white base paints used in tinting systems)) — ISO 6504/1
8 m2/L
4 m2/L (elastomeric paint)
6 m2/L (masonry paint)
Outdoor products 6 m2/L
Indoor products 8 m2/L
1 m2/L
—
Outdoor products 6 m2/L
Indoor products 8 m2/L
6 m2/L (without opacity)
8 m2/L (with opacity)
6 m2/L (without opacity)
8 m2/L (with opacity)
3(b)
Resistance to water — ISO 2812-3
—
—
—
—
Resistant to water
Resistant to water
—
—
3(c)
Adhesion — EN 24624
—
—
—
—
Score 2
1,5 MPa (masonry paint)
1,5 MPa (masonry paint)
3(d)
Abrasion — EN ISO 7784-2
—
—
—
—
—
70 mg weight loss
—
—
3(e)
Weathering — EN 11507/EN 927-6
—
1 000 h
1 000 h (outdoor)
1 000 h (outdoor)
1 000 h (outdoor)
1 000 h (outdoor)
—
—
3(f)
Water vapour permeability (4) — EN ISO 7783
—
Class II or better
—
Class II or better (outdoor)
—
—
—
—
3(g)
Liquid water permeability (4)
—
Where claims are made Class III
—
Class II or better (outdoor)
—
—
—
—
— EN 1062-3
All other products Class II or better
3(h)
Fungal resistance (4) — EN 15457
—
Class 1 or lower (masonry or wood paints)
Class 0 (outdoor wood products)
Class 1 or lower (outdoor)
—
—
—
—
3(h)
Algal resistance — EN 15458 (4)
—
Class 1 or lower (masonry or wood paints)
Class 0 (outdoor wood products)
Class 1 or lower (outdoor)
—
—
—
—
3(i)
Crack bridging (4) — EN 1062-7
—
A1 (elastomeric paint only)
—
—
—
—
—
—
3(j)
Alkali resistance — ISO 2812-4
—
Masonry paint
—
—
—
—
Outdoor for masonry
Outdoor for masonry
3(k)
Corrosion resistance (4)
—
Anti-rust paint
Anti-rust paint
—
—
Anti-rust paint
Anti-rust paint
Anti-rust paint
EN ISO 12944-2 and 12944-6, ISO 9227, ISO 4628-2 and 4628-3
Blistering: ≥ size 3/density 3
Rusting: ≥ Ri2
Blistering: ≥ size 3/density 3
Rusting: ≥ Ri2
Blistering: ≥ size 3/density 3
Rusting: ≥ Ri2
Blistering: ≥ size 3/density 3
Rusting: ≥ Ri2
Blistering: ≥ size 3/density 3
Rusting: ≥ Ri2
3(a) Spreading rate
Spreading rate requirement shall apply to white and light coloured paint products. For paints that are available in more colours the spreading rate shall apply to the lightest colour.
White paints and light-coloured paints (including finishes and intermediates) shall have a spreading rate (at a hiding power of 98 %) of at least 8 m2 per litre of product for indoor paints and 6 m2 for outdoor paints. Products marketed for both — indoor and outdoor shall have a spreading rate (at a hiding power of 98 %) of at least 8 m2 per litre.
For tinting systems, this criterion applies only to the white base (the base containing the most TiO2). In cases where the white base is unable to achieve this requirement, the criterion shall be met after tinting the white base to produce the standard colour RAL 9010.
For paints that are a part of a tinting system, the applicant must advise the end-user on the product packaging and POS which shade or primer/undercoat (if possible bearing the Community Eco-label) should be used as a basecoat before applying the darker shade.
Transparent and semi-transparent primers and undercoats shall have a spreading rate of at least 6 m2 and those with opacity at least 8 m2. Opaque primers with specific blocking/sealing, penetrating/binding properties and primers with special adhesion properties shall have a spreading rate of at least 6 m2 per litre of product.
Thick decorative coatings (paints that are specially designed to give a three-dimensional decorative effect and are therefore characterised by a very thick coat) shall alternatively have a spreading rate of 1 m2 per kg of product.
Opaque elastomeric paints shall have a spreading rate of at least 4 m2 per litre of product.
This requirement does not apply to varnishes, lasures, transparent adhesion primers or any other transparent coatings.
Assessment and verification: the applicant shall provide a test report using the method ISO 6504/1 (Paints and varnishes — determination of hiding power — Part 1: Kubelka-Munk method for white and light-coloured paints) or 6504/3 (Part 3: determination of contrast ratio (opacity) of light-coloured paints at a fixed spreading rate), or for paints specially designed to give a three-dimensional decorative effect and characterised by a very thick coat the method NF T 30 073. For bases used to produce tinted products not evaluated according to the abovementioned requirements, the applicant shall produce evidence of how the end-user will be advised to use a primer and/or grey (or other relevant shade) of undercoat before application of the product.
3(b) Resistance to water
All varnishes, floor coatings and floor paints shall have resistance to water, as determined by ISO 2812-3 such that after 24 hours' exposure and 16 hours' recovery no change of gloss or of colour occurs.
Assessment and verification: the applicant shall provide a test report using the method ISO 2812-3.
3(c) Adhesion
Pigmented masonry primers for exterior uses shall score a pass in the EN 24624 (ISO 4624) pull-off test where the cohesive strength of the substrate is less than the adhesive strength of the paint, otherwise the adhesion of the paint must be in excess of a pass value of 1,5 MPa.
Floor coatings, floor paints, floor undercoats, interior masonry primers, metal and wood undercoats shall score 2 or less in the EN 2409 test for adhesion.
Transparent primers are not included in this requirement.
The applicant shall evaluate the primer and/or finish alone or both applied together. When testing the finish alone this shall be considered the worst case scenario concerning adhesion.
Assessment and verification: the applicant shall provide a test report using the method EN ISO 2409 or EN 24624 (ISO 4624) as applicable.
3(d) Abrasion
Floor coatings and floor paints shall have an abrasion resistance not exceeding 70 mg weight loss after 1000 test cycles with a 1000 g load and a CS10 wheel according to EN ISO 7784-2.
Assessment and verification: the applicant shall provide a test report showing compliance with this criterion using the method EN ISO 7784-2.
3(e) Weathering (for outdoor paints and varnishes)
Masonry finish paints and wood and metal finishes including varnishes shall be exposed to artificial weathering in apparatus including fluorescent UV lamps and condensation or water spray according to ISO 11507. They shall be exposed to test conditions for 1000 hours. Test conditions are: UVA 4 h/60 °C + humidity 4 h/50 °C.
Alternatively, outdoor wood finishes and wood varnishes shall be exposed to weathering for 1000 hours in the QUV accelerated weathering apparatus with cyclic exposure with UV(A) radiation and spraying according to EN 927-6.
According to ISO 7724 3, the colour change of samples exposed to weathering shall not be greater than ΔΕ * = 4. It is not applicable to varnishes and bases.
Decrease of gloss for gloss paints and varnishes exposed to weathering shall not be greater than 30 % of its initial value and shall be measured using ISO 2813. This requirement is not applicable to mid sheen and matt-finishes (5)which have an initial gloss value less than 60 % at 60o angle of incidence.
Chalking shall be tested using method EN ISO 4628-6 on masonry finish coats and wood and metal finishes (where applicable) after the samples have been exposed to weathering. Coatings shall achieve a score of 1,5 or better (0,5 or 1,0) in this test. In the standard there are illustrated references.
The following parameters shall also be evaluated on masonry finish coats and wood and metal finishes after the samples have been exposed to weathering:
Flaking according to ISO 4628-5; flake density 2 or less, flake size 2 or less
Cracking according to ISO 4628-4; crack quantity 2 or less, crack size 3 or less
Blistering according to ISO 4628-2; blister density 3 or less, blister size 3 or less.
Tests should be performed on the tinting base.
Assessment and verification: the applicant shall provide test reports using either ISO 11507 according to the specified parameters or EN 927-6, or both. The applicant shall provide test reports using EN ISO 4628-2, 4, 5, 6 and a test report in conformance ISO 7724-3 where applicable.
3(f) Water vapour permeability
Where claims are made that exterior masonry and concrete paints are breathable the paint shall be classified according to EN1062-1 as class II (medium vapour permeability) or better according to the test method EN ISO 7783.
Due to the large number of potential tinting colours, this criterion will be restricted to testing of the base paint.
Assessment and verification: the applicant shall provide a test report using methodology EN ISO 7783 and classification according EN1062-1.
3(g) Liquid water permeability
Where claims are made that exterior masonry and concrete paints are water repellent or elastomeric, the coating shall be classified according to EN1062-1 as class III (low liquid permeability) according to method EN 1062-3.
Due to the large number of potential tinting colours, this criterion will be restricted to the testing of the base paint.
All other masonry paints shall be classified according to EN1062-1 as class II (medium liquid permeability) or better according to the test method EN 1062-3.
Assessment and verification: the applicant shall provide a test report using methodology EN 1062-3 and classification according EN1062-1.
3(h) Fungal and algal resistance
Where claims are made that exterior masonry finish and wood paints have anti-fungal and algal properties, and in accordance with PT7 of the Biocide Regulation (EU) No 528/2012 of the European Parliament and of the Council (6), the following requirements shall be determined using EN 15457 and EN 15458.
Masonry paints shall have a score of class 1 or lower (1 or 0) for fungal resistance, (i.e. less than 10 % fungal coverage) and a score of class 1 or lower for algal resistance.
Wood paints shall have a score of 0 for fungal resistance and 0 for algal resistance.
Due to the large number of possible tinting colours, this criterion will be restricted to the testing of the base paint.
Assessment and verification: the applicant shall provide a test report using the methodology in EN 15457 and EN 15458.
3(i) Crack bridging
Where claims are made that masonry (or concrete) paint has elastomeric properties, the paint shall be at least classified as A1 at 23 °C according to EN 1062.
Due to the large number of potential tinting colours, this criterion will be restricted to the testing of the base paint.
Assessment and verification: the applicant shall provide a test report using methodology DIN EN 1062-7.
3(j) Alkali resistance
Masonry paints and primers shall show no noticeable damage when the coating is spotted for 24 hours with 10 % NaOH solution according to method ISO 2812-4. The evaluation is done after 24 hours drying-recovery.
Assessment and verification: the applicant shall provide a test report using methodology ISO 2812-4.
3(k) Corrosion resistance
Simulated corrosion stresses shall be applied to a substrate for the purpose of rating according to the appropriate atmospheric corrosivity category or categories in EN ISO 12944-2 and the accompanying test procedures specified in EN ISO 12944-6. Anti-rust paints for steel substrates shall be tested after 240 h salt spray following ISO 9227. The results shall be rated using ISO 4628-2 for blistering and ISO 4628-3 for rusting. The paint shall achieve result not worse than size 3 and density 3 in blistering and not worse than Ri2 in rusting test.
Assessment and verification: the applicant shall provide testing and rating reports to confirm compliance with this criterion.
Criterion 4. Content of Volatile and Semi-volatile Organic Compounds (VOCs, SVOCs)
The maximum content of Volatile Organic Compounds (VOCs) and Semi-Volatile Organic Compounds (SVOCs) shall not exceed the limits given in Table 3.
The content of VOCs and SVOCs shall be determined for the ready to use product and shall include any recommended additions prior to application such as colourants and/or thinners.
Products with a VOC content that is in accordance with the limits in Table 3 may display the text ‘reduced VOC content’ and the VOC content in g/l next to the Ecolabel.
Table 3
VOC and SVOC content limits
Product description (with subcategory denotation according to Directive 2004/42/EC)
VOC limits
(g/l including water)
SVOC limits
(g/l including water)
a.
Interior matt walls and ceilings (Gloss 25@60°)
30 (7)/40 (8)
b.
Interior glossy walls and ceilings (Gloss 25@60°)
30 (7)/40 (8)
c.
Exterior walls of mineral substrate
d.
Interior/Exterior trim and cladding paints for wood and metal
50 (7)/60 (8)
e.
Interior trim varnishes and woodstains, including opaque woodstains
e.
Exterior trim varnishes and woodstains, including opaque woodstains
f.
Interior and Exterior minimal build woodstains
30 (7)/40 (8)
g.
Primers
30 (7)/40 (8)
h.
Binding primers
30 (7)/40 (8)
i.
One-pack performance coatings
50 (7)/60 (8)
j.
Two-pack reactive performance coatings for specific end use such as floors
50 (7)/60 (8)
l.
Decorative effect coatings
50 (7)/60 (8)
Anti-rust paints
The VOC content shall be determined either by calculation based on the ingredients and raw materials or by using the methods given in ISO 11890-2 or, alternatively for products with a VOC content of less than 1.0 g/l, the methods given in ISO 17895. The SVOC content shall be determined using the method given in ISO 11890-2. The markers given in Table 4 shall be used as the basis for delimiting the Gas Chromatography results for SVOC's. In the case of products used both indoors and outdoors the strictest SVOC limit value for indoor paints shall prevail.
Table 4
Marker compounds to be used in the determination of SVOC content
Polar systems
(water-borne coating products)
Non-polar systems
(solvent-borne coating products)
SVOC
Diethyl adipate (C10H18O4) to methylpalmitate (C17H34O2)
n-Tetradecane (C14H30) to n-Docosan (C22H46)
Assessment and verification: the applicant shall provide for the VOC content of the ready to use product either a test report using the methods given in ISO 11890-2 or ISO 17895 that demonstrates compliance or a declaration of compliance supported by calculations based on the paint ingredients and raw materials.
The applicant shall provide for the SVOC content of the ready to use product either a test report using the method given in ISO 11890-2 or a declaration of compliance supported by calculations based on the paint ingredients and raw materials. The test should be carried out with reference to the markers specified in Table 4 and the Criteria User Manual. At the request of a Competent Body applicants may be required to validate calculations using the specified test method.
Criterion 5. Restriction of hazardous substances and mixtures
The final product shall not contain hazardous substances and mixtures in accordance with the rules set out in the following sub-criteria which apply to:
—
Hazard classifications and risk phrases
—
Substances of Very High Concern
—
Specific other listed substances
Applicants are required to evidence that the final product formulation complies with the overall assessment and verification requirements together with any additional requirements contained within the Appendix.
5(a) Overall restrictions to hazard classifications and risk phrases
The final product formulation, including all intentionally added ingredients present at a concentration of greater than 0,010 %, shall not, unless expressly derogated in the Appendix, contain substances or mixtures classified as toxic, hazardous to the environment, respiratory or skin sensitisers, or carcinogenic, mutagenic or toxic for reproduction in accordance with Regulation (EC) No 1272/2008 or Council Directive 67/548/EC (9) and as interpreted according to the hazard statements and risk phrases listed in Table 5 of this criteria.
Table 5
Restricted hazard classifications and their categorisation
Acute toxicity
Category 1 and 2
Category 3
H300 Fatal if swallowed (R28)
H301 Toxic if swallowed (R25)
H310 Fatal in contact with skin (R27)
H311 Toxic in contact with skin (R24)
H330 Fatal if inhaled (R23/26)
H331 Toxic if inhaled (R23)
H304 May be fatal if swallowed and enters airways (R65)
EUH070 Toxic by eye contact (R39/41)
Specific target organ toxicity
Category 1
Category 2
H370 Causes damage to organs (R39/23, R39/24, R39/25, R39/26, R39/27, R39/28)
H371 May cause damage to organs (R68/20, R68/21, R68/22)
H372 Causes damage to organs (R48/25, R48/24, R48/23)
H373 May cause damage to organs (R48/20, R48/21, R48/22)
Respiratory and skin sensitisation
Category 1A
Category 1B
H317: May cause allergic skin reaction (R43)
H317: May cause allergic skin reaction (R43)
H334: May cause allergy or asthma symptoms or breathing difficulties if inhaled (R42)
H334: May cause allergy or asthma symptoms or breathing difficulties if inhaled (R42)
Carcinogenic, mutagenic or toxic for reproduction
Category 1A and 1B
Category 2
H340 May cause genetic defects (R46)
H341 Suspected of causing genetic defects (R68)
H350 May cause cancer (R45)
H351 Suspected of causing cancer (R40)
H350i May cause cancer by inhalation (R49)
H360F May damage fertility (R60)
H361f Suspected of damaging fertility (R62)
H360D May damage the unborn child (R61)
H361d Suspected of damaging the unborn child (R63)
H360FD May damage fertility. May damage the unborn child (R60, R60/61)
H361fd Suspected of damaging fertility. Suspected of damaging the unborn child (R62/63)
H360Fd May damage fertility. Suspected of damaging the unborn child (R60/63)
H362 May cause harm to breast fed children (R64)
H360Df May damage the unborn child. Suspected of damaging fertility (R61/62)
Hazardous to the aquatic environment
Category 1 and 2
Category 3 and 4
H400 Very toxic to aquatic life (R50)
H412 Harmful to aquatic life with long-lasting effects (R52/53)
H410 Very toxic to aquatic life with long-lasting effects (R50/53)
H413 May cause long-lasting effects to aquatic life (R53)
H411 Toxic to aquatic life with long-lasting effects (R51/53)
Hazardous to the ozone layer
EUH059 Hazardous to the ozone layer (R59)
The most recent classification rules adopted by the Union shall take precedence over the listed hazard classifications and risk phrases. In accordance with Article 15 of Regulation (EC) No 1272/2008 applicants shall therefore ensure that classifications are based on the most recent rules on the classification, labelling and packaging of substances and mixtures.
Applicants are required to calculate the hazard classification of the final paint product in order to demonstrate compliance. This shall be in accordance with the methodologies for the classification of mixtures contained in Regulation (EC) No 1272/2008 and all amending legislation. Equivalence between mixture classifications according to the Dangerous Substances Directive 67/548/EEC (referred to as DSD) and those made according to Regulation (EC) No 1272/2008 (the CLP Regulation) can be found in Table 6.
The final product shall not be classified and labelled as being acutely toxic, a specific target organ toxicant, a respiratory or skin sensitiser, or carcinogenic, mutagenic or toxic for reproduction hazardous to the environment, in accordance with Regulation (EC) No 1272/2008 or Directive 67/548/EEC.
Table 6
Final product classification: CLP versus DSD equivalence
CLP Mixture classification
DSD equivalent
Acutely toxic
T or T+
Specific target organ toxicant
T, T+ or Xn
A respiratory or skin sensitiser
—
A carcinogen, mutagen or reproductive toxicant
Carcinogen, Mutagen or Reproductive toxicant categories 1-3
Hazardous to the environment
N (excluding R53 and R52/53)
5(a)(i) Derogations applying to substance groups
For the purpose of this product group, derogations have been granted for defined groups of substances that may be contained within the final product. These derogations stipulate the hazard classifications that are derogated for each specific substance group and the associated derogation conditions and concentration limits that apply. The derogations are set out in the Appendix and apply to the following substance groups:
1.
Preservatives added to colourants, binders and the final product
(a)
In-can preservatives
(b)
Tinting machine preservatives
(c)
Dry film preservatives
(d)
Preservative stabilisers
2.
Drying and anti-skinning agents
(a)
Drying agents
(b)
Anti-skinning agents
3.
Corrosion inhibitors
(a)
Corrosion inhibitors
(b)
Verdigris prevention
4.
Surfactants
(a)
General purpose surfactants
(b)
Alkylphenolethoxylates (APEOs)
(c)
Perfluorinated surfactants
5.
Miscellaneous functional substances with general application
(a)
Silicon resin emulsion in white paints, colourant and tinting bases
(b)
Metals and their compounds
(c)
Mineral raw materials including fillers
(d)
Neutralising agents
(e)
Optical brighteners
(f)
Pigments
6.
Miscellaneous functional substances with specialist applications
(a)
UV protectors and stabilisers
(b)
Plasticisers
7.
Residual substances that may be present in the final product
(a)
Formaldehyde
(b)
Solvents
(c)
Unreacted monomers
(d)
Volatile Aromatic Compounds and halogenated compounds
5(a)(ii) Derogation conditions applying to production sites
Additional conditions relating to production of paints and varnishes shall apply in the case of derogations for acute toxins or specific target organ toxins. In this case applicants shall submit evidence that they have met the following requirements:
—
Substances to which an acute toxic or specific target organ toxins classification applies shall demonstrate compliance with relevant European indicative Occupational Exposure Limit Values (OELV's) or Member State OELV's for the substance(s), with the strictest applying;
—
Where there is no reference OELV then the applicant shall demonstrate how health and safety procedures for the handling of the ingoing substance(s) at production sites for the final ecolabelled paint product minimise exposure;
—
Substances to which a classification applies as an aerosol or vapour shall demonstrate that workers are not exposed in this form;
—
Substances to which the classification applies to in their dry form shall demonstrate that workers cannot come into contact with the substance in this form during manufacturing.
Assessment and verification: the applicant shall demonstrate compliance with this criterion by providing a declaration of the classification and/or non-classification for:
—
The final paint or varnish product based on the methodologies for the classification of mixtures contained in Regulation (EC) No 1272/2008 and all amending legislation
—
Paint or varnish formula ingredients that fall within the groups of substances listed in 5(a)(i) and that are present at concentrations of more than 0,010 %
This declaration shall be based on information collected according to the requirements in the Appendix.
Active ingredients to which specific concentration limits may apply under Regulation (EC) No 1272/2008 and which may fall below the cut-off value of 0,010 % shall also be identified.
The following technical information shall be provided to support the declaration of the classification or non-classification of ingredients:
(i)
For substances that have not been registered under the REACH Regulation or which do not yet have a harmonised CLP classification: Information meeting the requirements listed in Annex VII to the REACH Regulation;
(ii)
For substances that have been registered under the REACH Regulation and which do not meet the requirements for CLP classification: Information based on the REACH registration dossier confirming the non-classified status of the substance;
(iii)
For substances that have a harmonised classification or are self-classified: safety data sheets where available. If these are not available or the substance is self-classified then information shall be provided relevant to the substances hazard classification according to Annex II to the REACH Regulation;
(iv)
In the case of mixtures: Safety data sheets where available. If these are not available then calculation of the mixture classification shall be provided according to the rules under Regulation (EC) No 1272/2008 together with information relevant to the mixtures hazard classification according to Annex II to the REACH Regulation;
Substances and mixtures shall be characterised in accordance with sections 10, 11 and 12 of Annex II to the REACH Regulation (Requirements for the Compilation of Safety Data Sheets). This shall include information on the physical form and state of the ingredients and shall include identification of manufactured nanomaterial ingredients for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm.
The applicant shall also identify substances and mixtures used in the paint formulation which fall under the specific requirements for derogation as set out in the Appendix. For each derogated substance or mixture supporting information shall be provided showing how the derogation requirements have been met.
5(b) Restrictions that apply to Substances of Very High Concern
In accordance with Article 6(7) of Regulation (EC) No 66/2010 the final product and any ingredients or raw materials, shall not, unless specifically derogated, contain substances that:
—
Meet the criteria in Article 57 of the REACH Regulation;
—
Have been identified according to the procedure described in Article 59(1) of the REACH Regulation which establishes the Candidate List for Substances of Very High Concern.
No derogation shall be given concerning substances that meet one or both of these conditions, and which are present in a paint or varnish product at concentrations higher than 0.10 % (weight by weight).
Assessment and verification: the applicant shall provide a declaration of compliance with this criterion, supported by declarations of compliance signed by their suppliers. Applicants shall demonstrate that they have carried out a screening of ingoing substances against the current Candidate List for Substances of Very High Concern and the criteria in Article 57 of the REACH Regulation.
5(c) Restrictions that apply to specific hazardous substances
The final product shall not contain the hazardous substances that are specifically identified in the Appendix at or above the specified concentration limits. The restrictions on substances in the Appendix apply to the following paint and varnish ingredients and residues:
(i)
Dry film preservatives
(ii)
Tinting machine preservatives
(iii)
In-can preservatives
(iv)
Preservative stabilisers
(v)
Alkylphenolethoxylates (APEOs) surfactants
(vi)
Perfluorinated surfactants
(vii)
Metals and their compounds
(viii)
Pigments
(ix)
Plasticisers
(x)
Free formaldehyde
Assessment and verification: verification and testing requirements are as specified in the Appendix for each substance and as relevant to specific forms of paint and varnish.
Criterion 6. Consumer information
6(a)
The following texts shall appear on or be attached to the packaging:
—
‘Minimise paint wastage by estimating how much paint you will need’
—
‘Recover unused paint for re-use’.
—
‘Reuse of paint can effectively minimise the products' life cycle environmental impact’
6(b)
The following general information and advice shall be provided on or be attached to the packaging:
—
How to estimate the amount of paint needed prior to purchase in order to minimise paint wastage and a recommended amount as a guideline (e.g. for 1 m2 of wall x litres of paint is needed).
—
How to deal with the ‘unused paint’ together with, where available, a web-link or contact details from which the consumer can find more detailed information.
6(c)
The following advice and recommendations on how to handle the paint shall be provided on or be attached to the packaging:
—
Safety measures for the user. This shall include basic recommendation on personal protective equipment that should be worn. It shall also include additional measures that should be taken when using spray equipment.
—
The use of cleaning equipment and appropriate waste management (in order to limit water and soil pollution). For example, text advising that unused paint requires specialist handling for safe environmental disposal and therefore it should not be thrown away with household or commercial waste (e.g. ‘Do not put residual paint down the kitchen sink or toilet, or into a waste bin’).
—
Storage of the paint in appropriate conditions (before and after opening), including, where appropriate, safety advice.
Assessment and verification: the applicant shall declare that the product complies with the requirement and provide the competent body with the artwork or samples of the user information and/or a link to a manufacturer's website containing this information as part of the application. The recommended amount of paint given as a guideline shall be provided.
Criterion 7. Information appearing on the EU Ecolabel
The optional label with text box shall contain, where relevant, the following texts:
—
Minimised content of hazardous substances
—
Reduced content of volatile organic compounds (VOCs): x g/l
—
Good performance for indoor use (where indoor criteria have been met) or
—
Good performance for outdoor use (where outdoor criteria have been met) or
—
Good performance for both indoor and outdoor use (where both indoor and outdoor criteria have been met)
The guidelines for the use of the optional label with text box can be found in the ‘Guidelines for use of the Ecolabel logo’ on the website:
http://ec.europa.eu/environment/ecolabel/documents/logo_guidelines.pdf
Assessment and verification: the applicant shall provide a sample of the product label or an artwork of the packaging where the EU Ecolabel is placed, together with a declaration of compliance with this criterion.
(1) 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 (OJ L 396, 30.12.2006, p. 1).
(2) As derived from the Reference Document on Best Available Technology for the Manufacture of Large Volume Inorganic Chemicals (BREF), August 2007.
(3) 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).
(4) Only required where marketing claims are made about the paints
(5) EN ISO 2813.
(6) 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 (OJ L 167, 27/06/2012, p. 1).
(7) Indoor white paints and varnishes
(8) Indoor tinted paints/outdoor paints and varnishes
(9) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1).
Appendix
HAZARDOUS SUBSTANCE RESTRICTION AND DEROGATION LIST
Substance group
Scope of restriction and/or derogation
Concentration limits (where applicable)
Assessment and verification
1. Preservatives added to colourants, binders and the final product
(i)
Rules relating to biocide authorisation status
The paint formulation shall only contain preservatives that meet the requirements of 1a, 1b and 1c (as applicable), which are authorised under Directive 98/8/EC of the European Parliament and of the Council (1) and Regulation (EU) No 528/2012 and for which a risk assessment for professional and/or consumer (non-professional) use is provided in the Assessment Report. Applicants should consult the most current authorisation list.
Preservatives for which a dossier has been submitted for evaluation pending a decision on authorisation or non-inclusion may be used in the interim period up until the adoption of the Decision.
(ii)
Permitted sum totals of in-can and dry film preservatives in the ready to use product
In-can and dry film preservatives may be used in indoor and outdoor products according to the sum total concentrations detailed in the following table.
Sum total preservatives permitted in paint and varnish products
Preservation type
Indoor products
Outdoor products
In-can preservatives
0,060 %
0,060 %
Dry film preservatives
Not permitted
0,30 %
Derogated exceptions:
(i)
Paints for use in high humidity areas
0,10 %
n/a
(ii)
IPBC combinations for outdoor protection
n/a
0,65 %
Sum total preservatives
0,060 %
0,360 %
With derogated exceptions (i) or (ii) for dry film preservation
0,160 %
0,710 %
(iii)
Permitted sum totals of isothiazolinone substances and compounds in the ready to use product
The sum total of isothiazolinone compounds in any paint or varnish product shall not exceed 0,050 % (500 ppm) with the exception of outdoor wood paints and varnishes which shall not exceed 0,20 %. The following preservatives are derogated for use subject to specific limits on their contribution to the sum total of isothiazolinone compounds in the final ready to use product.
2-methyl-2H-isothiazol-3one: 0,0200 %
1,2-Benzisothiazol-2(2H)-one: 0,0500 %
2-Octyl-2H-Isothiazol-3-one: 0,0500 % with the exception of outdoor wood paints and varnishes in which it may be used at higher concentrations
5-chloro-2-methyl-4-isothiazolin-3-one/2- methyl-4-isothiazolin-3-one: 0,0015 %
(a)
In-can preservatives
Applicability:
All products unless specified otherwise
In-can preservatives classified with the following derogated hazard classifications may be used in ecolabelled products:
Derogated classifications: H331 (R23), H400 (R50), H410 (R50/53), H411 (R51/53), H412 (R52/53), H317 (R43)
In-can preservatives classified with these derogated classifications must also meet the following derogation conditions:
—
The sum total concentration shall not exceed 0,060 % w/w
—
Substances classified with H400 (R50) and/or H410 (R50/53) shall be non-bioaccumulative. Non-bioaccumulative substances shall have a Log Kow ≤ 3,2 or a Bioconcentration Factor (BCF) ≤ 100.
—
Evidence shall be provided that Authorisation conditions under Directive 98/8/EC and Regulation (EU) No 528/2012 are respected for the product.
—
Where preservatives that are formaldehyde donors are used then formaldehyde content and emissions from the final product must meet the requirements in substance restriction 7(a)
Specific concentration limits applies to the following preservatives:
(i)
Zinc pyrithione
(ii)
N-(3-aminopropyl)-N-dodecylpropane-1, 3-diamine
In-can preservatives
Sum total in the final product: 0,060 % w/w
Concentration limit
0,050 %
0,050 %
Verification:
Declaration by the applicant and their binder supplier supported by CAS numbers and classifications for the active ingredients in the final product and its binder.
This shall include calculation by the applicant of the concentration of the active ingredient in the final product.
In line with the requirements of the Biocide Regulation (EU) No 528/2012 Article 58(3) all manufactured active ingredients for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm shall be identified.
(b)
Tinting (colourant) machine preservatives
The derogated hazard classifications and the derogation conditions listed under 1(a) shall apply also to preservatives used to protect colour tints whilst stored in machines prior to mixing with base paints.
Preservatives added to protect tints that will be dispensed from machines shall not exceed a sum total of 0,20 % w/w.
The following preservatives are subject to specific maximum concentration limits contributing to the sum total of preservatives in the colourant:
Sum total preservatives in the colourant:
0,20 % w/w
Verification:
Declaration by the applicant and/or their tint supplier supported by CAS numbers and classifications for the active ingredients in the final product and its binder.
This shall include calculation of the concentration of the active ingredient in the final tint product.
In line with the requirements of the Biocide Regulation (EU) No 528/2012 Article 58(3) all manufactured active ingredients for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm. shall be identified.
(i)
3-iodo-2-propynyl butylcarbamate (IPBC)
0,10 %
(ii)
Zinc pyrithione
0,050 %
(iii)
N-(3-aminopropyl)-N-dodecylpropane-1, 3-diamine
0,050 %
(c)
Dry film preservatives
Applicability:
Outdoor paints, indoor paints for specific applications
Dry film preservatives and their stabilisers classified with the following derogated hazard classifications may be used in all outdoor products and only specific indoor products:
Derogated classifications: H400 (R50), H410 (R50/53), H411 (R51/53), H412 (R52/53), H317 (R43)
Dry film preservatives classified with these derogated classifications must also meet the following derogation conditions:
—
The sum total concentration shall not exceed 0,10 % w/w or 0,30 % w/w (as relevant)
—
Substances classified with H400 (R50) and/or H410 (R50/53) shall be non-bioaccumulative. Non-bioaccumulative substances shall have a Log Kow ≤ 3,2 or a Bioconcentration Factor (BCF) ≤ 100.
—
Evidence shall be provided that the conditions set out in the Authorisation conditions for preservatives under the Biocide Directive 98/8/EC and the Biocide Regulation (EU) No 528/2012 are being respected.
A higher sum total applies to the following dry film preservatives for the specified applications only:
3-iodo-2-propynyl butylcarbamate (IPBC) combinations
Outdoor paints and varnishes
Specific concentration limits applies to the following preservatives:
Zinc pyrithione
Dry film preservatives
Sum total in the final product:
Indoor paints intended for use in areas with high humidity, including kitchens and bathrooms
0,10 % w/w
All outdoor paint applications
0,30 % w/w
Outdoor paints sum total for IPBC combinations:
0,650 %
0,050 %
Verification:
Declaration by the applicant and their binder supplier supported by CAS numbers and classifications for the active ingredients in the final product and its binder.
This shall include calculation by the applicant of the concentration of the active ingredient in the final product.
In line with the requirements of the Biocide Regulation (EU) No 528/2012 Article 58(3) all manufactured active ingredients for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm. shall be identified.
(d)
Preservative stabiliser
Zinc oxide is derogated for use as a stabiliser for dry film preservative combinations that require zinc pyrithione or 1,2 Benzisothiazol-3(2H)-one (BIT).
0,050 %
Verification:
Declaration by the applicant and their raw material suppliers.
2. Drying and anti-skinning agents
(a)
Driers
Applicability:
All paints products unless specified otherwise.
Derogated classifications: H301 (R24), H317 (R43), H373 (H48/20-22), H412 (R52/53), H413 (R53)
Cobalt driers in alkyd paints, which are additionally classified with H400 (R50) and H410, are derogated for white and light coloured paints only up to the following concentration limit:
Sum total drier content
0,10 % w/w
Cobalt drier content limit
0,050 %
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(b)
Anti-skinning agents
Applicability:
All paints products
Derogated classifications: H412 (R52/53), H413 (R53), H317 (R43)
0,40 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
3. Corrosion inhibitors
(a)
Anti- corrosion pigments
Applicability:
Where required
Derogated classifications: H410 (R50/53), H411 (R51/53), H412 (R52/53), H413 (R53)
Concentration limits that shall apply:
(i)
Paints Directive 2004/42/EC classes d, i, j
8,0 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by SDS.
(ii)
All other products
2,0 % w/w
(b)
Verdigris prevention
Applicability:
Where required
Derogated classifications: H412 (R52/53), H413 (R53)
0,50 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
4. Surfactants
(a)
General purpose surfactants
Applicability:
Surfactants used in all products.
Derogated classifications: H411 (R51/53), H412 (R52/53), H413 (R53)
The following sum total values apply to the ready to use final product:
—
White and light coloured products
—
All other colours
The derogation applies to the surfactant formulation supplied to the paint manufacturer. Specific restrictions apply to Alkylphenolethoxylates (APEOs) and Perfluorinated surfactants.
Sum total surfactants in the ready to use product:
1,0 % w/w
3,0 % w/w
Verification:
Declaration shall be provided by the applicant, raw material suppliers and/or their surfactant supplier supported by CAS No's and classifications for the surfactants used.
(b)
Alkylphenolethoxylates (APEOs)
Applicability:
Surfactants used in all products.
Alkylphenolethoxylates (APEOs) and their derivatives shall not be used in any paint or varnish preparations or formulations.
n/a
Verification:
A declaration of non-use shall be provided by the applicant and their raw material suppliers supported by CAS No's and classifications for the surfactants used.
(c)
Perfluorinated surfactants
Applicability:
Surfactants used in specific products.
Long chain perfluorinated surfactants, as specified in the OECD definition below, shall not be used:
(i)
Perfluorocarboxylic acids with carbon chain lengths ≥ C8, including perfluorooctanoic acid (PFOA);
(ii)
Perfluoroalkyl sulfonates with carbon chain lengths ≥ C6, including perfluorohexane sulfonic acid (PFHxS) and perfluorooctane sulfonate (PFOS); and
(iii)
Related compounds that may degrade to the substances identified in (i) or (ii) shall not be present in the surfactant or as a residue in the paint or varnish product.
Perfluorinated surfactants that do not meet (i),(ii) or (iii) may only be used in paint that is required to be resistant or repellent to water (see efficiency of use criteria 3(b) and 3(g) respectively) and to have a spreading rate of greater than 8 m2/l (see efficiency of use criteria 3(a).
n/a
Verification:
A declaration of non-use shall be provided by the applicant and their raw material suppliers supported by CAS numbers and identification of chain length for the surfactants used.
5. Miscellaneous functional substances with general application
(a)
Silicon resin emulsion in white paints, colourant and tinting bases
Applicability:
All paints products
Derogated classifications: H412 (R52/53), H413 (R53)
2,0 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(b)
Metals and their compounds
Applicability:
All products
The following metals or their compounds shall not be present in the product or the ingredients used in the product above the specified cut-off limit:
Cadmium, lead, chromium VI, mercury, arsenic, barium, selenium, antimony and cobalt.
The following derogations apply:
—
Barium, antimony and cobalt in pigments (see restriction 5(f))
—
Cobalt in driers (see restriction 2(a))
0,010 % cut-off per listed metal
Verification:
Declaration by the applicant and their raw material suppliers.
(c)
Mineral raw materials including fillers
Applicability:
All paints products
Mineral raw materials including crystalline silica and leucophyllite minerals containing crystalline silica are derogated for H373 (R48/20).
Mineral raw materials containing metals referred to in restriction 5(b) may be used if laboratory testing shows that the metal is bonded within a crystal lattice and is insoluble (see test method applicable).
The following fillers are derogated on this basis:
Nepheline syenite, containing barium
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
Applicants wishing to use binders containing restricted metals shall submit test reports carried out in accordance with the listed standard.
Test method:
DIN 53770-1 or equivalent
(d)
Neutralising agents
Applicability:
All paints products unless specified
Derogated classifications: H311 (R24), H331 (R23), H400 (R50), H410 (R50/53), H411 (R51/53), H412 (R52/53), H413 (R53)
The following concentration limits shall apply:
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
—
Varnishes and floor paints
1,0 % w/w
—
All other products
0,50 % w/w
(e)
Optical brighteners
Applicability:
All paints products
Derogated classifications: H413 (R53)
0,10 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(f)
Pigments
Applicability:
All products
Pigments containing metals shall only be used where laboratory testing of the pigment shows that the metal chromophore is bonded within a crystal lattice and is insoluble.
The following metal containing pigments are derogated for use without the need for testing:
—
Barium sulphate
—
Antimony nickel within an insoluble TiO2 lattice
—
Cobalt aluminate blue spinel
—
Cobalt chromite blue-green spinel
n/a
Verification:
Test results demonstrating that the pigment chromophore is bonded within a crystal lattice and is insoluble.
Test method:
DIN 53770-1 or equivalent
6. Miscellaneous functional substances with specialist applications
(a)
UV protectors and stabilising agents for outdoor paints
Applicability:
Outdoor paints
Derogated classifications: H317 (R43), H411 (R51/53), H412 (R52/53), H413 (R53),
0,60 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(b)
Plasticisers in paint and varnish.
Applicability:
Where included in the formulation
The following phthalates shall not be intentionally added as plasticisers:
DEHP (Bis-(2-ethylhexyl)-phthalate)
BBP (Butylbenzylphthalate)
DBP (Dibutylphthalate)
DMEP (Bis2-methoxyethyl) phthalate
DIBP (Diisobutylphthalate)
DIHP (Di-C6-8-branched alkyphthalates)
DHNUP (Di-C7-11-branched alkylphthalates)
DHP (Di-n-hexylphthalate)
Concentration limit for any individual phthalate:
0,010 %
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
7. Residual substances that may be present in the final product
(a)
Formaldehyde
Applicability:
All products.
Free formaldehyde shall not be intentionally added to the final product. The final product shall be tested in order to determine its free formaldehyde content. The sampling requirements for testing shall reflect the product range.
The following sum total limit value shall apply:
Verification:
The free formaldehyde content shall be determined for the white base or transparent tinting base predicted to contain the highest theoretical amount of formaldehyde. The content of the colour tint which is predicted to contain the highest theoretical amount of formaldehyde shall also be determined.
Test method:
0,0010 % limit value:
Determination of the in-can concentration using the Merckoquant method. If the outcome is not definitive according to this method then high-performance liquid chromatography (HPLC) shall be used to confirm the in-can concentration.
0,010 % limit value:
(1)
All paints: Determination of the in-can formaldehyde concentration by means of analysis using VdL-RL 03 or high-performance liquid chromatography (HPLC).
and
(2)
Indoor paints and varnishes: Determination by means of analysis according to ISO 16000-3. Emissions must not exceed 0,25 ppm upon first application and they must be less than 0,05 ppm after 24 hours from the first application.
The following derogations are made from this requirement:
(i)
Where preservatives that are formaldehyde donors are required as an in-can preservative to protect a specific type of paint or varnish and where the formaldehyde donor is used in the place of isothiazolinone preservatives.
0,0010 %
(ii)
Where polymer dispersions (binders) provide, through residual levels of formaldehyde, the function of formaldehyde donors instead of in-can preservatives.
In these cases the sum total shall not exceed the following limit value:
0,010 %
(b)
Solvents
Applicability:
All products.
Derogated classifications: H304 (R65)
2,0 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(c)
Unreacted monomers
Applicability:
Polymer binder systems
Unreacted monomers present from binders including acrylic acid may be present in the final product up to a sum total limit.
0,050 % w/w
Verification:
Declaration shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(d)
Volatile Aromatic Hydrocarbons and halogenated solvents
Applicability:
All products.
Volatile Aromatic Hydrocarbons and halogenated solvents shall not be present in the final product.
residual limit value of 0,01 %
Verification:
A declaration of non-use shall be provided by the applicant and their raw material suppliers supported by CAS numbers and classifications.
(1) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1). |
18.1.2014
EN
Official Journal of the European Union
L 14/11
COMMISSION IMPLEMENTING REGULATION (EU) No 41/2014
of 17 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, 17 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
69,6
IL
182,0
MA
64,3
TN
99,0
TR
95,0
ZZ
102,0
0707 00 05
MA
124,7
TR
160,3
ZZ
142,5
0709 91 00
EG
82,2
ZZ
82,2
0709 93 10
MA
63,0
TR
108,5
ZZ
85,8
0805 10 20
EG
46,8
MA
59,6
TR
59,2
ZA
52,9
ZZ
54,6
0805 20 10
IL
167,2
MA
70,3
ZZ
118,8
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
CL
63,3
IL
139,7
JM
62,4
KR
142,4
MA
83,3
TR
74,3
ZZ
94,2
0805 50 10
EG
67,3
TR
73,6
ZZ
70,5
0808 10 80
CN
65,1
MK
32,8
US
134,8
ZZ
77,6
0808 30 90
CN
65,3
TR
144,6
US
176,0
ZZ
128,6
(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’. |
4.6.2014
EN
Official Journal of the European Union
L 165/56
COMMISSION IMPLEMENTING DECISION
of 3 June 2014
on recognition of the ‘KZR INiG System’ for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council
(2014/325/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 (1), and in particular Article 18(6) thereof,
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 (2), and in particular Article 7c(6) thereof,
After consulting the Committee on the Sustainability of Biofuels and Bioliquids,
Whereas:
(1)
Directives 98/70/EC and 2009/28/EC lay down sustainability criteria for biofuels. Articles 7b and 7c and Annex IV to Directive 98/70/EC are similar to Articles 17 and 18 and Annex V to Directive 2009/28/EC.
(2)
Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC Member States should require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.
(3)
When an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State should not require the supplier to provide further evidence of compliance with the sustainability criteria.
(4)
The request to recognise that the ‘KZR INiG System’ demonstrates that consignments of biofuel comply with the sustainability criteria set out in Directive 98/70/EC and Directive 2009/28/EC was first submitted to the Commission on 17 July 2012. The scheme version that was accepted was submitted on 17 December 2013. The scheme covers raw materials cultivated and harvested in the EU as well as wastes and residues from the EU. The scheme covers the entire supply chain from raw material production to the distribution of biofuels. The recognised scheme should be made available at the transparency platform established under Directive 2009/28/EC.
(5)
Assessment of the ‘KZR INiG System’ found it to cover adequately the sustainability criteria of Directive 98/70/EC and of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.
(6)
The evaluation of the ‘KZR INiG System’ found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex IV to Directive 98/70/EC and Annex V to Directive 2009/28/EC.
(7)
The ‘KZR INiG System’ was assessed against legislation in force at the time of the adoption of this Commission Implementing Decision. In the case of relevant changes in the legal basis the Commission will assess the scheme with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels and Bioliquids,
HAS ADOPTED THIS DECISION:
Article 1
The ‘KZR INiG System’ (hereinafter ‘the scheme’), submitted for recognition to the Commission on 17 December 2013, demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3), (4) and (5) of Directive 2009/28/EC and Article 7b(3), (4) and (5) of Directive 98/70/EC.
The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
The scheme may be used for demonstrating compliance with Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.
Article 2
If the scheme, after adoption of this Decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.
If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if severe and structural breach of those elements has taken place, the Commission may repeal this Decision.
Article 3
This Decision is valid for a period of five years.
Article 4
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, 3 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 140, 5.6.2009, p. 16.
(2) OJ L 350, 28.12.1998, p. 58. |
14.11.2014
EN
Official Journal of the European Union
L 329/20
COMMISSION IMPLEMENTING REGULATION (EU) No 1218/2014
of 13 November 2014
amending Annexes I and II to Regulation (EU) No 206/2010 as regards animal health requirements for Trichinella in the model of veterinary certificate for imports into the Union of domestic porcine animals intended for breeding, production or slaughter, and of fresh meat thereof
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (1), and in particular Article 13(1)(e) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular Article 9(2)(b) and Article 9(4) thereof,
Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), and in particular Article 7(2)(a) thereof,
Whereas:
(1)
Commission Regulation (EU) No 206/2010 (4) lays down, inter alia, the veterinary certification requirements for the introduction into the Union of certain consignments of live animals or fresh meat. It provides that consignments of ungulates are to be introduced into the Union only, if they comply with certain requirements and they are accompanied by the appropriate veterinary certificate, drawn up in accordance with the relevant model set out in that Regulation.
(2)
The model veterinary certificates for imports into the Union of domestic porcine animals for breeding and/or production, and for immediate slaughter are set out in Annex I to Regulation (EU) No 206/2010 as respectively models ‘POR-X’ and ‘POR-Y’. Those models do not include guarantees for Trichinella.
(3)
The model veterinary certificate for imports into the Union of fresh meat of domestic porcine animals is set out in Annex II to Regulation (EU) No 206/2010 as model ‘POR’. That model includes guarantees for Trichinella.
(4)
Commission Regulation (EC) No 2075/2005 (5) lays down rules for the sampling of carcases of species susceptible to Trichinella infection and for the determination of the status of holdings keeping domestic swine.
(5)
Commission Regulation (EU) No 216/2014 (6) amending Regulation (EC) No 2075/2005 grants derogation from testing provisions at slaughter to holdings which are officially recognised as applying controlled housing conditions. In addition, Commission Implementing Regulation (EU) No 1114/2014 (7) lays down that a holding where domestic swine are kept, can only be recognised as applying controlled housing conditions if, inter alia, the food business operator introduces new domestic swine onto this holding only if they originate in and come from other holdings also officially recognised as applying controlled housing conditions.
(6)
The model veterinary certificates ‘POR-X’ and ‘POR-Y’ set out in Annex I and the model certificate ‘POR’ set out in Annex II to Regulation (EU) No 206/2010 should be amended to reflect the requirements relating to imports of domestic porcine animals and fresh meat thereof laid down in Regulation (EC) No 2075/2005, as amended by Regulation (EU) No 216/2014. In particular, information on the official recognition of the holding of provenance of domestic swine should be respectively included or amended in the model certificates in order to enable Member States to apply the appropriate Trichinella testing regime at slaughter, not to jeopardize the status of the holding of destination of domestic swine for breeding and/or production and to ensure the safety of the fresh meat.
(7)
An official veterinarian should include supplementary guarantees and specific conditions in relation to controlled housing conditions as regards Trichinella in the model veterinary certificates ‘POR-X’, ‘POR-Y’ and ‘POR’.
(8)
Regulation (EU) No 206/2010 should therefore be amended accordingly.
(9)
To avoid any disruption of imports into the Union of consignments of domestic porcine animals and of fresh meat thereof, the use of certificates issued in accordance with Regulation (EU) No 206/2010 in their versions prior to the amendments being introduced by this Regulation should be authorised during a transitional period subject to certain conditions.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 206/2010 is amended as follows:
(1)
the following entry is added to Specific Conditions in Part 1 of Annex I:
‘“XI”
:
holdings or compartments recognised as applying controlled housing conditions in accordance with Article 8 of Regulation (EC) No 2075/2005.’
;
(2)
the model veterinary certificate ‘POR-X’ in Part 2 of Annex I, is amended as follows:
(a)
the following point II.1.3 is inserted after point II.1.2:
‘(2) (10) [II.1.3.
are domestic porcine animals either coming from a holding officially recognised as applying controlled housing conditions in accordance with Article 8 of Regulation (EC) No 2075/2005 or are not weaned and less than 5 weeks of age.]’
;
(b)
the following footnote is added after footnote (9):
‘(10)
Only for third countries with the entry “XI” in column 6 “Specific conditions” in Part 1 of Annex I to Regulation (EU) No 206/2010.’
;
(3)
the model veterinary certificate ‘POR-Y’ in Part 2 of Annex I, is amended as follows:
(a)
the following point II.1.3 is inserted after point II.1.2:
‘(2) (5) [II.1.3.
are domestic porcine animals either coming from a holding officially recognised as applying controlled housing conditions in accordance with Article 8 of Regulation (EC) No 2075/2005 or are not weaned and less than 5 weeks of age.]’
;
(b)
the following footnote is added after footnote (4):
‘(5)
Only for third countries with the entry “XI” in column 6 “Specific conditions” in Part 1 of Annex I to Regulation (EU) No 206/2010.’
;
(4)
the following entry ‘K’ is added to SG (Supplementary guarantees) in Part 2 of Annex II:
‘“K”
:
holdings or compartments recognised as applying controlled housing conditions in accordance with Article 8 of Regulation (EC) No 2075/2005.’
;
(5)
the model veterinary certificate ‘POR’ in Part 2 of Annex II is amended as follows:
(a)
point II.1.3 is replaced by the following:
‘II.1.3.
the meat fulfils the requirements of Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat, and in particular:
(1) either
[has been subjected to an examination by a digestion method with negative results;]
(1) or
[has been subjected to a freezing treatment in accordance with Annex II to Regulation (EC) No 2075/2005;]
(1)(7) or
[is derived from domestic porcine animals either coming from a holding officially recognised as applying controlled housing conditions in accordance with Article 8 of Regulation (EC) No 2075/2005 or not weaned and less than 5 weeks of age.]’
;
(b)
the following footnote is added after footnote (6):
‘(7)
Only for third countries with the entry “K” in column “SG” in Part 1 of Annex II to Regulation (EU) No 206/2010.’
.
Article 2
For a transitional period until 31 March 2015, consignments of live animals and fresh meat accompanied by the appropriate veterinary certificates issued no later than 1 March 2015 in accordance with the model veterinary certificates ‘POR-X’ and ‘POR-Y’ set out in Annex I to Regulation (EU) No 206/2010 and the model veterinary certificate ‘POR’ set out in Annex II to that Regulation in their versions before the entry into force of this Regulation, may continue to be introduced into the Union.
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, 13 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 139, 30.4.2004, p. 321.
(2) OJ L 18, 23.1.2003, p. 11.
(3) OJ L 139, 30.4.2004, p. 55.
(4) Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).
(5) Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (OJ L 338, 22.12.2005, p. 60).
(6) Commission Regulation (EU) No 216/2014 of 7 March 2014 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls of Trichinella in meat (OJ L 69, 8.3.2014, p. 85).
(7) Commission Implementing Regulation (EU) No 1114/2014 of 21 October 2014 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls of Trichinella in meat (OJ L 302, 22.10.2014, p. 46). |
16.10.2014
EN
Official Journal of the European Union
L 298/10
COMMISSION IMPLEMENTING REGULATION (EU) No 1085/2014
of 15 October 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, 15 October 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
64,0
MA
122,4
MK
60,9
ZZ
82,4
0707 00 05
TR
158,2
ZZ
158,2
0709 93 10
TR
142,8
ZZ
142,8
0805 50 10
AR
95,1
BR
84,6
CL
109,5
TR
111,7
UY
97,0
ZA
101,1
ZZ
99,8
0806 10 10
BR
191,0
MK
34,4
TR
143,7
ZZ
123,0
0808 10 80
BA
49,5
BR
53,2
CL
89,4
NZ
134,3
US
192,1
ZA
119,7
ZZ
106,4
0808 30 90
CN
75,7
TR
116,3
ZA
80,2
ZZ
90,7
(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’. |
21.6.2014
EN
Official Journal of the European Union
L 182/27
COMMISSION REGULATION (EU) No 686/2014
of 20 June 2014
amending Regulations (EC) No 983/2009 and (EU) No 384/2010 as regards the conditions of use of certain health claims related to the lowering effect of plant sterols and plant stanols on blood LDL-cholesterol
(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 17(3) thereof,
Whereas:
(1)
Regulation (EC) No 1924/2006 provides that applications for authorisations of health claims are to be sent to the national competent authority of the respective Member State. The national competent authority is to forward those applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’. The Authority is to give an opinion on the health claim and to forward it to the Commission who is to decide on the authorisation of the health claim taking into account the opinion delivered by the Authority.
(2)
Pursuant to Article 16(4) of Regulation (EC) No 1924/2006, an opinion of the Authority in favour of authorising a health claim may include specific conditions of use of the claim.
(3)
The authorisation of health claims may be amended following a request by the applicant or user according to Article 19(1) of Regulation (EC) No 1924/2006 or following an opinion of the Authority issued on its own initiative or following a request from a Member State or from the Commission according to Article 19(2) of Regulation (EC) No 1924/2006.
(4)
Following the opinion of the Authority, based on a request of the Commission and a similar request from France, regarding the possibility to indicate a quantitative effect in health claims related to the lowering effects of plant sterols/plant stanol esters on blood LDL-cholesterol (Question No EFSA-Q-2009-00530 and Q-2009-00718) (2), the Commission amended, by Regulation (EU) No 376/2010 (3), the conditions of use of two health claims related to the lowering effects of plant sterols and plant stanol esters on blood cholesterol, as laid down in Commission Regulation (EC) No 983/2009 (4), by indicating a quantitative effect. Moreover, based on the same opinion of the Authority, the Commission authorised, by Regulation (EU) No 384/2010 (5), a health claim related to the lowering effects of plant sterols/plant stanol esters on blood LDL-cholesterol, establishing conditions of use related to the indication of a quantitative effect.
(5)
Following an application from Raisio Nutrition Ltd, submitted pursuant to Article 14(1)(a) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the lowering effects of plant stanols as plant stanol esters on blood LDL-cholesterol concentrations (Question No EFSA-Q-2011-00851) (6). The claim proposed by the applicant was worded as follows: ‘The daily consumption of 3 g plant stanols in ester form has been shown to reduce blood cholesterol by 12 %. High cholesterol is a risk factor in the development of coronary heart disease’. The applicant further requested that the minimum duration to obtain the effect be stated to be one to two weeks, and that an authorisation be given for claims for an extended range of foods, including yellow fat spreads, dairy products, cheese, rye bread, oatmeal, fermented soy milk based products (drinkable and spoonable yoghurt-type products), and oat-based milk drinks.
(6)
On the basis of the data presented, the Authority concluded in its opinion, received by the Commission and the Member States on 16 May 2012, that plant stanol esters at a daily intake of 3 g (range 2,7-3,3 g) lower blood LDL-cholesterol by 11,4 % (95 % Confidence Interval (CI): 9,8-13,0), and that the minimum duration required to achieve the maximum effect of plant stanol esters on blood LDL-cholesterol lowering is two to three weeks. Moreover, the Authority concluded that while plant stanol esters added to foods such as margarine-type spreads, mayonnaise, salad dressings and to dairy products such as milk, yoghurts including low-fat yoghurts, and cheese have been shown consistently to lower blood LDL-cholesterol levels, the extent of the cholesterol-lowering effect of plant stanols added to other food formats is less well established.
(7)
Unilever PLC and Unilever NV submitted an application pursuant to Article 19 of Regulation (EC) No 1924/2006, for the modification of the conditions of use of the health claims related to the lowering effects of plant sterols and plant stanols on blood LDL-cholesterol (Question No EFSA-Q-2011-01241) (7). The modification concerns the magnitude of the lowering effect on blood LDL-cholesterol (7-12 %) for a daily intake of plant sterols and plant stanols between 1,5 and 3 g. The applicant further requested that the minimum duration to obtain the effect be stated to be one to two weeks.
(8)
On the basis of the data presented, the Authority concluded in its opinion, received by the Commission and the Member States on 16 May 2012, that plant sterols and plant stanol esters at a daily intake of 3 g (range 2,6-3,4 g) lower blood LDL-cholesterol by 11,3 % (95 % Confidence Interval (CI): 10,0-12,5), and that the minimum duration required to achieve the maximum effect of plant sterols and plant stanols on LDL-cholesterol is two to three weeks. The Authority also noted in its assessment that plant sterols and plant stanols at daily intakes ranging from 1,5 to 3 g have a similar efficacy on lowering blood LDL-cholesterol.
(9)
The conditions of use of the authorised health claims on plant sterols, plant stanol esters and plant sterols/plant stanol esters, as laid down in Regulations (EC) No 983/2009 and (EU) No 384/2010, provide that reference to the magnitude of the cholesterol-lowering effect of those substances may be made for foods falling within certain categories. According to those conditions, when reference is made to the magnitude of the cholesterol-lowering effect, consumers are to be informed that plant sterols and/or plant stanol esters at daily intakes ranging from 1,5 to 2,4 g lower blood LDL-cholesterol by 7 % to 10 % within two to three weeks. Since new evidence has shown that an additional effect is achieved with higher intakes of those substances of up to 3 g per day, it is necessary to amend those conditions of use as regards the consumer information on the magnitude of the effect and the required daily intake, taking into account the scientific opinions of the Authority.
(10)
In order to ensure that the claims authorised by Regulations (EC) No 983/2009 and (EU) No 384/2010 do not confuse or mislead the consumer, the conditions of use concerning consumer information on the magnitude of the cholesterol-lowering effect should be set in a coherent way. Since plant sterols and plant stanols at daily intakes ranging from 1,5 to 3 g have a similar efficacy, it is appropriate to indicate the same magnitude of the effect for plant sterols, plant stanol esters and plant sterols/plant stanol esters. Commission Regulation (EC) No 608/2004 (8) provides that the consumption of more than 3 g of plant sterols and plant stanols should be avoided. It is therefore appropriate to only provide ranges of intakes up to 3 g in the conditions of use.
(11)
Regulations (EC) No 983/2009 and (EU) No 384/2010 should therefore be amended accordingly.
(12)
The comments from the applicants and the members of the public received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation.
(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
Amendments to Regulation (EC) No 983/2009
Annex I to Regulation (EC) No 983/2009 is amended as follows:
(1)
the first entry (concerning the health claim: ‘Plant sterols have been shown to lower/reduce blood cholesterol. High cholesterol is a risk factor in the development of coronary heart disease’), is amended as follows:
(a)
the text in the fifth column (conditions of use of the claim) is replaced by the following:
‘Information to the consumer that the beneficial effect is obtained with a daily intake of 1,5-3 g plant sterols. Reference to the magnitude of the effect may only be made for foods within the following categories: yellow fat spreads, dairy products, mayonnaise and salad dressings. When referring to the magnitude of the effect, the range “7 % to 10 %” for foods that provide a daily intake of 1,5-2,4 g plant sterols or the range “10 % to 12,5 %” for foods that provide a daily intake of 2,5-3 g plant sterols and the duration to obtain the effect “in 2 to 3 weeks” must be communicated to the consumer.’;
(b)
the text in the seventh column (EFSA opinion reference) is replaced by the following:
‘Q-2008-085
Q-2009-00530 and Q-2009-00718
Q-2011-01241’;
(2)
the second entry (concerning the health claim: ‘Plant stanol esters have been shown to lower/reduce blood cholesterol. High cholesterol is a risk factor in the development of coronary heart disease’) is amended as follows:
(a)
the text in the fifth column (conditions of use of the claim), is replaced by the following:
‘Information to the consumer that the beneficial effect is obtained with a daily intake of 1,5-3 g plant stanols. Reference to the magnitude of the effect may only be made for foods within the following categories: yellow fat spreads, dairy products, mayonnaise and salad dressings. When referring to the magnitude of the effect, the range “7 % to 10 %” for foods that provide a daily intake of 1,5-2,4 g plant stanols or the range “10 %-12,5 %” for foods that provide a daily intake of 2,5-3 g plant stanols and the duration to obtain the effect “in 2 to 3 weeks” must be communicated to the consumer.’;
(b)
the text in the seventh column (EFSA opinion reference) is replaced by the following:
‘Q-2008-118
Q-2009-00530 and Q-2009-00718
Q-2011-00851
Q-2011-01241.’
Article 2
Amendments to Regulation (EU) No 384/2010
The first entry of Annex I to Regulation (EU) No 384/2010 (concerning the health claim: ‘Plant sterols and plant stanol esters have been shown to lower/reduce blood cholesterol. High cholesterol is a risk factor in the development of coronary heart disease’) is amended as follows:
(a)
the text in the fifth column (conditions of use of the claim) is replaced by the following:
‘Information to the consumer that the beneficial effect is obtained with a daily intake of 1,5-3 g plant sterols/stanols. Reference to the magnitude of the effect may only be made for foods within the following categories: yellow fat spreads, dairy products, mayonnaise and salad dressings. When referring to the magnitude of the effect, the range “7 % to 10 %” for foods that provide a daily intake of 1,5-2,4 g plant sterols/stanols or the range “10 % to 12,5 %” for foods that provide a daily intake of 2,5-3 g plant sterols/stanols and the duration to obtain the effect “in 2 to 3 weeks” must be communicated to the consumer.’;
(b)
the text in the seventh column (EFSA opinion reference) is replaced by the following:
‘Q-2008-779
Q-2009-00530 and Q-2009-00718
Q-2011-01241.’
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 all Member States.
Done at Brussels, 20 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 404, 30.12.2006, p. 9.
(2) EFSA Journal 2009; 1175, 1-9.
(3) Commission Regulation (EU) No 376/2010 of 3 May 2010 amending Regulation (EC) No 983/2009 on the authorisation and refusal of authorisation of certain health claims made on food and referring to the reduction of disease risk and to children's development and health (OJ L 111, 4.5.2010, p. 3).
(4) Commission Regulation (EC) No 983/2009 of 21 October 2009 on the authorisation and refusal of authorisation of certain health claims made on food and referring to the reduction of disease risk and to children's development and health (OJ L 277, 22.10.2009, p. 3).
(5) Commission Regulation (EU) No 384/2010 of 5 May 2010 on the authorisation and refusal of authorisation of certain health claims made on foods and referring to the reduction of disease risk and to children's development and health (OJ L 113, 6.5.2010, p. 6).
(6) EFSA Journal 2012; 10(5):2692.
(7) EFSA Journal 2012; 10(5):2693.
(8) Commission Regulation (EC) No 608/2004 of 31 March 2004 concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phystostanol esters (OJ L 97, 1.4.2004, p. 44). |
7.6.2014
EN
Official Journal of the European Union
L 168/62
COMMISSION DELEGATED REGULATION (EU) No 612/2014
of 11 March 2014
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council by amending Commission Regulation (EC) No 555/2008 as regards new measures under the national support programmes in the wine sector
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (b), (c), (e), (f) and (h) of Article 53 thereof,
Whereas:
(1)
Regulation (EU) No 1308/2013 has repealed and replaced Council Regulation (EC) No 1234/2007 (2) and contains, in Section 4 of Chapter II of Part II of Title I, rules on national support programmes in the wine sector. While most of the rules laid down in that Section ensure the continuation of the rules applicable to the national support programmes in the wine sector under Regulation (EC) No 1234/2007, certain new rules were also laid down. Those new rules introduce three new elements, namely the promotion of wine in Member States as a parallel sub-measure to the existing promotion on wine on third country markets, a measure of innovation in the wine sector, as well as an extension of the measure on the restructuring and conversion of vineyards to cover the replanting of vineyards following mandatory grubbing-up for health or phytosanitary reasons. The rules need to be established concerning the content of those new elements.
(2)
Commission Regulation (EC) No 555/2008 (3) lays down rules as regards the national support programmes in the wine sector provided for in Regulation (EC) No 1234/2007. In order to supplement the new rules laid down in Regulation (EU) No 1308/2013, the appropriate provisions should be introduced in Regulation (EC) No 555/2008.
(3)
Article 45(1)(a) of Regulation (EU) No 1308/2013 provides for specific support for the promotion of wine in Member States. It is necessary to establish eligibility criteria under this new sub-measure so that it may be included in the national support programmes. Such criteria should be consistent with similar measures in other schemes, and in particular those on information and the promotion of agricultural products on the internal market provided for in Council Regulation (EC) No 3/2008 (4).
(4)
In order to ensure the implication of the wine sector which has the necessary structure and expertise, it is necessary to specify that a public body cannot be the only beneficiary of the sub-measure of for the promotion of wine in the Member States.
(5)
The promotion of wine in the Member States must comply with Union competition rules. Therefore, it should be specified that the information conveyed through the sub-measure for the promotion of wine may not be brand-oriented or encourage the consumption of any specific wines.
(6)
In order to inform and protect consumers, it should be specified that any information for consumers as regards the impact on health of a product promoted in the Member States needs to have a recognised scientific basis and need to be accepted by the competent national authorities responsible for public health in the Member State where the operations are carried out.
(7)
The duration of the operations carried out in the Member States in Member States should also be laid down and it should be in line with the duration of the information and promotion programmes financed under Regulation (EC) No 3/2008.
(8)
Taking into account the specific nature of the measure for the promotion of wine in the Member States and in the light of the experience gained during the implementation of the promotion of wine in third countries under the national support programmes and of the scheme for the information and promotion of agricultural products on the internal market, rules for the eligibility of personnel costs and overheads incurred by the beneficiary in the execution of such measures should be established.
(9)
In order to facilitate the implementation of operations supported under the sub-measure for the promotion of wine in the Member States and taking into account the duration of those operations, it should be possible for payments to be made in advance of an execution of an entire operation or a part of it, provided that a security is lodged to ensure that the operation is executed.
(10)
In order to avoid the double funding of operations eligible under Article 45 of Regulation (EU) No 1308/2013, paragraphs 1 and 2 of Article 2 of Regulation (EC) No 3/2008 and the promotion measures funded under Article 16 of Regulation (EU) No 1305/2013 of the European Parliament and the Council (5), Member States should introduce clear demarcation criteria in the national support programmes.
(11)
Point (c) of Article 46(3) of Regulation (EU) No 1308/2013 provides for the extension of support measure relating to the restructuring and conversion of vineyards to the replanting of vineyards following mandatory grubbing-up for health or phytosanitary reasons. It is therefore necessary to provide for rules to enable the inclusion of such activity in the national support programmes and to fix a ceiling for expenditure. In order to ensure consistency with Union phytosanitary legislation, support should only be possible where such measures comply with Council Directive 2000/29/EC (6). Furthermore, the expenditure for the replanting of vineyards should be limited to 15 % of the total annual expenditure in each Member State in order to ensure that most of the funds spent for the measure of restructuring and conversion are used to improve the competitiveness of wine producers.
(12)
In order to avoid the double funding of operations of replanting of vineyards for health or phytosanitary reasons eligible under Article 46(3)(c) of Regulation (EU) No 1308/2013 the operation supported under Article 22, 23 and 24 of Directive 2000/29/EC and under Article 18(1) of Regulation (EU) No 1305/2013 Member States should introduce clear demarcation criteria in the national support programmes.
(13)
Article 51 of Regulation (EU) No 1308/2013 provides for the specific support measure for innovation in the wine sector in order to encourage the development of new products, processes and technologies concerning the products referred to in Part II of Annex VII to that Regulation and to increase the marketability and competitiveness of Union grapevine products. It is necessary to establish rules concerning the eligible operations under that new measure so that it may be included in the national support programmes.
(14)
To ensure the quality of the presented projects and the transfer of knowledge from the research to the wine sector, research and development centres should participate to the project supported by the beneficiaries of innovation measure.
(15)
The types of eligible investments under the innovation measure should also be set out. In particular it should be specified that simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i.e. the development of new products, processes and technologies, is met by these supports.
(16)
In order to avoid the double financing of operations eligible under Article 51 of Regulation (EU) No 1308/2013, Articles 36, 61, 62 and 63 of Regulation (EU) No 1305/2013 and Regulation (EU) No 1291/2013 of the European Parliament and the Council (7) Member States should introduce clear demarcation criteria in the national support programmes.
(17)
Regulation (EC) No 555/2008 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 555/2008 is amended as follows:
(1)
In Title II, Chapter II is amended as follows:
(a)
Section 1 is amended as follows:
(i)
the Title of the Section is replaced by the following:
‘Section 1
Promotion’;
(ii)
the following heading is inserted before Article 4:
‘Sub-section 1
Promotion in third countries’;
(iii)
Article 5a is deleted;
(iv)
the following sub-sections 2 and 3 are added:
‘Sub-section 2
Promotion in the Member States
Article 5b
Eligible operations
1. The sub-measure of the promotion of Union wines referred to in Article 45(1)(a) of Regulation (EU) No 1308/2013 shall consist of information for consumers as regards:
(a)
responsible consumption of wine and the risk associated with alcohol consumption;
(b)
the Union scheme of protected designations of origin and protected geographical indications, in particular conditions and effects, in relation to the specific quality, reputation or other characteristics of wine due to its particular geographical environment or origin.
2. The information activities referred to in paragraph 1 may be carried out through information campaigns and through participation in events, fairs and exhibitions of national or Union importance.
3. Operations shall be eligible under the promotion measure provided that:
(a)
they are clearly defined, describing the information activities and including the estimated cost;
(b)
they comply with the legislation applicable in the Member State where they are carried out;
(c)
the beneficiaries have resources to ensure that the measure is implemented effectively.
4. The beneficiaries shall be professional organisations, producer organisations, association of producer organisations, inter-branch organisations or public bodies. However, a public body shall not be the sole beneficiary of a promotion measure.
Article 5c
Characteristics of the information
1. The information referred to in Article 5b(1) shall be based on the intrinsic qualities of wine or its characteristics and shall not be brand-oriented or encourage the consumption of wine on the grounds of its specific origin. However, where information is disseminated for the purpose of Article 5b(1)(b), the origin of a wine may be indicated as part of the information operation.
2. All information concerning the effects of wine consumption on health and behaviour shall be based on generally accepted scientific data and shall be accepted by the national authority responsible for public health in the Member State where the operations are carried out.
Article 5d
Duration of the support
The support for promotion operations shall last no longer than three years.
Article 5e
Advance payments
Member States may provide for support to be advanced before any operation has been implemented, provided that the beneficiary has lodged a security.
Article 5f
Demarcation with rural development and promotion of agricultural products
Member States shall introduce clear demarcation criteria in their national support programmes to ensure that no support is granted under Article 45(1)(a) of Regulation (EU) No 1308/2013 for the operations supported under other Union instruments.
Sub-section 3
Common rules
Article 5g
Eligible costs
1. Personnel costs of the beneficiary referred to in Articles 4 and 5b shall be considered eligible if they are incurred in relation to the preparation, implementation or follow-up of the particular supported promotion project, including the evaluation. This includes the costs of the personnel contracted by the beneficiary specifically on the occasion of the promotion project and the costs corresponding to the share of the working hours invested in the promotion project by permanent staff of the beneficiary.
Member States shall only accept personnel costs as eligible if the beneficiaries provide supporting documents setting out the details of the work actually carried out in relation to the particular supported promotion project.
2. Overheads incurred by the beneficiary shall be considered eligible if:
(a)
they are related to the preparation, implementation or follow-up of the project, and;
(b)
they do not exceed 4 % of the actual costs of implementing the projects.
Member States may decide whether those overheads are eligible on the basis of a flat rate or on the basis of the presentation of supporting documents. In the latter case, the calculation of those costs shall be based on the accounting principles, rules and methods used in the beneficiary's country where the beneficiary is established.’
(b)
The following Article 6a is inserted:
‘Article 6a
Replanting for health or phytosanitary reasons
1. Replanting of a vineyard following a mandatory grubbing-up for health or phytosanitary reasons on the instruction of a competent authority of a Member State referred to in Article 46(3)(c) of Regulation (EU) No 1308/2013 shall be eligible provided that the Member State:
(a)
provides for that possibility in its national support programme;
(b)
communicates to the Commission in the framework of the submission of the national support programme or its modification the list of harmful organisms covered by that measure as well as a summary of a related strategic plan established by the competent authority of the Member State concerned;
(c)
complies with Council Directive 2000/29/EC (8).
2. The expenditure for replanting for health or phytosanitary reasons shall not exceed 15 % of the total annual expenditure on restructuring and conversion of vineyards in the Member State concerned.
3. Member States shall introduce clear demarcation criteria in their national support programmes to ensure that no support is granted under Article 46(3)(c) of Regulation (EU) No 1308/2013 for operations supported under other Union instruments.
(8) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).’."
(c)
The following Section 6a is inserted:
‘Section 6a
Innovation
Article 20a
Eligible operations
1. The innovation in the wine sector referred to in Article 51 of Regulation (EU) No 1308/2013 shall consist of the development of the following:
(a)
new products related to the wine sector or by-products of wine,
(b)
new processes and technologies necessary for the development of grape wine products.
2. The eligible costs shall concern tangible and intangible investments for knowledge-transfer, preparatory operations and pilot studies.
3. The beneficiaries of support for innovation shall be producers of the products referred to in Part II of Annex VII to Regulation (EU) No 1308/2013 and wine producer organisations.
Research and development centres shall participate in the project supported by the beneficiaries. Interbranch organisations may be associated to the project.
4. Beneficiaries of support for innovation may request the payment of an advance from the paying agencies where that option is included in the national support programme. The payment of the advance shall be subject to a requirement to lodge a security.
5. Simple replacement investments shall not be eligible expenditure.
Article 20b
Demarcation with rural development and other legal regimes and financial instruments
Member States shall introduce clear demarcation criteria in their national support programmes to ensure that no support is granted under Article 51 of Regulation (EU) No 1308/2013 for operations supported under other Union instruments.’
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, 11 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 671.
(2) 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).
(3) Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1).
(4) Council Regulation (EC) No 3/2008 of 17 December 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries (OJ L 3, 5.1.2008, p. 1).
(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 Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).
(7) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — The Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104). |
22.10.2014
EN
Official Journal of the European Union
L 302/1
COMMISSION IMPLEMENTING REGULATION (EU) No 1112/2014
of 13 October 2014
determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Articles 23(2) and 24(2) thereof,
Whereas:
(1)
Member States are required to ensure that operators and owners of offshore oil and gas installations provide the competent authority, as a minimum, with the data on major hazard indicators as specified in Annex IX to Directive 2013/30/EU. That information should enable Member States to provide advanced warning of the potential deterioration of safety and environmentally critical barriers, and should enable them to take preventive action, including in light of their obligations under Directive 2008/56/EC of the European Parliament and the Council (Marine Strategy Framework Directive) (2).
(2)
The information should also demonstrate the overall effectiveness of measures and controls implemented by individual operators and owners, and the industry as a whole, to prevent major accidents and to minimise risks for the environment. In addition, the information and data provided should ensure that the performance of individual operators and owners can be compared within the Member State and the performance of the industry as a whole can be compared between Member States.
(3)
The sharing of comparable data between Member States is rendered difficult and unreliable due to the lack of a common data reporting format across all Member States. A common format for the reporting of data by operators and owners to the Member State should provide transparency of the safety and environmental performance of operators and owners and should provide Union-wide comparable information on safety of offshore oil and gas operations and should facilitate dissemination of lessons learned from major accidents and near misses.
(4)
To facilitate public confidence in the authority and integrity of offshore oil and gas operations in the Union, Member States should periodically publish the information referred to in point 2 of Annex IX of Directive 2013/30/EU pursuant to Article 24 of Directive 2013/30/EU. A common format and details of information to be made publicly available by the Member States should enable easy cross-border comparison of data.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee on Safety of Offshore Oil and Gas Operations,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation specifies common formats in relation to:
(a)
reports from operators and owners of offshore oil and gas installations to competent authorities of Member States in accordance with Article 23 of Directive 2013/30/EU;
(b)
publication of information by Member States in accordance with Article 24 of Directive 2013/30/EU.
Article 2
Reporting reference and remittance dates
1. Operators and owners of offshore oil and gas installations shall submit the report referred to in Article 1(a) within 10 working days of the event.
2. The reporting period for information referred to in Article 1(b) shall be each year from 1 January until 31 December, starting as of the calendar year 2016. The common publication format shall be used to publish the information required in Article 24 of Directive 2013/30/EU on the website of the competent authority not later than 1 June of the year following the reporting period
3. The formats set out in Annexes I and II shall be used for the reports and publication referred to in points (a) and (b) of Article 1 respectively.
Article 3
Details of information to be shared
Annex I sets out the details of information to be shared in accordance with point 2 of Annex IX of Directive 2013/30/EU.
Article 4
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, 13 October 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 178, 28.6.2013, p. 66.
(2) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action I the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
ANNEX I
Common data reporting format for incidents and major accidents in the offshore oil and gas industry
(As required by Article 23 of Directive 2013/30/EU)
General remarks on the details of information to be shared
a.
The details of information to be shared are in relation to point 2 of Annex IX to Directive 2013/30/EU on the safety of offshore oil and gas operations and in particular to the risk of a major accident as defined within that Directive.
b.
Annex IX, point 2, to Directive 2013/30/EUcontains leading and lagging key performance indicators (KPI's) in order to provide a good picture about offshore oil and gas safety within a Member State and in the European Union, but some of the KPI's have a warning function like failures of safety and environmental critical elements (SECE) and fatalities.
c.
Pursuant to Article 3, paragraph 4, of the Council Directive 92/91/EEC (1), the employer shall, without delay, report to the competent authorities any serious and/or fatal occupational accidents and situations of serious danger. This data shall be used by the competent authority to report the information required under Annex IX, point 2, letters (g) and (h) of Directive 2013/30/EU.
(1) Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 9).
ANNEX II
Common Publication Format
(As required by article 24 of Directive 2013/30/EU) |
16.4.2014
EN
Official Journal of the European Union
L 113/17
COMMISSION IMPLEMENTING REGULATION (EU) No 388/2014
of 10 April 2014
amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
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)
Regulation (EEC) No 2658/87 established a nomenclature of goods, hereinafter referred to as the Combined Nomenclature, which is set out in Annex I to that Regulation.
(2)
The classification of frozen and salted fillets of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) under subheadings 0304 71 10 and 0304 71 90 (frozen fillets) or under subheadings 0305 32 11 and 0305 32 19 (salted fillets) depends to a large extent on the salt content in the product.
(3)
Salted cod, commonly known as ‘salt cod’ or ‘clipfish’, is a traditional product with a total salt content by weight of 12 % or more which is fit for human consumption without further industrial processing. In that case, the salt is intended to penetrate the fish meat to give it a long shelf life.
(4)
Cod fillets that have been only lightly salted (usually of a total salt content by weight of around 2 % but in any case less than 12 %) present different objective characteristics in so far as the actual and lasting preservation depends essentially upon an additional external process, such as freezing.
(5)
In order to ensure a consistent application of the Combined Nomenclature, the classification of frozen and salted cod fillets under subheadings 0304 71 10 and 0304 71 90 or subheadings 0305 32 11 and 0305 32 19 should therefore depend on the process which ensures the actual preservation of the product. This is consistent with the case law of the Court of Justice which used the same criterion for the classification of slightly dried and slightly smoked meat (2).
(6)
Cod that has been only lightly salted should therefore be classified under subheadings 0304 71 10 and 0304 71 90 in so far as freezing is necessary to avoid degeneration of the product. Where, on the contrary, if it is the salt that ensures the preservation of the product, the cod fillets should be classified under subheadings 0305 32 11 and 0305 32 19.
(7)
An Additional note should therefore be inserted in Chapter 3 of Part Two of the Combined Nomenclature to ensure its uniform interpretation throughout the Union.
(8)
Annex I to Regulation (EEC) No 2658/87 should therefore be amended accordingly.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
In Chapter 3 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87 the following Additional note 1 is inserted:
‘1.
For the purposes of subheadings 0305 32 11 and 0305 32 19, cod fillets (Gadus morhua, Gadus ogac, Gadus macrocephalus) having a total salt content by weight of 12 % or more which are fit for human consumption without further industrial processing, are considered to be salted fish.
However, frozen cod fillets which have a total salt content by weight of less than 12 % are to be classified under subheadings 0304 71 10 and 0304 71 90 in so far as the actual and lasting preservation depends essentially upon freezing.’
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, 10 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) Judgment of 31 May 1979 in Case 183/78, Galster v Hauptzollamt Hamburg-Jonas (ECR 1979, p. 2003). |
20.2.2014
EN
Official Journal of the European Union
L 50/17
COMMISSION IMPLEMENTING REGULATION (EU) No 156/2014
of 19 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, 19 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
57,6
TN
78,5
TR
95,2
ZZ
77,1
0707 00 05
EG
174,9
JO
206,0
MA
158,2
TR
160,5
ZZ
174,9
0709 91 00
EG
107,0
ZZ
107,0
0709 93 10
MA
32,4
TR
92,3
ZZ
62,4
0805 10 20
EG
43,5
IL
67,0
MA
49,6
TN
52,0
TR
74,8
ZA
64,0
ZZ
58,5
0805 20 10
IL
116,1
MA
96,0
ZZ
106,1
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
EG
29,2
IL
127,5
JM
106,9
MA
133,1
TR
110,2
US
134,0
ZZ
106,8
0805 50 10
AL
39,1
MA
71,7
TR
69,1
ZZ
60,0
0808 10 80
CN
129,5
MK
32,3
US
150,5
ZZ
104,1
0808 30 90
AR
146,2
CL
158,6
CN
68,5
TR
146,4
US
124,6
ZA
109,8
ZZ
125,7
(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’. |
13.5.2014
EN
Official Journal of the European Union
L 138/65
COMMISSION IMPLEMENTING REGULATION (EU) No 485/2014
of 12 May 2014
approving the active substance Bacillus pumilus QST 2808, 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 Bacillus pumilus QST 2808 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 3 December 2010 an application from AgraQuest Inc., now Bayer CropScience, for the inclusion of the active substance Bacillus pumilus QST 2808 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 8 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 Bacillus pumilus QST 2808 on 26 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 20 March 2014 in the format of the Commission review report for Bacillus pumilus QST 2808.
(5)
It has appeared from the various examinations made that plant protection products containing Bacillus pumilus QST 2808 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 Bacillus pumilus QST 2808.
(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 Bacillus pumilus QST 2808. 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 Bacillus pumilus QST 2808, 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 Bacillus pumilus QST 2808 as an active substance by 28 February 2015.
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 Bacillus pumilus QST 2808 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 31 August 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 Bacillus pumilus QST 2808 as the only active substance, where necessary, amend or withdraw the authorisation by 29 February 2016 at the latest; or
(b)
in the case of a product containing Bacillus pumilus QST 2808 as one of several active substances, where necessary, amend or withdraw the authorisation by 29 February 2016 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 September 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 May 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 dossiers 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):3346. 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
Bacillus pumilus QST 2808
USDA Agricultural Research Service (NRRL) Patent culture collection in Peoria Illinois, USA under the reference number B-30087.
Not applicable
≥ 1 × 1012 CFU/kg
1 September 2014
31 August 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 Bacillus pumilus QST 2808, 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 shall be taken into account.
In this overall assessment Member States shall pay particular attention to the protection of operators and workers, taking into account that Bacillus pumilus QST 2808 is to be considered as a potential sensitizer.
Conditions of use shall include risk mitigation measures, where appropriate.
The applicant shall submit confirmatory information as regards:
(a)
the identification of the aminosugar produced by Bacillus pumilus QST 2808;
(b)
analytical data for the content of that aminosugar in the production batches.
The applicant shall submit that information to the Commission, the Member States and the Authority by 31 August 2016.
(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
‘75
Bacillus pumilus QST 2808
USDA Agricultural Research Service (NRRL) Patent culture collection in Peoria Illinois, USA under the reference number B-30087
Not applicable
≥ 1 × 1012 CFU/kg
1 September 2014
31 August 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 Bacillus pumilus QST 2808, 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 shall be taken into account.
In this overall assessment Member States shall pay particular attention to the protection of operators and workers, taking into account that Bacillus pumilus QST 2808 is to be considered as a potential sensitizer.
Conditions of use shall include risk mitigation measures, where appropriate.
The applicant shall submit confirmatory information as regards:
(a)
the identification of the aminosugar produced by Bacillus pumilus QST 2808;
(b)
analytical data for the content of that aminosugar in the production batches.
The applicant shall submit that information to the Commission, the Member States and the Authority by 31 August 2016.’
(1) Further details on identity and specification of active substance are provided in the review report. |
3.5.2014
EN
Official Journal of the European Union
L 132/76
COMMISSION IMPLEMENTING DECISION
of 28 April 2014
on the recognition of the legal and supervisory framework of Hong Kong as equivalent to the requirements of Regulation (EC) No 1060/2009 of the European Parliament and of the Council on credit rating agencies
(Text with EEA relevance)
(2014/249/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (1), and in particular Article 5(6) thereof,
Whereas:
(1)
On 22 October 2012 the Commission granted a mandate to the European Securities and Markets Authority (ESMA), requesting its advice with regard to the technical assessment of the legal and supervisory framework of Hong Kong in respect of credit rating agencies (CRAs).
(2)
In its technical advice delivered on 31 May 2013, ESMA indicated that in its outcomes, the Hong Kong legal and supervisory framework in respect of CRAs is comparable to that laid down in Regulation (EC) No 1060/2009.
(3)
Pursuant to the second subparagraph of Article 5(6) of Regulation (EC) No 1060/2009, three conditions need to be fulfilled in order to consider a third country legal and supervisory framework equivalent to the requirements of that Regulation.
(4)
According to the first condition, CRAs in third countries must be subject to authorisation or registration and to effective supervision and enforcement on an ongoing basis. The Hong Kong legal and regulatory framework for CRAs consists of the Securities and Futures Ordinance (SFO) and the Code of Conduct for Persons Providing Credit Rating Services (COC), the relevant amendments to which came into effect on 1 June 2011. CRAs and their rating analysts who provide credit rating services in Hong Kong are required to be licensed for providing credit rating services and are subject to supervision by the Securities and Futures Commission (SFC) of Hong Kong. The Hong Kong legal and supervisory framework endows SFC with a comprehensive range of powers allowing it to investigate whether CRAs comply with their legal obligations. The SFC can compel both unregulated and regulated persons to produce information and documents relevant to the investigation, including trade records, bank records, telephone records, internet records and beneficial ownership information. This power applies to both persons under investigation or whom the SFC has reasonable cause to believe are in possession of information relevant to the investigation. In addition, where there is fear of destruction or removal of evidence, flight of target or other concerns, the SFC has the power to access private premises of both unregulated and regulated persons upon the grant of a search warrant by a judicial authority. In addition, the SFC has a full range of powers to take criminal, civil, administrative and other actions. This includes the administrative power to impose disciplinary sanctions against persons licensed or registered with the SFC, to impose restrictions on licensed or registered persons regarding their business activities, to revoke or suspend a licensed or registered person's licence or registration and to reprimand, impose obligations or fine the licensed or registered person up to a maximum of 10 million Hong Kong dollars or three times of profit gained or loss avoided. The SFC also has the power to apply to the relevant court for injunctive or remedial orders. The SFC conducts, in addition to onsite inspections, offsite supervision through interactions with licensed CRAs to understand their business models and plans and the risks inherent in such activities, with a view to identifying and assessing the risks arising from their business activities. Information on licensed CRAs is collected through filings with the SFC, including but not limited to annual audited accounts and annual control review reports. The SFC also follows up on complaints and self-reported breaches. Since the Hong Kong CRA regime became effective on 1 June 2011, all licensed CRAs are subject to ongoing supervision and enforcement powers of the SFC. The cooperation agreement concluded between ESMA and SFC provides for information exchange with regard to enforcement and supervisory measures taken against cross border CRAs. On this basis, it should be considered that CRAs in Hong Kong are subject to authorisation or registration requirements equivalent to those laid down in Regulation (EC) No 1060/2009 and the Hong Kong supervisory and enforcement arrangements applicable to CRAs are effectively applied and enforced.
(5)
According to the second condition, CRAs in the third country must be subject to legally binding rules which are equivalent to those set out in Articles 6 to 12 and Annex I to Regulation (EC) No 1060/2009, with the exception of Articles 6a, 6b, 8a, 8b, 8c and 11a, point (ba) of point 3 and points 3a and 3b of Section B of Annex I to that Regulation. When assessing the fulfilment of this condition due regard should be paid to Article 2(1) of Regulation (EU) No 462/2013 of the European Parliament and of the Council (2) in respect of the date of application of certain provisions of Regulation (EC) No 1060/2009. The Hong Kong legal and supervisory framework lays down detailed corporate governance requirements. The board of directors and responsible officers for the regulated activities bear primary responsibility for ensuring the maintenance of appropriate standards of conduct and adherence to proper procedures by the CRA. CRAs must have two responsible officers, both of whom have to be approved by the SFC, and at least one of them has to be an executive director under the SFO. Extensive provisions are in place regarding conflicts of interest, requiring CRAs to identify and eliminate or manage conflicts of interest and to be organised in a manner that ensures its business interest does not impair the independence and accuracy of its credit ratings as well as organisational requirements, including outsourcing, record keeping and confidentiality. In terms of organisational requirements, the General SFC Code and COC lay down requirements CRAs must fulfil such as those regarding policies and procedures for ensuring compliance with legal obligations and a permanent and effective compliance function. CRAs are also required to establish a review function responsible for periodically reviewing rating methodologies and models and significant changes thereto. The Hong Kong legal and supervisory framework contains a broad range of disclosure requirements, such as public disclosure of the ratings and annual public disclosures on the rating and ancillary activities. Therefore, the Hong Kong legal and supervisory framework should achieve the same outcomes as Regulation (EC) No 1060/2009 in respect of the management of conflicts of interest, the organisational processes and procedures that a CRA needs to have in place, the quality of ratings and of rating methodologies, the disclosure of credit ratings and the general and periodic disclosure of credit rating activities. It thus should provide for equivalent protection in terms of integrity, transparency, good governance of CRAs and reliability of the credit rating activities.
(6)
According to the third condition, the regulatory regime in the third country must prevent interference by the supervisory authorities and other public authorities of that third country with the content of credit rating and methodologies. Sections 4 and 5 of the SFO set out the regulatory objectives and functions and powers of the SFC respectively, which do not include any power for the SFC to interfere in any credit rating issued by a CRA or in a rating methodology of that CRA. As far as it can be ascertained there is no legal provision empowering SFC or any other public authority to influence the content of credit rating or methodologies.
(7)
In view of the factors examined, the conditions laid down in the second subparagraph of Article 5(6) of Regulation (EC) No 1060/2009 can be considered to be met by the Hong Kong legal and supervisory framework for CRAs. Therefore, the Hong Kong legal and supervisory framework for CRAs should be considered equivalent to the legal and supervisory framework established by Regulation (EC) No 1060/2009. The Commission, informed by ESMA, should continue to monitor the evolution of the Hong Kong legal and supervisory framework for CRAs and the fulfilment of the conditions on the basis of which this decision has been taken.
(8)
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 5 of Regulation (EC) No 1060/2009, the legal and supervisory framework for credit rating agencies in force in Hong Kong shall be considered as equivalent to the requirements of Regulation (EC) No 1060/2009.
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, 28 April 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 302, 17.11.2009, p. 1.
(2) Regulation (EU) No 462/2013 of the European Parliament and of the Council of 21 May 2013 amending Regulation (EC) No 1060/2009 on credit rating agencies (OJ L 146, 31.5.2013, p. 1). |
30.9.2014
EN
Official Journal of the European Union
L 286/1
COMMISSION IMPLEMENTING REGULATION (EU) No 1011/2014
of 22 September 2014
laying down detailed rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards the models for submission of certain information to the Commission and the detailed rules concerning the exchanges of information between beneficiaries and managing authorities, certifying authorities, audit authorities and intermediate bodies
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Articles 41(4), 102(1), 112(5), 122(3), 124(7), 131(6) and 137(3) thereof,
Whereas:
(1)
Commission Implementing Regulation (EU) No 184/2014 (2) lays down provisions necessary for the preparation of programmes. In order to ensure implementation of the programmes financed by the European Structural and Investment Funds (the ‘ESI Funds’), it is necessary to lay down further provisions for the application of Regulation (EU) No 1303/2013. To facilitate a comprehensive view and the access to those provisions, those provisions should be set out in one implementing act.
(2)
In order to ensure consistency and quality of the information submitted by the managing authority to the Commission, including clear statements on the investment's feasibility and economic viability of the major project, a standard format laying down uniform requirements for the structure and the content of the information to notify selected major projects to the Commission should be established.
(3)
With a view to ensuring increased efficiency and transparency in the implementation of programmes financed by the ESI Funds, the model for transmission of financial data, the model for payment applications and, pursuant to Article 41(4) of Regulation (EU) No 1303/2013, the model to be used when submitting additional information concerning financial instruments with the application for payments to the Commission, as well as the model for the accounts for operational programmes should be established.
(4)
For the same purpose, the model for describing the functions and procedures in place in the managing authority and, where appropriate, the certifying authority, and the model for the report and opinion of the independent audit body should be established. They should set out the technical characteristics of each field in the electronic data exchange system. Since those models will form the basis for developing the electronic data exchange system referred to in Article 74(4) of Regulation (EU) No 1303/2013, they should also set out the manner in which data on eligible expenditure will be entered into this system for electronic information exchange.
(5)
Detailed rules need to be set out on the scope and characteristics of the systems supporting electronic exchange of information between beneficiaries and a managing authority, a certifying authority, an audit authority and intermediate bodies so that Member States are given legal certainty on the obligations they must fulfil at the regulatory deadline set out in Article 122(3) of Regulation (EU) No 1303/2013.
(6)
To reduce the administrative burden for beneficiaries in an effective, efficient and satisfactory way for them while ensuring the efficient, effective and secure electronic exchange of information, certain basic requirements and technical characteristics should be specified for the systems referred to in Article 122(3) of Regulation (EU) No 1303/2013.
(7)
Principles and applicable rules should be set out regarding the transmission of documents and data through the systems relating to identifying of the party responsible for uploading the documents and any updates thereto including an alternative solution in the event that force majeure hinders the use of the systems.
(8)
This Regulation should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to protection of personal data. This Regulation should therefore be applied in accordance with these rights and principles. Concerning personal data processed by Member States, Directive 95/46/EC of the European Parliament and of the Council (3) applies. Concerning the processing of personal data by the Union institutions and bodies and the free movement of such data, Regulation (EC) No 45/2001 of the European Parliament and of the Council (4) applies.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the European Structural and Investment Funds,
HAS ADOPTED THIS REGULATION:
CHAPTER I
MODELS AND FORMAT TO BE USED FOR SUBMISSION OF CERTAIN INFORMATION TO THE COMMISSION
Article 1
Format for notification of a selected major project
The notification of a selected major project by the managing authority to the Commission in accordance with the first subparagraph of Article 102(1) of Regulation (EU) No 1303/2013 shall be drawn up in accordance with the format set out in Annex I to this Regulation.
Article 2
Model for transmission of financial data
When submitting financial data to the Commission for monitoring purposes in accordance with Article 112 of Regulation (EU) No 1303/2013, the Member States shall use the model set out in Annex II to this Regulation.
Article 3
Model for the description of the functions and procedures in place for the managing authority and the certifying authority
1. The description of the functions and procedures in place for the managing authority and, where appropriate, the certifying authority shall be drawn up in accordance with the model set out in Annex III to this Regulation.
2. Where a common system applies to several operational programmes, a single description of the functions and procedures referred to in paragraph 1 may be drawn up.
Article 4
Model for the report of the independent audit body
1. The audit report of the independent audit body referred to in Article 124(2) of Regulation (EU) No 1303/2013 shall be drawn up in accordance with the model set out in Annex IV to this Regulation.
2. Where a common system applies to several operational programmes, a single audit report referred to in paragraph 1 may be drawn up.
Article 5
Model for opinion of the independent audit body
1. The opinion of the independent audit body referred to in Article 124(2) of Regulation (EU) No 1303/2013 shall be drawn up in accordance with the model set out in Annex V to this Regulation.
2. Where a common system applies to several operational programmes, a single opinion referred to in paragraph 1 may be drawn up.
Article 6
Model for the payment application including additional information concerning financial instruments
The payment application referred to in Articles 41(4) and 131(6) of Regulation (EU) No 1303/2013 shall be drawn up in accordance with the model set out in Annex VI to this Regulation and shall include, where applicable, additional information concerning financial instruments.
Article 7
Model for the accounts
The accounts referred to in Article 137(1) of Regulation (EU) No 1303/2013 shall be submitted to the Commission in accordance with the model set out in Annex VII to this Regulation.
CHAPTER II
DETAILED RULES CONCERNING THE EXCHANGES OF INFORMATION BETWEEN BENEFICIARIES AND MANAGING AUTHORITIES, CERTIFYING AUTHORITIES, AUDIT AUTHORITIES AND INTERMEDIATE BODIES
Article 8
Definition and scope of electronic data exchange systems
1. ‘Electronic data exchange systems’, as referred to in the first subparagraph of Article 122(3) of Regulation (EU) No 1303/2013 shall mean mechanisms and instruments allowing the electronic exchange of documents and data, including audiovisual media supports, scanned documents and electronic files.
The exchange of documents and data shall include reporting on progress, payment claims and exchange of information related to management verifications and audits.
2. The electronic data exchange systems shall enable administrative verification in respect of each application for reimbursement by beneficiaries under Article 125(5) of Regulation (EU) No 1303/2013 and audits to rely on information and documents available through the electronic data exchange systems, when such information and documents are exchanged in electronic form in compliance with Article 122(3) of that regulation. Paper documents may only be requested by these responsible authorities in exceptional cases, following a risk analysis, and only if paper documents are the true source of the scanned documents uploaded in the electronic data exchange systems.
Article 9
Characteristics of the electronic data exchange systems
1. The electronic data exchange systems shall ensure data security, data integrity, data confidentiality, authentication of the sender in accordance with Articles 122(3), 125(4)(d), 125(8) and 140 of Regulation (EU) No 1303/2013.
The electronic data exchange systems shall be available and operational during and outside standard office hours, except for technical maintenance activities.
2. If a Member State, on its own initiative, imposes a compulsory use of electronic data exchange systems upon beneficiaries, it shall ensure that the technical characteristics of those systems will not disrupt smooth implementation of the Funds nor restrict access for any beneficiaries.
This requirement does not apply to electronic data exchange systems for beneficiaries which were made compulsory by a Member State during a previous programming period and comply with other requirements laid down in this Regulation.
3. The electronic data exchange systems shall be equipped with at least the following functionalities:
(a)
interactive forms and/or forms prefilled by the system on the basis of the data which are stored at consecutive steps of the procedures;
(b)
automatic calculations where applicable;
(c)
automatic embedded controls which reduce repeated exchanges of documents or information as far as possible;
(d)
system-generated alerts to inform the beneficiary that certain actions can be performed;
(e)
online status tracking allowing the beneficiary to monitor the current status of the project;
(f)
availability of all previous data and documents processed by the electronic data exchange system.
Article 10
Transmission of documents and data through the electronic data exchange systems
1. The beneficiaries and the authorities referred to in the first subparagraph of Article 122(3) of Regulation (EU) No 1303/2013, shall add the documents and data for which they are responsible, and any updates thereto, to the electronic data exchange systems in the electronic format defined by the Member State.
The Member State shall lay down detailed terms and conditions of electronic data exchange in the document setting out the conditions for support for each operation referred to in Article 125(3)(c) of Regulation (EU) No 1303/2013.
2. Exchanges of data and transactions shall bear an electronic signature compatible with one of the three types of electronic signature defined by Directive 1999/93/EC of the European Parliament and of the Council (5).
3. The date of transmission of documents and data by the beneficiary to the authorities referred to in the first subparagraph of Article 122(3) of Regulation (EU) No 1303/2013 and vice versa shall be considered to be the date of electronic submission of the information which is stored in the electronic data exchange systems.
4. Submission of documents and data through the electronic data exchange systems shall be made only once as referred to in the second subparagraph of Article 122(3) of Regulation (EU) No 1303/2013 as regards the same operation for all authorities implementing the same programme.
These authorities shall work together at legal, organisational, semantic and technical levels ensuring effective communication, as well as the exchange and re-use of information and knowledge.
This is without prejudice of processes allowing the beneficiary to update erroneous or obsolete data or unreadable documents.
5. The electronic data exchange systems shall be accessible either directly through an interactive user interface (a web application) or via a technical interface that allows for automatic synchronisation and transmission of data between beneficiaries' and Member States' systems.
6. When processing information, the electronic data exchange systems shall guarantee the protection of privacy of personal data for individuals and commercial confidentiality for legal entities according to Directive 2002/58/EC of the European Parliament and of the Council (6), Directive 2009/136/EC of the European Parliament and of the Council (7) and Directive 95/46/EC of the European Parliament and of the Council (8).
7. In cases of force majeure, and in particular of malfunctioning of the electronic data exchange systems or a lack of a lasting data connection, the beneficiary concerned may submit the information required to the competent authorities in the forms and using the means determined by the Member State for such cases. As soon as the cause of the force majeure ceases, the Member State shall ensure that the relevant documents are integrated into the database related to the electronic data exchange systems.
By way of derogation from paragraph 3, the date taken into account for submitting the required information shall be deemed to be the date of sending of the documents in the required forms.
8. Member States shall ensure that all beneficiaries can use the electronic data exchange systems referred to in Article 122(3) of Regulation (EU) No 1303/2013, including the beneficiaries of ongoing operations at the date on which the electronic data exchange systems become operational and to which electronic data exchange applies.
Article 11
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, 22 September 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 320.
(2) Commission Implementing Regulation (EU) No 184/2014 of 25 February 2014 laying down pursuant to 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, the terms and conditions applicable to the electronic data exchange system between the Member States and the Commission and adopting pursuant to Regulation (EU) No 1299/2013 of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal, the nomenclature of the categories of intervention for support from the European Regional Development Fund under the European territorial cooperation goal (OJ L 57, 27.2.2014, p. 7).
(3) 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).
(4) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(5) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ L 13, 19.1.2000, p. 12).
(6) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37).
(7) Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ L 337, 18.12.2009, p. 11).
(8) 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 I
Format for the notification of a selected major project
NOTIFICATION TO THE COMMISSION OF THE SELECTED MAJOR PROJECT IN ACCORDANCE WITH THE FIRST SUBPARAGRAPH OF ARTICLE 102(1) OF REGULATION (EU) No 1303/2013
EUROPEAN REGIONAL DEVELOPMENT FUND/COHESION FUND
INFRASTRUCTURE/PRODUCTIVE INVESTMENT
Project title [‘’]
CCI []
PART A
Information required by Article 102(1)(a) of Regulation (EU) No 1303/2013
A. BODY RESPONSIBLE FOR IMPLEMENTATION OF THE MAJOR PROJECT
A.1. Authority responsible for project notification (managing authority or intermediate body)
A.1.1
Name:
type='S' maxlength='200' input='M' (1)
A.1.2
Address:
type='S' maxlength='400' input='M'
A.1.3
Name of contact person
type='S' maxlength='200' input='M'
A.1.4
Position of contact person
type='S' maxlength='200' input='M'
A.1.5
Telephone:
type='N' input='M'
A.1.6
E-mail:
type='S' maxlength='100' input='M'
A.2. Body responsible for project implementation (beneficiary (2) )
A.2.1
Name:
type='S' maxlength='200' input='M'
A.2.2
Address:
type='S' maxlength='400' input='M'
A.2.3
Name of contact person
type='S' maxlength='200' input='M'
A.2.4
Position of contact person
type='S' maxlength='200' input='M'
A.2.5
Telephone:
type='N' input='M'
A.2.6
E-mail:
type='S' maxlength='100' input='M'
A.3. Is this project a phase of a major project (3) ?
type='C' input='M'
Yes
☐
No
☐
If yes, please provide a description of the physical and financial objectives of the overall project.
type='S' maxlength='3500' input='M'
A.4. Has the Commission previously approved any part of this major project? type='C' input='M'
Yes
☐
No
☐
If yes, please provide the CCI of the major project approved.
type='S' input='M'
If this project is a part of the major project for which the first phase was carried out in the 2007-2013, please provide a detailed description of the physical and financial objectives of the previous phase, including a description of the implementation of the first phase and confirm that it is or will be ready to be used for its purpose.
type='S' maxlength='3500' input='M'
A.5. Has the quality review of the independent experts been completed and their report attached in Part B? type='C' input='M'
Yes
☐
No (4)
☐
B. DESCRIPTION OF THE INVESTMENT, ITS LOCATION, TIMETABLE AND EXPECTED CONTRIBUTION OF THE MAJOR PROJECT TO THE SPECIFIC OBJECTIVES OF THE RELEVANT PRIORITY AXIS OR AXES
B.1. Categorisation of project activity (5)
Code
Amount
Percentage
B.2.1.
Code(s) for the intervention field dimension(s)
(More than one should be used where, based on a pro rata calculation, several intervention fields are relevant)
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.2.
Code for the form of finance dimension
(More than one may be relevant in some cases — pro rata shares to be provided)
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.3.
Code for the territorial dimension
(More than one may be relevant in some cases — pro rata shares to be provided)
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.4.
Code for the territorial delivery mechanism
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.5.
Code for the thematic objective dimension
(More than one may be relevant in some cases — pro rata shares to be provided)
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.6.
Code for the economic dimension (NACE Code (6))
(More than one may be relevant in some cases — pro rata shares to be provided)
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.7.
Code for the location dimension(s) (NUTS III) (7)
(More than one may be relevant in some cases — pro rata shares to be provided)
type='N' input='S'
type='N' input='M'
type='P' input='G'
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.8.
Nature of the investment (8) (to be filled in for productive investments only)
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2.9.
Product concerned (9) (to be filled in for productive investments only)
type='N' input='S'
type='N' input='M'
type='P' input='G'
B.2. Operational programme or operational programmes and priority axis or priority axes)
B.2.1 Identification of the operational programme or operational programmes and priority axis or priority axes:
CCI of OP
Priority axis of OP
Co-financing Fund
OP1 type='S' input='S'
Priority axis of OP1 type='S' input='S'
ERDF/CF
type='S' input='S'
OP1 type='S' input='S'
Priority axis of OP1 type='S' input='S'
ERDF/CF
type='S' input='S'
OP2 type='S' input='S'
Priority axis of OP2 type='S' input='S'
ERDF/CF
type='S' input='S'
OP2 type='S' input='S'
Priority axis of OP2 type='S' input='S'
ERDF/CF
type='S' input='S'
B.3. Project description
(a)
Please provide a short description of the project, its main objectives and the main project components.
In case of productive investments a short technical description must also be provided.
type='S' maxlength='7000' input='M'
(b)
Please provide a map identifying the project area and geo-referenced data (10).
(c)
Please give below the timetable for the development of the major project and its implementation.
Start date
(A)
Completion date
(B)
1.
Feasibility studies (or business plan if productive investment):
type='D' input='M' (11)
type='D' input='M'
2.
Cost-benefit analysis:
type='D' input='M'
type='D' input='M'
3.
Environmental impact assessment:
type='D' input='M'
type='D' input='M'
4.
Design studies:
type='D' input='M'
type='D' input='M'
5.
Preparation of tender documentation(s):
type='D' input='M'
type='D' input='M'
6.
Tender procedure(s):
type='D' input='M'
type='D' input='M'
7.
Land acquisition:
type='D' input='M'
type='D' input='M'
8.
Development consent:
type='D' input='M'
type='D' input='M'
9.
Construction phase/contract:
type='D' input='M'
type='D' input='M'
10.
Operational phase:
type='D' input='M'
type='D' input='M'
(d)
Please provide details on the expected contribution of the major project to achieving the result indicators under the specific objectives of the relevant priority axis or priority axes of the operational programme(s).
type='S' maxlength='7000' input='M'
C. TOTAL COST AND TOTAL ELIGIBLE COST
C.1. Please complete table below on the basis of the format for submission of information set out in accordance with Article 101 of Regulation (EU) No 1303/2013.
EUR
Total Project costs
(A)
Ineligible costs
(B)
Eligible costs
(C) = (A) – (B)
Percentage of total eligible costs
Input
Input
Calculated
Calculated
Planning/design fees
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Land purchase
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Building and construction
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Plant and machinery or equipment
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Contingencies
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Price adjustment (if applicable)
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Publicity
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Supervision during construction implementation
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Technical assistance
type='N' input='M'
type='N' input='M'
type='N' input='G'
type='N' input='G'
Sub-total
type='N' input='G'
type='N' input='G'
type='N' input='G'
type='N' input='G'
(VAT)
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
TOTAL
type='N' input='G'
type='N' input='G'
type='N' input='G'
type='N' input='G'
Please provide the exchange rate and the reference (where applicable).
type='S' maxlength='875' input='M'
Please provide an explanation on any of the above elements, where relevant.
type='S' maxlength='1750' input='M'
C.2. Compliance with State aid rules
In case the project involves the granting of State aid, please fill in the table below (12).
Amount of aid (EUR) in GGE (13)
Total amount of eligible cost (EUR) (14)
Aid intensity (in %)
State aid number/registry number for block-exempted aid
Approved aid scheme or approved ad hoc aid
type='N' input='M'
type='N' input='M'
type='P' input='M'
type='N' input='M'
Aid falling under a block exemption regulation
type='N' input='M'
type='N' input='M'
type='P' input='M'
type='N' input='M'
Aid in line with the SGEI decision (15) or the regulation on public land passenger traffic (16)
type='N' input='M'
type='N' input='M'
type='P' input='M'
Not applicable
Total aid granted
type='N' input='G'
Not applicable
Not applicable
Not applicable
C.3. Total eligible cost calculation
Please choose the relevant option and complete the information on the basis of the format for submission of information set out in accordance with Article 101 of Regulation (EU) No 1303/2013.
Method of calculation of the potential net revenue
Put x in one box only
Calculation of the discounted net revenue
type='C' input='M'
Flat rate method
type='C' input='M'
Decreased co-financing rate method
type='C' input='M'
Calculation of the discounted net revenue (Article 61(3)(b) of Regulation (EU) No 1303/2013)
Value
1.
Total eligible cost before taking account of the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted)
type='N' input='M'
2.
Pro-rata application of discounted net revenue (%) (if applicable)
type='N' input='M'
3.
Total eligible cost after taking into account of the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted) = (1)*(2)
The maximum public contribution must respect the State aid rules and the amount of total aid granted reported above (if applicable)
type='N' input='M'
Flat rate method or decreased co-financing rate method (Article 61(3)(a) and Article 61(5) of Regulation (EU) No 1303/2013)
Value
1.
Total eligible cost before taking account of the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted)
type='N' input='M'
2.
Net revenue flat rate as defined in Annex V to Regulation (EU) No 1303/2013 or delegated acts (FR) (%)
type='N' input='M'
3.
Total eligible cost after taking account of the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted) = (1)*(1-FR)*
The maximum public contribution must respect the State aid rules and the amount of total aid granted reported above (if applicable)
* In case of decreased co-financing rate method, this formula is not applicable (flat rate is reflected in co-financing rate of the priority axis, resulting in lower ERDF/CF financing) and the total eligible cost is equal to the amount mentioned in point (1)
type='N' input='M'
D. FINANCING PLAN, AND PHYSICAL AND FINANCIAL INDICATORS FOR MONITORING PROGRESS, TAKING ACCOUNT OF THE IDENTIFIED RISKS
D.1. Sources of co-financing
Source of financing total investment expenditure (EUR)
Of which (for information)
Total investment cost
[C.1.12.(A)]
Union support
National public (or equivalent)
National private
Other sources (specify)
EIB/EIF financing:
(a) = (b) + (c) + (d) + (e)
(b)
(c)
(d)
(e)
(f)
type='N' input='G'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
D.2. Annual plan of total eligible expenditure to be declared to the Commission (financial indicator for monitoring progress)
The total eligible expenditure to be declared to the Commission shall be presented below in terms of the annual share in EUR. In the case of a major project co-financed by more than one operational programme, the annual plan shall be presented separately for each operational programme. In the case of a major project co-financed by more than one priority axis, the annual plan should be broken down by priority axis.
(in EUR)
Total eligible expenditure
Priority axis of OP1
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='M'
type='N' input='G'
Priority axis of OP1
Priority axis of OP2
Priority axis of OP2
D.3. Output indicators (17) and other physical indicators for monitoring progress
Please list in the table provided output indicators, including common indicators as specified in the operational programme(s) and other physical indicators for monitoring progress. Volume of information will depend on complexity of projects, but only main indicators should be presented.
OP and priority axis
Name of indicator
Measurement unit
Target value for the major project
Target year
type='S' input='S'
Common:
type='S' input='S'
Other:
type='S' input='M'
Common:
type='S' input='S'
Other:
type='S' input='M'
type='S' input='M'
type='N' input='M'
D.4. Risk assessment
Please present a short summary of the main risks to the successful physical and financial implementation of the project and the proposed risk mitigation measures
type='S' maxlength='3500' input='M'
E. IS THE PROJECT SUBJECT TO A LEGAL PROCEDURE FOR NON-COMPLIANCE WITH UNION LAW? TYPE='C' INPUT='M'
Yes
☐
No
☐
If yes, please give details and justify the proposed contribution from the Union budget to the project in this respect:
type='S' maxlength='3500' input='M'
F. HAS THE UNDERTAKING PREVIOUSLY BEEN, OR IS IT CURRENTLY, SUBJECT OF A PROCEDURE (18) TO RECOVER UNION SUPPORT FOLLOWING THE RELOCATION OF A PRODUCTIVE ACTIVITY OUTSIDE THE PROGRAMME AREA OR OUTSIDE THE UNION? TYPE='C' INPUT='M'
Yes
☐
No
☐
If yes, please give details and justify the proposed contribution from the Union budget to the project in this respect:
type='S' maxlength='3500' input='M'
In addition, for productive investments please give details of the expected impact of the project on employment in other regions of the Union, and define whether the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union.
type='S' maxlength='3500' input='M'
PART B
Independent quality review report
The independent experts declare that:
1.
They have fulfilled the requirements of Article 23(2)(b) of Commission Delegated Regulation (EU) No 480/2014.
2.
They have appraised the project in accordance with all the criteria set out in Annex II to that Regulation.
Member State
Region and project location
Project name
Beneficiary
Managing authority
Independent experts reference
[NAME and FUNCTION]
Independent experts
Signature:
DATE
Please confirm that all of the following conditions are fulfilled: the operation is a major project within the meaning of Article 100 of Regulation (EU) No 1303/2013; the major project is not a completed operation within the meaning of Articles 2(14) and 65(6) of that Regulation; the major project is included within the relevant operational programme(s).
Put x where appropriate
Give details
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
1. THE BODY RESPONSIBLE FOR IMPLEMENTATION OF THE MAJOR PROJECT, AND ITS CAPACITY
Summarise relevant information on the body responsible for implementation of the major project, and its capacity including technical, legal, financial and administrative capacity.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
2. DESCRIPTION OF THE INVESTMENT AND ITS LOCATION
Summarise relevant information on the description of the investment and its location.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
3. EXPLANATION AS TO HOW IT IS CONSISTENT WITH THE RELEVANT PRIORITY AXES OF THE OPERATIONAL PROGRAMME(S) CONCERNED, AND ITS EXPECTED CONTRIBUTION TO ACHIEVING THE SPECIFIC OBJECTIVES OF THOSE PRIORITY AXES AND THE EXPECTED CONTRIBUTION TO SOCIOECONOMIC DEVELOPMENT
Summarise relevant information on project objectives and its consistency with the relevant priority axes of the operational programme or operational programmes concerned, and its expected contribution to achieving the specific objectives and results of those priority axes and the expected contribution to socioeconomic development of the area covered by the operational programme, and measures taken by the beneficiary to ensure optimal utilisation of the infrastructure in the operation phase.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
4. TOTAL COST AND TOTAL ELIGIBLE COST
4.1. Summarise relevant information on the total cost, calculation of costs both in terms of its overall cost to achieve the expected objectives and unit costs, and total eligible cost taking into account requirements of Article 61 of Regulation (EU) No 1303/2013.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
4.2. Provide information on compliance with State aid rules and how State aid rules have been taken into account in the calculation of the total public contribution to the project.
4.2.1 Please inform whether the independent experts, in accordance with Article 23(1) of Commission Delegated Regulation (EU) No 480/2014 or the Member State, have consulted the Commission on relevant State aid issues.
If the Commission has been consulted, please provide the date and reference of consultation and the date and reference of the reply and summarize the result of the consultation.
type='S' maxlength='3000' input='M'
4.2.2 If the Commission has not been consulted, please provide the following information:
Do you consider that this project involves the granting of State aid? type='C' input='M'
Yes
☐
No
☐
If yes, please explain on what basis compliance with State aid rules is ensured. Please provide this information for all groups of potential State aid recipients, for example, in case of infrastructures, for the owner, the constructors, the operator and for the users of the infrastructure.
type='S' maxlength='3000' input='M'
If no, please explain in detail why you consider that the support does not constitute State aid. Please provide this information for all groups of potential State aid recipients (for example, in case of infrastructures potential aid recipients are: the owner of the infrastructure, the constructor, the operator and the users of the infrastructure) (19). If applicable, please indicate whether the reason why you consider that the project does not involve State aid is that (i) the project does not concern any economic activity (including activities in the public remit) or that (ii) the recipient(s) of support enjoy a legal monopoly for the relevant activities and are not active in any other liberalised sector (or will keep separate accounts in case the recipient(s) are active in additional sectors).
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
5. FEASIBILITY STUDIES CARRIED OUT, INCLUDING OPTION ANALYSIS, AND THE RESULTS
5.1. Summarise relevant information on the feasibility studies carried out and the results under the following aspects: institutional, technical, environmental including climate change (if relevant) and other aspects.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
5.2. Summarise relevant information on the demand analysis (or business plan in case of productive investment).
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
5.3. Summarise relevant information on the option analysis and selection of the best option.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
6. A COST-BENEFIT ANALYSIS, INCLUDING A FINANCIAL AND AN ECONOMIC ANALYSIS, AND A RISK ASSESSMENT
6.1. Summarise relevant information on the financial analysis, including the main indicators of the financial analysis i.e. FRR and FNPV, calculation of net revenue and its result, tariff strategy and affordability (if applicable), and financial viability (sustainability).
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and follows the cost-benefit analysis methodology as described in Annex III to Commission Implementing Regulation (EU) No […]/2014 (20) and related guidance, and the method for calculation of net revenue as referred to in Article 61 of Regulation (EU) No 1303/2013 and in Articles 15 to 19 of Commission Delegated Regulation (EU) No 480/2014, and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
6.2. Summarise relevant information on the economic analysis, including the main indicators of the economic analysis i.e. ERR and ENPV and main economic benefits and costs.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and follows the cost-benefit analysis methodology as described in Annex III to Commission Implementing Regulation (EU) No […]/2014 (20) and related guidance, and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
6.3. Summarise relevant information on the risk assessment including main risks identified and mitigation measures.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and follows the cost-benefit analysis methodology as described in Annex III to Commission Implementing Regulation (EU) No […]/2014 (20) and related guidance, and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
7. AN ANALYSIS OF THE ENVIRONMENTAL IMPACT, TAKING INTO ACCOUNT CLIMATE CHANGE ADAPTATION AND MITIGATION NEEDS, AND DISASTER RESILIENCE
7.1. Summarise relevant information on the analysis of the environmental impact.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
7.2. Summarise relevant information on the climate change adaptation and mitigation, and disaster resilience.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
8. THE FINANCING PLAN SHOWING THE TOTAL PLANNED FINANCING RESOURCES AND THE PLANNED SUPPORT FROM THE FUNDS, THE EIB, AND ALL OTHER SOURCES OF FINANCING, TOGETHER WITH PHYSICAL AND FINANCIAL INDICATORS FOR MONITORING PROGRESS, TAKING ACCOUNT OF THE IDENTIFIED RISKS
Summarise relevant information on the financial plan together with physical and financial indicators for monitoring progress, taking into account of the identified risks, and on the calculation of the Union contribution including information on the method of calculation.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
9. THE TIMETABLE FOR IMPLEMENTING THE MAJOR PROJECT
Summarise relevant information on the timetable for implementing the major project (or its phase in case the implementation is longer the programming period) including public procurement.
type='S' maxlength='3000' input='M'
Give a clear statement whether or not the project meets the relevant criteria for the quality review set out in Annex II to Commission Delegated Regulation (EU) No 480/2014 and justify this statement.
Put x where appropriate
Give a statement and justification
Yes
type='C' input='M'
type='S' maxlength='1750' input='M'
No
type='C' input='M'
type='S' maxlength='1750' input='M'
CONCLUSIONS OF THE INDEPENDENT QUALITY REVIEW
Based on the information made available by the project beneficiary for this Independent quality review and the analysis of this information on the basis of Article 23 and Annex II to Commission Delegated Regulation (EU) No 480/2014, do the independent experts appraise the major project positively and confirm its feasibility and economic viability?
Yes type='C' input='M'
No type='C' input='M'
Please put x where appropriate
PART C
Declaration of competent national authority
I confirm that the information presented in this form is accurate and correct.
I confirm that Independent quality review report has not lost its validity due to any changes relevant to the major project which have occurred between the date of the submission of the final report to the Member State and the date of the notification of the major project to the Commission, which were not addressed in the report.
NAME:
SIGNATURE: (electronically signed via SFC)
ORGANISATION:
(MANAGING AUTHORITY(-IES)
DATE:
(1) Legend for the characteristics of fields:
type: N = Number, D = Date, S = String, C = Checkbox, P = Percentage
input: M = Manual, S = Selection, G = Generated by system
maxlength = Maximum number of characters including spaces
(2) In case of a Public private partnership operation where a private partner will be selected after approval of the operation and is proposed to be the beneficiary in accordance with Article 63(2) of Regulation (EU) No 1303/2013, this section should contain information on the public law body initiating the operation (i.e. the procuring authority).
(3) A major project started in the 2007-2013 programming period of which one or more phases have been completed in that programing period and this project represents a phase which will be carried out and completed in the 2014-2020 programming period, or a major project started in the 2014-2020 programming period of which this phase represents a phase which will be completed while the next phase will be completed in this or the subsequent programming period.
(4) Projects falling under Article 103 of Regulation (EU) No 1303/2013 do not require submission of the independent quality review report.
(5) Annex I to Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014 laying down rules for implementing 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 with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds, unless otherwise specified.
(6) NACE-Rev.2, 4 digit code: Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p. 1).
(7) Regulation (EC) No 1059/2003 of the European Parliament and of the Council (OJ L 154, 21.6.2003, p. 1) as amended. Use the most detailed and relevant NUTS III code. Where a project affects multiple individual NUTS III level areas, consider encoding the NUTS III or higher codes.
(8) New construction = 1; extension = 2; conversion/modernisation = 3; change of locality = 4; creation by take over = 5.
(9) Combined Nomenclature (CN), Council Regulation (EEC) No 2658/87 (OJ L 256, 7.9.1987, p. 1).
(10) Please provide the geo-referenced data in vector format, containing polygons, lines and/or points as appropriate to represent the project in preferably shape file format.
(11) Legend for the characteristics of fields:
type: N = Number, D = Date, S = String, C = Checkbox, P = Percentage
input: M = Manual, S = Selection, G = Generated by system
max length = Maximum number of characters including spaces
(12) This application does not replace notification to the Commission under Article 108(3) of the Treaty. A positive decision by the Commission on the major project under Regulation (EU) No 1303/2013 does not constitute state aid approval.
(13) Gross grant equivalent (GGE) means the discounted value of the aid expressed as a percentage of the discounted value of the eligible costs, as calculated at the time of award of the aid on the basis of the reference rate applicable on that date.
(14) State aid rules include provisions on eligible cost. In this column Member States should indicate the total amount of eligible cost based on the State aid rules that have been applied.
(15) Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (OJ L 7, 11.1.2012, p. 3).
(16) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).
(17) As required in Article 102(1)(a)(iv) of Regulation (EU) No 1303/2013.
(18) Under Article 71(1)(a) or (2) of Regulation (EU) No 1303/2013.
(19) The Commission services provided guidance to Member States to facilitate the assessment when infrastructure investments may involve State aid. In particular, the Commission services have prepared analytical grids. A Communication on the notion of aid is currently in preparation The Commission invites Member States to make use of the analytical grids and of the future communication for explaining why it is considered that the support does not involve the granting of State Aid.
(20) Not yet published in the Official Journal.
ANNEX II
Model for the transmission of financial data (1)
Table 1
Financial information at priority axis and programme level
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
The financial allocation of the priority axis based on the operational programme
[extracted from Table 18a of the operational programme]
Cumulative data on the financial progress of the operational programme
Priority axis
Fund (2)
Category of region (3)
Basis for the calculation of Union support*
(Total eligible cost or public eligible cost)
Total funding
(EUR)
Co-financing rate
(%)
Total eligible cost of operations selected for support (EUR)
Proportion of the total allocation covered with selected operations (%)
[column 7/column 5 × 100]
Public eligible cost of operations selected for support
(EUR)
Total eligible expenditure declared by beneficiaries to the managing authority
Proportion of the total allocation covered by eligible expenditure declared by beneficiaries (%)
[column 10/column 5 × 100]
Number of operations selected
Calculation
Calculation
type='S' input='G'
type='S' input='G'
type='S' input='G'
type='S' input='G'
type='N' input='G'
type='P' input='G'
type='Cu' input='M'
type='P' input='G'
type='Cu' input='M'
type='Cu' input='M'
type='P' input='G'
type='N' input='M'
Priority axis 1
ERDF
Priority axis 2
ESF
Priority axis 3
YEI (4)
NA
Priority axis 4
ESF
YEI (5)
NA
Priority axis 5
Cohesion Fund
NA
Total
ERDF
Less developed
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
ERDF
Transition
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
ERDF
More developed
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
ERDF
Special allocation to outermost regions or northern sparsely populated regions
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
ESF (6)
Less developed
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
ESF (7)
Transition
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
ESF (8)
More developed
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
YEI (9)
NA
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Total
Cohesion Fund
NA
type='N' input='G'
type='Cu' input='G'
type='P' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='P' input='G'
type='N' input='G'
Grand Total
All Funds
type='N' input='G'
type='N' input='G'
type='P' input='G'
type='N' input='G'
type='N' input='G'
type='P' input='G'
type='N' input='G'
Table 2
Breakdown of the cumulative financial data by category of intervention for the transmission made by 31 January
Priority axis
Characteristics of expenditure
Categorisation dimensions
Financial data
Fund (10)
Category of region
Intervention field
Form of finance
Territorial dimension
Territorial delivery mechanism
Thematic objective dimension
ERDF/Cohesion Fund
ESF secondary theme
Economic dimension
Location dimension
Total eligible cost of operations selected for support (EUR)
Public eligible cost of operations selected for support
(EUR)
The total eligible expenditure declared by beneficiaries to the managing authority
Number of operations selected
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='S' input='S'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='N' input='M'
Table 3
A forecast of the amount for which the Member State expects to submit interim payment applications for the current financial year and the subsequent financial year
For each programme, to be filled in by Fund and category of region, where appropriate
Fund
Category of region
Union contribution
[current financial year]
[subsequent financial year]
January — October
November — December
January — December
ERDF
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions (11)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
ETC
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
ESF
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (12)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Cohesion Fund
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
(1) Legend for the characteristics of fields:
type: N = Number, D = Date, S = String, C = Checkbox, P = Percentage, B = Boolean, Cu = Currency
input: M = Manual, S = Selection, G = Generated by system
(2) In case the YEI is programmed as part of a priority axis (in accordance with point (c) of the second subparagraph of Article 18 of Regulation (EU) No 1304/2013), the information has to be provided separately from the other part of the priority axis.
(3) This does not apply to the resources allocated to the YEI (i.e. the YEI specific allocation and the matching ESF support).
(4) This priority axis comprises the specific allocation to YEI and the matching ESF support.
(5) This part of a priority axis comprises the specific allocation to YEI and the matching ESF support.
(6) ESF allocation without the matching support for YEI.
(7) ESF allocation without the matching support for YEI.
(8) ESF allocation without the matching support for YEI.
(9) Includes the YEI special allocation and the matching support from the ESF.
(10) Data for the YEI shall be presented separately without splitting the YEI specific allocation and the matching ESF support.
(11) This should only show the specific allocation for outermost regions/Northern sparsely populated regions.
(12) This includes the specific allocation for the YEI and the corresponding ESF support.
ANNEX III
Model for the description of the functions and procedures in place for the managing authority and the certifying authority
1. GENERAL
1.1. Information submitted by:
—
[Name of the] Member State;
—
Title of the programme and CCI: (all operational programmes covered by the managing authority/certifying authority), in case of common management and control system);
—
Name of main contact point, including e-mail: (body responsible for the description).
1.2. The information provided describes the situation on: (dd/mm/yy)
1.3. System structure (general information and flowchart showing the organisational relationship between the authorities/bodies involved in the management and control system)
1.3.1. Managing authority (Name, address and contact point in the managing authority):
Indicate whether the managing authority is also designated as the certifying authority, in accordance with Article 123(3) of Regulation (EU) No 1303/2013.
1.3.2. Certifying authority (Name, address and contact point in the certifying authority).
1.3.3. Intermediate bodies (Name, address and contact points in the intermediate bodies).
1.3.4. When Article 123(5) of Regulation (EU) No 1303/2013 applies, indicate how the principle of separation of functions between the audit authority and the managing/certifying authorities is ensured.
2. MANAGING AUTHORITY
2.1. Managing authority and its main functions
2.1.1. The status of the managing authority (national, regional or local public body or private body) and the body of which it is part (1).
2.1.2. Specification of the functions and tasks carried out directly by the managing authority.
Where the managing authority also carries out in addition the functions of the certifying authority, description of how separation of functions is ensured.
2.1.3. Specification of the functions formally delegated by the managing authority, identification of the intermediate bodies and the form of the delegation (underlying that the managing authorities maintains the full responsibility for the delegated functions), under Article 123(6) and (7) of Regulation (EU) No 1303/2013. Reference to relevant documents (legal acts with empowerments, agreements). Where applicable, specifications of the functions of the controllers foreseen in Article 23(4) of Regulation (EU) No 1299/2013, for European territorial cooperation programmes.
2.1.4. Description of the procedures for ensuring effective and proportionate anti-fraud measures taking account of the risks identified, including reference to the risk assessment carried out (Article 125(4)(c) of Regulation (EU) No 1303/2013).
2.2. Organisation and procedures of the managing authority
2.2.1. Organisation chart and specifications of the functions of the units (including the plan for allocation of appropriate human resources with the necessary skills). This information also covers the intermediate bodies to which some functions have been delegated.
2.2.2. Framework to ensure that an appropriate risk management exercise is conducted when necessary, and in particular in the event of major modifications to the management and control system.
2.2.3. Description of the following procedures (that should be provided in writing to the staff of the managing authority and intermediate bodies; date and reference):
2.2.3.1.
Procedures to support the work of the monitoring committee.
2.2.3.2.
Procedures for a system to collect, record and store in computerised form data on each operation necessary for monitoring, evaluation, financial management, verification and audit, including, where applicable, data on individual participants and a breakdown of data on indicators by gender when required.
2.2.3.3.
Procedures for the supervision of the functions formally delegated by the managing authority under Article 123(6) and (7) of Regulation (EU) No 1303/2013.
2.2.3.4.
Procedures for appraising, selecting and approving operations and for ensuring their compliance, for the entire implementation period, with applicable rules (Article 125(3) of Regulation (EU) No 1303/2013), including instructions and guidance ensuring the contribution of operations to achieving the specific objectives and results of the relevant priorities in accordance with the provisions of Article 125(3)(a)(i) of Regulation (EU) No 1303/2013 and procedures to ensure that operations are not selected where they have been physically completed or fully implemented before the application for funding by the beneficiary (including the procedures used by the intermediate bodies where the appraisal, selection and approval of operations have been delegated).
2.2.3.5.
Procedures to ensure the provision to the beneficiary of a document setting out the conditions for support for each operation, including procedures to ensure that beneficiaries maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation.
2.2.3.6.
Procedures for the verifications of operations (in line with requirements under Article 125(4) to (7) of Regulation (EU) No 1303/2013), including for ensuring the compliance of operations with the Union policies (such as those related to partnership and multi-level governance, promotion of equality between men and women, non-discrimination, accessibility for persons with disabilities, sustainable development, public procurement, State aid and environment rules), and identification of the authorities or bodies carrying out such verifications. The description shall cover administrative management verifications in respect of each application for reimbursement by beneficiaries and on-the-spot management verifications of operations, that may be carried out on a sample basis. Where the management verifications have been delegated to intermediate bodies, the description should include the procedures applied by the intermediate bodies for those verifications and the procedures applied by the managing authority to supervise the effectiveness of the functions delegated to the intermediate bodies. The frequency and coverage shall be proportionate to the amount of public support to an operation and to the level of risk identified by these verifications and audits by the audit authority for the management and control system as a whole.
2.2.3.7.
Description of the procedures by which applications for reimbursement are received from beneficiaries, verified, and validated, and by which payments to beneficiaries are authorised, executed and accounted for, in line with obligations set out in Article 122(3) of Regulation (EU) No 1303/2013 as from 2016 (including the procedures used by the intermediate bodies where processing of applications for reimbursement has been delegated), in view of respecting the deadline of 90 days for payments to beneficiaries under Article 132 of Regulation (EU) No 1303/2013.
2.2.3.8.
Identification of the authorities or bodies carrying out each step in the processing of the application for reimbursement, including a flowchart indicating all bodies involved.
2.2.3.9.
Description of how information is transmitted to the certifying authority by the managing authority, including information on deficiencies and/or irregularities (including suspected and established fraud) detected and their follow-up in the context of management verifications, audits and controls by Union or national bodies.
2.2.3.10.
Description of how information is transmitted to the audit authority by the managing authority, including information on deficiencies and/or irregularities (including suspected and established fraud) detected and their follow-up in the context of management verifications, audits and controls by Union or national bodies.
2.2.3.11.
Reference to national eligibility rules laid down by the Member State and applicable to the operational programme.
2.2.3.12.
Procedures to draw up and submit to the Commission annual and final implementation reports (Article 125(2)(b) of Regulation (EU) No 1303/2013), including the procedures for collecting and reporting reliable data on performance indicators (Article 125(2)(a) of Regulation (EU) No 1303/2013).
2.2.3.13.
Procedures for drawing up the management declaration (Article 125(4)(e) of Regulation (EU) No 1303/2013).
2.2.3.14.
Procedures for drawing up the annual summary of the final audit reports and of controls carried out, including an analysis of the nature and extent of errors and weaknesses identified in systems, as well as corrective action taken or planned (Article 125(4)(e) of Regulation (EU) No 1303/2013).
2.2.3.15.
Procedures concerning the communication to staff of the above procedures, as well as an indication of training organised/foreseen and any guidance issued (date and reference).
2.2.3.16.
Description, where applicable, of the procedures of the managing authority in relation to the scope, rules and procedures concerning the effective arrangements set out by the Member State (2) for the examination of complaints concerning the ESI Funds, in the context of Article 74(3) of Regulation (EU) No 1303/2013.
2.3. Audit trail
2.3.1. Procedures to ensure an adequate audit trail and archiving system, including with respect to the security of data, taking account of Article 122(3) of Regulation (EU) No 1303/2013, in accordance with national rules on the certification of conformity of documents (Article 125(4)(d) of Regulation (EU) No 1303/2013 and Article 25 of Commission Delegated Regulation (EU) No 480/2014).
2.3.2. Instructions given on keeping supporting documents available by beneficiaries/intermediate bodies/managing authority (date and reference):
2.3.2.1.
Indication of the period during which documents are to be held.
2.3.2.2.
Format in which the documents are to be held.
2.4. Irregularities and recoveries
2.4.1. Description of the procedure (that should be provided in writing to the staff of the managing authority and intermediate bodies: date and reference) on reporting and correction of irregularities (including fraud) and their follow-up and recording of amounts withdrawn and recovered, amounts to be recovered, irrecoverable amounts and amounts related to operations suspended by a legal proceeding or by an administrative appeal having suspensory effect.
2.4.2. Description of the procedure (including a flowchart setting out the reporting lines) to comply with the obligation to notify irregularities to the Commission in accordance with Article 122(2) of Regulation (EU) No 1303/2013.
3. CERTIFYING AUTHORITY
3.1. Certifying authority and its main functions
3.1.1. The status of the certifying authority (national, regional or local public body) and the body of which it is part.
3.1.2. Specification of the functions carried out by the certifying authority. Where the managing authority also carries out in addition the functions of the certifying authority, description of how separation of functions is ensured (see 2.1.2).
3.1.3. Functions formally delegated by the certifying authority, identification of the intermediate bodies and the form of the delegation under Article 123(6) of Regulation (EU) No 1303/2013. Reference to relevant documents (legal acts with empowerments, agreements). Description of the procedures used by the intermediate bodies to carry out delegated tasks, and of the procedures of the certifying authority to supervise the effectiveness of the tasks delegated to the intermediate bodies.
3.2. Organisation of the certifying authority
3.2.1. Organisation chart and specification of the functions of the units (including plan for allocation of appropriate human resources with necessary skills). This information also covers the intermediate bodies to which some tasks have been delegated).
3.2.2. Description of the procedures to be provided in writing to the staff of the certifying authority and intermediate bodies (date and reference):
3.2.2.1.
Procedures for drawing up and submitting payment applications:
—
Description of arrangements in place for the certifying authority to access any information on operations, necessary for the purpose of drawing up and submitting payment applications, including the results of management verifications (in line with Article 125 of Regulation (EU) No 1303/2013) and all relevant audits.
—
Description of the procedure by which payment applications are drawn up and submitted to the Commission, including procedure to ensure sending of the final application for interim payment by 31 July following the end of the previous accounting year.
3.2.2.2.
Description of the accounting system used as a basis for certification of expenditure accounts to the Commission (Article 126(d) of Regulation (EU) No 1303/2013):
—
arrangements for forwarding aggregated data to the certifying authority in case of a decentralised system,
—
the link between the accounting system and the information system described under paragraph 4.1,
—
identification of European Structural and Investment Fund transactions in case of a common system with other Funds.
3.2.2.3.
Description of the procedures in place for drawing up the accounts referred to in Article 59(5) of Regulation (EU, Euratom) No 966/2012 (Article 126(b) of Regulation (EU) No 1303/2013). Arrangements for certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts complies with applicable law (Article 126(c) of Regulation (EU) No 1303/2013) taking into account the results of all verifications and audits.
3.2.2.4.
Description, where applicable, of the procedures of the certifying authority in relation to the scope, rules and procedures concerning the effective arrangements set out by the Member State (3) for the examination of complaints concerning the ESI Funds, in the context of Article 74(3) of Regulation (EU) No 1303/2013.
3.3. Recoveries
3.3.1. Description of the system for ensuring prompt recovery of public assistance, including Union assistance.
3.3.2. Procedures for ensuring an adequate audit trail by maintaining accounting records in computerised form, including amounts recovered, amounts to be recovered, amounts withdrawn from a payment application, amounts irrecoverable and amounts related to operations suspended by a legal proceeding or by an administrative appeal having suspensory effect, for each operation, including the recoveries resulting from the application of Article 71 of Regulation (EU) No 1303/2013 on durability of operations.
3.3.3. Arrangements for deducting amounts recovered or amounts to be withdrawn from expenditure to be declared.
4. INFORMATION SYSTEM
4.1. Description of the information systems including a flowchart (central or common network system or decentralised system with links between the systems) for:
4.1.1.
Collecting, recording and storing, in a computerised form data on each operation, including where appropriate data on individual participants and a breakdown of data on indicators by gender when required, necessary for monitoring, evaluation, financial management, verification and audit, as required by Article 125(2)(d) of Regulation (EU) No 1303/2013 and by Article 24 of Commission Delegated Regulation (EC) No 480/2014.
4.1.2.
Ensuring that the data referred to in the previous point is collected, entered and stored in the system, and that data on indicators is broken down by gender where required by Annexes I and II to Regulation (EU) No 1304/2013, as required by Article 125(2)(e) of Regulation (EU) No 1303/2013.
4.1.3.
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 to be recovered, amounts recovered, amounts irrecoverable and amounts withdrawn following cancellation of all or part of the contribution for an operation or operational programme, as set out in Article 126(d) and 137(b) of Regulation (EU) No 1303/2013;
4.1.4.
Maintaining accounting records in a computerised form of expenditure declared to the Commission and the corresponding public contribution paid to beneficiaries, as set out in Article 126(g) of Regulation (EU) No 1303/2013.
4.1.5.
Keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation, as set out in Article 126(h) of Regulation (EU) No 1303/2013.
4.1.6.
Keeping records of amounts related to operations suspended by a legal proceeding or by an administrative appeal having suspensory effects.
4.1.7.
Indication as to whether the systems are operational and can reliably record the data mentioned above.
4.2. Description of the procedures to verify that IT systems security is ensured.
4.3. Description of the current situation as regards implementation of the requirements of Article 122(3) of Regulation (EU) No 1303/2013.
(1) According to Article 123(3) of Regulation (EU) No 1303/2013, in cases where the managing authority and the certifying authority are both located in the same body, the managing authority shall be a public authority or body).
(2) Reference to the document or national legislation where these effective arrangements have been set out by the Member State.
(3) Reference to the document or national legislation where these effective arrangements have been set out by the Member State.
ANNEX IV
Model for the report of an independent audit body under Article 124(2) of Regulation (EU) No 1303/2013
1. Introduction
1.1 Identify the objective of the report, i.e. to set out the results of the assessment of the compliance of the managing authority and the certifying authority with the designation criteria relating to internal control environment, risk management, management and control activities and monitoring set out in Annex XIII to Regulation (EU) No 1303/2013, in order to express an opinion on their compliance with the designation criteria.
1.2 Identify the scope of the report i.e. the body(ies) covered, namely the managing authority and the certifying authority (and, where appropriate, the delegated functions of these authorities) and their compliance with the designation criteria relating to internal control environment, risk management, management and control activities and monitoring set out in Annex XIII to Regulation (EU) No 1303/2013, with reference to the particular Funds and programmes covered.
1.3 Indicate the body that has prepared the report (‘Independent Audit Body’) and specify if it is the audit authority for the operational programme(s) covered.
1.4 Indicate how the functional independence of the Independent Audit Body from the managing and certifying authorities is ensured (see Article 124(2) of Regulation (EU) No 1303/2013). Where applicable, indicate also how the functional independence of the Independent Audit Body from the joint secretariat (foreseen in Article 23(2) of the Regulation (EU) No 1299/2013) is ensured.
2. Methodology and scope of the work
2.1 Indicate the period and timeframe of the audit (date when the final description of functions and procedures in place for the managing authority and, where appropriate, the certifying authority was received by the Independent Audit Body, date when the audit started and ended and resources allocated).
2.2 Specify the extent of the use of previous audit work for the 2007-2013 programming period, where applicable, in accordance with Article 124(2) of Regulation (EU) No 1303/2013.
2.3 Specify a) the extent of the use of audit work carried out by other bodies and b) the quality control performed on such audit work with respect to the adequacy of the work.
2.4 Describe the work done for assessing, in line with Article 124(2) of Regulation (EU) No 1303/2013, the fulfilment, by the managing and certifying authorities being designated by [Member State], of the criteria relating to the internal control environment, risk management, management and control activities, and monitoring set out in Annex XIII of Regulation (EU) No 1303/2013, covering among other elements, the following:
2.4.1.
Examination of the description of functions and procedures in place for the managing authority and, where appropriate, the certifying authority, in accordance with the model defined in Annex III of this Regulation.
2.4.2.
Examination of other relevant documents concerning the system; indicate any review of laws, ministerial acts, circulars, internal procedure/other manuals, guidelines and/or checklists.
2.4.3.
Interviews with the staff in the main bodies (including intermediate bodies, if relevant). Include description of the method and criteria for selection, what subjects have been covered, how many interviews have taken place and who has been interviewed.
2.4.4.
Review of the description and procedures relating to the information systems, covering in particular the requirements set out in Annex XIII of Regulation (EU) No 1303/2013 and the verification of whether these systems are operational and have been set-up in order to ensure: (i) an adequate audit trail; (ii) protection of personal data; (iii) integrity, availability and authenticity of data; (iv) reliable, accurate and complete information on the implementation of the operational programme (in line with Article 125(2)(a) of Regulation (EU) No 1303/2013), data on each operation necessary for monitoring, evaluation, financial management, verification and audit (in line with Article 125(2)(d) and (e) of Regulation (EU) No 1303/2013) and data required for drawing up payment applications and accounts (as required by Article 126 (d) (g) and (h) of Regulation (EU) No 1303/2013.
2.4.5.
Where functions have been delegated by the managing authority or the certifying authority to other bodies, describe the audit work done to verify that the managing and/or certifying authority have assessed the capacities of these bodies to carry out delegated tasks, that they have sufficient supervisory procedures in place over these intermediate bodies and any other relevant audit work.
2.5 Indicate if any contradictory procedures have taken place prior to issuing this report and indicate the relevant authorities/bodies.
2.6 Confirm that the work has been carried out taking account of internationally accepted audit standards.
2.7 Identify if there were any limitation of scope (1), in particular the ones with affecting the opinion of the independent audit body.
3. Results of assessment for each authority/system
3.1. For each authority/system complete the table:
CCI or system (group of CCIs)
Concerned Authority(Managing or Certifying authority)
Completeness and accuracy of description (Y/N)
Conclusion (unqualified, qualified, adverse)
Designation criteria affected
Section of description of functions and procedures affected
Shortcomings
Priorities affected
Recommendations/Corrective measures
Timeframe agreed with concerned authority for implementation of corrective measures
CCI x
Managing authority
Certifying authority
System y
Managing authority
Certifying authority
3.2. Provide results of the assessment on areas not fully covered in the table above, including but not limited to:
3.2.1.
The procedures in place for drawing up the accounts referred to in Article 59(5)(a) of Regulation (EU, Euratom) No 966/2012 (2) (Article 126(b) of Regulation (EU) No 1303/2013);
3.2.2.
The arrangements for certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts 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 (Article 126(c) of Regulation (EU) No 1303/2013);
3.2.3.
The procedures in place for ensuring effective and proportionate anti-fraud measures taking account of the risks identified (Article 125(4)(c) of Regulation (EU) No 1303/2013);
3.2.4.
The framework to ensure that an appropriate risk management exercise is conducted when necessary, and in particular in the event of major modifications to the management and control system (Annex XIII, point 2, of Regulation (EU) No 1303/2013);
3.2.5.
The arrangements for drawing up the management declaration and annual summary of final audits and controls and weaknesses identified (Article 125(4)(e) of Regulation (EU) No 1303/2013);
3.2.6.
The arrangements for collecting, recording and storing, in computerised form, data on each operation necessary for monitoring, evaluation, financial management, verification and audit, including data on indicators and outputs (Article 125(2)(d) and (e) of Regulation (EU) No 1303/2013);
3.2.7.
The framework for ensuring, in the event of delegation of tasks to intermediate bodies, the definition of their respective responsibilities and obligations, the verification of their capacities to carry out delegated tasks and the existence of reporting procedures (Annex XIII, point 1(ii), of Regulation (EU) No 1303/2013).
(1) Limitation of scope: A limitation on the scope of the auditor's work may sometimes be imposed by the entity (for example, when the terms of the engagement specify that the auditor will not carry out an audit procedure that the auditor believes is necessary). A scope limitation may be imposed by circumstances. It may also arise when, in the opinion of the auditor, the entity's accounting records are inadequate or when the auditor is unable to carry out an audit procedure believed desirable.
(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).
ANNEX V
Model for the opinion of an independent audit body on the compliance of the managing authority and the certifying authority with the designation criteria set out in Annex XIII to Regulation (EU) No 1303/2013
To (Member State authority/body)
INTRODUCTION
I, the undersigned, representing [name of the independent audit body under Article 124(2) of Regulation (EU) No 1303/2013] as the body functionally independent from the managing and certifying authorities, responsible for drawing up a report and opinion setting out the results of an assessment of the compliance of the managing authority and the certifying authority with the designation criteria set out in Annex XIII to Regulation (EU) No 1303/2013 for [name of operational programme(s), CCI code(s)] (hereinafter ‘the programme(s)’), have carried out an examination in accordance with Article 124(2) of that Regulation.
SCOPE OF THE EXAMINATION
The examination covered the managing authority, the certifying authority and (where appropriate) the delegated functions of these authorities, as described in section 1 of the attached report [Annex IV of this Regulation]
The extent and scope of the examination is detailed in section 2 of the attached report. Among other aspects described in this report, the examination was based on the description of the functions and procedures in place for the managing authority and, where appropriate, the certifying authority, drawn-up by and under the responsibility of.[name of body or bodies responsible for the description] and received on [dd/mm/yyyy] from [name of body or bodies submitting the description].
For the part of the management and control system (1) in [the managing authority or certifying authority] relating to …, I have concluded that the system is essentially the same as for the previous programming period and that there is evidence, on the basis of audit work done in accordance with the relevant provisions of Council Regulation (EC) No 1083/2006 (2) or Council Regulation (EC) No 1198/2006 (3), of their effective functioning during that period. I have therefore concluded that the relevant criteria are fulfilled without carrying out additional audit work.
OPINION
(Unqualified opinion)
On the basis of the examination referred to above, it is my opinion that the managing authority and/or the certifying authority being designated for the programme(s) comply with the designation criteria relating to internal control environment, risk management, management and control activities and monitoring set out in Annex XIII to Regulation (EU) No 1303/2013.
Or
(Qualified opinion)
On the basis of the examination referred to above, it is my opinion that the managing authority and/or the certifying authority being designated for the programme(s) comply with the designation criteria relating to internal control environment, risk management, management and control activities and monitoring set out in Annex XIII to Regulation (EU) No 1303/2013, except in the following respects (4)
My reasons for considering that this/these authority(ies) do(es) not comply with the designation criterion(a) and my assessment of the seriousness are as follows (5):
Or
(Adverse opinion)
On the basis of the examination referred to above, it is my opinion that the managing authority and/or the certifying authority being designated for the programme(s) do not comply with the designation criteria relating to internal control environment, risk management, management and control activities and monitoring set out in Annex XIII to Regulation (EU) No 1303/2013.
This adverse opinion is based
on (6)
Emphasis of matter (to be used as appropriate)
[The independent audit body may also include emphasis of matter, not affecting its opinion, as established by internationally accepted auditing standards.]
Date
Signature
(1) This paragraph shall only be used if applicable, in accordance with Article 124(2) of Regulation (EU) No 1303/2013.
(2) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ L 210, 31.7.2006, p. 25).
(3) Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, p. 1).
(4) Indicate the authority(s) and the designation criteria with which they do not comply.
(5) Indicate the reason(s) for the reservation(s) entered for each authority and on each designation criteria.
(6) Indicate the reason(s) for the adverse opinion for each authority and on each aspect.
ANNEX VI
Model for the payment application including additional information concerning financial instruments
PAYMENT APPLICATION
EUROPEAN COMMISSION
Fund concerned (1) :
type='S' input='S' (2)
Commission reference (CCI):
type='S' input='S'
Name of operational programme:
type='S' input='G'
Commission Decision:
type='S' input='G'
Date Commission Decision:
type='D' input='G'
Payment application number:
type='N' input='G'
Date of submission of the payment application:
type='D' input='G'
National reference (optional):
type='S' maxlength='250' input='M'
Please specify the type of the payment application:
An interim payment application, in accordance with Article 131 of Regulation (EU) No 1303/2013
radio button
A final application for interim payment in accordance with Article 135(2) of Regulation (EU) No 1303/2013
radio button
According to Article 135 of Regulation (EU) No 1303/2013, this payment application refers to the accounting period:
From (3)
type='D' input='G'
until:
type='D' input='G'
Expenditure broken down by priority and category of regions as entered into the accounts of the certifying authority
(Including programme contributions paid to financial instruments (Article 41 of Regulation (EU) No 1303/2013) and advances paid in context of State aid (Article 131(5) of Regulation (EU) No 1303/2013))
Priority
Calculation basis (public or total)
Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations
Total amount of public expenditure incurred in implementing operations
(A)
(B)
(C)
Priority 1
Less developed regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
YEI (4)
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (5)
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
Calculation basis (public or total) (6)
Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations
Total amount of public expenditure incurred in implementing operations
(A)
(B)
(C)
Priority 1
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='S' input='G'
type='Cu' input='M'
type='Cu' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
CERTIFICATE
By validating this payment application the Certifying Authority certifies that the responsibilities foreseen in points (a), (d), (e), (f), (g) and (h) of Article 126 of Regulation (EC) No 1303/2013 are fulfilled and requests the payment of the amounts as mentioned below.
Representing the Certifying Authority:
type='S' input='G'
APPLICATION FOR PAYMENT
FUND
AMOUNTS
Less developed regions
Transition regions
More developed regions
Outermost regions and Northern sparsely populated regions
(A)
(B)
(C)
(D)
type='S' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI (7)
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
FUND
AMOUNT
type='S' input='G'
type='Cu' input='G'
The payment will be made on the following bank account:
Designated body
type='S' maxlength='150' input='G'
Bank
type='S' maxlength='150' input='G'
BIC
type='S' maxlength='11' input='G'
Bank account IBAN
type='S' maxlength='34' input='G'
Holder of account (where not the same as the designated body)
type='S' maxlength='150' input='G'
(1) If a programme concerns more than one fund, application for payment should be sent separately for each of them. Irrespective of the way YEI is implemented (dedicated OP, specific priority axis or part of a priority axis), expenditure related to YEI activities will always be declared under an ESF payment application and will therefore cover both YEI specific allocation and ESF corresponding support.
(2) Legends:
type: N = Number, D = Date, S = String, C = Checkbox, P = Percentage, B = Boolean, Cu = Currency
input: M = Manual, S = Selection, G = Generated by system
(3) First day of the accounting year, automatically encoded by the IT system.
(4) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(5) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(6) For the EMFF co-financing applies only on ‘Total eligible public expenditure’. Therefore, in case of EMFF, the calculation base in this model will automatically be adjusted to ‘Public’.
(7) Covers the specific allocation for the YEI and the corresponding ESF support.
Appendix 1
Information on programme contributions paid to financial instruments as referred to in Article 41 of Regulation (EU) No 1303/2013 and included in the payment applications (cumulative from the start of the programme) (1)
Programme contributions paid to financial instruments included in payment applications
Amounts paid as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (2)
(A)
(B) (3)
(C)
(D) (4)
Priority (5)
Total amount of programme contributions paid to financial instruments
Amount of corresponding public expenditure
Total amount of programme contributions effectively paid, or, in the case of guarantees, committed, as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (2)
Amount of corresponding public expenditure
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (6)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (7)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Programme contributions paid to financial instruments included in payment applications
Amounts paid as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (8)
(A)
(B)
(C)
(D)
Priority
Total amount of programme contributions paid to financial instruments
Amount of corresponding public expenditure
Total amount of programme contributions effectively paid, or, in the case of guarantees, committed, as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (8)
Amount of corresponding public expenditure
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
(1) For EAFRD included in the quarterly declaration of expenditure.
(2) At closure, the eligible expenditure shall respect the provisions of Article 42(1), (2) and (3) of Regulation (EU) No 1303/2013.
(3) To be noted that due to the specificity of the EAFRD, the values in columns (B) and (D) are the same as those in columns (A) and (C) respectively.
(4) To be noted that due to the specificity of the EAFRD, the values in columns (B) and (D) are the same as those in columns (A) and (C) respectively.
(5) For EAFRD Measure Code.
(6) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and the corresponding ESF support.
(7) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and the corresponding ESF support.
(8) At closure, the eligible expenditure shall respect the provisions of Article 42(1), (2) and (3) of Regulation (EU) 1303/2013.
Appendix 2
Advances paid in the context of State aid (Article 131(5) of Regulation (EU) No 1303/2013) and included in the payment applications (cumulative from the start of the programme)
Priority
Total amount paid from the operational programme as advances (1)
Amount which has been covered by expenditure paid by beneficiaries within three years of the payment of the advance
Amount which has not been covered by expenditure paid by beneficiaries and for which the three year period has not yet elapsed
(A)
(B)
(C)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (3)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
Total amount paid from the operational programme as advances (4)
Amount which has been covered by expenditure paid by beneficiaries within 3 years of the payment of the advance
Amount which has not been covered by expenditure paid by beneficiaries and for which the 3 year period has not yet elapsed
(A)
(B)
(C)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
(1) This amount is included in the Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations as mentioned in the payment application. As state aid is by nature public expenditure, this total amount is equal to public expenditure.
(2) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and the corresponding ESF support.
(3) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and ESF corresponding support.
(4) This amount is included in the Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations as mentioned in the payment application. As state aid is by nature public expenditure, this total amount is equal to public expenditure.
ANNEX VII
Model for the accounts
ACCOUNTS FOR ACCOUNTING PERIOD
type='D' – type='D' input='S'
EUROPEAN COMMISSION
Fund concerned (1) :
type='S' input='S' (2)
Commission reference (CCI):
type='S' input='S'
Name of operational programme:
type='S' input='G'
Commission Decision:
type='S' input='G'
Date Commission Decision:
type='D' input='G'
Version of the accounts:
type='S' input='G'
Date of submission of the accounts:
type='D' input='G'
National reference (optional):
type='S' maxlength='250' input='M'
CERTIFICATE
The certifying authority hereby certifies that:
1.
that the accounts are complete accurate and true and that the expenditure entered into the accounts 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;
2.
that the provisions in the Fund-specific Regulations, Article 59(5) of Regulation (EU, Euratom) No 966/2012 and in points (d) and (f) of Article 126 of Regulation (EU) No 1303/2013 are respected;
3.
that the provisions in Article 140 of Regulation (EU) No 1303/2013 with regard to the availability of documents are respected.
Representing the certifying authority:
type='S' input='G'
(1) If a programme concerns more than one fund, accounts should be sent separately for each of them. In the case of YEI, annual accounts will include both the specific allocation for the YEI and the ESF corresponding support.
(2) Legends:
type: N = Number, D = Date, S = String, C = Checkbox, P = Percentage, B = Boolean, Cu = Currency
input: M = Manual, S = Selection, G = Generated by system
Appendix 1
Amounts entered into the accounting systems of the certifying authority — Article 137(1)(a) of Regulation (EU) No 1303/2013
Priority
Total amount of eligible expenditure entered into the accounting systems of the certifying authority and which has been included in the payment applications submitted to the Commission
Total amount of the corresponding public expenditure incurred in implementing operations
Total amount of corresponding payments made to beneficiaries under Article 132(1) of Regulation (EU) No 1303/2013
(A)
(B)
(C)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (1)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
Total amount of eligible expenditure entered into the accounting systems of the certifying authority and which has been included in the payment applications submitted to the Commission
Total amount of the corresponding public expenditure incurred in implementing operations
Total amount of corresponding payments made to beneficiaries under Article 132(1) of Regulation (EU) No 1303/2013
(A)
(B)
(C)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
(1) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Payments include the specific allocation for the YEI and the corresponding ESF support in column (C).
(2) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Payments include the specific allocation for the YEI and the corresponding ESF support in column (C).
Appendix 2
Amounts withdrawn and recovered during the accounting year — Article 137(1)(b) of Regulation (EU) No 1303/2013
Priority
WITHDRAWALS
RECOVERIES (1)
Total eligible amount of expenditure included in payment applications
Corresponding public expenditure
Total eligible amount of expenditure included in payment applications
Corresponding public expenditure
(A)
(B)
(C)
(D)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (3)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Split of amounts withdrawn and recovered during the accounting year by accounting year of declaration of the corresponding expenditure
In relation to accounting year ending 30 June 2015 (total)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
In relation to accounting year ending 30 June … (total)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance if applicable) the table shall look as follows:
Priority
WITHDRAWALS
RECOVERIES (4)
Total eligible amount of expenditure included in payment applications
Corresponding public expenditure
Total eligible amount of expenditure included in payment applications
Corresponding public expenditure
(A)
(B)
(C)
(D)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Split of amounts withdrawn and recovered during the accounting year by accounting year of declaration of the corresponding expenditure
In relation to accounting year ending 30 June 2015 (total)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
In relation to accounting year ending 30 June … (total)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
(1) Excluding recoveries made under Article 71 of Regulation (EU) No 1303/2013 (see Appendix 4).
(2) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(3) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(4) Excluding recoveries made under Article 71 of Regulation (EU) No 1303/2013 (see Appendix 4).
Appendix 3
Amounts to be recovered as at the end of the accounting year — Article 137(1)(b) of Regulation (EU) No 1303/2013
Priority
Total eligible amount of expenditure (1)
Corresponding public expenditure
(A)
(B)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (3)
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
Split of amounts to be recovered as at the end of the accounting year by accounting year of declaration of the corresponding expenditure
In relation to accounting year ending 30 June 2015 (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
In relation to accounting year ending 30 June … (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
Total eligible amount of expenditure (4)
Corresponding public expenditure
(A)
(B)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
Split of amounts to be recovered as at the end of the accounting year by accounting year of declaration of the corresponding expenditure
In relation to accounting year ending 30 June 2015 (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
In relation to accounting year ending 30 June … (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
(1) Including expenditure to be recovered under Article 71 of Regulation (EU) No 1303/2013.
(2) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(3) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(4) Including expenditure to be recovered under Article 71 of Regulation (EU) No 1303/2013.
Appendix 4
Recoveries effected pursuant to Article 71 of Regulation (EU) No 1303/2013 during the accounting year — Article 137(1)(b) of Regulation (EU) No 1303/2013
Priority
RECOVERIES
Total eligible amount of expenditure
Corresponding public expenditure
(A)
(B)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
YEI (1)
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G' (2)
Split of amounts recovered during the accounting year by accounting year of declaration of the corresponding expenditure
In relation to accounting year ending 30 June 2015 (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
In relation to accounting year ending 30 June … (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
RECOVERIES
Total eligible amount of expenditure
Corresponding public expenditure
(A)
(B)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
Split of amounts recovered during the accounting year by accounting year of declaration of the corresponding expenditure
In relation to accounting year ending 30 June 2015 (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
In relation to accounting year ending 30 June … (total)
type='Cu' input='M'
type='Cu' input='M'
Out of which amounts corrected as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
(1) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(2) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
Appendix 5
Irrecoverable amounts as at the end of the accounting year — Article 137(1)(b) of Regulation (EU) No 1303/2013
Priority
IRRECOVERABLE AMOUNTS
Total eligible amount of expenditure (1)
Corresponding public expenditure
Comments (Obligatory)
(A)
(B)
(C)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Priority 4
YEI (3)
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
IRRECOVERABLE AMOUNTS
Total eligible amount of expenditure (4)
Corresponding public expenditure
Comments (Obligatory)
(A)
(B)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='S' maxlength='1500' input='M'
GRAND TOTAL
type='Cu' input='G'
type='Cu' input='G'
(1) Including irrecoverable public expenditure under Article 71 of Regulation (EU) No 1303/2013.
(2) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(3) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(4) Including irrecoverable public expenditure under Article 71 of Regulation (EU) No 1303/2013.
Appendix 6
Amounts of programme contributions paid to financial instruments under Article 41 of Regulation (EU) No 1303/2013 (cumulative from the start of the programme) — Article 137(1)(c) of Regulation (EU) No 1303/2013
Programme contributions paid to financial instruments included in payment applications
Amounts paid as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (1)
(A)
(B)
(C)
(D)
Priority
Total amount of programme contributions paid to financial instruments
Amount of corresponding public expenditure
Total amount of programme contributions effectively paid, or, in the case of guarantees, committed, as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (2)
Amount of corresponding public expenditure
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transitional regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (3)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (4)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Programme contributions paid to financial instruments included in payment applications
Amounts paid as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (5)
(A)
(B)
(C)
(D)
Priority
Total amount of programme contributions paid to financial instruments
Amount of corresponding public expenditure
Total amount of programme contributions effectively paid, or, in the case of guarantees, committed, as eligible expenditure in the meaning of Article 42(1)(a), (b) and (d) of Regulation (EU) No 1303/2013 (5)
Amount of corresponding public expenditure
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
(1) At closure, the eligible expenditure shall respect the provisions of Article 42(1), (2) and (3) of Regulation (EU) No 1303/2013.
(2) At closure, the eligible expenditure shall respect the provisions of Article 42(1), (2) and (3) of Regulation (EU) No 1303/2013.
(3) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and the corresponding ESF support.
(4) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and the corresponding ESF support.
(5) At closure, the eligible expenditure shall respect the provisions of Article 42(1), (2) and (3) of Regulation (EU) No 1303/2013.
Appendix 7
Advances paid in the context of State aid under Article 131(5) of Regulation (EU) No 1303/2013 (cumulative from the start of the programme) — Article 137(1)(c) of Regulation (EU) No 1303/2013
Priority
Total amount paid from the operational programme as advances (1)
Amount which has been covered by expenditure paid by beneficiaries within 3 years of the payment of the advance
Amount which has not been covered by expenditure paid by beneficiaries and for which the 3 year period has not yet elapsed
(A)
(B)
(C)
Priority 1
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI (2)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
Less developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Transition regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
More developed regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
YEI
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 4
YEI (3)
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
Total amount paid from the operational programme as advances (4)
Amount which has been covered by expenditure paid by beneficiaries within three years of the payment of the advance
Amount which has not been covered by expenditure paid by beneficiaries and for which the three year period has not yet elapsed
(A)
(B)
(C)
Priority 1
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 2
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Priority 3
type='Cu' input='M'
type='Cu' input='M'
type='Cu' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
(1) This amount is included in the Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations as mentioned in the payment application. As State aid is by nature public expenditure, this total amount is equal to public expenditure.
(2) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers YEI specific allocation and the corresponding ESF support.
(3) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013. Covers the specific allocation for the YEI and ESF corresponding support.
(4) This amount is included in the total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations as mentioned in the payment application. As State aid is by nature public expenditure, this total amount is equal to public expenditure.
Appendix 8
Reconciliation of expenditure — Article 137(1)(d) of Regulation (EU) No 1303/2013
Priority
Total eligible expenditure included in payment applications submitted to the Commission (1)
Expenditure declared in accordance with Article 137(1)(a) of Regulation (EU) No 1303/2013 (2)
Difference (3)
Comments (obligatory in case of difference)
Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations
Total amount of public expenditure incurred in implementing operations
Total amount of eligible expenditure entered into the accounting systems of the Certifying Authority and which has been included in the payment applications submitted to the Commission
Total amount of the corresponding public expenditure incurred in implementing operations
(E = A – C)
(F = B – D)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
Priority 1
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
YEI (4)
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Priority 2
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Priority 3
YEI (5)
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Totals
Less developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Transition regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
More developed regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Outermost regions and Northern sparsely populated regions
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
YEI
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Out of which amounts corrected in the current accounts as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
The model is automatically adjusted on basis of the CCI. As an example, in case of programmes not including categories of regions (Cohesion Fund, ETC, EMFF, ENI and IPA contributions to ETC, YEI dedicated operational programme without technical assistance, if applicable) the table shall look as follows:
Priority
Total eligible expenditure included in payment application submitted to the Commission (6)
Expenditure declared in accordance with Article 137(1)(a) of Regulation (EU) No 1303/2013 (7)
Difference (8)
Comments (obligatory in case of difference)
Total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations
Total amount of public expenditure incurred in implementing operations
Total amount of eligible expenditure entered into the accounting systems of the Certifying Authority and which has been included in the payment applications submitted to the Commission
Total amount of the corresponding public expenditure incurred in implementing operations
(E = A – C)
(F = B – D)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
Priority 1
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Priority 2
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='S' maxlength='500' input='M'
Grand Total
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
type='Cu' input='G'
Out of which amounts corrected in the current accounts as a result of audits of operations according to Article 127(1) of Regulation (EU) No 1303/2013
type='Cu' input='M'
type='Cu' input='M'
(1) Automatically filled in on basis of the final interim payment application submitted under Article 135(2) of Regulation (EU) No 1303/2013.
(2) Automatically filled in on basis of Appendix I.
(3) Automatically calculated.
(4) The YEI is implemented through part of a priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(5) The YEI is implemented through a dedicated priority as referred to in Article 18 of Regulation (EU) No 1304/2013.
(6) Automatically filled in on basis of the final interim payment application submitted under Article 135(2) of Regulation (EU) No 1303/2013.Automatically filled in on basis of the final interim payment application submitted under Article 135(2) of Regulation (EU) No 1303/2013.
(7) Automatically filled in on basis of Appendix I.
(8) Automatically calculated. |
18.11.2014
EN
Official Journal of the European Union
L 331/24
COUNCIL DECISION 2014/800/CFSP
of 17 November 2014
launching the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) and amending Decision 2014/486/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28 and Articles 42(4) and 43(2) thereof,
Having regard to Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (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 22 July 2014, the Council adopted Decision 2014/486/CFSP.
(2)
On 20 October 2014, the Council approved the operation plan for EUAM Ukraine.
(3)
Following the recommendation of the Civilian Operation Commander and after EUAM Ukraine having reached the initial operational capability, EUAM Ukraine should be launched on 1 December 2014.
(4)
Decision 2014/486/CFSP foresaw the financial reference amount of EUR 2 680 000 for the period until 30 November 2014. A new financial reference amount for the period of 12 months starting on 1 December 2014 should be provided. Decision 2014/486/CFSP should therefore be amended.
(5)
EUAM Ukraine 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
The European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) shall be launched on 1 December 2014.
Article 2
The Civilian Operation Commander for EUAM Ukraine is hereby authorised with immediate effect to start execution of the operation.
Article 3
Article 14(1) of Decision 2014/486/CFSP is replaced by the following:
‘1. The financial reference amount intended to cover the expenditure related to EUAM Ukraine until 30 November 2014 shall be EUR 2 680 000. The financial reference amount intended to cover the expenditure related to EUAM Ukraine for the period from 1 December 2014 to 30 November 2015 shall be EUR 13 100 000. The financial reference amount for the subsequent periods shall be decided by the Council.’
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 17 November 2014.
For the Council
The President
F. MOGHERINI
(1) OJ L 217, 23.7.2014, p. 42. |
25.3.2014
EN
Official Journal of the European Union
L 89/36
COMMISSION REGULATION (EU) No 298/2014
of 21 March 2014
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Magnesium dihydrogen diphosphate for use as raising agent and acidity regulator
(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 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Article 10(3), Article 14 and Article 30(5) thereof,
Having regard to Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2), and in particular Article 7(5) thereof,
Whereas:
(1)
Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.
(2)
Commission Regulation (EU) No 231/2012 (3) lays down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008.
(3)
The Union list and the specifications may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008 either on the initiative of the Commission or following an application
(4)
An application for authorisation of the use of Magnesium dihydrogen diphosphate as a raising agent and acidity regulator in certain food categories was submitted on 7 April 2011 and was made available to the Member States.
(5)
Phosphoric acid - phosphates - di - tri- and polyphosphates (E 338 -452) are authorised for use in fine bakery ware as raising agents. Diphosphates (E 450), specified in Regulation (EU) No 231/2012, may be used as an alternative to Sodium aluminium phosphate (E541) thus reducing the aluminium content of processed foods. The currently specified diphosphates have an astringent aftertaste (‘pyro-taste’) and may contribute to the total sodium content of food.
(6)
Specifications for Magnesium dihydrogen diphosphate should be set out in the Annex to Regulation (EU) No 231/2012, since the substance could be used as an alternative to the other diphosphates in order to reduce the ‘pyro-taste’ and to avoid increasing the sodium level of a food. Therefore, the use of Magnesium dihydrogen diphosphatese should be authorized in the categories 6.2.1: Flours, only self-raising flour; 6.5: Noodles; 6.6: Batters; 7.1: Bread and rolls and 7.2: Fine bakery wares. The number E 450 (ix) should be assigned to Magnesium dihydrogen diphosphate.
(7)
Similar substances, with equal or higher magnesium content compared to Magnesium dihydrogen diphosphate, the mono- and dibasic magnesium salts of orthophosphoric acid (E343i; E343ii) are already authorised for use in the same food categories. The inclusion of Magnesium dihydrogen diphosphate as an alternative diphosphate in the annex of Regulation (EU) No 231/2012 and its subsequent use in foodstuffs will not result in an increase of phosphorous or magnesium intake. Therefore, the establishment of the specification and the specific authorisation of the use of Magnesium dihydrogen diphosphate (E 450 (ix)) as a raising agent and acidity regulator is not considered of safety concern.
(8)
Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the inclusion of Magnesium dihydrogen diphosphate in the annex of EC regulation 231/2012 and the authorisation of the use of Magnesium dihydrogen diphosphate (E 450 (ix)) as a raising agent is not considered of safety concern it is not necessary to seek the opinion of the European Food Safety Authority.
(9)
Regulations (EC) No 1333/2008 and (EU) No 231/2012 should therefore be amended accordingly.
(10)
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
Annex II to Regulation (EC) No 1333/2008 is amended in accordance with Annex I to this Regulation.
Article 2
The Annex to Regulation (EU) No 231/2012 is amended in accordance with Annex II to 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, 21 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 354, 31.12.2008, p. 16.
(2) OJ L 354, 31.12.2008, p. 1.
(3) Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).
ANNEX I
Annex II to Regulation (EC) No 1333/2008 is amended as follows:
(1)
The tabel in point (l) of Part C, is replaced by the following table:
‘E-number
Name
E 338
Phosphoric acid
E 339
Sodium phosphates
E 340
Potassium phosphates
E 341
Calcium phosphates
E 343
Magnesium phosphates
E 450
Diphosphates (1)
E451
Triphosphates
E 452
Polyphosphates
(2)
Part E of Annex II to Regulation (EC) No 1333/2008 is amended as follows:
(a)
In category 06.2.1 ‘Flours’, the following entry is inserted after the entry E 338 - 452:
‘E 450 (ix)
Magnesium dihydrogen diphosphate
15 000
(4)(81)
Only self raising flour
(81) the total amount of phosphates shall not exceed the maximum level for E 338 - 452’
(b)
In category 06.5 ‘Noodles’, the following entry is inserted after the entry E 338 - 452:
‘E 450 (ix)
Magnesium dihydrogen diphosphate
2 000
(4)(81)
(81) the total amount of phosphates shall not exceed the maximum level for E 338 - 452’
(c)
In category 06.6 ‘Batters’, the following entry is inserted after the entry for E 338 - 452:
‘E 450 (ix)
Magnesium dihydrogen diphosphate
12 000
(4)(81)
(81) the total amount of phosphates shall not exceed the maximum level for E 338 - 452’
(d)
In category 07.1 ‘Bread and rolls’, the following entry is inserted after the entry for E 338 - 452:
‘E 450 (ix)
Magnesium dihydrogen diphosphate
15 000
(4)(81)
Only pizza dough (frozen or chilled) and “tortilla” ’
(e)
In category 07.2 ‘Fine bakery ware’, the following entry is inserted after the entry for E 338 - 452:
‘E 450 (ix)
Magnesium dihydrogen diphosphate
15 000
(4)(81)
(81) the total amount of phosphates shall not exceed the maximum level for E 338 - 452’
(1) E 450 (ix) is not included’
ANNEX II
In the Annex to Regulation (EU) No 231/2012, the following entry is inserted after the specifications for food additive E 450 (vii):
‘E 450(ix) MAGNESIUM DIHYDROGEN DIPHOSPHATE
Synonyms
Acid magnesium pyrophosphate, monomagnesium dihydrogen pyrophosphate; magnesium diphosphate, magnesium pyrophosphate
Definition
Magnesium dihydrogen diphosphate is the acidic magnesium salt of diphosphoric acid. It is manufactured by adding an aqueous dispersion of magnesium hydroxide slowly to phosphoric acid, until a molar ratio about 1:2 between Mg and P is reached. The temperature is held under 60 °C during the reaction. About 0,1 % hydrogen peroxide is added to the reaction mixture and the slurry is then heated and milled.
EINECS
244-016-8
Chemical name
Mono magnesium dihydrogen diphosphate
Chemical formula
MgH2P2O7
Molecular Weight
200,25
Assay
P2O5 content not less than 68,0 % and not more than 70,5 % expressed as P2O5
MgO content not less than 18,0 % and not more than 20,5 % expressed as MgO
Description
White crystals or powder
Identification
Solubility
Slightly soluble in water, practically insoluble in ethanol
Particle size:
The average particle size will deviate between 10 and 50 μm
Purity
Loss on ignition
Not more than 12 % (800 °C, 0,5 hours)
Fluoride
Not more than 20 mg/kg (expressed as fluorine)
Aluminium
Not more than 50 mg/kg
Arsenic
Not more than 1 mg/kg
Cadmium
Not more than 1 mg/kg.
Lead
Not more than 1 mg/kg’ |
14.1.2014
EN
Official Journal of the European Union
L 9/1
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
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 by fishery or group of fisheries in the Black Sea, including certain conditions functionally linked thereto, as appropriate. Fishing opportunities should be allocated to Member States in such a way as to ensure relative stability of fishing activities of each Member State for each fish stock or fishery and having due regard to the objectives of the Common Fisheries Policy established in Regulation (EU) No 1380/2013.
(4)
TACs should be established on the basis of the 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.
(5)
The use of fishing opportunities set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (2) and in particular to Articles 33 and 34 thereof concerning, respectively, the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by the Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(6)
In accordance with Article 2 of Council Regulation (EC) No 847/96 (3), the stocks that are subject to the various measures referred to therein must be identified.
(7)
In order to avoid interruption of fishing activities and to ensure the livelihood of Union fishermen, it is important to open the fisheries concerned in the Black Sea on 1 January 2014. For reasons of urgency, this Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation fixes the fishing opportunities for 2014 for certain fish stocks and groups of fish stocks in the Black Sea.
Article 2
Scope
This Regulation shall apply to EU vessels operating in the Black Sea.
Article 3
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘GFCM’ means General Fisheries Commission for the Mediterranean;
(b)
‘Black Sea’ means the geographical subarea 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and the Council (4) and in Resolution GFCM/33/2009/2;
(c)
‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
(d)
‘total allowable catch (TAC)’ means the quantity that can be taken from each stock each year;
(e)
‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country.
CHAPTER II
FISHING OPPORTUNITIES
Article 4
TACs and allocation
The TACs for EU vessels, the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5
Special provisions on allocations
The allocation of fishing opportunities among Member States as set out in 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 Regulation (EC) No 1224/2009;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
Article 6
Conditions for landing catches and by-catches
Fish from stocks for which fishing opportunities are fixed by this Regulation shall be retained on board or landed only if:
(a)
the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or
(b)
the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.
CHAPTER III
FINAL PROVISIONS
Article 7
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send 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 8
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 January 2014.
For the Council
The President
D. KOURKOULAS
(1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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) 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).
(3) 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).
(4) Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).
ANNEX
TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA
The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.
Fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:
Scientific name
Alpha-3 code
Common name
Psetta maxima
TUR
Turbot
Sprattus sprattus
SPR
Sprat
Species
:
Turbot
Psetta maxima
Zone
:
EU waters in the Black Sea
TUR/F37.4.2.C
Bulgaria
43,2
Romania
43,2
Union
86,4 (1)
TAC
Not relevant
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
:
Sprat
Sprattus sprattus
Zone
:
EU waters in the Black Sea
SPR/F37.4.2.C
Bulgaria
8 032,5
Romania
3 442,5
Union
11 475
TAC
Not relevant
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
(1) No fishing activity, including transhipment, taking on board, landing and first sale shall be permitted from 15 April to 15 June 2014. |
5.12.2014
EN
Official Journal of the European Union
L 349/58
COUNCIL DECISION 2014/872/CFSP
of 4 December 2014
amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, and Decision 2014/659/CFSP amending Decision 2014/512/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).
(2)
On 8 September 2014, the Council adopted Decision 2014/659/CFSP (2) in order to impose further restrictive measures.
(3)
The Council considers it necessary to clarify certain provisions.
(4)
Further action by the Union is needed in order to implement certain measures,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/512/CFSP is hereby amended as follows:
(1)
Article 1 is amended as follows:
(a)
paragraph 3 is replaced by the following:
‘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 direct or indirect imports or exports of goods and non-financial services between the Union and Russia or any other third State, or for loans that have a specific and documented objective to provide emergency funding to meet the solvency and liquidity criteria for legal persons established in the Union, whose proprietary rights are owned for more than 50 % by an entity referred to in Annex I.’
;
(b)
the following paragraph is added:
‘4. The prohibition in paragraph 3 shall not apply to drawdown or disbursements made under a contract concluded before 12 September 2014 if:
(a)
all the terms and conditions of such drawdown or disbursements:
(i)
were agreed before 12 September 2014; and
(ii)
have not been modified on or after that date; and
(b)
before 12 September 2014, a contractual maturity date had been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract.
The terms and conditions of drawdowns and disbursements referred to in this paragraph include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.’
.
(2)
In Article 2, paragraph 4 is replaced by the following:
‘4. The prohibition in paragraphs 1, 2 and 3 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts, and to the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union.’
.
(3)
In Article 3, paragraph 3 is replaced by the following:
‘3. The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts.’
.
(4)
In Article 3a, paragraph 3 is replaced by the following:
‘3. The prohibitions in paragraph 1 and 2 shall be without prejudice to the execution of contracts concluded before 12 September 2014 or ancillary contracts necessary for the execution of such contracts, and to the provision of assistance necessary for the maintenance and safety of existing capabilities within the EU.’
.
(5)
Article 4 is replaced by the following:
‘Article 4
1. The direct or indirect sale, supply, transfer or export of certain equipment suited to the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be subject to prior authorisation by the competent authority of the exporting Member State:
(a)
oil exploration and production in waters deeper than 150 metres;
(b)
oil exploration and production in the offshore area north of the Arctic Circle;
(c)
projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
2. The provision of:
(a)
technical assistance or other services related to the equipment referred to in paragraph 1;
(b)
financing or financial assistance for any sale, supply, transfer or export of the equipment referred to in paragraph 1 or for the provision of related technical assistance or training;
shall also be subject to prior authorisation by the competent authority of the exporting Member State.
3. The competent authorities of the Member States shall not grant any authorisation for any sale, supply, transfer or export of the equipment or the provision of the services, as referred to in paragraphs 1 and 2, if they determine that the sale, supply, transfer or export concerned or the provision of the service concerned is destined for one of the categories of exploration and production referred to in paragraph 1.
4. Paragraph 3 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts.
5. An authorisation may be granted where the sale, supply, transfer or export of the items or the provision of the services, as referred to in paragraphs 1 and 2, is 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. In duly justified cases of emergency, the sale, supply, transfer or export or the provision of services, as referred to in paragraphs 1 and 2, may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export or the provision of services has taken place, providing detail about the relevant justification for the sale, supply, transfer or export or the provision of services without prior authorisation.’
.
(6)
In Article 4a, paragraph 1 is replaced by the following:
‘1. The direct or indirect provision of associated services necessary for the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited:
(a)
oil exploration and production in waters deeper than 150 metres;
(b)
oil exploration and production in the offshore area north of the Arctic Circle;
(c)
projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.’
.
Article 2
Recital 5 of Decision 2014/659/CFSP is replaced by the following:
‘(5)
In this context, it is appropriate to extend the prohibition in relation to certain financial instruments. Additional restrictions on access to the capital market should be imposed in relation to State-owned Russian financial institutions, certain Russian entities in the defence sector, and certain Russian entities whose main business is the sale or transportation of oil. These prohibitions do not affect the financial services not referred to in Article 1.’
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, 4 December 2014.
For the Council
The President
S. GOZI
(1) 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).
(2) 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 (OJ L 271, 12.9.2014, p. 54). |
14.2.2014
EN
Official Journal of the European Union
L 44/1
COMMISSION REGULATION (EU) No 139/2014
of 12 February 2014
laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
(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 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), amended by Regulation (EC) No 1108/2009 (2), and in particular Article 8a(5) thereof,
Whereas:
(1)
Regulation (EC) No 216/2008 aims at establishing and maintaining a high uniform level of civil aviation safety in Europe.
(2)
The implementation of Regulation (EC) No 216/2008 requires the establishment of detailed Implementing Rules, in particular concerning the safety regulation of aerodromes, in order to maintain a high uniform level of civil aviation safety in the Union while pursuing the objective of an overall improvement in aerodrome safety.
(3)
It requires the Commission to adopt the necessary Implementing Rules for establishing the conditions for the design and safe operation of aerodromes referred to in Article 8a(5) before 31 December 2013.
(4)
In order to ensure a smooth transition and a high level of civil aviation safety in the Union, the Implementing Rules should reflect the state of the art and the best practices in the field of aerodromes; take into account the applicable International Civil Aviation Organization (hereinafter referred to as ‘ICAO’) Standards and Recommended Practices, thereby respecting ICAO’s respective classification throughout the system of rules; and worldwide aerodrome operation experience, and scientific and technical progress in the field of aerodromes; be proportionate to the size, traffic, category and complexity of the aerodrome and nature and volume of operations thereon; provide for the necessary flexibility for customised compliance; and cater for the cases of aerodrome infrastructure which has been developed, prior to the entry into force of this Regulation, in accordance with the different requirements contained in the national legislations of the Member States.
(5)
It is necessary to provide sufficient time for the aerodrome industry and Member States administrations to adapt to the new regulatory framework and to verify the continued validity of certificates issued before the entry into force of this Regulation.
(6)
With a view to ensuring uniformity in the application of common requirements, it is essential that common standards be applied by the Competent Authorities and, where applicable, the European Aviation Safety Agency (‘the Agency’) when assessing compliance with these requirements; the Agency should develop Acceptable Means of Compliance and Guidance Material to facilitate the necessary regulatory uniformity. The common requirements should cater for identical processes within the competent authorities across the different aviation domains. They should not prevent, however, the application of slightly different processes if and where necessary or beneficial, for example in the case of separate overseeing entities for aerodromes and air operations. The safety objective of these requirements should remain unaffected by the different ways of technical compliance.
(7)
With regard to obstacle management in the aerodrome surroundings as well as to other activities taking place outside the aerodrome’s boundary, each Member State may designate different authorities and other entities in charge of monitoring, assessment and mitigation risks. The aim of this Regulation is not to change current allocation of tasks within the Member State. However, a seamless organisation of the competences regarding the safeguarding of aerodrome surroundings and the monitoring and mitigating of risk caused by human activities should be ensured in each Member State. It should therefore be ensured that authorities which are entrusted with responsibilities of safeguarding the surrounding of aerodromes have the adequate competencies to fulfil their obligations.
(8)
Specific services referred to in subpart B of Annex IV (Part ADR.OPS) should be provided at an aerodrome. In some cases these services are not directly provided by the aerodrome operator, but by another organisation or State entity, or combination of both. In such cases the aerodrome operator, being responsible for the operation of the aerodrome, should have arrangements and interfaces with these organisations or entities in place to ensure the provision of services according to the requirements stated in Annex IV. When such arrangements and interfaces are in place the aerodrome operator should be considered as having discharged their responsibility and should not be understood to be directly responsible or liable for any non-compliances by another entity involved in the arrangement, provided that it has complied with all applicable requirements and obligations laid down in this Regulation relevant to its responsibility under the arrangement.
(9)
Regulation (EC) No 216/2008 only concerns aerodrome certificates to be issued by Competent Authorities in so far as safety aspects are concerned. Therefore, non-safety related aspects of existing national aerodrome certificates remain unaffected.
(10)
The measures provided for in this Regulation are based on the Opinion issued by the Agency in accordance with Article 17(2)(b) and Article 19(1) of Regulation (EC) No 216/2008.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation lays down detailed rules on:
(a)
the conditions for establishing and notifying to the applicant the certification basis applicable to an aerodrome as set out in Annexes II and III;
(b)
the conditions for issuing, maintaining, amending, limiting, suspending or revoking certificates for aerodromes, and certificates for organisations responsible for the operation of aerodromes, including operating limitations related to the specific design of the aerodrome as set out in Annexes II and III;
(c)
the conditions for operating an aerodrome in compliance with the essential requirements set out in Annex Va and, if applicable, Annex Vb to Regulation (EC) No 216/2008 as set out in Annex IV;
(d)
the responsibilities of the holders of certificates as set out in Annex III;
(e)
the conditions for the acceptance and for the conversion of existing aerodrome certificates issued by Member States;
(f)
the conditions for the decision not to permit exemptions referred to in Article 4(3b) of Regulation (EC) No 216/2008, including criteria for cargo aerodromes, the notification of exempted aerodromes and for the review of granted exemptions;
(g)
the conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety as set out in Annex III;
(h)
certain conditions and procedures for the declaration by and for the oversight of apron management service providers referred to in paragraph 2(e) of Article 8a of Regulation (EC) No 216/2008 as set out in Annexes II and III.
2. Competent Authorities involved in the certification and oversight of aerodromes, aerodrome operators and apron management service providers shall comply with the requirements laid down in Annex II.
3. Aerodrome operators and providers of apron management services shall comply with the requirements laid down in Annex III.
4. Aerodrome operators shall comply with the requirements laid down in Annex IV.
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
(1)
‘aerodrome’ means a defined area (including any buildings, installations and equipment) on land or water or on a fixed, fixed offshore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
(2)
‘aeroplane’ means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
(3)
‘aircraft’ means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;
(4)
‘apron’ means a defined area intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;
(5)
‘apron management service’ means a service provided to manage the activities and the movement of aircraft and vehicles on an apron;
(6)
‘audit’ means a systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which requirements are complied with;
(7)
‘certification specifications’ mean technical standards adopted by the Agency indicating means to show compliance with Regulation (EC) No 216/2008 and its Implementing Rules and which can be used by an organisation for the purpose of certification;
(8)
‘Competent Authority’ means an authority designated within each Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes, as well as personnel and organisations involved therein;
(9)
‘continuing oversight’ means the tasks which are conducted for the implementation of the oversight programme at any time by the Competent Authority to verify that the conditions under which a certificate has been granted continue to be fulfilled during its period of validity;
(10)
‘Deviation Acceptance and Action Document’ (DAAD) means a document established by the Competent Authority to compile evidence provided to justify the acceptance of deviations from the certification specifications issued by the Agency;
(11)
‘inspection’ means an independent evaluation by observation and judgement accompanied as appropriate by measurement, testing or gauging, in order to verify compliance with applicable requirements;
(12)
‘movement’ means either a take-off or landing;
(13)
‘obstacle’ means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that:
—
are located on an area intended for the surface movement of aircraft, or
—
extend above a defined surface intended to protect aircraft in flight, or
—
stand outside those defined surfaces and that have been assessed as being a hazard to air navigation;
(14)
‘obstacle limitation surface’ means a surface that defines the limits to which objects may project into the airspace;
(15)
‘obstacle protection surface’ means a surface established for visual approach slope indicator system above which objects or extensions of existing objects shall not be permitted except when, in the opinion of the appropriate authority, the new object or extension would be shielded by an existing immovable object.
Article 3
Oversight of aerodromes
1. Member States shall designate one or more entities as the Competent Authority(ies) within that Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes, as well as personnel and organisations involved therein.
2. The Competent Authority shall be independent from aerodrome operators and providers of apron management services. This independence shall be achieved through separation, at functional level at least, between the Competent Authority and these aerodrome operators and providers of apron management services. Member States shall ensure that Competent Authorities exercise their powers impartially and transparently.
3. If a Member State designates more than one entity as Competent Authority the following conditions shall be fulfilled:
(a)
each Competent Authority shall be responsible for specifically defined tasks and a determined geographic area; and
(b)
coordination shall be established between these Authorities in order to ensure effective oversight of all aerodromes and aerodrome operators, as well as providers of apron management services.
4. Member States shall ensure that the Competent Authority(ies) has(ve) the necessary capabilities and resources to fulfil their requirements under this Regulation.
5. Member States shall ensure that Competent Authorities’ personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.
6. Personnel authorised by the Competent Authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks:
(a)
examine the records, data, procedures and any other material relevant to the execution of the certification and/or oversight task;
(b)
take away copies of or extracts from such records, data, procedures and other material;
(c)
ask for an oral explanation on-site;
(d)
enter aerodromes, relevant premises, operating sites or other relevant areas and means of transport;
(e)
perform audits, investigations, tests, exercises, assessments and inspections;
(f)
take or initiate enforcement measures as appropriate.
7. The tasks in paragraph 6 shall be carried out in compliance with the national legislation of the Member States.
Article 4
Information to the European Aviation Safety Agency
Within three months after the entry into force of this Regulation the Member States shall inform the European Aviation Safety Agency (‘the Agency’) of the names, locations, ICAO airport codes of the aerodromes and the names of aerodrome operators, as well as the number of passengers and cargo movements of the aerodromes to which the provisions of Regulation (EC) No 216/2008 and this Regulation apply.
Article 5
Exemptions
1. The Member State shall notify the Agency about their decision to grant an exemption in accordance with Article 4(3b) of Regulation (EC) No 216/2008, within one month following the decision being taken. The information transmitted to the Agency shall include the list of aerodromes concerned, the name of the aerodrome operator and the number of passengers and cargo movements of the aerodrome of the relevant year.
2. The Member State shall on an annual basis examine the traffic figures of an exempted aerodrome. If the traffic figures at such an aerodrome have exceeded those provided for in Article 4(3b) of Regulation (EC) No 216/2008 over the last three consecutive years they shall inform the Agency and revoke the exemption.
3. The Commission may at any time decide not to permit an exemption in the following cases:
(a)
the general safety objectives of Regulation (EC) No 216/2008 are not met;
(b)
the relevant passenger and cargo traffic figures have been exceeded over the last three consecutive years;
(c)
where the exemption does not comply with any other relevant EU legislation.
4. Where the Commission decided that exemption is not allowed, the Member State concerned shall revoke the exemption.
Article 6
Conversion of certificates
1. Certificates issued by the Competent Authority prior to 31 December 2014 on the basis of national legislations shall remain valid until they are issued in accordance with this Article, or if no such certificates are issued, 31 December 2017.
2. Before the end of the period specified in paragraph 1, the Competent Authority shall issue certificates for the aerodromes and aerodrome operators concerned, if the following conditions are met:
(a)
the certification basis referred to in Annex II has been established using the certification specifications issued by the Agency, including any cases of equivalent level of safety and special conditions which have been identified and documented;
(b)
the certificate holder has demonstrated compliance with the certification specifications which are different from the national requirements on which the existing certificate was issued;
(c)
the certificate holder has demonstrated compliance with those requirements of Regulation (EC) No 216/2008 and its Implementing Rules which are applicable to its organisation and its operation and which are different from the national requirements on which the existing certificate was issued.
3. By way of derogation from paragraph 2 point (b), the Competent Authority may decide to waiver demonstration of compliance if it considers that this demonstration creates an excessive or disproportionate effort.
4. The Competent Authority shall keep records, for a minimum period of five years, of the documents related to the conversion of certificates procedure.
Article 7
Deviations from certification specifications
1. The Competent Authority may, until 31 December 2024, accept applications for a certificate including deviations from the certification specifications issued by the Agency, if the following conditions are met:
(a)
the deviations do not qualify as an equivalent level of safety case under ADR.AR.C.020, nor qualify as a case of special condition under ADR.AR.C.025 of Annex II to this Regulation;
(b)
the deviations existed prior to the entry into force of this Regulation;
(c)
the essential requirements of Annex Va to Regulation (EC) No 216/2008 are respected by the deviations, supplemented by mitigating measures and corrective actions as appropriate;
(d)
a supporting safety assessment for each deviation has been completed.
2. The Competent Authority shall compile the evidence supporting the fulfilment of the conditions referred to in paragraph 1 in a Deviation Acceptance and Action Document (DAAD). The DAAD shall be attached to the certificate. The Competent Authority shall specify the period of validity of the DAAD.
3. The aerodrome operator and the Competent Authority shall verify that the conditions referred to in paragraph 1 continue to be fulfilled. If such is not the case the DAAD shall be amended, suspended or withdrawn.
Article 8
Safeguarding of aerodrome surroundings
1. Member States shall ensure that consultations are conducted with regard to safety impacts of constructions proposed to be built within the limits of the obstacle limitation and protection surfaces as well as other surfaces associated with the aerodrome.
2. Member States shall ensure that consultations are conducted with regard to safety impacts of constructions proposed to be built beyond the limits of the obstacle limitation and protection surfaces as well as other surfaces associated with the aerodrome and which exceed the height established by Member States.
3. Member States shall ensure coordination of the safeguarding of aerodromes located near national borders with other Member States.
Article 9
Monitoring of aerodrome surroundings
Member States shall ensure that consultations are conducted with regard to human activities and land use such as:
(a)
any development or change in land use in the aerodrome area;
(b)
any development which may create obstacle-induced turbulence that could be hazardous to aircraft operations;
(c)
the use of hazardous, confusing and misleading lights;
(d)
the use of highly reflective surfaces which may cause dazzling;
(e)
the creation of areas that might encourage wildlife activity harmful to aircraft operations;
(f)
sources of non-visible radiation or the presence of moving or fixed objects which may interfere with, or adversely affect, the performance of aeronautical communications, navigation and surveillance systems.
Article 10
Wildlife hazard management
1. Member States shall ensure that wildlife strike hazards are assessed through:
(a)
the establishment of a national procedure for recording and reporting wildlife strikes to aircraft;
(b)
the collection of information from aircraft operators, aerodrome personnel and other sources on the presence of wildlife constituting a potential hazard to aircraft operations; and
(c)
an ongoing evaluation of the wildlife hazard by competent personnel.
2. Member States shall ensure that wildlife strike reports are collected and forwarded to ICAO for inclusion in the ICAO Bird Strike Information System (IBIS) database.
Article 11
Entry into force and application
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. Competent Authorities involved in the certification and oversight of aerodromes, aerodrome operators and apron management service providers shall comply with the requirements laid down in Annex II to this Regulation before 31 December 2017.
3. Annexes III and IV shall apply to aerodromes certified in accordance with Article 6 from the date of issuance of the certificate.
4. Aerodromes whose certification procedure was initiated before 31 December 2014, but have not been issued with a certificate by this date, shall only be issued a certificate when they comply with this Regulation.
5. Point ADR.AR.C.050 and point ADR.OR.B.060 of Annexes II and III to this Regulation, shall apply from the date on which the Implementing Rules regarding the provision of apron management services enter into force. Point ADR.AR.A.015 of Annex II and point ADR.OR.A.015 of Annex III shall apply to providers of apron management services from the date on which the Implementing Rules regarding the provision of apron management services enter into force.
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 79, 13.3.2008, p. 1.
(2) OJ L 309, 24.11.2009, p. 51.
ANNEX I
Definitions for terms used in Annexes II to IV
For the purpose of this Regulation the following definitions shall apply:
(1)
‘Acceptable Means of Compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules;
(2)
‘accelerate-stop distance available (ASDA)’ means the length of the take-off run available plus the length of the stopway, if provided;
(3)
‘aerodrome control service’ means an air traffic control (ATC) service for aerodrome traffic;
(4)
‘aerodrome equipment’ means any equipment, apparatus, appurtenance, software or accessory, that is used or intended to be used to contribute to the operation of aircraft at an aerodrome;
(5)
‘aeronautical data’ means a representation of aeronautical facts, concepts or instructions in a formalised manner suitable for communication, interpretation or processing;
(6)
‘aeronautical information service’ means a service established within the defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;
(7)
‘air navigation services’ means air traffic services; communication, navigation and surveillance services; meteorological services for air navigation; and aeronautical information services;
(8)
‘air traffic services’ means the various flight information services, alerting services, air traffic advisory services and air traffic control services (area, approach and aerodrome control services);
(9)
‘air traffic control (ATC) service’ means a service provided for the purpose of:
1.
preventing collisions:
—
between aircraft, and
—
in the manoeuvring area between aircraft and obstructions; and
2.
expediting and maintaining an orderly flow of air traffic;
(10)
‘aircraft stand’ means a designated area on an apron intended to be used for parking an aircraft;
(11)
‘aircraft stand taxilane’ means a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;
(12)
‘alternative means of compliance’ are those that propose an alternative to an existing Acceptable Means of Compliance or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated Acceptable Means of Compliance have been adopted by the Agency;
(13)
‘alerting service’ means a service provided to notify relevant organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required;
(14)
‘apron taxiway’ means a portion of a taxiway system located on an apron and intended to provide a through taxi-route across the apron;
(15)
‘clearway’ means a defined rectangular area on the ground or water under the control of the appropriate entity, selected or prepared as a suitable area over which an aeroplane may make a portion of its initial climb to a specified height;
(16)
‘dangerous goods’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Technical Instructions;
(17)
‘data quality’ means a degree or level of confidence that the data provided meet the requirements of the data user in terms of accuracy, resolution and integrity;
(18)
‘declared distances’ means:
—
‘take-off run available (TORA)’,
—
‘take-off distance available (TODA)’,
—
‘accelerate-stop distance available (ASDA)’,
—
‘landing distance available (LDA)’;
(19)
‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
(20)
‘human factors principles’ means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;
(21)
‘human performance’ means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;
(22)
‘instrument runway’ means one of the following types of runways intended for the operation of aircraft using instrument approach procedures:
1. ‘non-precision approach runway’: an instrument runway served by visual aids and a non-visual aid providing at least directional guidance adequate for a straight-in approach.
2. ‘precision approach runway, category I’: an instrument runway served by non-visual aids and visual aids, intended for operations with a decision height (DH) not lower than 60 m (200 ft) and either a visibility not less than 800 m or a runway visual range (RVR) not less than 550 m.
3. ‘precision approach runway, category II’: an instrument runway served by non-visual aids and visual aids intended for operations with a decision height (DH) lower than 60 m (200 ft) but not lower than 30 m (100 ft) and a runway visual range (RVR) not less than 300 m.
4. ‘precision approach runway, category III’: an instrument runway served by non-visual aids and visual aids to and along the surface of the runway and:
A.intended for operations with a decision height (DH) lower than 30 m (100 ft), or no decision height and a runway visual range (RVR) not less than 175 m; orB.intended for operations with a decision height (DH) lower than 15 m (50 ft), or no decision height and a runway visual range (RVR) less than 175 m but not less than 50 m; orC.intended for operations with no decision height (DH) and no runway visual range (RVR) limitations;
(23)
‘integrity’ means a degree of assurance that an aeronautical data and its value has not been lost nor altered since the data origination or authorized amendment.
(24)
‘landing distance available (LDA)’ means the length of runway which is declared available and suitable for the ground run of an aeroplane landing;
(25)
‘low visibility procedures’ means procedures applied at an aerodrome for the purpose of ensuring safe operations during lower than Standard Category I, other than Standard Category II, Category II and III approaches and low visibility take-offs;
(26)
‘low visibility take-off (LVTO)’ means a take-off with a runway visual range (RVR) lower than 400 m but not less than 75 m;
(27)
‘lower than Standard Category I operation’ means a Category I instrument approach and landing operation using Category I decision height (DH), with a runway visual range (RVR) lower than would normally be associated with the applicable decision height (DH) but not lower than 400 m;
(28)
‘manoeuvring area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;
(29)
‘meteorological services’ means those facilities and services that provide aircraft with meteorological forecasts, briefs and observations as well as any other meteorological information and data provided by States for aeronautical use;
(30)
‘marker’ means an object displayed above ground level in order to indicate an obstacle or delineate a boundary;
(31)
‘marking’ means a symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information;
(32)
‘movement area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft consisting of the manoeuvring area and the apron(s);
(33)
‘navigation services’ means those facilities and services that provide aircraft with positioning and timing information;
(34)
‘non-instrument runway’ means a runway intended for the operation of aircraft using visual approach procedures;
(35)
‘other than Standard Category II operation’ means a precision instrument approach and landing operation using ILS or MLS where some or all of the elements of the precision approach Category II light system are not available, and with:
—
decision height (DH) below 200 ft but not lower than 100 ft; and
—
runway visual range (RVR) of not less than 350 m;
(36)
‘oversight planning cycle’ means a time period in which continued compliance is verified;
(37)
‘rapid exit taxiway’ means a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;
(38)
‘runway’ means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;
(39)
‘runway type’ means instrument runway or non-instrument runway
(40)
‘runway visual range (RVR)’ means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;
(41)
‘safety management system’ means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;
(42)
‘stopway’ means a defined rectangular area on the ground at the end of take-off run available prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;
(43)
‘take-off distance available (TODA)’ means the length of the take-off run available plus the length of the clearway, if provided;
(44)
‘take-off run available (TORA)’ means the length of runway declared available and suitable for the ground run of an aeroplane taking off;
(45)
‘taxiway’ means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including:
—
aircraft stand taxilane,
—
apron taxiway,
—
rapid exit taxiway;
(46)
‘Technical Instructions’ means the latest effective edition of the ‘Technical Instructions for the Safe Transport of Dangerous Goods by Air’ (Doc 9284-AN/905), including the Supplement and any Addenda, approved and published by the International Civil Aviation Organization;
(47)
‘terms of the certificate’ means the following:
—
ICAO location indicator,
—
conditions to operate (VFR/IFR, day/night),
—
runway — declared distances,
—
runway type(s) and approaches provided,
—
aerodrome reference code,
—
scope of aircraft operations with higher aerodrome reference code letter,
—
provision of apron management services (yes/no),
—
rescue and firefighting level of protection;
(48)
‘visual aids’ means indicators and signalling devices, markings, lights, signs and markers or combinations thereof.
ANNEX II
Part Authority Requirements — Aerodromes (Part-ADR.AR)
SUBPART A — GENERAL REQUIREMENTS (ADR.AR.A)
ADR.AR.A.001 Scope
This Annex establishes requirements for the Competent Authorities involved in the certification and oversight of aerodromes, aerodrome operators and apron management service providers.
ADR.AR.A.005 Competent Authority
The Competent Authority designated by the Member State in which an aerodrome is located shall be responsible for the:
(a)
certification and oversight of aerodromes and its aerodrome operators;
(b)
oversight of providers of apron management services.
ADR.AR.A.010 Oversight documentation
(a)
The Competent Authority shall provide the relevant legislative acts, standards, rules, technical publications and related documents to its relevant personnel in order to perform their tasks and to discharge their responsibilities.
(b)
The Competent Authority shall make available legislative acts, standards, rules, technical publications and related documents to aerodrome operators and other interested parties to facilitate their compliance with the applicable requirements.
ADR.AR.A.015 Means of compliance
(a)
The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules. When the Acceptable Means of Compliance are complied with, the related requirements of the Implementing Rules are met.
(b)
Alternative means of compliance may be used to establish compliance with the Implementing Rules.
(c)
The Competent Authority shall establish a system to consistently evaluate that the alternative means of compliance used by itself or by aerodrome operators or providers of apron management services under its oversight provide for compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
(d)
The Competent Authority shall evaluate the alternative means of compliance proposed by an aerodrome operator or a provider of apron management services, in accordance with ADR.OR.A.015, by analysing the documentation provided and, if considered necessary, conducting an inspection of the aerodrome operator, the aerodrome or the provider of apron management services.
When the Competent Authority finds that the alternative means of compliance proposed by the aerodrome operator or the provider of apron management services are in accordance with the Implementing Rules, it shall without undue delay:
(1)
notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the certificate or approval of the applicant accordingly;
(2)
inform the Agency of their content, including copies of the relevant documentation;
(3)
inform other Member States about alternative means of compliance that were accepted; and
(4)
inform the other certified aerodromes located in the Member State of the Competent Authority, as appropriate.
(e)
When the Competent Authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall:
(1)
make them available to aerodrome operators and providers of apron management services under its oversight; and
(2)
without undue delay notify the Agency.
The Competent Authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.
ADR.AR.A.025 Information to the Agency
(a)
The Competent Authority shall without undue delay notify the Agency in case of any significant problems with the implementation of Regulation (EC) No 216/2008 and its Implementing Rules.
(b)
The Competent Authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received.
ADR.AR.A.030 Immediate reaction to a safety problem
(a)
Without prejudice to Directive 2003/42/EC of the European Parliament and the Council (1), the Competent Authority shall implement a system to appropriately collect, analyse and disseminate safety information.
(b)
The Agency shall implement a system to appropriately analyse any relevant safety information received and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving aerodromes, aerodrome operators and providers of apron management services subject to Regulation (EC) No 216/2008 and its Implementing Rules.
(c)
Upon receiving the information referred to in points (a) and (b), the Competent Authority shall take adequate measures to address the safety problem, including the issuing of safety directives in accordance with ADR.AR.A.040.
(d)
Measures taken in accordance with point (c) shall immediately be notified to the aerodrome operators or providers of apron management services which need to comply with them under Regulation (EC) No 216/2008 and its Implementing Rules. The Competent Authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.
ADR.AR.A.040 Safety directives
(a)
The Competent Authority shall issue a safety directive if it has determined the existence of an unsafe condition requiring immediate action, including the showing of compliance with any amended or additional certification specification established by the Agency, which the Competent Authority finds is necessary.
(b)
A safety directive shall be forwarded to the aerodrome operators or providers of apron management services concerned, as appropriate, and shall contain, as a minimum, the following information:
(1)
the identification of the unsafe condition;
(2)
the identification of the affected design, equipment, or operation;
(3)
the actions required and their rationale, including the amended or additional certification specifications that have to be complied with;
(4)
the time limit for compliance with the required actions; and
(5)
its date of entry into force.
(c)
The Competent Authority shall forward a copy of the safety directive to the Agency.
(d)
The Competent Authority shall verify the compliance of aerodrome operators and providers of apron management services with the applicable safety directives.
SUBPART B — MANAGEMENT (ADR.AR.B)
ADR.AR.B.005 Management system
(a)
The Competent Authority shall establish and maintain a management system, including as a minimum:
(1)
documented policies and procedures to describe its organisation, means and methods to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules. The procedures shall be kept up to date and serve as the basic working documents within that Competent Authority for all related tasks;
(2)
a sufficient number of personnel, including aerodrome inspectors, to perform its tasks and discharge its responsibilities. Such personnel shall be qualified to perform their allocated tasks and have the necessary knowledge, experience, initial, on-the-job and recurrent training to ensure continuing competence. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all related tasks;
(3)
adequate facilities and office accommodation to perform the allocated tasks;
(4)
a formal process to monitor compliance of the management system with the relevant requirements and adequacy of the procedures, including the establishment of an internal audit process and a safety risk management process.
(b)
The Competent Authority shall, for each field of activity included in the management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).
(c)
The Competent Authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance of other competent authorities concerned.
ADR.AR.B.010 Allocation of tasks to qualified entities
(a)
Tasks related to the initial certification or continuing oversight of persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules shall be allocated by Member States only to qualified entities. When allocating tasks, the Competent Authority shall ensure that it has:
(1)
a system in place to initially and continuously asses that the qualified entity complies with Annex V to Regulation (EC) No 216/2008;
this system and the results of the assessments shall be documented;
(2)
established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines:
(i)
the tasks to be performed;
(ii)
the declarations, reports and records to be provided;
(iii)
the technical conditions to be met in performing such tasks;
(iv)
the related liability coverage; and
(v)
the protection given to information acquired in carrying out such tasks.
(b)
The Competent Authority shall ensure that the internal audit process and safety risk management process required by ADR.AR.B.005(a)(4) covers all certification or continuing oversight tasks performed on its behalf.
ADR.AR.B.015 Changes to the management system
(a)
The Competent Authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EC) No 216/2008 and its Implementing Rules. This system shall enable it to take action, as appropriate, to ensure that the management system remains adequate and effective.
(b)
The Competent Authority shall update its management system to reflect any change to Regulation (EC) No 216/2008 and its Implementing Rules in a timely manner, so as to ensure effective implementation.
(c)
The Competent Authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EC) No 216/2008 and its Implementing Rules.
ADR.AR.B.020 Record keeping
(a)
The Competent Authority shall establish a system of record keeping providing for adequate storage, accessibility and reliable traceability of:
(1)
the management system’s documented policies and procedures;
(2)
training, qualification and authorisation of its personnel;
(3)
the allocation of tasks to qualified entities, covering the elements required by ADR.AR.B.010, as well as the details of tasks allocated;
(4)
certification process and continuing oversight of aerodromes and aerodrome operators;
(5)
declaration process and continuing oversight of providers of apron management services;
(6)
the documentation regarding cases of equivalent level of safety and special conditions contained in the certification basis, as well as any Deviation Acceptance and Action Document (DAAD);
(7)
the evaluation and notification to the Agency of alternative means of compliance proposed by aerodrome operators and providers of apron management services and the assessment of alternative means of compliance used by the Competent Authority itself;
(8)
findings, corrective actions and date of action closure, and observations;
(9)
enforcement measures taken;
(10)
safety information and follow-up measures;
(11)
the use of flexibility provisions in accordance with Article 14 of Regulation (EC) No 216/2008.
(b)
The Competent Authority shall maintain a list of all certificates it issued and declarations it received.
(c)
Records related to the certification of an aerodrome and an aerodrome operator, or the declaration of a provider of apron management services shall be kept for the lifespan of the certificate or declaration, as appropriate.
(d)
Records relating to points (a)(1) to (a)(3) and points (a)(7) to (a)(11) shall be kept for a minimum period of five years, subject to applicable data protection law.
SUBPART C — OVERSIGHT, CERTIFICATION AND ENFORCEMENT (ADR.AR.C)
ADR.AR.C.005 Oversight
(a)
The Competent Authority shall verify:
(1)
compliance with the certification basis and all requirements applicable to aerodromes and aerodrome operators prior to the issue of an approval or certificate;
(2)
continued compliance with the certification basis and applicable requirements of aerodromes and aerodrome operators or providers of apron management service subject to declaration obligation; and
(3)
implementation of appropriate safety measures as defined in ADR.AR.A.030(c) and (d).
(b)
This verification shall:
(1)
be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions;
(2)
provide the aerodrome operators and providers of apron management services concerned with the results of safety oversight activity;
(3)
be based on audits and inspections, including unannounced inspections, where appropriate; and
(4)
provide the Competent Authority with the evidence needed in case further action is required, including the measures foreseen by ADR.AR.C.055.
(c)
The scope of oversight shall take into account the results of past oversight activities and the safety priorities identified.
(d)
The Competent Authority shall collect and process any information deemed useful for oversight, including unannounced inspections, as appropriate.
(e)
Within its oversight powers, the Competent Authority may decide to require prior approval for any obstacles, developments and other activities within the areas monitored by the aerodrome operator in accordance with ADR.OPS.B.075, which may endanger safety and adversely affect the operation of an aerodrome.
ADR.AR.C.010 Oversight programme
(a)
The Competent Authority shall for each aerodrome operator and provider of apron management services declaring their activity to the Competent Authority:
(1)
establish and maintain an oversight programme covering the oversight activities required by ADR.AR.C.005;
(2)
apply an appropriate oversight planning cycle, not exceeding 48 months.
(b)
The oversight programme shall include within each oversight planning cycle, audits and inspections, including unannounced inspections, as appropriate.
(c)
The oversight programme and planning cycle shall reflect the safety performance of the aerodrome operator and risk exposure of the aerodrome.
(d)
The oversight programme shall include records of the dates when audits and inspections are due and when audits and inspections have been carried out.
ADR.AR.C.015 Initiation of certification process
(a)
Upon receiving an application for the initial issuance of a certificate, the Competent Authority shall assess the application and shall verify compliance with the applicable requirements.
(b)
In case of an existing aerodrome, the Competent Authority shall prescribe the conditions under which the aerodrome operator shall operate during the certification period, unless the Competent Authority determines that the operation of the aerodrome needs to be suspended. The Competent Authority shall inform the aerodrome operator of the expected schedule for the certification process and conclude the certification within the shortest time period practicable.
(c)
The Competent Authority shall establish and notify the applicant of the certification basis in accordance with ADR.AR.C.020.
ADR.AR.C.020 Certification basis
The certification basis is to be established and notified to an applicant by the Competent Authority and shall consist of:
(a)
the certification specifications issued by the Agency which the Competent Authority finds applicable to the design and the type of operation of the aerodrome and which are effective on the date of application for that certificate, unless:
(1)
the applicant elects compliance with later effective amendments; or
(2)
the Competent Authority finds that compliance with such later effective amendments is necessary;
(b)
any provision for which an equivalent level of safety has been accepted by the Competent Authority to be demonstrated by the applicant; and
(c)
any special condition prescribed in accordance with ADR.AR.C.025, that the Competent Authority finds necessary to be included in the certification basis.
ADR.AR.C.025 Special conditions
(a)
The Competent Authority shall prescribe special detailed technical specifications, named special conditions, for an aerodrome, if the related certification specifications issued by the Agency referred to in point ADR.AR.C.020(a) are inadequate or inappropriate, to ensure compliance with the essential requirements of Annex Va to Regulation (EC) No 216/2008, because:
(1)
the certification specifications cannot be met due to physical, topographical or similar limitations related to the location of the aerodrome;
(2)
the aerodrome has novel or unusual design features; or
(3)
experience from the operation of that aerodrome or other aerodromes having similar design features has shown that safety may be endangered.
(b)
The special conditions shall contain such technical specifications, including limitations or procedures to be complied with, as the Competent Authority finds necessary to ensure compliance with the essential requirements set out in Annex Va to Regulation (EC) No 216/2008.
ADR.AR.C.035 Issuance of certificates
(a)
The Competent Authority may require any inspection, test, safety assessment, or exercise it finds necessary before issuing the certificate.
(b)
The Competent Authority shall issue either:
(1)
a single aerodrome certificate; or
(2)
two separate certificates, one for the aerodrome and one for the aerodrome operator.
(c)
The Competent Authority shall issue the certificate(s) prescribed in point (b) when the aerodrome operator has demonstrated to the satisfaction of the Competent Authority compliance with ADR.OR.B.025 and ADR.OR.E.005.
(d)
The certificate shall be considered to include the aerodrome’s certification basis, the aerodrome manual, and, if relevant, any other operating conditions or limitations prescribed by the Competent Authority and any Deviation Acceptance and Action Documents (DAAD).
(e)
The certificate shall be issued for an unlimited duration. The privileges of the activities that the aerodrome operator is approved to conduct shall be specified in the terms of the certificate attached to it.
(f)
Where responsibilities are attributed to other relevant organisations, they should be clearly identified and listed.
(g)
Findings, other than level 1 and which have not been closed prior to the date of certification, shall be safety assessed and mitigated as necessary and a corrective action plan for the closing of the finding shall be approved by the Competent Authority.
(h)
To enable an aerodrome operator to implement changes without prior approval of the Competent Authority in accordance with ADR.OR.B.040(d), the Competent Authority shall approve a procedure defining the scope of such changes and describing how such changes will be managed and notified.
ADR.AR.C.040 Changes
(a)
Upon receiving an application for a change, in accordance with ADR.OR.B.40, that requires prior approval, the Competent Authority shall assess the application and, if relevant, notify the aerodrome operator of:
(1)
the applicable certification specifications issued by the Agency, which are applicable to the proposed change and which are effective on the date of the application, unless:
(a)
the applicant elects compliance with later effective amendments; or
(b)
the Competent Authority finds that compliance with such later effective amendments is necessary;
(2)
any other certification specification issued by the Agency that the Competent Authority finds is directly related to the proposed change;
(3)
any special condition, and amendment to special conditions, prescribed by the Competent Authority in accordance with point ADR.AR.C.025, the Competent Authority finds is necessary; and
(4)
the amended certification basis, if affected by the proposed change.
(b)
The Competent Authority shall approve the change when the aerodrome operator has demonstrated, to the satisfaction of the Competent Authority, compliance with the requirements in ADR.OR.B.040 and, if applicable, with ADR.OR.E.005.
(c)
If the approved change affects the terms of the certificate, the Competent Authority shall amend them.
(d)
The Competent Authority shall approve any conditions under which the aerodrome operator shall operate during the change.
(e)
Without prejudice to any additional enforcement measures, when the aerodrome operator implements changes requiring prior approval without having received Competent Authority approval as defined in (a), the Competent Authority shall consider the need to suspend, limit or revoke the certificate.
(f)
For changes not requiring prior approval, the Competent Authority shall assess the information provided in the notification sent by the aerodrome operator in accordance with ADR.OR.B.040(d) to verify their appropriate management and verify their compliance with the certification specifications and other appropriate requirements applicable to the change. In case of any non-compliance, the Competent Authority shall:
(1)
notify the aerodrome operator about the non-compliance and request further changes; and
(2)
in case of level 1 or level 2 findings, act in accordance with point ADR.AR.C.055.
ADR.AR.C.050 Declarations of providers of apron management services
(a)
Upon receiving a declaration from a provider of apron management services intending to provide such services at an aerodrome, the Competent Authority shall verify that the declaration contains all the information required by Part-ADR.OR and shall acknowledge receipt of the declaration to that organisation.
(b)
If the declaration does not contain the required information, or contains information that indicates non-compliance with applicable requirements, the Competent Authority shall notify the provider of apron management services and the aerodrome operator about the non-compliance and request further information. If necessary, the Competent Authority shall carry out an inspection of the provider of apron management services and the aerodrome operator. If the non-compliance is confirmed, the Competent Authority shall take action as defined in ADR.AR.C.055.
(c)
The Competent Authority shall keep a register of the declarations of providers of apron management services under its oversight.
ADR.AR.C.055 Findings, observations, corrective actions and enforcement measures
(a)
The Competent Authority for oversight in accordance with ADR.AR.C.005(a) shall have a system to analyse findings for their safety significance.
(b)
A level 1 finding shall be issued by the Competent Authority when any significant non-compliance is detected with the certification basis of the aerodrome, the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the aerodrome operator’s or the apron management services provider’s procedures and manuals, with the terms of the certificate or certificate or with the content of a declaration which lowers safety or seriously endangers safety.
The level 1 finding shall include:
(1)
failure to give the Competent Authority access to the aerodrome and aerodrome operator’s or the apron management services provider’s facilities as defined in ADR.OR.C.015 during normal operating hours and after two written requests;
(2)
obtaining or maintaining the validity of a certificate by falsification of submitted documentary evidence;
(3)
evidence of malpractice or fraudulent use of a certificate; and
(4)
the lack of an accountable manager.
(c)
A level 2 finding shall be issued by the Competent Authority when any non-compliance is detected with the certification basis of the aerodrome, the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the aerodrome operator’s or the apron management services provider’s procedures and manuals, with the terms of the certificate or the certificate or with the content of a declaration which could lower or possibly hazard safety.
(d)
When a finding is detected, during oversight or by any other means, the Competent Authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules, communicate the finding to the aerodrome operator or the provider of apron management services in writing and request corrective action to address the non-compliance(s) identified.
(1)
In the case of level 1 findings, the Competent Authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate or to deregister the declaration, or to limit or suspend the certificate or declaration in whole or in part, depending upon the extent of the finding, until successful corrective action has been taken by the aerodrome operator or by the provider of apron management services.
(2)
In the case of level 2 findings, the Competent Authority shall:
(a)
grant the aerodrome operator or the provider of apron management services a corrective action implementation period included in an action plan appropriate to the nature of the finding; and
(b)
assess the corrective action and implementation plan proposed by the aerodrome operator or the provider of apron management services and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.
(3)
Where the aerodrome operator or the provider of apron management services fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the Competent Authority, the finding shall be raised to a level 1 finding, and action taken as laid down in point (d)(1).
(4)
The Competent Authority shall record all findings it has raised and where applicable, the enforcement measures it has applied, as well as all corrective actions and date of action closure for findings.
(e)
For those cases not requiring level 1 or level 2 findings, the Competent Authority may issue observations.
(1) OJ L 167, 4.7.2003, p. 23.
ANNEX III
Part Organisation Requirements — Aerodrome Operators (Part-ADR.OR)
SUBPART A — GENERAL REQUIREMENTS (ADR.OR.A)
ADR.OR.A.005 Scope
This Annex establishes the requirements to be followed by:
(a)
an aerodrome operator subject to Regulation (EC) No 216/2008 with respect to its certification, management, manuals and other responsibilities; and
(b)
a provider of apron management services.
ADR.OR.A.010 Competent Authority
For the purpose of this Part, the Competent Authority shall be the one designated by the Member State where the aerodrome is located.
ADR.OR.A.015 Means of compliance
(a)
Alternative means of compliance to those adopted by the Agency may be used by an aerodrome operator or an apron management service provider to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
(b)
When an aerodrome operator or an apron management service provider wishes to use an alternative means of compliance to the Acceptable Means of Compliance (AMC) adopted by the Agency to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall, prior to implementing it, provide the Competent Authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.
The aerodrome operator or the provider of apron management services may implement these alternative means of compliance subject to prior approval by the Competent Authority and upon receipt of the notification, as prescribed in ADR.AR.A.015(d).
(c)
Where apron management services are not provided by the aerodrome operator itself, the use of alternative means of compliance by providers of such services in accordance with (a) and (b), shall also require prior agreement by the operator of the aerodrome where such services are provided.
SUBPART B — CERTIFICATION (ADR.OR.B)
ADR.OR.B.005 Certification obligations of aerodromes and aerodrome operators
Prior to commencing the operation of an aerodrome or when an exemption in accordance with Article 5 has been revoked, the aerodrome operator shall obtain the applicable certificate(s) issued by the Competent Authority.
ADR.OR.B.015 Application for a certificate
(a)
The application for a certificate shall be made in a form and manner established by the Competent Authority.
(b)
The applicant shall provide the Competent Authority with the following:
(1)
its official name and business name, address, and mailing address;
(2)
information and data regarding:
(i)
the location of the aerodrome;
(ii)
the type of operations at the aerodrome; and
(iii)
the design and facilities of the aerodrome, in accordance with the applicable certification specifications established by the Agency;
(3)
any proposed deviations from the identified applicable certification specifications established by the Agency;
(4)
documentation demonstrating how it will comply with the applicable requirements established in Regulation (EC) No 216/2008 and its Implementing Rules. Such documentation shall include a procedure, contained in the aerodrome manual, describing how changes not requiring prior approval will be managed and notified to the Competent Authority; subsequent changes to this procedure shall require prior approval by the Competent Authority;
(5)
evidence of adequacy of resources to operate the aerodrome in accordance with the applicable requirements;
(6)
documented evidence showing the relationship of the applicant with the aerodrome owner and/or the land owner;
(7)
the name of and relevant information about the accountable manager and the other nominated persons required by ADR.OR.D.015; and
(8)
a copy of the aerodrome manual required by ADR.OR.E.005.
(c)
If acceptable to the Competent Authority, information under points (7) and (8) may be provided at a later stage determined by the Competent Authority, but prior to the issuance of the certificate.
ADR.OR.B.025 Demonstration of compliance
(a)
The aerodrome operator shall:
(1)
perform and document all actions, inspections, tests, safety assessments or exercises necessary, and shall demonstrate to the Competent Authority:
(i)
compliance with the notified certification basis, the certification specifications applicable to a change, any safety directive, as appropriate, and the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules;
(ii)
that the aerodrome, as well as its obstacle limitation and protection surfaces and other areas associated with the aerodrome, have no features or characteristics making it unsafe for operation; and
(iii)
that the flight procedures of the aerodrome have been approved.
(2)
provide to the Competent Authority the means by which compliance has been demonstrated; and
(3)
declare to the Competent Authority its compliance with point (a)(1).
(b)
Relevant design information, including drawings, inspection, test and other relevant reports, shall be held and kept by the aerodrome operator at the disposal of the Competent Authority, in accordance with the provisions of ADR.OR.D.035 and provided on request to the Competent Authority.
ADR.OR.B.030 Terms of the certificate and privileges of the certificate holder
An aerodrome operator shall comply with the scope and privileges defined in the terms of the certificate attached to it.
ADR.OR.B.035 Continued validity of a certificate
(a)
A certificate shall remain valid subject to:
(1)
the aerodrome operator remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008, and its Implementing Rules, and the aerodrome remaining in compliance with the certification basis, taking into account the provisions related to the handling of findings as specified under ADR.OR.C.020;
(2)
the Competent Authority being granted access to the aerodrome operator’s organisation as defined in ADR.OR.C.015 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and
(3)
the certificate not being surrendered or revoked.
(b)
Upon revocation or surrender, the certificate shall be returned to the Competent Authority without delay.
ADR.OR.B.037 Continued validity of a declaration of a provider of apron management services
A declaration made by a provider of apron management services in accordance with ADR.OR.B.060 shall remain valid subject to:
(a)
the provider of apron management services and the related facilities remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, taking into account the provisions related to the handling of findings as specified under ADR.OR.C.020;
(b)
the Competent Authority being granted access to the apron management services provider’s organisation as defined in ADR.OR.C.015 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and
(c)
the declaration not being withdrawn by the provider of such services or deregistered by the Competent Authority.
ADR.OR.B.040 Changes
(a)
Any change:
(1)
affecting the terms of the certificate, its certification basis and safety-critical aerodrome equipment; or
(2)
significantly affecting elements of the aerodrome operator’s management system as required in ADR.OR.D.005(b)
shall require prior approval by the Competent Authority.
(b)
For other changes requiring prior approval in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the aerodrome operator shall apply for and obtain an approval issued by the Competent Authority.
(c)
The application for a change in accordance with point (a) or (b) shall be submitted before any such change takes place, in order to enable the Competent Authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the certificate and related terms of the certificate attached to it.
The change shall only be implemented upon receipt of formal approval by the Competent Authority in accordance with ADR.AR.C.040.
During the changes, the aerodrome operator shall operate under the conditions approved by the Competent Authority.
(d)
Changes not requiring prior approval shall be managed and notified to the Competent Authority as defined in the procedure approved by the Competent Authority in accordance with ADR.AR.C.035(h).
(e)
The aerodrome operator shall provide the Competent Authority with the relevant documentation in accordance with point (f) and ADR.OR.E.005.
(f)
As part of its management system, as defined in ADR.OR.D.005, the aerodrome operator proposing a change to the aerodrome, its operation, its organisation or its management system shall:
(1)
determine the interdependencies with any affected parties, plan and conduct a safety assessment in coordination with these organisations;
(2)
align assumptions and mitigations with any affected parties, in a systematic way;
(3)
ensure a comprehensive assessment of the change including any necessary interactions; and
(4)
ensure that complete and valid arguments, evidence and safety criteria are established and documented to support the safety assessment, and that the change supports the improvement of safety whenever reasonably practicable.
ADR.OR.B.050 Continuing compliance with the Agency’s certification specifications
The aerodrome operator, following an amendment of the certification specifications established by the Agency, shall:
(a)
perform a review to identify any certification specifications which are applicable to the aerodrome; and
(b)
if relevant, initiate a change process in accordance with ADR.OR.B.040 and implement the necessary changes at the aerodrome.
ADR.OR.B.060 Declaration of providers of apron management services
(a)
Providers of apron management services that have been allowed to declare their capability and means of discharging the responsibilities associated with the provision of such services, and following an agreement with an aerodrome operator for the provision of such services at an aerodrome, shall:
(1)
provide the Competent Authority with all relevant information and declare its compliance with all applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, using a form established by the Competent Authority;
(2)
provide the Competent Authority with a list of the alternative means of compliance used, in accordance with ADR.OR.A.015(b);
(3)
maintain compliance with the applicable requirements and with the information given in the declaration;
(4)
notify the Competent Authority of any changes to its declaration or the means of compliance it uses through submission of an amended declaration; and
(5)
provide its services in accordance with the aerodrome manual and comply with all relevant provisions contained therein.
(b)
Before ceasing the provision of such services, the provider of apron management services shall notify the Competent Authority and the aerodrome operator.
ADR.OR.B.065 Termination of operation
An operator intending to terminate the operation of an aerodrome shall:
(a)
notify the Competent Authority as soon as possible;
(b)
provide such information to the appropriate Aeronautical Information Service provider;
(c)
surrender the certificate to the Competent Authority upon the date of termination of operation; and
(d)
ensure that appropriate measures have been taken to avoid the unintended use of the aerodrome by aircraft, unless the Competent Authority has approved the use of the aerodrome for other purposes.
SUBPART C — ADDITIONAL AERODROME OPERATOR RESPONSIBILITIES (ADR.OR.C)
ADR.OR.C.005 Aerodrome operator responsibilities
(a)
The aerodrome operator is responsible for the safe operation and maintenance of the aerodrome in accordance with:
(1)
Regulation (EC) No 216/2008 and its Implementing Rules;
(2)
the terms of its certificate;
(3)
the content of the aerodrome manual; and
(4)
any other manuals for the aerodrome equipment available at the aerodrome, as applicable.
(b)
The aerodrome operator shall ensure directly, or coordinate through arrangements as required with the accountable entities providing the following services:
(1)
the provision of air navigation services appropriate to the level of traffic and the operating conditions at the aerodrome; and
(2)
the design and maintenance of the flight procedures, in accordance with the applicable requirements.
(c)
The aerodrome operator shall coordinate with the Competent Authority to ensure that relevant information for the safety of aircraft is contained in the aerodrome manual and is published where appropriate. This shall include:
(1)
exemptions or derogations granted from the applicable requirements;
(2)
provisions for which an equivalent level of safety was accepted by the Competent Authority as part of the certification basis; and
(3)
special conditions and limitations with regard to the use of the aerodrome.
(d)
If an unsafe condition develops at the aerodrome, the aerodrome operator shall, without undue delay, take all necessary measures to ensure that those parts of the aerodrome found to endanger safety are not used by aircraft.
ADR.OR.C.015 Access
For the purpose of determining compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, an aerodrome operator or provider of apron management services shall grant access to any person authorised by the Competent Authority, to:
(a)
any facility, document, records, data, procedures or any other material relevant to its activity subject to certification or declaration, whether it is contracted or not; and
(b)
perform or witness any action, inspection, test, assessment or exercise the Competent Authority finds is necessary.
ADR.OR.C.020 Findings and corrective actions
After receipt of notification of findings, the aerodrome operator or the provider of apron management services shall:
(a)
identify the root cause of the non-compliance;
(b)
define a corrective action plan; and
(c)
demonstrate the corrective action implementation to the satisfaction of the Competent Authority within the period agreed with that authority as defined in ADR.AR.C.055(d).
ADR.OR.C.025 Immediate reaction to a safety problem — compliance with safety directives
The aerodrome operator or provider of apron management services shall implement any safety measures, including safety directives, mandated by the Competent Authority in accordance with ADR.AR.A.030(c) and ADR.AR.A.040.
ADR.OR.C.030 Occurrence reporting
(a)
The aerodrome operator and the provider of apron management services shall report to the Competent Authority, and to any other organisation required by the State where the aerodrome is located, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and the Council (1) and Directive 2003/42/EC.
(b)
Without prejudice to point (a) the operator shall report to the Competent Authority and to the organisation responsible for the design of aerodrome equipment any malfunction, technical defect, exceeding of technical limitations, occurrence or other irregular circumstance that has or may have endangered safety and that has not resulted in an accident or serious incident.
(c)
Without prejudice to Regulation (EU) No 996/2010 and Directive 2003/42/EC, Commission Regulation (EC) No 1321/2007 (2) and Commission Regulation (EC) No 1330/2007 (3) the reports referred to in points (a) and (b) shall be made in a form and manner established by the Competent Authority and contain all pertinent information about the condition known to the aerodrome operator or the provider of apron management services.
(d)
Reports shall be made as soon as practicable, but in any case within 72 hours of the aerodrome operator or the provider of the apron management services identifying the condition to which the report relates, unless exceptional circumstances prevent this.
(e)
Where relevant, the aerodrome operator or the provider of apron management services shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the Competent Authority.
ADR.OR.C.040 Prevention of fire
The aerodrome operator shall establish procedures to prohibit:
(a)
smoking within the movement area, other operational areas of the aerodrome, or areas of the aerodrome where fuel or other flammable material is stored;
(b)
display of an open flame or undertaking of an activity that would create a fire hazard within:
(1)
areas of the aerodrome where fuel or other flammable material is stored;
(2)
the movement area or other operational areas of the aerodrome, unless authorised by the aerodrome operator.
ADR.OR.C.045 Use of alcohol, psychoactive substances and medicines
(a)
The aerodrome operator shall establish procedures on the level of consumption of alcohol, psychoactive substances and medicines by:
(1)
personnel involved in the operation, rescue and firefighting, and maintenance of the aerodrome;
(2)
unescorted persons operating on the movement area or other operational areas of the aerodrome.
(b)
These procedures shall include the requirements that such persons shall:
(1)
not consume alcohol during their duty period;
(2)
not perform any duties under the influence:
(i)
of alcohol, or any psychoactive substance; or
(ii)
any medicine that may have an effect on his/her abilities in a manner contrary to safety.
SUBPART D — MANAGEMENT (ADR.OR.D)
ADR.OR.D.005 Management system
(a)
The aerodrome operator shall implement and maintain a management system integrating a safety management system.
(b)
The management system shall include:
(1)
clearly defined lines of responsibility and accountability throughout the aerodrome operator, including a direct accountability for safety on the part of senior management;
(2)
a description of the overall philosophies and principles of the aerodrome operator with regard to safety, referred to as the safety policy, signed by the accountable manager;
(3)
a formal process that ensures that hazards in operations are identified;
(4)
a formal process that ensures analysis, assessment and mitigation of the safety risks in aerodrome operations;
(5)
the means to verify the safety performance of the aerodrome operator’s organisation in reference to the safety performance indicators and safety performance targets of the safety management system, and to validate the effectiveness of safety risk controls;
(6)
a formal process to:
(i)
identify changes within the aerodrome operator’s organisation, management system, the aerodrome or its operation which may affect established processes, procedures and services;
(ii)
describe the arrangements to ensure safety performance before implementing changes; and
(iii)
eliminate or modify safety risk controls that are no longer needed or effective due to changes in the operational environment;
(7)
a formal processes to review the management system referred to in paragraph (a), identify the causes of substandard performance of the safety management system, determine the implications of such substandard performance in operations, and eliminate or mitigate such causes;
(8)
a safety training programme that ensures that personnel involved in the operation, rescue and firefighting, maintenance and management of the aerodrome are trained and competent to perform the safety management system duties;
(9)
formal means for safety communication that ensures that personnel are fully aware of the safety management system, conveys safety critical information, and explains why particular safety actions are taken and why safety procedures are introduced or changed;
(10)
coordination of the safety management system with the aerodrome emergency response plan; and coordination of the aerodrome emergency response plan with the emergency response plans of those organisations it must interface with during the provision of aerodrome services; and
(11)
a formal process to monitor compliance of the organisation with the relevant requirements.
(c)
The aerodrome operator shall document all management system key processes.
(d)
The management system shall be proportionate to the size of the organisation and its activities, taking into account the hazards and associated risks inherent in these activities.
(e)
In the case that the aerodrome operator holds also a certificate to provide air navigation services, it shall ensure that the management system covers all activities in the scope of its certificates.
ADR.OR.D.007 Management of aeronautical data and aeronautical information
(a)
As part of its management system, the aerodrome operator shall implement and maintain a quality management system covering:
(1)
its aeronautical data activities; and
(2)
its aeronautical information provision activities.
(b)
The aerodrome operator shall define procedures for meeting the safety and security management objectives with respect to:
(1)
aeronautical data activities; and
(2)
aeronautical information provision activities.
ADR.OR.D.010 Contracted activities
(a)
Contracted activities include all activities within the aerodrome operator’s scope in accordance with the terms of the certificate that are performed by other organisations either itself certified to carry out such activity or if not certified, working under the aerodrome operator’s approval. The aerodrome operator shall ensure that when contracting or purchasing any part of its activity, the contracted or purchased service or equipment or system conforms to the applicable requirements.
(b)
When an aerodrome operator contracts any part of its activity to an organisation that is not itself certified in accordance with this Part to carry out such activity, the contracted organisation shall work under the approval and oversight of the aerodrome operator. The aerodrome operator shall ensure that the Competent Authority is given access to the contracted organisation, to determine continued compliance with the applicable requirements.
ADR.OR.D.015 Personnel requirements
(a)
The aerodrome operator shall appoint an accountable manager, who has the authority for ensuring that all activities can be financed and carried out in accordance with the applicable requirements. The accountable manager shall be responsible for establishing and maintaining an effective management system.
(b)
The aerodrome operator shall nominate persons responsible for the management and supervision of the following areas:
(1)
operational services of the aerodrome; and
(2)
maintenance of the aerodrome.
(c)
The aerodrome operator shall nominate a person or group of persons responsible for the development, maintenance and day-to-day management of the safety management system.
Those persons shall act independently of other managers within the organisation, shall have direct access to the accountable manager and to appropriate management for safety matters and shall be responsible to the accountable manager.
(d)
The aerodrome operator shall have sufficient and qualified personnel for the planned tasks and activities to be performed in accordance with the applicable requirements.
(e)
The aerodrome operator shall assign a sufficient number of personnel supervisors to defined duties and responsibilities, taking into account the structure of the organisation and the number of personnel employed.
(f)
The aerodrome operator shall ensure that personnel involved in the operation, maintenance and management of the aerodrome are adequately trained in accordance with the training programme.
ADR.OR.D.017 Training and proficiency check programmes
(a)
The aerodrome operator shall establish and implement a training programme for personnel involved in the operation, maintenance and management of the aerodrome.
(b)
The aerodrome operator shall ensure that unescorted persons operating on the movement area or other operational areas of the aerodrome are adequately trained.
(c)
The aerodrome operator shall ensure that persons referred to in points (a) and (b) above have demonstrated their capabilities in the performance of their assigned duties through proficiency check at adequate intervals to ensure continued competence.
(d)
The aerodrome operator shall ensure that:
(1)
adequately qualified and experienced instructors and assessors for the implementation of the training programme are used; and
(2)
suitable facilities and means are used for the provision of the training.
(e)
The aerodrome operator shall:
(1)
maintain appropriate qualification, training and proficiency check records to demonstrate compliance with this requirement;
(2)
on request, make such records available to its personnel concerned; and
(3)
if a person is employed by another employer, on request, make such records of that person available to that new employer.
ADR.OR.D.020 Facilities requirements
(a)
The aerodrome operator shall ensure that adequate and appropriate facilities are available to its personnel or personnel employed by parties with whom it has contracted for the provision of aerodrome operational and maintenance services.
(b)
The aerodrome operator shall designate appropriate areas at the aerodrome to be used for the storage of dangerous goods transported through the aerodrome, in accordance with the Technical Instructions.
ADR.OR.D.025 Coordination with other organisations
The aerodrome operator shall:
(a)
ensure that the management system of the aerodrome addresses the coordination and interface with the safety procedures of other organisations operating or providing services at the aerodrome; and
(b)
ensure that such organisations have safety procedures in place to comply with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules and the requirements laid down in the aerodrome manual.
ADR.OR.D.027 Safety programmes
The aerodrome operator shall:
(a)
establish, lead and implement programmes to promote safety and the exchange of safety-relevant information; and
(b)
encourage organisations operating or providing services at the aerodrome to be involved in such programmes.
ADR.OR.D.030 Safety reporting system
(a)
The aerodrome operator shall establish and implement a safety reporting system for all personnel and organisations operating or providing services at the aerodrome, in order to promote safety at, and the safe use of, the aerodrome.
(b)
The aerodrome operator, in accordance with ADR.OR.D.005 (b)(3), shall:
(1)
require that the personnel and organisations mentioned in point (a) use the safety reporting system for the mandatory reporting of any accident, serious incident and occurrence; and
(2)
ensure that the safety reporting system may be used for the voluntary reporting of any defect, fault and safety hazard which could impact safety.
(c)
The safety reporting system shall protect the identity of the reporter, encourage voluntary reporting and include the possibility that reports may be submitted anonymously.
(d)
The aerodrome operator shall:
(1)
record all reports submitted;
(2)
analyse and assess the reports, as appropriate, in order to address safety deficiencies and identify trends;
(3)
ensure that all organisations operating or providing services at the aerodrome which are relevant to the safety concern, participate in the analysis of such reports and that any corrective and/or preventive measures identified are implemented;
(4)
conduct investigations of reports, as appropriate; and
(5)
refrain from attribution of blame in line with the ‘just culture’ principles.
ADR.OR.D.035 Record keeping
(a)
The aerodrome operator shall establish an adequate system of record keeping, covering all its activities undertaken under Regulation (EC) No 216/2008 and its Implementing Rules.
(b)
The format of the records shall be specified in the aerodrome manual.
(c)
Records shall be stored in a manner that ensures protection from damage, alteration and theft.
(d)
Records shall be kept for a minimum of five years, except that the below records shall be kept as follows:
(1)
the aerodrome certification basis, the alternative means of compliance in use and the current aerodrome or aerodrome operator certificate(s), for the lifespan of the certificate;
(2)
arrangements with other organisations, for as long as such arrangements are in effect;
(3)
manuals of aerodrome equipment or systems employed at the aerodrome, for as long as they are used at the aerodrome;
(4)
safety assessment reports for the lifetime of the system/procedure/activity;
(5)
personnel training, qualifications, and medical records as well as their proficiency checks, as appropriate, for at least four years after the end of their employment, or until the area of their employment has been audited by the Competent Authority; and
(6)
the current version of the hazard register.
(e)
All records shall be subject to applicable data protection law.
SUBPART E — AERODROME MANUAL AND DOCUMENTATION (ADR.OR.E)
ADR.OR.E.005 Aerodrome manual
(a)
The aerodrome operator shall establish and maintain an aerodrome manual.
(b)
The content of the aerodrome manual shall reflect the certification basis and the requirements set out in this Part and Part-ADR.OPS, as applicable, and shall not contravene the terms of the certificate. The aerodrome manual shall contain or refer to all necessary information for the safe use, operation and maintenance of the aerodrome, its equipment, as well as its obstacle limitation and protection surfaces and other areas associated with the aerodrome.
(c)
The aerodrome manual may be issued in separate parts.
(d)
The aerodrome operator shall ensure that all aerodrome personnel and all other relevant organisation’s personnel have easy access to the portions of the aerodrome manual that are relevant to their duties and responsibilities.
(e)
The aerodrome operator shall:
(1)
supply the Competent Authority with the intended amendments and revisions of the aerodrome manual, for items requiring prior approval in accordance with ADR.OR.B.040, in advance of the effective date and ensure that they do not become effective before obtaining the Competent Authority’s approval; or
(2)
supply the Competent Authority with the intended amendments and revisions of the aerodrome manual in advance of the effective date, if the proposed amendment or revision of the aerodrome manual requires only a notification to the Competent Authority in accordance with ADR.OR.B.040(d) and ADR.OR.B.015(b).
(f)
Notwithstanding point (e), when amendments or revisions are required in the interest of safety, they may be published and applied immediately, provided that any approval required has been applied for.
(g)
The aerodrome operator shall:
(1)
review the content of the aerodrome manual, ensure that it is kept up to date and amended whenever necessary;
(2)
incorporate all amendments and revisions required by the Competent Authority; and
(3)
make all aerodrome personnel and other relevant organisations aware of the changes that are relevant to their duties and responsibilities.
(h)
The aerodrome operator shall ensure that any information taken from other approved documents, and any amendment thereof, is correctly reflected in the aerodrome manual. This does not prevent the aerodrome operator from publishing more conservative data and procedures in the aerodrome manual.
(i)
The aerodrome operator shall ensure that:
(1)
the aerodrome manual is written in a language acceptable to the Competent Authority; and
(2)
all personnel are able to read and understand the language in which those parts of the aerodrome manual and other operational documents pertaining to their duties and responsibilities are written.
(j)
The aerodrome operator shall ensure that the aerodrome manual:
(1)
is signed by the accountable manager of the aerodrome;
(2)
is printed or is in electronic format and is easy to revise;
(3)
has a system for version control management which is applied and made visible in the aerodrome manual; and
(4)
observes human factors principles and is organised in a manner that facilitates its preparation, use and review.
(k)
The aerodrome operator shall keep at least one complete and current copy of the aerodrome manual at the aerodrome and make it available for inspection by the Competent Authority.
(l)
The content of the aerodrome manual shall be as follows:
(1)
General;
(2)
Aerodrome management system, qualification and training requirements;
(3)
Particulars of the aerodrome site;
(4)
Particulars of the aerodrome required to be reported to the Aeronautical Information Service; and
(5)
Particulars of the operating procedures of the aerodrome, its equipment and safety measures.
ADR.OR.E.010 Documentation requirements
(a)
The aerodrome operator shall ensure the availability of any other documentation required and associated amendments.
(b)
The aerodrome operator shall be capable of distributing operational instructions and other information without delay.
(1) OJ L 295, 12.11.2010, p. 35.
(2) OJ L 294, 13.11.2007, p. 3.
(3) OJ L 295, 14.11.2007, p. 7.
ANNEX IV
Part Operations Requirements — Aerodromes (Part-ADR.OPS)
SUBPART A — AERODROME DATA (ADR.OPS.A)
ADR.OPS.A.005 Aerodrome data
The aerodrome operator shall as appropriate:
(a)
determine, document and maintain data relevant to the aerodrome and available services;
(b)
provide data relevant to the aerodrome and available services to the users and the relevant air traffic services and aeronautical information services providers.
ADR.OPS.A.010 Data quality requirements
The aerodrome operator shall have formal arrangements with organisations with which it exchanges aeronautical data and/or aeronautical information.
(a)
All data relevant to the aerodrome and available services shall be provided by the aerodrome operator with the required quality and integrity.
(b)
When data relevant to the aerodrome and available services are published, the aerodrome operator, shall:
(1)
monitor data relevant to the aerodrome and available services originating from the aerodrome operator and promulgated by the relevant air traffic services providers and aeronautical information services providers;
(2)
notify the relevant aeronautical information services providers of any changes necessary to ensure correct and complete data relevant to the aerodrome and available services, originating from the aerodrome operator;
(3)
notify the relevant air traffic services providers and aeronautical information services providers when the published data originating from the aerodrome operator are incorrect or inappropriate.
ADR.OPS.A.015 Coordination between aerodrome operators and providers of aeronautical information services
(a)
To ensure that aeronautical information services providers obtain information to enable them to provide up-to-date pre-flight information and to meet the need for in-flight information, the aerodrome operator shall make arrangements to report to the relevant aeronautical information service providers, with a minimum of delay, the following:
(1)
information on the aerodrome conditions, disabled aircraft removal, rescue and firefighting and visual approach slope indicator systems;
(2)
the operational status of associated facilities, services and navigational aids at the aerodrome;
(3)
any other information considered to be of operational significance.
(b)
Before introducing changes to the air navigation system, the aerodrome operator shall take due account of the time needed by the relevant aeronautical information services for the preparation, production and issue of relevant material for promulgation.
SUBPART B — AERODROME OPERATIONAL SERVICES, EQUIPMENT AND INSTALLATIONS (ADR.OPS.B)
ADR.OPS.B.001 Provision of services
The services under Subpart B of this Annex shall be provided at the aerodrome by the aerodrome operator directly or indirectly.
ADR.OPS.B.005 Aerodrome emergency planning
The aerodrome operator shall have and implement an aerodrome emergency plan that:
(a)
is commensurate with the aircraft operations and other activities conducted at the aerodrome;
(b)
provides for the coordination of appropriate organisations in response to an emergency occurring at an aerodrome or in its surroundings; and
(c)
contains procedures for periodic testing of the adequacy of the plan and for reviewing the results in order to improve its effectiveness.
ADR.OPS.B.010 Rescue and firefighting services
(a)
The aerodrome operator shall ensure that:
(1)
aerodrome rescue and firefighting facilities, equipment and services are provided;
(2)
adequate equipment, fire extinguishing agents and sufficient personnel are available in a timely manner;
(3)
rescue and firefighting personnel are properly trained, equipped and qualified to operate in the aerodrome environment; and
(4)
rescue and firefighting personnel potentially required to act in aviation emergencies demonstrate their medical fitness to execute their functions satisfactorily, taking into account the type of activity.
(b)
The aerodrome operator shall establish and implement a training programme for persons involved in rescue and firefighting services of the aerodrome;
(c)
The aerodrome operator shall implement proficiency checks at adequate intervals to ensure continued competence;
(d)
The aerodrome operator shall ensure that:
(1)
adequately qualified and experienced instructors and assessors for the implementation of the training programme are used; and
(2)
suitable facilities and means are used for the provision of the training.
(e)
The aerodrome operator shall:
(1)
maintain appropriate qualification, training and proficiency check records to demonstrate compliance with this requirement;
(2)
on request, make such records available to its personnel concerned; and
(3)
if a person is employed by another employer, on request, make such records of that person available to that new employer.
(f)
Temporary reduction of the level of protection of the aerodrome’s rescue and firefighting services, due to unforeseen circumstances, shall not require prior approval by the Competent Authority.
ADR.OPS.B.015 Monitoring and inspection of movement area and related facilities
(a)
The aerodrome operator shall monitor the condition of the movement area and the operational status of related facilities and report on matters of operational significance, whether of a temporary or permanent nature, to the relevant air traffic services providers and aeronautical information services providers.
(b)
The aerodrome operator shall carry out regular inspections of the movement area and its related facilities.
ADR.OPS.B.020 Wildlife strike hazard reduction
The aerodrome operator shall:
(a)
assess the wildlife hazard on, and in the surrounding, of the aerodrome;
(b)
establish means and procedures to minimise the risk of collisions between wildlife and aircraft, at the aerodrome; and
(c)
notify the appropriate authority if a wildlife assessment indicates conditions in the surroundings of the aerodrome are conducive to a wildlife hazard problem.
ADR.OPS.B.025 Operation of vehicles
The aerodrome operator shall establish and implement procedures for the training, assessment and authorisation of all drivers operating on the movement area.
ADR.OPS.B.030 Surface movement guidance and control system
The aerodrome operator shall ensure that a surface movement guidance and control system is provided at the aerodrome.
ADR.OPS.B.035 Operations in winter conditions
The aerodrome operator shall ensure that means and procedures are established and implemented for providing safe conditions for aerodrome operations during winter conditions.
ADR.OPS.B.040 Night operations
The aerodrome operator shall ensure that means and procedures are established and implemented for providing safe conditions for aerodrome operation during night operations.
ADR.OPS.B.045 Low visibility operations
(a)
The aerodrome operator shall ensure that means and procedures are established and implemented for providing safe conditions for aerodrome operations in low visibility conditions.
(b)
Low visibility procedures shall require prior approval by the Competent Authority.
ADR.OPS.B.050 Operations in adverse weather conditions
The aerodrome operator shall ensure that means and procedures are established and implemented to ensure the safety of aerodrome operations in adverse weather conditions.
ADR.OPS.B.055 Fuel quality
The aerodrome operator shall verify that organisations involved in storing and dispensing of fuel to aircraft have procedures to ensure that aircraft are provided with uncontaminated fuel and of the correct specification.
ADR.OPS.B.065 Visual aids and aerodrome electrical systems
The aerodrome operator shall have procedures to ensure that aerodrome visual aids and electrical systems function as intended.
ADR.OPS.B.070 Aerodrome works safety
(a)
The aerodrome operator shall establish and implement procedures to ensure that:
(1)
aircraft safety is not affected by aerodrome works; and
(2)
aerodrome works safety is not affected by aerodrome operational activities.
ADR.OPS.B.075 Safeguarding of aerodromes
(a)
The aerodrome operator shall monitor on the aerodrome and its surroundings:
(1)
obstacle limitation and protection surfaces as established in accordance with the certification basis, and other surfaces and areas associated with the aerodrome, in order to take, within its competence, appropriate action to mitigate the risks associated with the penetration of those surfaces and areas;
(2)
marking and lighting of obstacles in order to be able to take action within its competence, as appropriate; and
(3)
hazards related to human activities and land use in order to take action within its competence, as appropriate.
(b)
The aerodrome operator shall have procedures in place for mitigating the risks associated with obstacles, developments and other activities within the monitored areas that could impact safe operations of aircraft operating at, to or from the aerodrome.
ADR.OPS.B.080 Marking and lighting of vehicles and other mobile objects
The aerodrome operator shall ensure that vehicles and other mobile objects, excluding aircraft, on the movement area of the aerodrome are marked and if the vehicles are used at night or in conditions of low visibility, lighted. Aircraft servicing equipment and vehicles used only on aprons may be exempted.
ADR.OPS.B.090 Use of the aerodrome by higher code letter aircraft
(a)
Except for aircraft emergency situations, an aerodrome operator may, subject to prior approval by the Competent Authority, permit the use of the aerodrome or parts thereof by aircraft with a higher code letter than the aerodrome design characteristics specified in the terms of the certificate.
(b)
In showing compliance with point (a), the provisions of ADR.OR.B.040 shall apply.
SUBPART C — AERODROME MAINTENANCE (ADR.OPS.C)
ADR.OPS.C.005 General
The aerodrome operator shall establish and implement a maintenance programme, including preventive maintenance where appropriate, to maintain aerodrome facilities so that they comply with the essential requirements set in Annex Va to Regulation (EC) No 216/2008.
ADR.OPS.C.010 Pavements, other ground surfaces and drainage
(a)
The aerodrome operator shall inspect the surfaces of all movement areas including pavements (runways, taxiways and aprons), adjacent areas and drainage to regularly assess their condition as part of an aerodrome preventive and corrective maintenance programme.
(b)
The aerodrome operator shall:
(1)
maintain the surfaces of all movement areas with the objective of avoiding and eliminating any loose object/debris that might cause damage to aircraft or impair the operation of aircraft systems;
(2)
maintain the surface of runways, taxiways and aprons in order to prevent the formation of harmful irregularities;
(3)
take corrective maintenance action when the friction characteristics for either the entire runway or a portion thereof, when uncontaminated, are below a minimum friction level. The frequency of these measurements shall be sufficient to determine the trend of the surface friction characteristics of the runway.
ADR.OPS.C.015 Visual aids and electrical systems
The aerodrome operator shall establish and ensure the implementation of a system of corrective and preventive maintenance of visual aids and electrical systems to ensure lighting and marking system availability, reliability and compliance. |
12.8.2014
EN
Official Journal of the European Union
L 239/22
COMMISSION IMPLEMENTING REGULATION (EU) No 872/2014
of 11 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, 11 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
91,9
ZZ
91,9
0805 50 10
AR
157,4
CL
76,2
TR
74,0
UY
160,5
ZA
140,4
ZZ
121,7
0806 10 10
BR
182,4
CL
187,7
EG
210,1
MA
172,1
MX
247,3
TR
154,3
ZZ
192,3
0808 10 80
AR
173,0
BR
96,2
CL
104,9
CN
121,1
NZ
121,8
US
142,8
ZA
115,8
ZZ
125,1
0808 30 90
AR
213,8
CL
80,2
TR
149,2
ZA
89,9
ZZ
133,3
0809 30
MK
64,7
TR
138,8
ZZ
101,8
0809 40 05
BA
47,9
MK
66,1
TR
127,6
ZA
206,8
ZZ
112,1
(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’. |
21.11.2014
EN
Official Journal of the European Union
L 334/11
COMMISSION IMPLEMENTING REGULATION (EU) No 1242/2014
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 presentation of relevant cumulative data on operations
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 97(2) thereof,
After consulting the Committee for the European Maritime and Fisheries Fund,
Whereas:
(1)
Pursuant to Article 97(1)(a) of Regulation (EU) No 508/2014, the Member States' managing authorities must provide the Commission with relevant cumulative data on operations selected for funding until the end of the previous year, including key characteristics of the beneficiaries and the operations.
(2)
In order to ensure the consistency and completeness of the cumulative data on operations selected for funding, it is necessary to provide common technical specifications and rules for the presentation of that cumulative data. For that purpose it is appropriate to refer to the database structure provided for in Annex I to Commission Implementing Regulation (EU) No 1243/2014 (2).
(3)
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,
HAS ADOPTED THIS REGULATION:
Article 1
The managing authorities shall follow the technical specifications and rules for the presentation of cumulative data on operations selected for funding, including key characteristics of the beneficiaries and the operations themselves, as provided for in Article 97(1)(a) of Regulation (EU) No 508/2014, in accordance with the forms and tables set out in the Annexes to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 149, 20.5.2014, p. 1.
(2) 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 (see page 39 of this Official Journal).
ANNEX I
Information to be provided for each operation for the following fields as referred to in the database structure laid down in Annex I of Regulation (EU) No 1243/2014
Cumulative data on operations selected for funding from 1 January 2014 until 31 December …
Field
Content of field
CCI
Unique Identifier of the Operation (ID)
Name of the operation
NUTS code
Beneficiary
Gender of beneficiary
Size of enterprise
State of progress of the operation
Total eligible cost
Total eligible public cost
EMFF support
Date of approval
Total eligible expenditure
Total eligible public expenditure
EMFF eligible expenditure
Date of final payment to beneficiary
Measure concerned
Output indicator
ANNEX II
Information to be provided for each operation only where the operation relates to fleet measures for the following fields as referred to in the database structure laid down in Annex I of Regulation (EU) No 1243/2014
Cumulative data on operations selected for funding from 1 January 2014 until 31 December …
Field
Content of field
CCI
Unique Identifier of the Operation (ID)
Vessel number ‘Community Fleet Register number’ (CFR)
ANNEX III
Information to be provided for each operation on project implementation data for the following fields as referred to in the database structure laid down in Annex I of Regulation (EU) No 1243/2014
Cumulative data on operations selected for funding from 1 January 2014 until 31 December …
Field
Content of field
CCI
Unique Identifier of the Operation (ID)
Operation implementation data
Value of the implementation data
ANNEX IV
Information to be provided for each operation on result indicators for the following fields as referred to in the database structure laid down in Annex I of Regulation (EU) No 1243/2014
Cumulative data on operations selected for funding from 1 January 2014 until 31 December …
Field
Content of field
CCI
Unique Identifier of the Operation (ID)
Result indicator(s) related to the operation
Indicative result expected by the beneficiary
Value of result indicator when validated after implementation
ANNEX V
Reference tables
Table 1 — project implementation data
Code of the measure
Measures in EMFF
Project implementation data
Code of the implementation data
Possible value and type of value
Community Fleet Register number (CFR) mandatory (Yes or No)
Column 18
Column 20
Column 21
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
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of innovation: products and equipment; process and techniques; management and organisation system
See code in Table 3, numerical
—
Number of people benefiting from the operation directly in companies supported
Numerical
I.2
Article 27 and Article 44(3)
Advisory services
—
Indication as to whether the operation relates to sea or inland fishing or both
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of advisory service: feasibility studies and advisory services; professional advice; business strategies
See code in Table 3, numerical
I.3
Article 28 and Article 44(3)
Partnership scientists and fishermen
—
Indication as to whether the operation relates to sea or inland fishing or both
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of activities: networks; partnership agreement or association; data collection and management; studies; pilot projects; dissemination; seminars; best practices
See code in Table 3, numerical
—
Number of scientists involved in partnership
Numerical
—
Number of fishermen involved in partnership
Numerical
—
Number of other bodies benefiting from the operation
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of activities: training and learning; networking; social dialogue
See code in Table 3, numerical
—
Number of spouses and partners benefiting from the operation
Numerical
—
Number of people or organisations benefiting from the operation (participants in training, members of networks, organisations involved in social dialogue actions)
Numerical
I.5
Article 29(3) and Article 44(1)(a)
Promotion of human capital, job creation and social dialogue — trainees on board SSCF
—
Indication as to whether the operation relates to sea or inland fishing or both
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of activities: training and learning
See code in Table 3, numerical
—
Number of trainees benefiting from the operation
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of diversification: investments on board; angling tourism; restaurants; environmental services; educational activities
See code in Table 3, numerical
—
Number of fishermen concerned
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
Age of the young fishermen benefiting from the operation
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of equipment: investment on board; individual equipment
See code in Table 3, numerical
—
Number of fishermen concerned by the operation
Numerical
I.9
Article 33
Temporary cessation of fishing activities
—
Number of fishermen concerned
Numerical
Yes
—
Number of days covered
Numerical
I.10
Article 34
Permanent cessation of fishing activities
—
Number of fishermen concerned
Numerical
Yes
I.11
Article 35
Mutual Fund for adverse climatic events and environmental incidents — Creation of the Fund
—
Name of mutual fund
String
No
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
See code in Table 3, numerical
Yes
—
Number of crew members concerned
Numerical
I.13
Article 36
Support for the systems of allocation of fishing opportunities
—
Type of activity: design; development; monitoring; evaluation; management
See code in Table 2, numerical
No
—
Type of beneficiary
See code in Table 4, numerical
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
See code in Table 3, numerical
No
—
Number of stocks concerned (if relevant)
Numerical
—
Total area concerned by project (in km2) (if relevant)
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
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
See code in Table 3, numerical
—
Number of fishermen benefiting from the operation
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
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
See code in Table 3, numerical
—
Number of fishermen benefiting from the operation
Numerical
I.17
Article 40(1)(a)
Protection and restoration of marine biodiversity — collection of waste
—
Number of fishermen benefiting from the operation
Numerical
Yes
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
See code in Table 2, numerical
Yes if operation relates to sea
—
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
See code in Table 3, numerical
—
Total area concerned by Natura 2000 (in km2) (if relevant)
Numerical
—
Total area concerned by MPA (in km2) (if relevant)
Numerical
—
Number of fishermen concerned
Numerical
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
Numerical
Yes if operation relates to sea
I.20
Article 41(1)(a) to (c) and Article 44(1)(d)
Energy efficiency and mitigation climate change —On-board investments, energy efficiency audits and schemes, studies
—
Indication as to whether the operation relates to sea or inland fishing or both
See code in Table 2, numerical
Yes if operation relates to sea (only for Article 41(1)(a)
—
Type of operation: equipment on board; fishing gear; energy efficiency audits and schemes; studies
See code in Table 3, numerical
—
Number of fishermen benefiting from the operation
Numerical
—
% decrease in fuel consumption
Numerical
—
% decrease in CO2 emissions if relevant
Numerical
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
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of operation: replacement of engine; modernisation
See code in Table 3, numerical
—
kW before intervention (certified or physically inspected)
Numerical
—
kW after intervention (certified or physically inspected)
Numerical
—
Number of fishermen benefiting from the operation
Numerical
—
% decrease in fuel consumption
Numerical
—
% decrease in CO2 emissions if relevant
Numerical
I.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
See code in Table 2, numerical
Yes if operation relates to sea
—
Type of operation: investments that add value to products; investments on board that improve the quality of the fishery products
See code in Table 3, numerical
—
Number of fishermen benefiting from the operation
Numerical
I.23
Article 43(1) and (3) and Article 44(1)(f)
Fishing ports, landing sites, auction halls and shelters — investments improving fishing port and auction 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
See code in Table 2, numerical
Yes if operation relates to sea
—
Category of investment: Fishing ports; landing sites; auction halls; shelters
See code in Table 5, numerical
—
Type of investment: quality; control and traceability; energy efficiency; environmental protection; safety & working conditions
See code in Table 3, numerical
—
Number of fishermen benefiting from the operation
Numerical
—
Number of other port users or other workers benefiting from the operation
Numerical
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
See code in Table 5, numerical
No
—
Number of fishermen benefiting from the operation
Numerical
Chapter II: Sustainable development of aquaculture
II.1
Article 47
Innovation
—
Type of innovation: knowledge development; introduction of new species; feasibility studies
See code in Table 3, numerical
No
—
Type of research body involved
See code in Table 4, numerical
—
Number of employees benefiting from the operation directly linked in the enterprises supported
Numerical
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
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
Numerical
II.3
Article 48(1)(e) and (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
See code in Table 3, numerical
No
II.4
Article 48(1)(k)
Productive investments in aquaculture — increasing energy efficiency, renewable energy
—
Type of investment: energy efficiency; renewable energy
See code in Table 3, numerical
No
II.5
Article 49
Management, relief and advisory services for aquaculture farms
—
Type of operation: setting up management; purchase of farm advisory services; relief and advisory services (focus on compliance with environmental legislation); relief and advisory services (focus on environmental impact assessment); relief and advisory services (focus on compliance with animal welfare, health & safety, and public health legislations); relief and advisory services (focus on marketing & business strategies)
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
Numerical
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
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
Numerical
—
Number of spouses and life-partners benefiting from the operation
Numerical
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 increased mortalities or diseases
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
Numerical
II.8
Article 52
Encouraging new aquaculture farmers practising sustainable aquaculture
—
Total area concerned (in km2)
Numerical
No
—
Number of employees benefiting from the operation
Numerical
II.9
Article 53
Conversion to eco-management and audit schemes and organic aquaculture
—
Type of operation: conversion to organic aquaculture; participation in EMAS
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
Numerical
—
Total area concerned (in km2)
Numerical
II.10
Article 54
Aquaculture providing environmental services
—
Type of operation: aquaculture in Natura 2000 areas; ex situ conservation and reproduction; aquaculture operations including conservation and improvement of environment and biodiversity
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
Numerical
—
Total area concerned by Natura 2000 (in km2)
Numerical
—
Total area concerned outside Natura 2000 (in km2)
Numerical
II.11
Article 55
Public health measures
—
Number of employees benefiting from the operation
Numerical
No
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
See code in Table 3, numerical
No
—
Number of employees benefiting from the operation
See code in Table 3, numerical
II.13
Article 57
Aquaculture stock insurance
—
Number of employees benefiting from the operation
Numerical
No
Chapter III: Sustainable development of fisheries and aquaculture areas
III.1
Article 62(1)(a)
Preparatory support
—
Type of beneficiary
See code in Table 4, numerical
No
III.2
Article 63
Implementation of local development strategies — selection of FLAGs (1)
—
Total population covered by FLAG (in units)
Numerical
No
—
Number of public partners in FLAG
Numerical
—
Number of private partners in FLAG
Numerical
—
Number of civil society partners in FLAG
Numerical
—
Number of FTE employed by FLAG for administration
Numerical
—
Number of FTE employed by FLAG for animation
Numerical
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
See code in Table 3, numerical
No
—
Type of beneficiary
See code in Table 4, numerical
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
See code in Table 3, numerical
No
—
Number of partners if relevant
Numerical
Chapter IV: Marketing and processing related measures
IV.1
Article 66
Production and marketing plans
—
Number of members of producers' organisations involved
Numerical
No
IV.2
Article 67
Storage aid
—
Number of producers' organisations members benefiting from the operation
Numerical
No
IV.3
Article 68
Marketing measures
—
Type of operation: create producers' organisations, association or inter-branch organisations; find new markets and improve marketing conditions (focus on species with marketing potential); find new markets and improve marketing conditions (focus on unwanted catches); find new markets and improve marketing conditions (focus on products with low impact or organic products); promoting quality and value-added (focus on certification and promotion sustainable products); promoting quality and value-added (focus on quality schemes); promoting quality and value-added (focus on direct marketing); promoting quality and value-added (focus on packaging); transparency of production; traceability and eco-labels; standard contracts; communication and promotional campaigns
See code in Table 3, numerical
—
Number of firms benefiting from the operation
Numerical
—
Number of producers' organisations members benefiting from the operation
Numerical
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
See code in Table 3, numerical
No
—
Number of firms supported
Numerical
—
Number of employees benefiting from the operation
Numerical
Chapter V: Compensation for additional costs in outermost regions for fishery and aquaculture products
V.1
Article 70
Compensation regime
—
Additional costs compensated
Numerical
No
—
Number of firms benefiting from the operation
Numerical
—
Number of employees benefiting from the operation
Numerical
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, aircraft 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
See code in Table 3, numerical
Yes if investments on board
—
Type of beneficiary
See code in Table 4, numerical
VI.2
Article 77
Data collection
—
Type of beneficiary
See code in Table 4, numerical
No
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
See code in Table 3, numerical
No
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
See code in Table 3, numerical
No
—
Type of beneficiary
See code in Table 4, numerical
VIII.2
Article 80(1)(b)
Promotion of the protection of marine environment, and the sustainable use of marine and coastal resources
—
Type of operation: MPA; Natura 2000
See code in Table 3, numerical
No
—
Surface of MPA covered (km2) (if relevant)
Numerical
—
Surface of Natura 2000 covered (km2) (if relevant)
Numerical
—
Type of beneficiary
See code in Table 4, numerical
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
See code in Table 3, numerical
No
—
Type of beneficiary
See code in Table 4, numerical
Table 2 — type of fisheries
Code
Description
Sea
Inland fisheries
Both
Table 3 — types of operation
Code
Description
Linked to measure(s) code
Products and equipment
I.1
Process and techniques
I.1
Management and organisation system
I.1
Feasibility studies and advisory services
I.2
Professional advice
I.2
Business strategies
I.2
Networks
I.3
Partnership agreement or association
I.3
Data collection and management
I.3
Studies
I.3
Pilot projects
I.3
Dissemination
I.3
Seminars
I.3
Best practices
I.3
Training and learning
I.4, I.5
Networking
I.4
Social dialogue
I.4
Investments on board
I.6
Angling tourism
I.6
Restaurants
I.6
Environmental services
I.6
Educational activities
I.6
Investment on board
I.8
Individual equipment
I.8
Adverse climatic event
I.12
Environmental incident
I.12
Rescue costs
I.12
Design
I.13, I.14
Development
I.13, I.14
Monitoring
I.13, I.14
Evaluation
I.13
Management
I.13
Stakeholder participation
I.14
Direct restocking
I.14
Selectivity of gear
I.15
Reduce discards or deal with unwanted catches
I.15
Eliminating impacts on ecosystem and sea bed
I.15
Protecting gears and catches from mammals and birds
I.15
Fish aggregating device in outermost regions
I.15
Developing new technical or organisational knowledge reducing impacts
I.16
Introducing new technical or organisational knowledge reducing impacts
I.16
Developing new technical or organisational knowledge achieving sustainable use
I.16
Introducing new technical or organisational knowledge achieving sustainable use
I.16
Investment in facilities
I.18
Management of resources
I.18
Management plans for Natura 2000 and SPA
I.18
Management of Natura 2000
I.18
Management of MPAs
I.18
Increasing awareness
I.18
Other actions enhancing biodiversity
I.18
Equipment on board
I.20
Fishing gear
I.20
Energy efficiency audits and schemes
I.20
Studies
I.20
Replacement of engine
I.21
Modernisation
I.21
Investments that add value to products
I.22
Investments on board that improve the quality of the fishery products
I.22
Quality
I.23
Control and traceability
I.23
Energy efficiency
I.23
Environmental protection
I.23
Safety & working condition
I.23
Knowledge development
II.1
Introduction of new species
II.1
Feasibility studies
II.1
Productive
II.2
Diversification
II.2
Modernisation
II.2
Animal health
II.2
Quality of products
II.2
Restoration
II.2
Complementary activities
II.2
Environmental and resources
II.3
Water usage and quality
II.3
Closed systems
II.3
Energy efficiency
II.4
Renewable energy
II.4
Setting up management
II.5
Purchase of farm advisory services
II.5
Relief and advisory services (focus on compliance with environmental legislation)
II.5
Relief and advisory services (focus on environmental impact assessment)
II.5
Relief and advisory services (focus on compliance with animal welfare, health & safety, and public health legislations)
II.5
Relief and advisory services (focus on marketing & business strategies)
II.5
Professional training
II.6
Lifelong learning
II.6
Dissemination
II.6
New professional skills
II.6
Improvement of working conditions and promotion of occupational safety
II.6
Networking and exchange of experience
II.6
Identification of areas
II.7
Improvement of support facilities and infrastructures
II.7
Preventing serious damage
II.7
Actions following the detection of increased mortalities or diseases
II.7
Conversion to organic aquaculture
II.9
Participation in EMAS
II.9
Aquaculture in Natura 2000 areas
II.10
Ex-situ conservation and reproduction
II.10
Aquaculture operations including conservation and improvement of environment and biodiversity
II.10
Control and eradication of diseases
II.12
Best practices and codes of conduct
II.12
Reduction of dependence on veterinary medicines
II.12
Veterinary or pharmaceutical studies and good practices
II.12
Health protection groups
II.12
Compensation to mollusc farmers
II.12
Adding value
III.3
Diversification
III.3
Environment
III.3
Socio-cultural
III.3
Governance
III.3
Running costs and animation
III.3
Preparatory support
III.4
Projects within the same MS
III.4
Projects with other MS
III.4
Projects with partners outside the EU
III.4
Create producers' organisations, association or inter-branch organisations
IV.3
Find new markets and improve marketing conditions (focus on species with marketing potential)
IV.3
Find new markets and improve marketing conditions (focus on unwanted catches)
IV.3
Find new markets and improve marketing conditions (focus on products with low impact or organic products)
IV.3
Promoting quality and value-added (focus on certification and promotion sustainable products)
IV.3
Promoting quality and value-added (focus on quality schemes)
IV.3
Promoting quality and value-added (focus on direct marketing)
IV.3
Promoting quality and value-added (focus on packaging)
IV.3
Transparency of production
IV.3
Traceability and eco-labels
IV.3
Standard contracts
IV.3
Communication and promotional campaigns
IV.3
Energy saving or reducing impact on the environment
IV.4
Improve safety, hygiene, health, working conditions
IV.4
Processing catches not for human consumption
IV.4
Processing by-products
IV.4
Processing of organic aquaculture products
IV.4
New or improved products, processes or management system
IV.4
Purchase, installation and development of technology
VI.1
Development, purchase and installation of the components to ensure data transmission
VI.1
Development, purchase and installation of the components necessary to ensure traceability
VI.1
Implementation of programmes for exchanging and analysing data
VI.1
Modernisation and purchase of patrol vessels, aircrafts and helicopters
VI.1
Purchase of other control means
VI.1
Development of innovative control and monitoring systems and pilot projects
VI.1
Training and exchange programmes
VI.1
Cost/benefit analyses and assessments of audits
VI.1
Seminars and media tools
VI.1
Operational costs
VI.1
Implementation of an action plan
VI.1
Implementation of the operational programme
VII.1
IT systems
VII.1
Improving administrative capacity
VII.1
Communication activities
VII.1
Evaluation
VII.1
Studies
VII.1
Control and audit
VII.1
Network of FLAGs
VII.1
Other
VII.1
Contributing to IMS
VIII.1
Contributing to CISE
VIII.1
MPA
VIII.2
Natura 2000
VIII.2
Establishment of monitoring programme
VIII.3
Establishment of measures for MSFD
VIII.3
Table 4 — types of beneficiary
Code
Description
Public authority
Legal person
Natural person
Organisation of fishermen
Producers' organisations
NGO
Research centre/University
Mixed
Table 5 — Categories of investment
Code
Description
Linked to measure(s) code
Fishing ports
I.23, I.24
Landing sites
I.23, I.24
Auction halls
I.23, I.24
Shelters
I.23, I.24
(1) Information to be provided only when the FLAG is selected |
17.5.2014
EN
Official Journal of the European Union
L 147/1
COMMISSION DELEGATED REGULATION (EU) No 518/2014
of 5 March 2014
amending Commission Delegated Regulations (EU) No 1059/2010, (EU) No 1060/2010, (EU) No 1061/2010, (EU) No 1062/2010, (EU) No 626/2011, (EU) No 392/2012, (EU) No 874/2012, (EU) No 665/2013, (EU) No 811/2013 and (EU) No 812/2013 with regard to labelling of energy-related products on the internet
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (1), and in particular Articles 7 and 10 thereof,
Whereas:
(1)
Directive 2010/30/EU requires the Commission to lay down details relating to the labelling of energy-related products by means of delegated acts which contain measures that ensure that potential end-users are provided with the information specified on the label and in the product fiche in case of distance selling, including mail order, by catalogue, telemarketing or through the internet.
(2)
Currently, it is specified that in the case of distance selling the information on the label is to be presented in a specific order. However, there is currently no requirement to display the label itself or the product fiche. Therefore, the ability of end-users to make better informed decisions about their purchases is affected in the case of distance selling because they are neither guided by the colour scale of the label, nor are they informed as to which energy labelling class is the best for the product group or provided with the additional information which is contained in the fiche.
(3)
Distance selling through the internet is increasingly becoming a significant share of the sales of energy-related products. When selling through the internet, it is possible to display the label and the fiche without involving an additional administrative burden. Therefore, dealers should display the label and fiche when selling through the internet.
(4)
For the label and fiche to be displayed on the internet, suppliers should for each model of an energy-related product provide dealers with an electronic version of the label and the fiche, e.g. through making them available on a website where they can be downloaded by dealers.
(5)
In order to implement the requirements of this Regulation as part of normal business cycles, suppliers should be obliged to make the label and fiche available electronically only for new models, including upgrades of existing models, which in practical terms means those with a new model identifier. For existing models supply of an electronic label and fiche should be on a voluntary basis.
(6)
Since displaying the label and the fiche next to the product may require more screen space, it should be allowed to have them displayed using a nested display.
(7)
Commission Delegated Regulations (EU) No 1059/2010 (2), (EU) No 1060/2010 (3), (EU) No 1061/2010 (4), (EU) No 1062/2010 (5), (EU) No 626/2011 (6), (EU) No 392/2012 (7), (EU) No 874/2012 (8), (EU) No 665/2013 (9), (EU) No 811/2013 (10), and (EU) No 812/2013 (11) should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Delegated Regulation (EU) No 1059/2010
Delegated Regulation (EU) No 1059/2010 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in Annex I is made available to dealers for each household dishwasher model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household dishwasher models;’;
(b)
the following point (g) is added:
‘(g)
an electronic product fiche as set out in Annex II is made available to dealers for each household dishwasher model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household dishwasher models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
household dishwashers offered for sale, hire or hire- purchase where the end-user cannot be expected to see the household dishwasher displayed, are marketed with the information provided by suppliers in accordance with Annex IV. Where the offer is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(f) and 3(g) the provisions of Annex VIII shall apply instead;’;
(3)
a new Annex VIII is added in accordance with Annex I to this Regulation.
Article 2
Amendments to Delegated Regulation (EU) No 1060/2010
Delegated Regulation (EU) No 1060/2010 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in Annex II is made available to dealers for each household refrigerating appliance model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household refrigerating appliance models;’;
(b)
the following point (g) is added:
‘(g)
an electronic product fiche as set out in Annex III is made available to dealers for each household refrigerating appliance model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household refrigerating appliance models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
household refrigerating appliances offered for sale, hire or hire purchase where the end-user cannot be expected to see the product displayed, are marketed with the information to be provided by the suppliers in accordance with Annex V. Where the offer for is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(f) and 3(g) the provisions of Annex X shall apply instead;’;
(3)
a new Annex X is added in accordance with Annex II to this Regulation.
Article 3
Amendments to Delegated Regulation (EU) No 1061/2010
Delegated Regulation (EU) No 1061/2010 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in Annex I is made available to dealers for each household washing machine model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household washing machine models;’;
(b)
the following point (g) is added:
‘(g)
an electronic product fiche as set out in Annex II is made available to dealers for each household washing machine model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household washing machine models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
household washing machines offered for sale, hire or hire-purchase where the end-user cannot be expected to see the product displayed are marketed with the information to be provided by suppliers in accordance with Annex IV. Where the offer is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(f) and 3(g) the provisions of Annex VIII shall apply instead;’;
(3)
a new Annex VIII is added in accordance with Annex III to this Regulation.
Article 4
Amendments to Delegated Regulation (EU) No 1062/2010
Delegated Regulation (EU) No 1062/2010 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
in paragraph 1, the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in Annex V is made available to dealers for each television model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other television models;’;
(b)
in paragraph 1, the following point (g) is added:
‘(g)
an electronic product fiche as set out in Annex III is made available to dealers for each television model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other television models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
televisions offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the television displayed, are marketed with the information to be provided by the suppliers in accordance with Annex VI. Where the offer is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(1)(f) and 3(1)(g) the provisions in Annex IX shall apply instead;’;
(3)
a new Annex IX is added in accordance with Annex IV to this Regulation.
Article 5
Amendments to Delegated Regulation (EU) No 626/2011
Delegated Regulation (EU) No 626/2011 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
in paragraph 1, the following point (h) is added:
‘(h)
an electronic label in the format and containing the information set out in Annex III is made available to dealers for each air conditioner model placed on the market from 1 January 2015 with a new model identifier, respecting energy efficiency classes set out in Annex II. It may also be made available to dealers for other air conditioner models;’;
(b)
in paragraph 1, the following point (i) is added:
‘(i)
an electronic product fiche as set out in Annex IV is made available to dealers for each air conditioner model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other air conditioner models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
air conditioners offered for sale, hire or hire purchase where the end-user cannot be expected to see the product displayed, are marketed with the information provided by suppliers in accordance with Annexes IV and VI. Where the offer is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(1)(h) and 3(1)(i) the provisions of Annex IX shall apply instead;’;
(3)
a new Annex IX is added in accordance with Annex V to this Regulation.
Article 6
Amendments to Delegated Regulation (EU) No 392/2012
Delegated Regulation (EU) No 392/2012 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in Annex I is made available to dealers for each household tumble drier model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household tumble drier models;’;
(b)
the following point (g) is added:
‘(g)
an electronic product fiche as set out in Annex II is made available to dealers for each household tumble drier model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other household tumble drier models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
household tumble driers offered for sale, hire or hire-purchase where the end-user cannot be expected to see the product displayed, as specified in Article 7 of Directive 2010/30/EU, are marketed with the information provided by suppliers in accordance with Annex IV to this Regulation. Where the offer is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(f) and 3(g) the provisions of Annex VIII shall apply instead;’;
(3)
a new Annex VIII is added in accordance with Annex VI to this Regulation.
Article 7
Amendments to Delegated Regulation (EU) No 874/2012
Delegated Regulation (EU) No 874/2012 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
in paragraph 1, the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in point 1 of Annex I is made available to dealers for each lamp model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other lamp models.’;
(b)
in paragraph 2, the following point (e) is added:
‘(e)
an electronic label in the format and containing information set out in point 2 of Annex I is made available to dealers for each luminaire model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other luminaire models.’;
(2)
Article 4 is amended as follows:
(a)
in paragraph 1, point (a) is replaced by the following:
‘(a)
each model offered for sale, hire or hire-purchase where the final owner cannot be expected to see the product displayed is marketed with the information to be provided by suppliers in accordance with Annex IV. Where the offer is made through the internet and an electronic label has been made available in accordance with Article 3(1)(f) the provisions in Annex VIII shall apply instead;’;
(b)
in paragraph 2, the following point (d) is added:
‘(d)
each model offered for sale, hire or hire-purchase through the internet and for which an electronic label has been made available in accordance with Article 3(2)(e) is accompanied by the label in accordance with Annex VIII.’;
(3)
a new Annex VIII is added in accordance with Annex VII to this Regulation.
Article 8
Amendments to Delegated Regulation (EU) No 665/2013
Delegated Regulation (EU) No 665/2013 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
in paragraph 1, the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in Annex II is made available to dealers for each vacuum cleaner model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other vacuum cleaner models;’;
(b)
in paragraph 1, the following point (g) is added:
‘(g)
an electronic product fiche as set out in Annex III is made available to dealers for each vacuum cleaner model placed on the market from 1 January 2015 with a new model identifier. It may also be made available to dealers for other vacuum cleaner models.’;
(2)
in Article 4, point (b) is replaced by the following:
‘(b)
vacuum cleaners offered for sale, hire or hire-purchase where the end-user cannot be expected to see the product displayed, as specified in Article 7 of Directive 2010/30/EU, are marketed with the information provided by suppliers in accordance with Annex V to this Regulation. Where the offer is made through the internet and an electronic label and an electronic product fiche have been made available in accordance with Article 3(1)(f) and 3(1)(g) the provisions in Annex VIII shall apply instead;’;
(3)
a new Annex VIII is added in accordance with Annex VIII to this Regulation.
Article 9
Amendments to Delegated Regulation (EU) No 811/2013
Delegated Regulation (EU) No 811/2013 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
in paragraph 1, the following point (f) is added in the first subparagraph:
‘(f)
an electronic label in the format and containing the information set out in point 1.1 of Annex III is made available to dealers for each space heater model conforming to the seasonal space heating energy efficiency classes set out in point 1 of Annex II;’;
(b)
in paragraph 1, the following point (g) is added in the first subparagraph:
‘(g)
an electronic product fiche as set out in point 1 of Annex IV is made available to dealers for each space heater model, whereby for heat pump space heaters models, the electronic product fiche is made available to dealers at least for the heat generator.’;
(c)
in paragraph 1, the following subparagraph is added:
‘From 26 September 2019 an electronic label in the format and containing the information set out in point 1.2 of Annex III shall be made available to dealers for each space heater model conforming to the seasonal space heating energy efficiency classes set out in point 1 of Annex II.’;
(d)
in paragraph 2, the following point (f) is added in the first subparagraph:
‘(f)
an electronic label in the format and containing the information set out in point 2.1 of Annex III is made available to dealers for each combination heater model conforming to the seasonal space heating energy efficiency classes and water heating energy efficiency classes set out in points 1 and 2 of Annex II;’;
(e)
in paragraph 2, the following point (g) is added in the first subparagraph:
‘(g)
an electronic product fiche as set out in point 2 of Annex IV is made available to dealers for each combination heater model, whereby for heat pump combination heaters models, the electronic product fiche is made available to dealers at least for the heat generator.’;
(f)
in paragraph 2, the following subparagraph is added:
‘From 26 September 2019 an electronic label in the format and containing the information set out in point 2.2 of Annex III shall be made available to dealers for each combination heater model conforming to the seasonal space heating energy efficiency classes and water heating energy efficiency classes set out in points 1 and 2 of Annex II.’;
(g)
in paragraph 3, the following point (c) is added:
‘(c)
an electronic product fiche, as set out in point 3 of Annex IV, is made available to dealers for each temperature control model.’;
(h)
in paragraph 4, the following point (c) is added:
‘(c)
an electronic product fiche, as set out in point 4 of Annex IV, is made available to dealers for each solar device model.’;
(i)
in paragraph 5, the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in point 3 of Annex III is made available to dealers for each model comprising a package of space heater, temperature control and solar device conforming to the seasonal space heating energy efficiency classes set out in point 1 of Annex II;’;
(j)
in paragraph 5, the following point (g) is added:
‘(g)
an electronic product fiche as set out in point 5 of Annex IV is made available to dealers for each model comprising a package of space heater, temperature control and solar device.’;
(k)
in paragraph 6, the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in point 4 of Annex III is made available to dealers for each model comprising a package of combination heater, temperature control and solar device conforming to the seasonal space heating energy efficiency classes and water heating energy efficiency classes set out in points 1 and 2 of Annex II;’;
(l)
in paragraph 6, the following point (g) is added:
‘(g)
an electronic product fiche as set out in point 6 of Annex IV is made available to dealers for each model comprising a package of combination heater, temperature control and solar device.’;
(2)
Article 4 is amended as follows:
(a)
in paragraph 1, point (b) is replaced by the following:
‘(b)
space heaters offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the space heater displayed, are marketed with the information provided by the suppliers in accordance with point 1 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex IX shall apply;’;
(b)
in paragraph 2, point (b) is replaced by the following:
‘(b)
combination heaters offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the combination heater displayed, are marketed with the information provided by the suppliers in accordance with point 2 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex IX shall apply;’;
(c)
in paragraph 3, point (b) is replaced by the following:
‘(b)
packages of space heater, temperature control and solar device offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the package of space heater, temperature control and solar device displayed, are marketed with the information provided in accordance with point 3 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex IX shall apply;’;
(d)
in paragraph 4, point (b) is replaced by the following:
‘(b)
packages of combination heater, temperature control and solar device offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the package of combination heater, temperature control and solar device displayed, are marketed with the information provided in accordance with point 4 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex IX shall apply;’;
(3)
Annex VI is amended in accordance with Annex IX to this Regulation;
(4)
a new Annex IX is added in accordance with Annex IX to this Regulation.
Article 10
Amendments to Delegated Regulation (EU) No 812/2013
Delegated Regulation (EU) No 812/2013 is amended as follows:
(1)
Article 3 is amended as follows:
(a)
in paragraph 1, the following point (f) is added in the first subparagraph:
‘(f)
an electronic label in the format and containing the information set out in point 1.1 of Annex III is made available to dealers for each water heater model conforming to the water heating energy efficiency classes set out in point 1 of Annex II;’;
(b)
in paragraph 1, the following point (g) is added in the first subparagraph:
‘(g)
an electronic product fiche as set out in point 1 of Annex IV is made available to dealers for each water heater model, whereby for heat pump water heaters models, the electronic product fiche is made available to dealers at least for the heat generator.’;
(c)
in paragraph 1, the following subparagraph is added:
‘From 26 September 2017 an electronic label in the format and containing the information set out in point 1.2 of Annex III shall be made available to dealers for each water heater model conforming to the water heating energy efficiency classes set out in point 1 of Annex II.’;
(d)
in paragraph 2, the following point (f) is added in the first subparagraph:
‘(f)
an electronic label in the format and containing the information set out in point 2.1 of Annex III is made available to dealers for each hot water storage tank model in accordance with the energy efficiency classes set out in point 2 of Annex II;’;
(e)
in paragraph 2, the following point (g) is added in the first subparagraph:
‘(g)
an electronic product fiche as set out in point 2 of Annex IV is made available to dealers for each hot water storage tank model.’;
(f)
in paragraph 2, the following subparagraph is added:
‘From 26 September 2017 an electronic label in the format and containing the information set out in point 2.2 of Annex III shall be made available to dealers for each hot water storage tank model, in accordance with the energy efficiency classes set out in point 2 of Annex II.’;
(g)
in paragraph 3, the following point (c) is added:
‘(c)
an electronic product fiche, as set out in point 3 of Annex IV, is made available to dealers for each solar device model.’;
(h)
in paragraph 4, the following point (f) is added:
‘(f)
an electronic label in the format and containing the information set out in point 3 of Annex III is made available to dealers for each model comprising a package of water heater and solar device, in accordance with the water heating energy efficiency classes set out in point 1 of Annex II;’;
(i)
in paragraph 4, the following point (g) is added:
‘(g)
an electronic product fiche as set out in point 4 of Annex IV is made available to dealers for each model comprising a package of water heater and solar device.’;
(2)
Article 4 is amended as follows:
(a)
in paragraph 1, point (b) is replaced by the following:
‘(b)
water heaters offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the water heater displayed, are marketed with the information provided by the suppliers in accordance with point 1 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex X shall apply;’;
(b)
in paragraph 2, point (b) is replaced by the following:
‘(b)
hot water storage tanks offered for sale, hire or hire-purchase, where the end user cannot be expected to see the hot water storage tank displayed, are marketed with the information provided by the suppliers in accordance with point 2 of Annex VI; except where the offer is made through the internet in which case the provisions in Annex X shall apply;’;
(c)
in paragraph 3, point (b) is replaced by the following:
‘(b)
packages of water heater and solar device offered for sale, hire or hire purchase, where the end-user cannot be expected to see the package of water heater and solar device displayed, are marketed with the information provided in accordance with point 3 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex X shall apply;’;
(3)
Annex VI is amended in accordance with Annex X to this Regulation;
(4)
A new Annex X is added in accordance with Annex X to this Regulation.
Article 11
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, 5 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 153, 18.6.2010, p. 1.
(2) Commission Delegated Regulations (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers (OJ L 314, 30.11.2010, p. 1).
(3) Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances (OJ L 314, 30.11.2010, p. 17).
(4) Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines (OJ L 314, 30.11.2010, p. 47).
(5) Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions (OJ L 314, 30.11.2010, p. 64).
(6) Commission Delegated Regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of air conditioners (OJ L 178, 6.7.2011, p. 1).
(7) Commission Delegated Regulation (EU) No 392/2012 of 1 March 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household tumble driers (OJ L 123, 9.5.2012, p. 1).
(8) Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires (OJ L 258, 26.9.2012, p. 1).
(9) Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners (OJ L 192, 13.7.2013, p. 1).
(10) Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of space heaters, combination heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device (OJ L 239, 6.9.2013, p. 1).
(11) Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device (OJ L 239, 6.9.2013, p. 83).
ANNEX I
Amendments to the Annexes to Delegated Regulation (EU) No 1059/2010
The following Annex VIII is added:
‘ANNEX VIII
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screenf” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(f) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 2 of Annex I. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(g) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX II
Amendments to the Annexes to Delegated Regulation (EU) No 1060/2010
The following Annex X is added:
‘ANNEX X
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(f) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 3 of Annex II. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(g) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX III
Amendments to the Annexes to Delegated Regulation (EU) No 1061/2010
The following Annex VIII is added:
‘ANNEX VIII
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(f) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 2 of Annex I. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(g) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX IV
Amendments to the Annexes to Delegated Regulation (EU) No 1062/2010
The following Annex IX is added:
‘ANNEX IX
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(1)(f) shall be shown on the display mechanism in proximity to the price of the product in accordance with the timetable set out in Article 3(3). The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 5 of Annex V. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(1)(g) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX V
Amendments to the Annexes to Delegated Regulation (EU) No 626/2011
The following Annex IX is added:
‘ANNEX IX
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(1)(h) shall be shown on the display mechanism in proximity to the price of the product in accordance with the timetable set out in Article 3(4) to 3(6). The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in Annex III. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(1)(i) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX VI
Amendments to the Annexes to Delegated Regulation (EU) No 392/2012
The following Annex VIII is added:
‘ANNEX VIII
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(f) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 4 of Annex I. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(g) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX VII
Amendments to the Annexes to Delegated Regulation (EU) No 874/2012
The following Annex VIII is added:
‘ANNEX VIII
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 4 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(1)(f) or Article 3(2)(e) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in Annex I. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.’
ANNEX VIII
Amendments to the Annexes to Delegated Regulation (EU) No 665/2013
The following Annex VII is added:
‘ANNEX VII
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3(1)(f) shall be shown on the display mechanism in proximity to the price of the product in accordance with the timetable set out in Article 3(2). The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 3 of Annex II. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product on the label;
(b)
indicate on the arrow the energy efficiency class of the product in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3(1)(g) shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX IX
Amendments to the Annexes to Delegated Regulation (EU) No 811/2013
(a)
In Annex VI the title is replaced by the following:
‘Information to be provided in the cases where end-users cannot be expected to see the product displayed, except on the internet’
(b)
The following Annex IX is added:
‘ANNEX IX
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3 or in the case of a package where appropriate duly filled in based on the label and fiches provided by suppliers in accordance with Article 3, shall be shown on the display mechanism in proximity to the price of the product or package in accordance with the timetable set out in Article 3. If both a product and a package are shown, but with a price indicated only for the package, only the package label shall be displayed. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in Annex III. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product or package on the label;
(b)
indicate on the arrow the energy efficiency class of the product or package in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product or package;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product or package in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3 shall be shown on the display mechanism in proximity to the price of the product or package. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’
ANNEX X
Amendments to the Annexes to Delegated Regulation (EU) No 812/2013
(a)
In Annex VI the title is replaced by the following:
‘Information to be provided in the cases where end-users cannot be expected to see the product displayed, except on the internet’
(b)
The following Annex X is added:
‘ANNEX X
Information to be provided in the case of sale, hire or hire-purchase through the internet
(1)
For the purpose of points 2 to 5 of this Annex the following definitions shall apply:
(a)
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
(b)
“nested display” means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;
(c)
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;
(d)
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications.
(2)
The appropriate label made available by suppliers in accordance with Article 3 or in the case of a package where appropriate duly filled in based on the label and fiches provided by suppliers in accordance with Article 3, shall be shown on the display mechanism in proximity to the price of the product or package in accordance with the timetable set out in Article 3. If both a product and a package are shown, but with a price indicated only for the package, only the package label shall be displayed. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in Annex III. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.
(3)
The image used for accessing the label in the case of nested display shall:
(a)
be an arrow in the colour corresponding to the energy efficiency class of the product or package on the label;
(b)
indicate on the arrow the energy efficiency class of the product or package in white in a font size equivalent to that of the price; and
(c)
have one of the following two formats:
(4)
In the case of nested display, the sequence of display of the label shall be as follows:
(a)
the image referred to in point 3 of this Annex shall be shown on the display mechanism in proximity to the price of the product or package;
(b)
the image shall link to the label;
(c)
the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;
(d)
the label shall be displayed by pop up, new tab, new page or inset screen display;
(e)
for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;
(f)
the label shall cease to be displayed by means of a close option or other standard closing mechanism;
(g)
the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product or package in a font size equivalent to that of the price.
(5)
The appropriate product fiche made available by suppliers in accordance with Article 3 shall be shown on the display mechanism in proximity to the price of the product or package. The size shall be such that the product fiche is clearly visible and legible. The product fiche may be displayed using a nested display, in which case the link used for accessing the fiche shall clearly and legibly indicate “Product fiche”. If nested display is used, the product fiche shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.’ |
7.6.2014
EN
Official Journal of the European Union
L 168/103
COMMISSION IMPLEMENTING REGULATION (EU) No 616/2014
of 6 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, 6 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
AL
46,1
MK
38,5
TR
74,3
ZZ
53,0
0707 00 05
MK
30,7
TR
106,0
ZZ
68,4
0709 93 10
MA
68,1
TR
114,2
ZZ
91,2
0805 50 10
AR
120,1
TR
118,2
ZA
130,7
ZZ
123,0
0808 10 80
AR
106,1
BR
84,0
CL
107,1
CN
98,5
NZ
142,1
US
169,1
UY
164,7
ZA
96,8
ZZ
121,1
0809 10 00
TR
248,1
ZZ
248,1
0809 29 00
TR
372,3
ZZ
372,3
(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’. |
16.7.2014
EN
Official Journal of the European Union
L 209/16
COMMISSION REGULATION (EU) No 769/2014
of 11 July 2014
establishing a prohibition of fishing for saithe in VI; Union and international waters of Vb, XII and XIV by vessels flying the flag of Spain
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, 11 July 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
09/TQ43
Member State
Spain
Stock
POK/56-14
Species
Saithe (Pollachius virens)
Zone
VI; Union and international waters of Vb, XII and XIV
Closing date
23.6.2014 |
9.10.2014
EN
Official Journal of the European Union
L 293/12
COMMISSION IMPLEMENTING REGULATION (EU) No 1058/2014
of 8 October 2014
amending for the 221st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (1), and in particular Article 7(1)(a) and Article 7a(1) and (5) thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 23 September 2014 the Sanctions Committee of the United Nations Security Council (UNSC) approved the addition of 14 natural persons and two entities to the Al-Qaida Sanctions Committee's list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Furthermore it decided to amend one entry on the list.
(3)
Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.
(4)
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
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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 Instruments
(1) OJ L 139, 29.5.2002, p. 9.
ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
(1)
the following entries shall be added under the heading ‘Natural persons’:
(a)
‘Ahmed Abdullah Saleh Al-Khazmari Al Zahrani (alias (a) Abu Maryam al-Zahrani; (b) Abu Maryam al-Saudi; (c) Ahmed Abdullah S al-Zahrani; (d) Ahmad Abdullah Salih al-Zahrani; (e) Abu Maryam al-Azadi; (f) Ahmed bin Abdullah Saleh bin al-Zahrani; (g) Ahmed Abdullah Saleh al-Zahrani al-Khozmri). Function: Senior member of Al-Qaida. Date of birth 15.9.1978. Place of birth: Dammam, Saudi Arabia. Nationality: Saudi Arabian. Passport No.: E126785 (Saudi Arabian passport, issued on 27.5.2002, expired on 3.4.2007). Other information: (a) Physical description: eye colour: dark; hair colour: dark; complexion: olive; (b) Speaks Arabic; (c) Father's name is Abdullah Saleh al Zahrani; (d) Photo included in the INTERPOL-UN Security Council Special Notice; (e) Located in Syria. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(b)
‘Azzam Abdullah Zureik Al-Maulid Al-Subhi (alias (a) Mansur al-Harbi; (b) Azzam al-Subhi; (c) Azam Abdallah Razeeq al Mouled Alsbhua; (d) Abu Muslem al-Maky; (e) Abu Suliman al-Harbi; (f) Abu Abdalla al-Harbi; (g) Azam A.R. Alsbhua). Date of birth: 12.4.1976. Place of Birth: Al Baraka, Saudi Arabia. Nationality: Saudi Arabian. Passport no.: C389664 (Saudi Arabian passport, issued on 15.9.2000, expired on 15.9.2005). Other information: (a) Physical description: eye colour: dark; hair colour: dark; complexion: dark; (b) Speaks Arabic; (c) Father's name is Abdullah Razeeq al Mouled al Sbhua; (d) Photo included in the INTERPOL-UN Security Council Special Notice. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(c)
‘Anders Cameroon Ostensvig Dale (alias (a) Muslim Abu Abdurrahman; (b) Abu Abdurrahman the Norwegian; (c) Abu Abdurrahman the Moroccan). Date of birth: 19.10.1978. Place of birth: Oslo, Norway. Nationality: Norwegian. Other information: (a) Physical description: eye colour: brown; hair colour: brown; height: 185 cm. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(d)
‘Ibrahim Suleiman Hamad Al-Hablain (alias (a) Barahim Suliman H. al Hblian; (b) Abu Jabal; (c) Abu-Jabal). Function: Explosives expert and operative for the Abdallah Azzam Brigades (AAB). Date of birth: 17.12.1984. Place of birth: Buraidah, Saudi Arabia. Nationality: Saudi Arabian. Passport no.: (Saudi Arabian passport). Other information: (a) Physical description: eye colour: dark; hair colour: dark; complexion: olive; (b) Speaks Arabic; (c) Photo included in the INTERPOL-UN Security Council Special Notice. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(e)
‘Seifallah Ben-Hassine (alias (a) Seif Allah ben Hocine; (b) Saifallah ben Hassine; (c) Sayf Allah 'Umar bin Hassayn; (d) Sayf Allah bin Hussayn; (e) Abu Iyyadh al-Tunisi; (f) Abou Iyadh el-Tounsi; (g) Abu Ayyad al-Tunisi; (h) Abou Aayadh; (i) Abou Iyadh). Date of birth: 8.11.1965. Nationality: Tunisian. Other information: Leader of Ansar al-Shari'a in Tunisia. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(f)
‘Abd Al-Rahman Bin 'Umayr Al-Nu'Aymi (alias (a) Abd al-Rahman bin 'Amir al-Na'imi; (b) 'Abd al-Rahman al-Nu'aimi; (c) 'Abd al-Rahman bin 'Amir al-Nu'imi; (d) 'Abd al-Rahman bin 'Amir al-Nu'aymi; (e) 'Abdallah Muhammad al-Nu'aymi; (f) 'Abd al-Rahman al-Nua'ymi; (g) A. Rahman al-Naimi; (h) Abdelrahman Imer al Jaber al Naimeh; (i) A. Rahman Omair J Alnaimi; (j) Abdulrahman Omair al Neaimi). Date of birth: 1954. Passport no.: 00868774 (Qatari passport, expired on 27.4.2014). National identification no.: 25463401784 (Qatari ID, expires on 6.12.2019). Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(g)
‘Abd Al-Rahman Khalaf “Ubayd Juday”Al-'Anizi (alias(a) 'Abd al-Rahman Khalaf al-Anizi; b) 'Abd al-Rahman Khalaf al-'Anzi; (c) Abu Usamah al-Rahman; (d) Abu Shaima' Kuwaiti; (e) Abu Usamah al-Kuwaiti; (f) Abu Usama; (g) Yusuf). Date of birth: 1973 (approximately). Nationality: Kuwaiti. Other information: Located in Syria since 2013. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(h)
‘Anas Hasan Khattab (alias (a) Samir Ahmed al-Khayat; (b) Hani; (c) Abu Hamzah; (d) Abu-Ahmad Hadud). Title: Amir. Date of birth: 7.4.1986. Place of birth: Damascus, Syria. National identification no.: 00351762055. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(i)
‘Maysar Ali Musa Abdallah Al-Juburi (alias (a) Muyassir al-Jiburi; (b) Muyassir Harara; (c) Muyassir al-Shammari; (d) Muhammad Khalid Hassan; (e) Al-Shammari; (f) Mus'ab al-Qahtani; (g) Abu Maria al-Qatani). Title: Amir. Date of birth: 1.6.1976. Place of birth: (a) Al-Shura, Mosul, Iraq; (b) Harara, Ninawa Province, Iraq. Nationality: Iraqi. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(j)
‘Shafi Sultan Mohammed Al-Ajmi (alias (a) Shafi al-Ajmi; (b) Sheikh Shafi al-Ajmi; (c) Shaykh Abu-Sultan). Title: Doctor. Date of birth: 1.1.1973. Place of birth: Warah, Kuwait. Address: Area 3, Street 327, Building 41, Al-Uqaylah, Kuwait. Nationality: Kuwaiti. Passport no.: 0216155930. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(k)
‘Abd Al-Rahman Muhammad Mustafa Al-Qaduli (alias (a) 'Abd al-Rahman Muhammad Mustafa Shaykhlari; (b) Umar Muhammad Khalil Mustafa; (c) Abdul Rahman Muhammad al-Bayati; (d) Tahir Muhammad Khalil Mustafa al-Bayati; (e) Aliazra Ra'ad Ahmad; (f) Abu-Shuayb; (g) Hajji Iman; (h) Abu Iman; (i) Abu Ala; (j) Abu Hasan; (k) Abu Muhammad; (l) Abu Zayna). Function: Senior official of the Islamic State in Iraq and the Levant (ISIL). Date of birth: (a) 1959; (b) 1957. Place of birth: Mosul, Ninawa Province, Iraq. Nationality: Iraqi. Other information: Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(l)
‘Emilie Konig. Date of birth: 9.12.1984. Place of birth: Ploemeur, France. Nationality: French. Other information: Located in Syria since 2013. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(m)
‘Kevin Guiavarch. Date of birth: 12.3.1993. Place of birth: Paris, France. Nationality: French. Other information: Located in Syria since 2012. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(n)
‘Oumar Diaby (alias: (a) Omsen (b) Oumar Omsen). Date of birth: 5.8.1975. Place of birth: Dakar, Senegal. Nationality: Senegalese. Other information: Located in Syria. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(2)
the following entries shall be added under the heading ‘Legal persons, groups and entities’:
(a)
‘Ansar Al-shari'a in Tunisia (AAS-T) (alias (a) AAS-T; (b) Ansar al-Sharia in Tunisia; (c)Ansar al-Shari'ah in Tunisia; (d)Ansar al-Shari'ah; (e) Ansar al-Sharia; (f)Supporters of Islamic Law; (g) Al-Qayrawan Media Foundation). Other information: (a) Operates in Tunisia; (b) The leader is Seifallah ben Hassine. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(b)
‘Abdallah Azzam Brigades (AAB) (alias (a) AAB; (b) Abdullah Azzam Brigades; (c) Ziyad al-Jarrah Battalions of the Abdallah Azzam Brigades; (d) Yusuf al-'Uyayri Battalions of the Abdallah Azzam Brigades). Other information: Operates in Lebanon, Syria and the Arabian Peninsula. Date of designation referred to in Article 2a(4)(b): 23.9.2014.’
;
(3)
the entry ‘Iyad ag Ghali. Date of birth: 1954. Place of birth: Abeibara, Kidal region, Mali. Nationality: Malian. Date of designation referred to in Article 2a (4) (b): 25.2.2013.’ under the heading ‘Natural persons’ shall be replaced by the following:
‘Iyad ag Ghali (alias (a)Sidi Mohamed Arhali). Function: Leader of Ansar Eddine. Address: Mali. Date of birth: (a) 1.1.1958; (b) 1958. Place of birth: (a) Abeibara, Kidal region, Mali; (b) Bouressa, Bourem Region, Mali. Passport No.: A1037434 (Malian passport issued on 10.8.2001, expires on 31.12.2014). Other information: (a) Name of father is Ag Bobacer Arhali, name of mother is Rhiachatou Wallet Sidi; (b) Malian birth certificate No 012546. Date of designation referred to in Article 2a (4) (b): 25.2.2013.’ |
9.8.2014
EN
Official Journal of the European Union
L 238/3
COMMISSION REGULATION (EU) No 866/2014
of 8 August 2014
amending Annexes III, V and VI to Regulation (EC) No 1223/2009 of the European Parliament and the Council on cosmetic 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 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (1), and in particular Article 31(2) thereof,
Whereas:
(1)
The substances identified by the denominations alkyl (C12-22) trimethyl ammonium bromide and chloride are regulated as preservatives under entry 44 of Annex V to Regulation (EC) No 1223/2009 with a maximum concentration of 0,1 %.
(2)
The Scientific Committee on Consumer Products (‘SCCP’), subsequently replaced by the Scientific Committee on Consumer Safety (‘SCCS’) pursuant to Commission Decision 2008/721/EC (2), evaluated the safety of alkyl (C16, C18, C22) trimethylammonium chloride (cetrimonium chloride, steartrimonium chloride and behentrimonium chloride) for other uses than as preservatives in 2005, 2007 and 2009.
(3)
The SCCS concluded in its opinion of 8 December 2009 (3) that, apart from the fact that quaternary ammonium derivative formulations have the potential to be skin irritants, especially when combinations of the concerned compounds are used, the use of cetrimonium chloride, steartrimonium chloride and behentrimonium chloride does not pose a risk to the health of the consumer in concentrations below certain limits, which are explicitly set out in the SCCS opinion.
(4)
In order to take into account the skin irritation potential of the combinations of the quaternary ammonium derivatives mentioned above, the Commission considers that, while allowing the use of these substances for other uses than as preservatives at higher concentrations, the sums of these substances should be restricted to the maximum concentration indicated by the SCCS for the individual substances.
(5)
The maximum concentrations indicated by the SCCS as safe for leave-on facial cream products should apply to all leave-on face products, as there is no reason to limit authorisation of those substances to leave-on face creams only.
(6)
New entries in Annex III to Regulation (EC) No 1223/2009 should therefore be added to reflect the above-mentioned considerations, and entry 44 in Annex V should cross-refer to the new entries in Annex III, so that those Annexes are adapted to technical and scientific progress.
(7)
The SCCS evaluated the safety of the mixture citric acid (and) silver citrate. In its opinion of 13 October 2009 (4), it stated that, on the basis of the data submitted, the use of that mixture as a preservative in cosmetic products, at a concentration up to 0,2 % (corresponding to a silver concentration of 0,0024 %), does not pose a risk to the health of the consumer. The Committee specified that the substance was safe when used at the same maximum concentration in deodorants and anti-perspirants, as a preservative and/or an active ingredient. Its use in oral and eye products was, however, explicitly excluded given that only dermal exposure was assessed.
(8)
A new entry in Annex V to Regulation (EC) No 1223/2009 should be added to reflect the above-mentioned considerations and to adapt it to technical and scientific progress.
(9)
The SCCS assessed tris-biphenyl triazine, which is a UV-filter and a nanomaterial. In its opinion of 20 September 2011 (5), it concluded that dermal exposure to formulations containing tris-biphenyl triazine with a mean particle size (median primary particle size) of 81 nm results in low absorption of that substance. Also after oral exposure, absorption of tris-biphenyl triazine is low. No systemic effects are observed after oral or dermal exposure up to 500 mg/kg bw/day. The data analysed by the SCCS leads to the conclusion that the use of 10 % tris-biphenyl triazine, including as nanomaterial, as a UV-filter in cosmetic products can be considered safe for dermal application.
(10)
However, the SCCS clarified that, at the time of the risk assessment, there was too much uncertainty to conclude about safe use of 10 % tris-biphenyl triazine in spray applications, because of concerns over possible inhalation exposure. Therefore, the SCCS concluded that spray products containing tris-biphenyl triazine cannot be recommended until additional information on safety after repeated inhalation is provided.
(11)
In light of the SCCS opinion and taking into account that the use of nanomaterials can improve the efficiency of UV-filters, Annex VI to Regulation (EC) No 1223/2009 should be amended for the purpose of adapting it to technical and scientific progress.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Cosmetic Products,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III, V and VI to Regulation (EC) No 1223/2009 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, 8 August 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 342, 22.12.2009, p. 59.
(2) OJ L 241, 10.9.2008, p. 21.
(3) SCCS/1246/09, http://ec.europa.eu/health/scientific_committees/consumer_safety/docs/sccs_o_012.pdf
(4) SCCS/1274/09, http://ec.europa.eu/health/scientific_committees/consumer_safety/docs/sccs_o_004.pdf
(5) SCCS/1429/11, Revision of 13/14 December 2011, http://ec.europa.eu/health/scientific_committees/consumer_safety/docs/sccs_o_070.pdf
ANNEX
Annexes III, V and VI to Regulation (EC) No 1223/2009 are amended as follows:
(1)
In Annex III, the following entries 265 and 266 are added:
Substance Identification
Conditions
Reference number
Chemical name/INN
Name of Common Ingredients Glossary
CAS number
EC number
Product type, Body parts
Maximum concentration in ready for use preparation
Other
Wording of conditions of use and warnings
a
b
c
d
e
f
g
h
i
‘265
C16-alkyltrimethylammonium chloride
Cetrimonium chloride (1)
112-02-7
203-928-6
(a)
Rinse-off hair products
(a)
2,5 % for the individual concentrations or the sum of the individual concentrations of cetrimonium chloride and steartrimonium chloride
For purposes other than inhibiting the development of micro-organisms in the product. The purpose has to be apparent from the presentation of the product.
C18-alkyltrimethylammonium chloride
Steartrimonium chloride (1)
112-03-8
203-929-1
(b)
Leave-on hair products
(b)
1,0 % for the individual concentrations or the sum of the individual concentrations of cetrimonium chloride and steartrimonium chloride
(c)
Leave-on face products
(c)
0,5 % for the individual concentrations or the sum of the individual concentrations of cetrimonium chloride and steartrimonium chloride
C22-alkyltrimethylammonium chloride
Behentrimonium chloride (1)
17301-53-0
241-327-0
(a)
Rinse-off hair products
(a)
5,0 % for the individual concentration of behentrimonium chloride or the sum of the individual concentrations of cetrimonium chloride, steartrimonium chloride and behentrimonium chloride, while at the same time respecting the relevant maximum concentration for the sum of cetrimonium chloride and steartrimonium chloride set out in entry 265.
For purposes other than inhibiting the development of micro-organisms in the product. The purpose has to be apparent from the presentation of the product.
(b)
Leave-on hair products
(b)
3,0 % for the individual concentration of behentrimonium chloride or the sum of the individual concentrations of cetrimonium chloride, steartrimonium chloride and behentrimonium chloride, while at the same time respecting the relevant maximum concentration for the sum of cetrimonium chloride and steartrimonium chloride set out in entry 265.
(c)
Leave-on face products
(c)
3,0 % for the individual concentration of behentrimonium chloride or the sum of the individual concentrations of cetrimonium chloride, steartrimonium chloride and behentrimonium chloride, while at the same time respecting the relevant maximum concentration for the sum of cetrimonium chloride and steartrimonium chloride set out in entry 265.
(2)
Annex V is amended as follows:
(a)
entry 44 is replaced by the following:
Substance Identification
Conditions
Reference number
Chemical name/INN
Name of Common Ingredients Glossary
CAS number
EC number
Product type, Body parts
Maximum concentration in ready for use preparation
Other
Wording of conditions of use and warnings
a
b
c
d
e
f
g
h
i
‘44
Alkyl (C12-22) trimethyl ammonium bromide and chloride
Behentrimonium chloride (2),
17301-53-0,
241-327-0,
0,1 %
cetrimonium bromide,
57-09-0,
200-311-3,
cetrimonium chloride (3),
112-02-7,
203-928-6,
laurtrimonium bromide,
1119-94-4,
214-290-3,
laurtrimonium chloride,
112-00-5,
203-927-0,
steartrimonium bromide,
1120-02-1,
214-294-5,
steartrimonium chloride (3)
112-03-8
203-929-1
(b)
entry 59 is added:
Substance Identification
Conditions
Reference number
Chemical name/INN
Name of Common Ingredients Glossary
CAS number
EC number
Product type, Body parts
Maximum concentration in ready for use preparation
Other
Wording of conditions of use and warnings
a
b
c
d
e
f
g
h
i
‘59
1,2,3-Propanetricarboxylic acid, 2-hydroxy-, monohydrate and 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, silver(1+) salt, monohydrate
Citric acid (and) Silver citrate
—
460-890-5
0,2 %, corresponding to 0,0024 % of silver
Not to be used in oral products and eye products’
(3)
In Annex VI entry 29 is added:
Substance Identification
Conditions
Reference number
Chemical name/INN
Name of Common Ingredients Glossary
CAS number
EC number
Product type, Body parts
Maximum concentration in ready for use preparation
Other
Wording of conditions of use and warnings
a
b
c
d
e
f
g
h
i
‘29
1,3,5-Triazine, 2,4,6-tris[1,1′-biphenyl]-4-yl-, including as nanomaterial
Tris-biphenyl triazine
Tris-biphenyl triazine (nano)
31274-51-8
—
10 %
Not to be used in sprays.
Only nanomaterials having the following characteristics are allowed:
—
median primary particle size 80 nm;
—
Purity ≥ 98 %;
—
Uncoated’
(1) For use as a preservative, see Annex V, entry No 44.’
(2) For use other than as a preservative, see Annex III, No 266.
(3) For use other than as a preservative, see Annex III, No 265.’ |
3.6.2014
EN
Official Journal of the European Union
L 164/13
COMMISSION IMPLEMENTING REGULATION (EU) No 587/2014
of 2 June 2014
derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and depth for shore seines fishing in certain territorial waters of France (Languedoc-Roussillon and Provence-Alpes-Côte d'Azur)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (1), and in particular Article 13(5) thereof,
Whereas:
(1)
Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.
(2)
At the request of a Member State, the Commission may allow a derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.
(3)
On 1 October 2013 the Commission received a request from France for a derogation from the first subparagraph of Article 13(1) of that Regulation, for the use of shore seines in certain sea areas situated within the territorial waters of France, irrespective of the depth.
(4)
France provided up-to-date scientific and technical justifications for the derogation.
(5)
The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by France and the related draft management plan at its plenary session held from 4 to 8 November 2013.
(6)
The derogation requested by France complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.
(7)
There are specific geographical constraints given the limited size of the continental shelf.
(8)
The shore seines fishery has no significant impact on marine environment.
(9)
The derogation requested by France affects a limited number of only 23 vessels.
(10)
Shore seine fishing is carried out from the shore in shallow depths and targets a variety of species. The nature of this type of fishery is such that it cannot be undertaken with any other gear.
(11)
The management plan guarantees no future increase in the fishing effort, as fishing authorisations will be issued to specified 23 vessels involving a total effort of 1 225 Kw that are already authorised to fish by France.
(12)
The request covers vessels with a track record in the fishery of more than five years and which operate under a management plan adopted by France on 15 April 2014 (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006.
(13)
Those vessels are included on a list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.
(14)
The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 since the French management plan explicitly prohibits to fish above protected habitats.
(15)
The requirement of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers.
(16)
As regards the requirement to comply with Article 9(3) establishing the minimum mesh size, the Commission notes that given the fishing activities concerned are highly selective, have a negligible effect on the marine environment and are not carried out above protected habitats, in line with Article 9(7) of Regulation (EC) No 1967/2006 France authorised a derogation from these provisions in its management plan.
(17)
The fishing activities concerned fulfil the recording requirements set out in Article 14 of Council Regulation (EC) No 1224/2009 (3).
(18)
The fishing activities concerned do not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets.
(19)
The activity of shore seines is regulated in the French management plan to ensure that catches of species mentioned in Annex III to Regulation (EC) No 1967/2006 are minimal.
(20)
Shore seines do not target cephalopods.
(21)
The French management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006.
(22)
The requested derogation should therefore be granted.
(23)
France should report to the Commission in due time and in accordance with the monitoring plan provided for in the French management plan.
(24)
Article 15(11) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (4) requires that for the species subject to the landing obligation as specified in Article 15(1) of the same Regulation, the use of catches of species below the minimum conservation reference size shall be restricted to purposes other than direct human consumption.
(25)
The French management plan includes a derogation to the minimum size of marine organisms for fries of sardine landed for human consumption and targeted by the fishing activities regulated therein, in accordance with Article 15(3) of Regulation (EC) No 1967/2006.
(26)
A limitation in duration of the derogation should be introduced, to reflect the calendar of the entry into force of the landing obligation as defined in Article 15(1) of Regulation (EU) No 1380/2013.
(27)
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
Derogation
Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of France adjacent to the coast of Languedoc-Roussillon and Provence-Alpes-Côte d'Azur to shore seines used by vessels:
(a)
bearing the registration number mentioned in the French management plan;
(b)
having a track record in the fishery of more than five years and not involving any future increase in the fishing effort deployed; and
(c)
holding a fishing authorisation and operating under the management plan adopted by France in accordance with Article 19(2) of Regulation (EC) No 1967/2006.
Article 2
Monitoring plan and reporting
France shall communicate to the Commission, within one year following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1(c).
Article 3
Entry into force and period of application
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 until 31 December 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 36, 8.2.2007, p. 6.
(2) Reference JORF No 0101, 30.4.2014, p. 7452.
(3) 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).
(4) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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). |
15.7.2014
EN
Official Journal of the European Union
L 207/10
COMMISSION IMPLEMENTING REGULATION (EU) No 760/2014
of 10 July 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, 10 July 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)
A cylindrical container made of plastics, approximately 8 cm high, with a diameter of 6 cm, containing 180 ml of paraffin-based lamp oil (a mixture of paraffin containing 68 % of tetradecane, 25 % of pentadecane and approximately 4 % of hexadecane) and a wick. It is covered by a metal seal with a plastic cap that prevents evaporation of the oil and holds the wick in place (so-called ‘oil lamp’).
The container cannot be refilled after the oil has been consumed.
The product is used as a mood light. It can either be placed in a holder (for example, a glass pot) or it can be used independently.
(1) See image.
9405 50 00
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature (GIR) and by the wording of CN codes 9405 and 9405 50 00.
Classification as oil under heading 2710 is excluded as the product has a metal seal with a plastic cap and a wick and thus consists of more elements than oil and a container normally used for packing such goods as provided for under GIR 5(b).
The product has the characteristics and design of an independent lighting fitting of heading 9405 as it has a self-sustaining body containing oil, a metal seal with a plastic cap and a wick. That heading covers electrical and non-electrical lamps and lighting fittings that can be constituted of any materials and use any source of light (see also the Harmonised System Explanatory Notes to heading 9405, part (I)).
The product is therefore to be classified under CN code 9405 50 00 as non-electrical lamps and lighting fittings.
(1) The image is purely for information. |
7.8.2014
EN
Official Journal of the European Union
L 234/1
COMMISSION IMPLEMENTING REGULATION (EU) No 855/2014
of 4 August 2014
approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Robiola di Roccaverano (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 the second subparagraph of Article 53(2) thereof,
Whereas:
(1)
By virtue of the first subparagraph of Article 53(1) of Regulation (EC) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Robiola di Roccaverano’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Commission Regulation (EC) No 1263/96 (3) and by Regulation (EU) No 217/2011 (4).
(2)
The purpose of the application is to amend the specification as regards the temperature in the maturing rooms.
(3)
The Commission has examined the amendments in question and concluded that they are justified. Since the amendments are minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, the Commission may approve them without following the procedure set out in Articles 50 to 52 of that Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The specification for the protected designation of origin ‘Robiola di Roccaverano’ is hereby amended in accordance with Annex I to this Regulation.
Article 2
Annex II to this Regulation contains the consolidated Single Document setting out the main points of the specification.
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,
Ferdinando NELLI FEROCI
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ L 148, 21.6.1996, p. 1.
(3) OJ L 163, 2.7.1996, p. 19.
(4) OJ L 59, 4.3.2011, p. 19.
ANNEX I
The following amendments have been approved to the specification for the protected designation of origin ‘Robiola di Roccaverano’:
The following sentence in the section on the production method has been deleted: ‘The fresh cheeses are ripened naturally in suitable premises for at least three days after they are placed in moulds at a temperature of between 15 °C and 20 °C’. This amendment is requested by the producers, who often use the same premises for production, which requires temperatures of between 20 °C and 24 °C, as for the initial drying. It is very difficult to maintain different temperatures within one building so this requirement often penalises smaller cheese makers. This amendment request is based on observations recorded over many years which demonstrate that removing this requirement does not influence the final quality of the cheese.
ANNEX II
CONSOLIDATED SINGLE DOCUMENT
Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1)
‘ROBIOLA DI ROCCAVERANO’
EC No: IT-PDO-0317-01185 — 11.12.2013
PGI ( ) PDO (X)
1. Name
‘Robiola di Roccaverano’
2. Member State or Third Country
Italy
3. Description of the agricultural product or foodstuff
3.1. Type of product
Class 1.3. — Cheeses
3.2. Description of the product to which the name in point 1 applies
‘Robiola di Roccaverano’ is a cheese made throughout the year from fresh curd subjected to ripening or maturing.
‘Robiola di Roccaverano’ PDO is cylindrical in shape with straight faces with slightly bevelled edges and a slightly convex lateral surface. The faces are between 10 and 14 cm in diameter and the lateral surface is 2,5 to 4 cm in height. Each cheese weighs between 250 and 400 grams. These parameters apply at the end of the minimum maturation period.
The reference criteria for ‘Robiola di Roccaverano’ as regards fat, protein substances and ash are as follows:
fat: minimum 40 % of dry matter
protein substances: minimum 34 % of dry matter
ash: minimum 3 % of dry matter.
The organoleptic properties of ‘Robiola di Roccaverano’ cheese vary according to the degree of ripening it undergoes:
fresh cheese ripened between 4 and 10 days: rind: this may be present in the form of a light natural bloom of mould or may be absent; external appearance: milky white or straw-yellow; paste: milky white; structure: creamy, soft; taste and flavour: delicate, rich and/or slightly sour;
and the mature cheese ripened for 11 days or more: rind: in the form of a natural bloom of mould; external appearance: milky white or straw-yellow or slightly reddish; paste: milky white; structure: soft, slightly more compact as maturing progresses, the flavoursome part next to the rind may be creamy.
The aromas and tastes of ‘Robiola di Roccaverano’ are intensified as the cheese is matured up to the point of pungency.
3.3. Raw materials (for processed products only)
‘Robiola di Roccaverano’ is made from raw whole milk sourced exclusively from the production area from goats of the Roccaverano and Camosciata Alpina breeds and their crosses, ewes of the Pecora delle Langhe breed and cows of the Piemontese and Bruna Alpina breeds and their crosses in the following proportions: using either raw whole goats' milk exclusively or a blend of goats' milk with up to 50 % raw whole cows' and/or ewes' milk, from successive milkings carried out within a period of between 24 and 48 hours.
3.4. Feed (for products of animal origin only)
The sheep and goats are fed by grazing between 1 March and 30 November and with green and/or dried fodder and fresh and processed cereal grain, legumes and oleaginous plants. Parcels of meadow-pasture, grassland and woodland must be entered in a register held by the inspection body. The cows are fed by grazing and with green and/or dried fodder and fresh and processed cereal grain, legumes and oleaginous plants.
More than 80 % of the feed of all the animals must come from the production area. The use of maize silage and fodder is prohibited. The feed must not contain any GMOs. It is prohibited to use milk from livestock farms without grazing land.
3.5. Specific steps in production that must take place in the defined geographical area
Holdings rearing the livestock whose milk is used to produce ‘Robiola di Roccaverano’ must be located within the defined geographical area.
The milk must be produced and processed within the defined geographical area.
3.6. Specific rules concerning slicing, grating, packaging, etc.
The cheeses must be packed in the production area, since the cheese's lack of a rind and its fresh and soft body expose it to the risk of dehydration, oxidation and deterioration of the fat content. In addition, because of its lack of a rind at the time of production, the cheese cannot be indelibly marked.
3.7. Specific rules concerning labelling
On release for consumption, the packaging is sealed with an adhesive label bearing the PDO logo in the form of a stylised ‘R’. The brown, stylised uppercase ‘R’ contains the image of a tower with battlements, inspired by the historic tower in the Municipality of Roccaverano; the counter within the letter ‘R’ represents a ‘Robiola di Roccaverano’ cheese and the stem is decorated with a green and pale yellow/green design intended to represent the meadows and the typical, sinuous shape of the hills of the Langhe. This is enclosed within a dark green ring bearing the words ‘ROBIOLA DI ROCCAVERANO’ in white, uppercase lettering with a small, white stylised flower at bottom centre. The whole logo is printed on a white background. Underneath the logo is the code number identifying the production holding and the label's serial number, on an ochre background for ‘Robiola di Roccaverano’ produced exclusively from goats' milk and on a white background for that produced from a blend of milks. The percentages of the different types of milk used must be marked on the label. All cheeses must be marketed whole, packed and bearing a seal.
4. Concise definition of the geographical area
The geographical area includes the following municipalities: Province of Asti: Bubbio, Cessole, Loazzolo, Mombaldone, Monastero Bormida, Olmo Gentile, Roccaverano, San Giorgio Scarampi, Serole and Vesime; Province of Alessandria: Castelletto d'Erro, Denice, Malvicino, Merana, Montechiaro d'Acqui, Pareto, Ponti, Spigno Monferrato and that part of the Municipality of Cartosio located on the left bank of the Erro stream.
5. Link with the geographical area
5.1. Specificity of the geographical area
The soil is clay with marl subsoil. In certain areas, compaction has produced colluvial soils in the form of a very deep clayey stratum with high water retention capacity, offering a very high level of fertility. The area has a typical continental climate characterised by extreme cold, significant snowfall and frequent cycles of freezing and thawing in winter and a rapid transition to high summer temperatures towards the end of June. There is little variation in the pattern of precipitation and the annual average rainfall is 300 mm, with very low points in the spring-summer period, liable to cause serious droughts. These soil and climate conditions favour the growth of typical forage plants on grassland and meadow-pasture. The meadows feature a wide range of plants, mainly grasses (around 75 %) and legumes (around 25 %), together with a many aromatic and medicinal plants. The main grasses are: ryegrass (Lolium spp.), cock's-foot (Dactylis glomerata), fescue (Festuca spp.), meadow grass (Poa spp.) vernal grass, etc. The main legumes are: mountain clover (Trifolium montanum), bird's-foot trefoil (Lotus corniculatus), milfoil (Achillea spp.), etc. Among the aromatic and scented grasses, in addition to vernal grass, are umbrelliferae, such as wild carrot (Daucus carota carota), creeping thistle (Cirsium arvense), sage (Salvia officinalis), great lavender (Lavandula latifolia), many varieties of thyme (Thymus spp.), common rue (Ruta graveolens), rose hip (Rosa canina canina), etc. This mix of fodder plants, with its natural balance of carbohydrates, proteins and vitamins, provides high-quality feed for sheep, goats and cattle. The sheep and goats also graze on woodland, which as well as protecting the soil, also protects the animals from the excessive heat of summer.
5.2. Specificity of the product
‘Robiola di Roccaverano’ is a small, soft, rindless cheese. It is distinguished by its white paste, without holes. Its texture ranges from soft and creamy to compact and solid and it melts in the mouth, leaving a pleasant flavour and an aftertaste that ranges from green grass/medicinal plants to a more defined and pungent taste, reminiscent of toasted hazelnuts and the whiff of goat.
5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)
The particular flavour and aroma of ‘Robiola di Roccaverano’ are the result of the high-quality raw milk from which it is produced. The quality of the milk can be attributed to the high quality of the cows', goats' and ewes' feed.
The particular properties of the flora with their different scents and aromas are also found in the milk, which means that the fragrance of ‘Robiola di Roccaverano’ cheese is unlike that of any other cheese.
A manuscript written by the priest Pistone dating from 1899 recounts the history of the Parish of Roccaverano and the surrounding hamlets from 960 to 1860. Among the historic information of political relevance are economic data that highlight the importance of Robiola, such as the fact that the Municipality of Roccaverano hosted five annual fairs. On these occasions, ‘excellent Robiole cheeses’ were sold for export. The manuscript refers specifically to export as by that time Robiola was well known not only in Italy but also in France. Clearly, Robiola was regarded as more than just an ordinary cheese and had already been given a specific designation, having characteristics that were different from other cheeses. Artisanal Robiola can also be kept for up to six months in oil in glass jars or stored in straw.
Reference to publication of the specification
(Article 5(7) of Regulation (EC) No 510/2006)
The Ministry launched the national opposition procedure with the publication of the amendment application regarding ‘Robiola di Roccaverano’ Protected Designation of Origin in Official Gazette of the Italian Republic No 160 of 10 July 2013.
The consolidated text of the product specification can be consulted on the following website: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335
or alternatively:
by going direct to the homepage of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Qualità e sicurezza’ (at the top right of the screen) and then on ‘Disciplinari di Produzione all'esame dell'UE’ (Specifications submitted for examination by the EU).
(1) OJ L 93, 31.3.2006, p. 12. Replaced by 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). |
2.7.2014
EN
Official Journal of the European Union
L 195/1
COMMISSION IMPLEMENTING DECISION
of 26 June 2014
on granting derogations to Member States with respect to the transmission of statistics pursuant to Regulation (EU) No 549/2013 of the European Parliament and of the Council concerning the European system of national and regional accounts in the European Union
(notified under document C(2014) 4164)
(Only the Bulgarian, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(Text with EEA relevance)
(2014/403/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (1), and in particular Article 6(1) thereof,
Having regard to the requests made by Kingdom of Belgium, Republic of Bulgaria, Kingdom of Denmark, Federal Republic of Germany, Republic of Estonia, Ireland, Hellenic Republic, Kingdom of Spain, French Republic, Republic of Croatia, Italian Republic, Republic of Cyprus, Republic of Latvia, Republic of Lithuania, Grand Duchy of Luxembourg, Hungary, Republic of Malta, Kingdom of the Netherlands, Republic of Austria, Republic of Poland, Portuguese Republic, Romania, Republic of Slovenia, Slovak Republic, Republic of Finland, Kingdom of Sweden and United Kingdom of Great Britain and Northern Ireland,
Whereas:
(1)
In accordance with Article 6(1) of Regulation (EU) No 549/2013, the Commission should grant temporary derogations to Member States in so far as national statistical systems of the Member States necessitates major adaptations for the application of that Regulation. Derogations should only be granted on duly justified grounds.
(2)
It emerges from the information provided to the Commission that the Member States’ requests for derogations are justified by the need for major adaptations to national administrative and statistical systems in order to comply in full with Regulation (EU) No 549/2013.
(3)
Such derogation should be granted, at their request, to Belgium, Bulgaria, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.
(4)
The measures provided for in this Decision are in accordance with the opinion of the European Statistical System Committee,
HAS ADOPTED THIS DECISION:
Article 1
Derogations as set out in the Annex are granted to the Member States listed therein.
Article 2
This Decision is addressed to the Kingdom of Belgium, Republic of Bulgaria, the Kingdom of Denmark, the Federal Republic of Germany, Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, The Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 26 June 2014.
For the Commission
Algirdas ŠEMETA
Member of the Commission
(1) OJ L 174, 26.6.2013, p. 1.
ANNEX
LIST OF SPECIFIC DEROGATIONS FROM REGULATION (EU) No 549/2013
Country: Belgium
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
2008Q1-2016Q4
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets, current and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2016Q4
1Q
ESE — 16. c) Self employed
EMP — 16. b) Employment in resident production units
Total economy and A*10 breakdown, hours worked, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1Q
P3 — 5. a) Household final consumption expenditure (domestic concept)
Breakdown by durability, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2016Q4
1Q
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current prices, previous year’s prices and chain-linked volumes
1995Q1-2015Q4
1A
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, current prices and previous year’s prices and chain-linked volumes, transmission at t+2 months
2008-2015
1A
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets, current prices and previous year’s prices and chain-linked volumes, transmission at t+2 months
1995-2015
1A
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current prices, previous year’s prices and chain-linked volumes
1995-2015
1A
ESE —16.c) Self employed
EMP— 16.b) Employment in resident production units
Total economy and A*10 breakdown, hours worked
1995-1999
1A
P3 — 5. a) Household final consumption expenditure (domestic concept)
Breakdown by durability, current prices and previous year’s prices and chain linked volumes, transmission at t+2 months
1995-2015
P.53 — 7. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices
1995-2015
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*21 breakdown, thousands of hours worked
1995-1999
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown of the AN_F6 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-1999
All variables
Transactions, assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (to be provided as total S.14+S.15 until expiration derogation)
2012-2015
All variables
Assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (to be provided as total S.14+S.15 15 until expiration derogation)
2012-2015
D.442 — Investment income payable on pension entitlements
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
All sectors, uses and resources
2012-2015
P.53 — Acquisitions less disposals of valuables
All sectors, except S.13 general government
1995-2015
D.44 — Other investment income
All sectors, uses and resources, current prices, non-seasonally adjusted data
1999Q1-2011Q4
D.44 — Other investment income
All sectors, uses and resources, current prices, non-seasonally adjusted data
2012Q1-2016Q4
D.41g — Total interest before FISIM allocation
All sectors, uses and resources, current prices, non-seasonally adjusted data
1999Q1-2002Q4
P.52+P.53 — Changes in inventories and net acquisitions of valuables
All sectors, uses, current prices, non-seasonally adjusted data
1999Q1-2015Q4
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
2012-2015
All variables
NUTS II breakdown, total economy and A*10 breakdown
2000-2002
ETO — 5. Total employment in thousands of persons and thousands of hours worked
EEM — Employees
NUTS II breakdown, total economy and A*10 breakdown, thousands of hours worked
2003-2014
B.1g — 2. Gross value added at basic prices (current prices)
D.1 — 3. Compensation of employees (current prices)
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, total economy and A*10 breakdown
2003-2010
EEM — Employees
NUTS II breakdown, total economy and A*10 breakdown, thousands of persons and thousands of hours worked
2003-2010
ETO — 5. Total employment in thousands of persons and thousands of hours worked
NUTS II breakdown, total economy and A*10 breakdown, thousands of persons
2003-2010
All variables
NUTS III breakdown, total economy and A*10 breakdown
2000-2002
B.1g — 1. Gross value added at basic prices (current prices)
ETO — 2. Total employment in thousands of persons
EEM — Employees
NUTS III breakdown, total economy and A*10 breakdown
2003-2010
All variables
NUTS II breakdown
2000-2010
All variables
Full table including all breakdowns/details, previous year’s prices
2015-2016
All variables
Full table including all breakdowns/details, previous year’s prices
2015-2016
All variables
Full table including all breakdowns/details
1995-1999
AN.211 — 20. Land
S.14 + S.15 — Households + Non-profit institutions serving households
1995-2014
Country: Bulgaria
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.53 — Acquisitions less disposals of valuables
Total economy, previous year’s prices, non-adjusted and seasonally adjusted data
1995Q1-2012Q4
1A
P.53 — Acquisitions less disposals of valuables
Total economy, previous year’s prices
1995-2012
D.9p_S.1311 — of which, payable to sub-sector Central Government (S.1311)
D.9p_S.1313 — of which, payable to sub-sector Local Government (S.1313)
S.1311 — Central government
S.1313 — Local government
1995-2012
D.29p — Other taxes on production, payable
S.13 — General Government
1995-2011
P.5 — Gross capital formation
P.51g — Gross fixed capital formation by industry
Total economy and A*10 breakdowns (where mandatory), current and previous year’s prices and chain-linked volumes
1995-1997
P.53 — Acquisitions less disposals of valuables
Total economy, current and previous year’s prices
1995-1997
P.51g — Gross fixed capital formation by industry
Total economy and A*10 breakdowns (where mandatory), current and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission t+ 15 months
P.33 — 3. Final consumption expenditure of resident households in the rest of the world
P.34 — 4. Final consumption expenditure of non-resident households on the economic territory
Current and previous year’s prices and chain linked volumes
2014-2015
P.33 — 3. Final consumption expenditure of resident households in the rest of the world
P.34 — 4. Final consumption expenditure of non-resident households on the economic territory
Current and previous year’s prices and chain linked volumes
1995-2013
All variables
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2012
F.66 — Provision for calls under standardised guarantees
Assets and liabilities, total economy and all (sub)sectors except sector S.13, consolidated and non-consolidated
2013-2015
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2011
AF.66 — Provision for calls under standardised guarantees
Assets and liabilities, total economy and all (sub)sectors except sector S.13, consolidated and non-consolidated.
2012-2015
D.43 — Reinvested earnings on foreign direct investment
Sectors S.13 — General Government, S.14 — Households, S.15 — Non-profit institutions serving households, uses and resources
1995-2012
D.43S21 — Reinvested earnings on Intra-EU F.D.I.
D43S22 — Reinvested earnings on Extra-EU F.D.I.
D.441 — Investment income attributable to insurance policy holders
D.442 — Investment income payable on pension entitlements
D.443 — Investment income attributable to collective investment fund shareholders
D.614 — Households’ social contributions supplements
D.61SC — Social insurance scheme service charges
All sectors, uses and resources
2012-2015
D.44 — Other investment income
Sectors S.13 — General Government, S.14 — Households, S.15 — Non-profit institutions serving households, uses
1995-2012
D.92 — Investment grants
All sectors, uses
1995-2012
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
All sectors, uses and resources
1995-2015
D.8 — Adjustment for the change in pension entitlements
P.53 — Acquisitions less disposals of valuables
All sectors, uses and resources
1995-2012
D.611 — Employers’ actual social contributions
D.612 — Employers’ imputed social contributions
D.613 — Households’ actual social contributions
Sector S.2 — Rest of the World, uses and resources
1995-2015
D.11 — Wages and salaries
D.12 — Employers’ social contributions
Sector S.2 — Rest of the World, uses and resources
1995-2012
D.71 — Net non-life insurance premiums
Sector S.2 — Rest of the World, resources
1995-2012
D.72 — Non-life insurance claims
Sector S.2 — Rest of the World, uses
1995-2012
D.45 — Rents
All sectors, uses and resources
1995-2012
D.71 — Net non-life insurance premiums
D.72 — Non-life insurance claims
Sector S.13 — General Government, uses and resources
1995-2012
D.3 — Subsidies
D.39 — Other subsidies on production
Sectors S.12 — Financal corporations, S.13 — General Government, S15 — Non-profit institutions serving households, uses and resources
1995-2012
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
Sector S.13 — General Government, uses,
1999Q1-2016Q4
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
Sector S.2 — Rest of the World, resources
1999Q1-2016Q4
D.8 — Adjustment for the change in pension entitlements
All sectors, uses and resources
1999Q1-2013Q4
D.92 — Investment grants
All sectors, uses and resources
1999Q1-2016Q4
D.632 — Social transfers in kind – purchased market production
Sector S.13 — General Government, uses
1999Q1-2016Q4
D.44 — Other investment income
D.43 — Reinvested earnings on foreign direct investment
Sector S.2 — Rest of the World and Sector S.13 — General Government, uses and resources
1999Q1-2016Q4
D.71 — Net non-life insurance premiums
D.72 — Non-life insurance claims
Sector S.2 — Rest of the World and Sector S.13 — General Government, uses and resources
1999Q1-2013Q4
D.45 — Rents
Sector S.13 — General Government, uses
1999Q1-2016Q4
D.45 — Rents
Sector S.2 — Rest of the World, uses and resources
1999Q1-2016Q4
D.3 — Subsidies
D.39 — Other subsidies on production
Sector S.13 — General Government, resources
1999Q1-2013Q4
D.613 — Households’ actual social contributions
S.13 — General government
S.1314 — Social security funds
D.614 — Households’ social contributions supplements
D.61SC Social insurance scheme service charges
S.13 — General government
S.1314 — Social security funds
2012-2015
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, total economy and A*10- breakdown
2000-2007
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, total economy and A*10- breakdown
2008-2014
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
All COFOG divisions
1995-1997
D.92p — of which, investment grants
S.13 — General government,
All COFOG divisions
1995-2018
D.92p — of which, investment grants
S.13 — General government,
All COFOG groups
2001-2018
All variables
Total economy and A*21-industries included in S.13, current replacement costs and previous year’s replacement costs
2000-2015
All variables
Total economy and A*21 breakdown, current and previous year’s prices and chain linked volumes
1995-1997
All variables
All sectors
1995-2007
All variables
Sector S.13 general government
2008-2013
Country: Denmark
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
P.11+P.12 — Market output and output for own final use
P.13 — Non-market output
P.131 — Payments for non-market output
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
(P.11+P.12 to be delivered including P.131; P.13 to be delivered excluding P.131 until expiration derogation)
1995-2011
P.52 — 7. b) Changes in inventories by industry
A*10 breakdown, current prices and previous year’s prices
1995-2018
P.3 — 1. Final consumption expenditure by purpose (Household)
COICOP breakdown into P101 – Pre-primary and primary education, P102 – Secondary education, P103 – Post-secondary non tertiary education, P104 – Tertiary education, P105 – Education not definable by level, current prices and previous year’s prices and chain-linked volumes
1995-2018
F.11 — Monetary gold; F.12 — SDRs; F.21 — Currency; F.22 — Transferable deposits; F.29 — Other deposits; F.31 — Debt securities, Short-term; F.32 — Debt securities, Long-term; F.41 — Loans, Short-term; F.42 — Loans, Long-term; F.51 — Equity; F.511 — Listed shares; F.512 — Unlisted shares; F.519 — Other equity; F.52 — Investment Fund Shares or Units; F.61 — Non-Life Insurance Technical Reserves; F.62 — Life Insurance and Annuity Entitlements; F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits; F.66 — Provision for calls under standardised guarantees; F.81 — Trade credits and advances; F.89 — Other Accounts Receivable, excluding trade credits and advances
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1995-2002
F.11 — Monetary gold; F.12 — SDRs; F.21 — Currency; F.22 — Transferable deposits; F.29 — Other deposits; F.31 — Debt securities, Short-term; F.32 — Debt securities, Long-term; F.41 — Loans, Short-term; F.42 — Loans, Long-term; F.51 — Equity; F.511 — Listed shares; F.512 — Unlisted shares; F.519 — Other equity; F.52 — Investment Fund Shares or Units; F.61 — Non-Life Insurance Technical Reserves; F.62 — Life Insurance and Annuity Entitlements; F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits; F.66 — Provision for calls under standardised guarantees; F.81 — Trade credits and advances; F.89 — Other Accounts Receivable, excluding trade credits and advances
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1995-2002
P.11 — Market Output
P.13 — Non-market output
Sector S.1 — Total Economy and S.13 — General Government, resources (P.11 to be delivered including P.131; P.13 to be delivered excluding P.131 until expiration derogation)
1995-2011
D.212 — Taxes and duties on imports excluding VAT
D.214 — Taxes on products, except VAT and import taxes
All sectors, resources (D.214 to be provided including D.212, D.212 will be empty until expiration derogation)
1995-2018
D.212 — Taxes and duties on imports excluding VAT
D.2122 — Taxes on imports, excluding VAT and import duties
D.2122b — Monetary compensatory amounts on imports
D.2122c — Excise duties
D.2122d — General sales taxes
D.2122e — Taxes on specific services
D.2122f — Profits of import monopolies
D.214 — Taxes on products, except VAT and import taxes
D.214a — Excise duties and consumption taxes
D.214b — Stamp taxes
D.214c — Taxes on financial and capital transactions
D.214d — Car registration taxes
D.214e — Taxes on entertainment
D.214f — Taxes on lotteries, gambling and betting
D.214g — Taxes on insurance premiums
D.214h — Other taxes on specific services
D.214i — General sales or turnover taxes
D.214j — Profits of fiscal monopolies
D.214k — Export duties and monetary comp. amounts on exports
D.214l — Other taxes on products n.e.c.
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
S.212 Institutions and bodies of the EU
(D.214 and sub-items thereof to be provided including D.2122; D.2122 and sub-items thereof will be empty except for D.2122a until expiration derogation)
1995-2018
All (relevant) variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
COFOG groups 09.1 Pre-primary and primary education and 09.2 Secondary education (to be provided with a footnote explaining that a substantial but inseparable part of expenses in 09.1 belongs to 09.2)
2001-2018
P11 — Market output
P13 — Non-market output other than for final use
A*64 breakdown, current prices (P.11 to be delivered including P.131; P.13 to be delivered excluding P.131 until expiration derogation)
2010-2014
P11 — Market output
P13 — Non-market output other than for final use
A*64 breakdown, current prices and previous year’s prices (P.11 to be delivered including P.131; P.13 to be delivered excluding P.131 until expiration derogation)
2015-2016
AN.11+AN.12 — 2. Fixed assets + Inventories
AN.12 — 16. Inventories
All sectors
2012-2017
AN.211 — 20. Land
S.14 + S.15 — Households + Non-profit institutions serving households
1995-2014
Country: Germany
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6 breakdown of fixed assets: AN.1131 Transport equipment, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data, transmission at t+2 months (to be provided as part of AN.113+AN.114 until expiration of derogation)
Transmission Q1-Q4 of year t at September year t+1
1Q
P.52 — 9. b) Changes in inventories
Total economy, current prices and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data (to be provided excluding military inventories of general government until expiration of derogation)
1995Q1-2012Q4
1Q
P.52 — 9. b) Changes in inventories
Total economy, current prices and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data (to be provided excluding military inventories of general government until expiration of derogation)
2013Q1-2016Q4
1A
P.51g — 9. a) Gross fixed capital formation
AN_F6 breakdown of fixed assets: AN.1131 Transport equipment, current prices and previous year’s prices and chain-linked volumes, transmission at t+2 months (to be provided as part of AN.113+AN.114 until expiration of derogation)
Transmission at t+9 months
1A
P.52 — 9. b) Changes in inventories
Total economy, current prices and previous year’s prices and chain linked volumes (to be provided excluding military inventories of general government until expiration of derogation)
1995-2012
1A
P.52 — 9. b) Changes in inventories
Total economy, current prices and previous year’s prices and chain linked volumes (to be provided excluding military inventories of general government until expiration of derogation)
2013-2015
P.52+P.53 — Changes in inventories and acquisitions less disposals of valuables
All sectors (to be provided excluding military inventories of general government until expiration of derogation)
1995-2012
P.52+P.53 — Changes in inventories and acquisitions less disposals of valuables
All sectors (to be provided excluding military inventories of general government until expiration of derogation)
2013-2015
P.51g — 7. a) Gross fixed capital formation by industry – breakdown by fixed asset AN_F6
Breakdown by fixed assets AN_6 and NACE A*10, current prices and previous year’s prices and chain-linked volumes (to be provided for new fixed assets)
1995-2018
P.52 — 7. b) Changes in inventories by industry
A*10 breakdown, current prices and previous year’s prices
1995-2018
P.52 — 7. b) Changes in inventories by industry
Total economy, current prices and previous year’s prices (to be provided excluding military inventories of general government until expiration of derogation)
1995-2012
P.52 — 7. b) Changes in inventories by industry
Total economy, current prices and previous year’s prices (to be provided excluding military inventories of general government until expiration of derogation)
2013-2015
P.3 — 1. Final consumption expenditure by purpose (Household)
P023 — Narcotics (to be included in P022 – Tobacco), P101 — Pre-primary and primary education, P102 — Secondary education, P103 — Post-secondary non-tertiary education, P104 — Tertiary education, P105 — Education not definable by level, current prices and previous year’s prices and chain-linked volumes
1995-2018
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1995-2014
F.6 — Insurance, pension and standardised guarantee schemes and F.7 — Financial Derivatives and Employee Stock Options
Nominal holding gains and losses and other changes in volume, all sectors
2012-2015
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1995-2014
All variables
Sectors S.14 — Households and S.15 — Non-profit institutions serving households, uses and resources (to be provided as total S.14+S.15 until expiration of derogation)
2012-2015
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
All sectors, uses and resources
1995-2015
P.52 — Changes in inventories
Sector S.13 — General Government, uses (to be provided excluding military inventories of general government until expiration of derogation)
1995-2012
P.52 — Changes in inventories
Sector S.13 — General Government, uses (to be provided excluding military inventories of general government until expiration of derogation)
2013-2015
EMP — Employment (in numbers of persons and number of hours worked)
Sector S.13 — General Government; number of hours worked
1995-2018
D.42 — Distributed income of corporations
D.43 — Reinvested earnings on foreign direct investment
D.44 — Other investment income
D.45 — Rents
B.4g — Entrepreneurial income, gross
All sectors, uses and resources, current prices, non-seasonally adjusted
1999Q1-2013Q4
P.52+P.53 — Changes in inventories and net acquisition of valuables
S.13 — General Government, uses, current prices, non-seasonally adjusted (to be provided excluding military inventories of general government until expiration of derogation)
1999Q1-2012Q4
P.52+P.53 — Changes in inventories and net acquisition of valuables
S.13 — General Government, uses, current prices, non-seasonally adjusted (to be provided excluding military inventories of general government until expiration of derogation)
2013Q1-2016Q4
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
All sectors, uses and resources, current prices, non-seasonally adjusted
1999Q1-2016Q4
D.51c — Taxes on holding gains
D.51d — Taxes on winnings from lottery or gambling
D.51e — Other taxes on income n.e.c.
All sectors
1995-2018
B.1g — 2. Gross value added at basic prices (current prices)
NUTS 2 breakdown, total economy, transmission at t+12 months
B.1g — 2. Gross value added at basic prices (current prices),
D1 — 3. Compensation of employees (current prices),
5. Employment in thousands of persons and in thousands of hours worked
ETO — Total
EEM — Employees
NUTS 2 breakdown, A*10 breakdown,, transmission at t+24 months.
2000-2009
B1.g — 2. Gross value added at basic prices (current prices),
D1 — 3. Compensation of employees (current prices)
NUTS II breakdown, A*10 breakdown (aggregations for G-J, K-N, O-U to be provided until expiration of derogation)
2000-2014
ETO — Total Employment (thousands of persons and thousands of hours worked)
EEM — Employees (thousands of persons and thousands of hours worked)
NUTS II breakdown, total economy and A*10 breakdown (aggregations for G-J, K-N, O-U to be provided until expiration of derogation), thousands of persons and thousands of hours worked
2000-2014
ETO — 5. Total Employment in thousands of persons and in thousands of hours worked
NUTS II breakdown, total economy, thousands of persons, at t+12 months
Transmission at t+15 months
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, total economy and A*10 breakdown
2000-2001
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, A*10 breakdown
2002-2012
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, A*10 breakdown (to be provided for new fixed assets and for aggregations for G-J, K-N, O-U until expiration of derogation)
2002-2014
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, A*10 breakdown (to be provided for new fixed assets until expiration of derogation)
2002-2017
D.92 — of which, investment grants
S.13 — General government,
All COFOG groups
2001-2011
P.5 — Gross capital formation
S.13 — General government,
COFOG division 2 and groups in division 2 (to be provided excluding P.52 military inventories of general government until expiration of derogation)
1995-2012
P.5 — Gross capital formation
S.13 — General government,
COFOG division 2 and groups in division 2 (to be provided excluding P.52 military inventories of general government until expiration of derogation)
2013-2015
B.1g — 1. Gross value added at basic prices (current prices),
2. Employment (thousands of persons)
ETO — Total
EEM — Employees
NUTS 3 breakdown, A*10 breakdown,
2000-2009
All variables
NUTS II breakdown (the sum of S.14+S.15 to be transmitted).
2000-2017
All variables
Full table including all details/breakdowns, current prices
Transmission at t+39 months
All variables
Full table including all details/breakdowns, current prices
Transmission at t+39 months
All variables
Full table including all details/breakdowns, current prices
Transmission at t+39 months
AN.1132g — 6. ICT equipment, gross
AN.11321g — 7. Computer hardware, gross
AN.11322g — 8. Telecommunications equipment, gross
AN.1132n — 18. ICT equipment, net
AN.11321n — 19. Computer hardware, net
AN.11322n — 20. Telecommunications equipment, net
Total economy, current replacement costs and previous year’s replacement costs
2000-2017
P.51g_AN1132 — 6. GFCF in ICT equipment
P.51g_AN11321 — 7. GFCF in computer hardware P.51g_AN11322 — 8. GFCF in telecommunications equipment
Total economy, current prices and previous year’s prices and chain-linked volumes
2000-2017
P.51g_AN.111 — 2. GFCF in dwellings
P.51g_AN.112 — 3. GFCF in other buildings and structures
P.51g_AN.113+ P.51g_AN.114 — 4. GFCF in machinery and equipment + weapon systems
P.51g_AN.1131 — 5. GFCF in transport equipment
P.51g_AN.115 — 10. GFCF in cultivate biological resources
A*21 breakdown (to be provided for new fixed assets), current prices and previous year’s prices and chain-linked volumes
1995-2017
AN.1121 — 6. Buildings other than dwellings
AN.1122 — 7. Other structures
AN.12 — 16. Inventories
All sectors
2012-2017
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
All sectors
1999Q1-2016Q4
Country: Estonia
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all (mandatory) breakdowns/details
1995Q1-1999Q4
1Q
All variables
Full table including all (mandatory) breakdowns/details
Transmission at t+70 days
1A
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
1A
All variables
Full table including all (mandatory) breakdowns/details, transmission at t+2 months
Transmission at t+70 days
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
All variables
A*21 and A*64 breakdowns for section U/division 99, current prices and previous year prices and chain-linked volumes
1995-2018
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*21 breakdown, thousands of hours worked
1995-1999
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdown for sections B, D, E, I, J, K, L, N, O, P, Q, R, T, thousands of hours worked
2000-2018
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*64 breakdown for divisions 17, 18, 19, 21, 24, 27, 29_30, 29, 30, 37_39, 51, 58, 59_60, 62_63, 65, 66, 68A, 69_70, 73_75, 73, 74_75, 77, 78, 79, 94, 95, 97_98, thousands of persons
1995-2017
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*64 breakdown for divisions 03, 17, 18, 19, 21, 24, 29_30, 29, 30, 37_39, 51, 58, 59_60, 62_63, 65, 66, 68A, 69_70, 73_75, 73, 74_75, 77, 78, 79, 94, 95, 97_98„ thousands of persons
1995-2017
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*64 breakdown for divisions 02, 03, 05_09, 10_12, 13_15, 16_18, 16, 17, 18, 19, 20, 21, 22_23, 22, 23, 24_25, 24, 25, 26, 27, 28, 29_30, 29, 30, 31_32, 33, 35, 36, 37_39, 45, 46, 47, 50, 51, 52, 53, 55_56, 58_60, 58, 59_60, 61, 62_63, 64, 65, 66, 68A, 69_70, 69_71, 71, 72, 73_75, 73, 74_75, 77, 78, 79, 80_82, 84, 85, 86, 87_88, 90_92, 93, 94, 95, 97_98,, thousands of persons
1995-2017
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*64 breakdown for divisions 41_43, 49, 96, thousands of persons
1995-1996
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdowns for sections B, D, E, I, J, K, L, N, O, P, Q, R, T, thousands of persons
1995-2018
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdowns for sections F, H, M, S, thousands of persons
1995-1996
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdown for sections U,T, thousands of hours worked
2000-2018
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdown for sections U, T, thousands of persons
1995-2018
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
All variables
Full table including all (mandatory) breakdowns/details
1999Q1-1999Q4
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
AN.1132g — 6. ICT equipment, gross
AN.1132n — 18. ICT equipment, net
AN.11322g — 8. Telecommunications equipment, gross
AN.11322n — 20. Telecommunications equipment, net
Total economy, current replacement costs and previous year’s replacement costs (data on AN.1132g and AN.1132n to be provided excluding AN.11322g respectively AN.11322n until expiration derogation)
2000-2017
All variables
A*21 breakdowns for section U, current replacement costs and previous year’s replacement costs
2000-2017
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
P.51g_AN.1132 GFCF in ICT equipment
P.51g_AN.11322 GFCF in telecommunications equipment
Total economy, current and previous year’s prices and chain-linked volumes (data on P.51g_AN.1132 to be provided excluding AN.11322 until expiration derogation)
2000-2017
P.51g_AN.117 GFCF in intellectual property products
Total economy, current and previous year’s prices and chain-linked volumes
1995-2003
All variables
A*21 breakdowns for section U, current prices and previous year prices and chain-linked volumes
1995-2017
All variables
Full table including all (mandatory) breakdowns/details
1995-1999
AN.117 — 10. Intellectual property products
All sectors (to be provided excluding AN.1172 and AN.1179 until expiration derogation)
2000-2015
All variables
Full table including all (mandatory) breakdowns/details
1999Q1-1999Q4
Country: Ireland
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all (mandatory) breakdowns/details
1995Q1-1996Q4
1Q
All variables
Full table including all (mandatory) breakdowns/details
Transmission at t+70 days
1Q
P3 — 5. a) Household final consumption expenditure (domestic concept)
Breakdown by durability, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted
1997Q1-2016Q4
1Q
P3 — 5. b) Household final consumption expenditure (national concept)
P3 — 6. Final consumption expenditure of NPISHs
P.41 — 8. a) Actual individual consumption
P3 — 4. Total final consumption expenditure
Total economy, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted
1997Q1-2016Q4
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
A*21 and A*64 breakdown, current prices
1995-2001
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
A*21 and A*64 breakdown, current prices
Transmission at t+36 months
P.51c — 4. Consumption of fixed capital by industry
A*64 breakdown, current prices and previous year’s prices and chain-linked volumes (A*38 breakdown to be provided until expiration derogation)
1995-2017
P.3 — 1. Final consumption expenditure by purpose (Household)
P082 — Telephone and telefax equipment, P083 — Telephone and telefax services, P090 — Recreation and culture, P101 — Pre-primary and primary education, P102 — Secondary education, P103 — Post-secondary non-tertiary education, P104 — Tertiary education, P105 — Education not definable by level, P096 — Package holidays, P110 — Restaurants and hotels, P112 — Accommodation services, current prices and previous year’s prices and chain-linked volumes
1995-2018
All variables
Transactions, assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (to be provided as total S.14+S15 until expiration derogation)
2012-2014
All variables
Transactions, assets and liabilities, total economy and all (sub)sectors (excluding S.13 and sub-sectors), consolidated and non-consolidated.
1995-2001
F.512 — Unlisted shares; F.519 — Other equity; F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits,
F.66 — Provision for calls under standardised guarantees
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated
2002-2014
All variables
Nominal holdings gains and losses and Other changes in volume, total economy and all sectors
2012-2014
All variables
Assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (to be provided as total S.14+S15 until expiration derogation)
2012-2014
All variables
Assets and liabilities, total economy and all (sub)sectors (excluding S.13 and sub-sectors), consolidated and non-consolidated.
1995-2000
F.512 — Unlisted shares; F.519 — Other equity; F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits,
F.66 — Provision for calls under standardised guarantees
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated
2001-2014
All variables
S.14 — Households and Sector S.15 — Non-profit institutions serving households, uses and resources (to be provided as total S.14+S15 until expiration derogation)
2012-2015
All variables
All sectors, uses and resources
1995-1998
All variables
All sectors, uses and resources, current prices, seasonally adjusted data
Transmission at t+90 days
B.3g — Gross mixed income
Sector S.1M — Households and Non-profit institutions serving households, uses and resources, current prices, non-seasonally adjusted
1999Q1-2016Q4
All (mandatory) variables,
All sectors
1995-2014
Country: Greece
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices, non-adjusted and seasonally adjusted data
1995Q1-2014Q3
1A
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices
1995-2013
P.52+P.53 Changes in inventories and acquisitions less disposals of valuables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2013
P.53 — of which acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices
1995-2013
P.53 Acquisitions less disposals of valuables
All sectors, uses
1995-2013
P.52+P.53 Changes in inventories and acquisitions less disposals of valuables
All sectors, uses, current prices, non-seasonally adjusted
1999Q1-2014Q3
P.5 — Gross capital formation
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG divisions and groups (to be provided excluding P.52 and P.53 until expiration of derogation)
1995-2013
Country: Spain
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.31 — 7. a) Individual consumption expenditure
P.32 — 7. b) Collective consumption expenditure
P.41 — 8. a) Actual individual consumption
Total economy, previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2016Q4
1Q
P.31 — 7. a) Individual consumption expenditure
P.32 — 7. b) Collective consumption expenditure
P.41 — 8. a) Actual individual consumption
Total economy, current prices, non-adjusted and seasonally adjusted data
Transmission at t+3 months
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2016Q4
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, current prices, non-adjusted and seasonally adjusted data
Transmission at t+5 months
1A
D.21 — 2. a) Taxes on products
D.31 — 2. b) Subsidies on products
Total economy, previous year’s prices and chain linked volumes, transmissions at t+ 2 (balance D.21 minus D.31 to be delivered)
1995-2018
1A
P.31 — 7. a) Individual consumption expenditure
P.32 — 7. b) Collective consumption expenditure
P.41 — 8. a) Actual individual consumption
Total economy, previous year’s prices and chain-linked volumes,
1995-2015
1A
P.31 — 7. a) Individual consumption expenditure
P.32 — 7. b) Collective consumption expenditure
P.41 — 8. a) Actual individual consumption
Total economy, current prices, transmission at t+2 months
Transmission at t+3 months
1A
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, current prices, transmission at t+2 months
Transmission at t+5 months
1A
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, previous year’s prices and chain-linked volumes
2012-2015
P.51c — 4. Consumption of fixed capital by industry
A*21 and A*64 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-2015
B.2n+B.3n — 5. Net operating surplus and net mixed income
A*21 and A*64 breakdown, current prices
1995-2015
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-2000
P.51g — 7. a) Gross fixed capital formation by industry – breakdown by fixed asset AN_F6
Breakdown by fixed assets AN_6 by A*10 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-2000
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21 months
P.51g — 7. a) Gross fixed capital formation by industry – breakdown by fixed asset AN_F6
Breakdown by fixed assets AN_6 by A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21 months
P.52 — 7. b) Changes in inventories by industry
A*10 breakdown, current prices and previous year’s prices
1995-2018
P.53 — 7. c) Acquisitions less disposals of valuables
Total economy, current prices
1995-2015
P.53 — 7. c) Acquisitions less disposals of valuables
Total economy, previous year’s prices
1995-2018
D.11 — 9. a) Wages and salaries by industry
A*21 breakdown, current prices, transmission at t+9 months
Transmission at t+12 months
P.3 — 1. Final consumption expenditure by purpose (Household)
P103 — Post-secondary non-tertiary education (to be included in P104), P023 — Narcotics, P122+P127 – Prostitution and Other services nec (to be provided excluding P122) current prices and previous year’s prices and chain-linked volumes
1995-2018
F.66 — Provision for calls under standardised guarantees
Transactions, liabilities, General Government and (sub) sectors, consolidated and non-consolidated
Transmission at t+24 months
F.66 — Entitlements to non-pension benefits and Calls under standardized Guarantees
Assets and liabilities, General Government and (sub) sectors, consolidated and non-consolidated
Transmission at t+24 months
P11 — Market output
P12 — Output for own final use
P13 — Non-market output
P2 — Intermediate consumption
D11 — Wages and salaries
D12 — Employers’ social contributions
D92 — Investment grants
All sectors, except sector S.13 General government, uses and resources
Transmission at t+10 months
D.441 — Investment income attributed to insurance policy holders
D.442 — Investment income payable on pension entitlements
D.443 — Investment income attributable to collective investment fund shareholders
D.611 — Employers’ actual social contributions
D.612 — Employers’ imputed social contributions
D.613 — Households’ actual social contributions
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
D43S21 — Reinvested earnings on Intra-EU F.D.I.
D43S22 — Reinvested earnings on Extra-EU F.D.I.
D43S2I — Reinvested earnings on Intra-EA F.D.I.
D43S2X — Reinvested earnings on Extra-EA F.D.I.
All sectors, except S.13 General government, uses and resources
2012-2015
P.52 — Changes in inventories
P.53 — Acquisitions less disposals of valuables
All sectors, uses
1995-2015
All variables
All sectors, uses and resources, current prices, seasonally adjusted
1999Q1-2014Q4
All variables
Final series, full table, all sectors, uses and resources, current prices, non-seasonally adjusted
1999Q1-2014Q2
10 October 2014 noon
B.3g — Mixed income, gross
Sector S.14+S.15 — Households and Non-profit institutions serving households, uses and resources, current prices, non-seasonally adjusted
1999Q1-2013Q4
D.42 — Distributed income of corporations
D.43 — Reinvested earnings on foreign direct investment
D.44 — Other investment income
D.45 — Rents
All sectors, uses and resources, current prices, non-seasonally adjusted
1999Q1-2013Q4
D.611C — Compulsory employers’ actual social contributions
D.611V — Voluntary employers’ actual social contributions
D.613c — Compulsory households’ actual social contributions
D.613ce — Compulsory employees’ actual social contributions
D.613v — Voluntary households’ actual social contributions
All sectors
1995-2013
D.995e — Employers’ actual social contributions assessed but unlikely to be collected
D.995f — Households’ actual social contributions assessed but unlikely to be collected
D.995g — Capital taxes assessed but unlikely to be collected
S.13 General government
1995-2018
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdowns, total economy and A*10 breakdown
Transmission at t+30 months
All variables
All sectors,
G0702 — Outpatient services
G0703 — Hospital services (G0702 to be included in GO703)
2001-2018
All variables
Full table including all details/breakdown, previous year prices
2015-2016
All variables
Full table including all details/breakdown, previous year’s prices
2015-2016
K1 — Consumption of fixed capital
B2A3N — Operating surplus and mixed income, net
Breakdown by NACE A*64, current prices
2010-2015
K1 — Consumption of fixed capital
B2A3N — Operating surplus and mixed income, net
Breakdown by CPA P*64, current prices
2010, 2015
All variables
Total economy and A*21 breakdown, current replacement costs and previous year’s replacement costs
2000-2014
All variables
A*21 breakdown, previous year’s prices and chain linked volumes
1995-2000
AN.11 — 3. Fixed assets
AN.112 — 5. Other buildings and structures
AN.113+AN.114 — 8. Machinery and equipment + Weapons systems
AN.115 — 9. Cultivated biological resources
AN.117 — 10. Intellectual property products
S.1 Total economy
2000-2011
AN.11+AN.12 — 2. Fixed assets + Inventories
AN.11 — 3. Fixed assets
AN.112 — 5. Other buildings and structures
AN.1121 — 6. Buildings other than dwellings
AN.1122 — 7. Other structures
AN.113+AN.114 — 8. Machinery and equipment + Weapons systems
AN.115 — 9. Cultivated biological resources
AN.117 — 10. Intellectual property products
AN.12 — 16. Inventories
All sectors
2012-2014
AN.111 — 4. Dwellings
All sectors
1995-2014
AN.211 — 20. Land
S.14 + S.15 — Households + Non-profit institutions serving households
1995-2014
F.66 — Entitlements to non-pension benefits and Calls under standardized Guarantees
Assets and liabilities, General Government and (sub) sectors, consolidated and non-consolidated
Transmission at t+24 months
Country: France
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
TC — of which payable tax credits that exceed the taxpayer’s liability
S.13 — General government
2012-2018
P.51c — 4. Consumption of fixed capital by industry
A*64 breakdown, current prices and previous year’s prices and chain-linked volumes (A*38 breakdown to be provided until expiration derogation)
1995-2017
B.2n+B.3n — 5. Net operating surplus and net mixed income
A*64 breakdown, current prices (A*38 breakdown to be provided)
1995-2017
B.2n+B.3n — 5. Net operating surplus and net mixed income
D.29—D.39 — 6. Other taxes on production less other subsidies on production
D1 — 9. Compensation of employees by industry
D.11 — 9. a) Wages and salaries by industry
A*21 breakdown, current prices, transmission at t+9 months
Transmission at t+21 months
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
A*64 breakdown, current prices (A*38 breakdown to be provided until expiration derogation)
1995-1998
B.1g — 3. Gross value added at basic prices by industry
A*64 breakdown, current prices and previous year’s prices and chain-linked volumes (A*38 breakdown to be provided until expiration derogation)
1995-1998
D.29—D.39 — 6. Other taxes on production less other subsidies on production
D1 — 9. Compensation of employees by industry
D.11 — 9. a) Wages and salaries by industry
A*64 breakdown, current prices (A*38 breakdown to be provided until expiration derogation)
1995-2005
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdown, thousands of persons, thousands of hours worked and thousands of jobs, transmission at t+9 months
Transmission at t+21 months
P.3 — 1. Final consumption expenditure by purpose (Household)
P023 — Narcotics
P101 — Pre-primary and primary education
P102 — Secondary education
P103 — Post-secondary non-tertiary education
P104 — Tertiary education
P105 — Education not definable by level, current prices and previous year’s prices and chain linked volumes
1995-2018
D.995a — Taxes on products assessed but unlikely to be collected
D.995b — Other taxes on production assessed but unlikely to be collected
D.995c — Taxes on income assessed but unlikely to be collected
D.995d — Other current taxes assessed but unlikely to be collected
D.995e — Employers’ actual social contributions assessed but unlikely to be collected
D.995f — Households’ actual social contributions assessed but unlikely to be collected
D.995fe — Employees’ actual social contributions assessed but unlikely to be collected
D.995g — Capital taxes assessed but unlikely to be collected
S.13 — General government
1995-2012
B.1g — 2. Gross value added at basic prices (current prices)
NUTS 2 breakdown into the regions Guadeloupe, Martinique, Guyane, Reunion, Mayotte; total and NACE A*10 breakdown (to be provided for the total of the 5 regions until expiration derogation)
2000-2013
All variables, except B.1g — 2. Gross value added at basis prices (current prices) and except POP 6. Population in thousands of persons
NUTS 2 breakdown into the regions Guadeloupe, Martinique, Guyane, Reunion, Mayotte; total and NACE A*10 breakdown (to be provided for the total of the 5 regions until expiration derogation)
2000-2014
B.1g — 2. Gross value added at basic prices (current prices)
NUTS 2 breakdown, total, transmission at t+12 months
Transmission at t+15 months
ETO — Total employment
NUTS 2 breakdown, total, thousands of persons, transmission at t+12 months
Transmission at t+15 months
B.1g — 1. Gross value added at basic prices (volume growth rate based on previous year’s prices)
NUTS 2 breakdown, total, transmission at t+24 months
Transmission at t+27 months
D.1 — 3. Compensation of employees (current prices)
NUTS 2 breakdown, total and A*10 breakdown, transmission at t+24 months
Transmission at t+27 months
P.51g — 4. Gross fixed capital formation (current prices)
NUTS 2 breakdown, total and A*10 breakdown, transmission at t+24 months
Transmission at t+27 months
ETO — Total employment EEM — Employees
NUTS 2 breakdown, A*10 breakdown, thousands of persons and thousands of hours worked, transmission at t+24 months
Transmission at t+27 months
B.1g — 1. Gross value added at basic prices (current prices)
NUTS 3 breakdown into the regions Guadeloupe, Martinique, Guyane, Reunion, Mayotte; total and NACE A*10 breakdown (to be provided for the total of the 5 regions until expiration derogation)
2000-2012
ETO — Total employment EEM — Employees
NUTS 3 breakdown into the regions Guadeloupe, Martinique, Guyane, Reunion, Mayotte; total and NACE A*10 breakdown, thousands of persons (to be provided for the total of the 5 regions until expiration derogation)
2000-2014
ETO — Total employment EEM — Employees
NUTS 3 breakdown, total and A*10 breakdown, thousands of persons, transmission at t+24 months
Transmission at t+27 months
All variables
NUTS 2 breakdown into the regions Guadeloupe, Martinique, Guyane, Reunion, Mayotte (to be provided for the total of the 5 regions until expiration derogation)
2000-2014
All variables
NUTS 2 breakdown
Transmission at t+27 months
Country: Croatia
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all breakdowns/details
1995Q1-1999Q4
1Q
All variables
Full table including all breakdowns/details
Transmission at t+70 days
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17. a) Wages and salaries
D.12 — 17. b) Employers’ social contributions
A*10 breakdown, current prices, non-adjusted and seasonally adjusted data
2000Q1-2015Q4
1Q
P.3 — 5.a) Household final consumption expenditure (domestic concept)
breakdown by durability, current and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
2000Q1-2019Q4
1Q
P.31 — 7.a) Individual consumption expenditure
P.32 — 7.b) Collective consumption expenditure
P.4 — 8 Actual final consumption
P.41 — 8a) Actual individual consumption
Total economy, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
2000Q1-2009Q4
1Q
P.31 — 7.a) Individual consumption expenditure
P.32 — 7.b) Collective consumption expenditure
P.4 — 8 Actual final consumption
P.41 — 8a) Actual individual consumption
Total economy, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
2010Q1-2014Q4
1Q
P.6 — 10) Exports of goods (fob) and services, geographical breakdown
P.7 — 11) Imports of goods (fob) and services, geographical breakdown
P6/P/7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area; S.21 - S.2I Member States whose currency is not the euro, and European institutions and bodies
(except the European Central Bank and other institutions and bodies of the euro area); S.22 Non-member countries and international organisations non resident of EU, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
2008Q1-2016Q4
1Q
P.5 — 9 Gross capital formation
Total economy, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data (to be provided excluding P.53)
2000Q1-2019Q4
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets, current and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
2000Q1-2019Q4
1Q
P.53 — 9.c Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices, non-adjusted and seasonally adjusted data
2000Q1-2019Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons employed, non-adjusted and seasonally adjusted data
2000Q1-2008Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons employed, non-adjusted and seasonally adjusted data
2009Q1-2014Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, thousands of hours worked, non-adjusted and seasonally adjusted data
2000Q1-2008Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, thousands of hours worked, non-adjusted and seasonally adjusted data
2009Q1-2016Q4
1A
All variables
Full table including all breakdowns/details, transmission at t+2 months
Transmission at t+70 days
1A
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
A*10 breakdown, current prices
1995-1999
1A
D.11 — 17. a) Wages and salaries
D.12 — 17. b) Employers’ social contributions
Total economy and A*10 breakdown, current prices
1995-1999
1A
D.11 — 17. a) Wages and salaries
D.12 — 17. b) Employers’ social contributions
Total economy and A*10 breakdown, current prices
2000-2014
1A
P.3 — 5. a) Household final consumption expenditure (domestic concept)
Breakdown by durability, current prices and previous year’s prices and chain linked volumes
1995-2004
1A
P.3 — 5. a) Household final consumption expenditure (domestic concept)
Breakdown by durability, current prices and previous year’s prices and chain linked volumes
2005-2015
1A
P.5 — 9 Gross capital formation
Total economy, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data (to be provided excluding P.53)
1995-2018
1A
P.51g — 9. a) Gross fixed capital formation
AN_F6 breakdown of fixed assets, current prices and previous year’s prices and chain linked volumes
1995-2004
1A
P.51g — 9. a) Gross fixed capital formation
AN_F6 breakdown of fixed assets, current prices and previous year’s prices and chain linked volumes
2005-2015
1A
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current price’s and previous year’s prices
1995-2018
1A
P.6 — 10) Exports of goods (fob) and services, geographical breakdown
P.7 — 11) Imports of goods (fob) and services, geographical breakdown
P6/P/7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21 — S.2I Member States whose currency is not the euro and EUI and bodies (except the ECB and other institutions and bodies of the EA), S.22 Non-member countries and international organisations non resident of EU, current prices and previous year’s prices and chain-linked volumes
2008-2015
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons employed
1995-2008
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons employed
2009-2013
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, thousands of hours worked
1995-2008
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, thousands of hours worked
2009-2015
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2000
P.5 — Gross capital formation
P.52+P.53 — Changes in inventories and acquisitions less disposals of valuables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
(to be provided excluding P.53)
2001-2009
P.5 — Gross capital formation
P.52+P.53 — Changes in inventories and acquisitions less disposals of valuables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
(to be provided excluding P.53)
2010-2015
NP — Acquisitions less disposals of non-financial non-produced assets
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2001-2009
OP5ANP — Gross capital formation and acquisitions less disposals of non-financial non-produced assets,
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
all COFOG divisions and groups
(to be provided excluding NP and P.53)
2001-2009
All variables
A*10/A*21 breakdowns, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21 months
P.51c — 4. Consumption of fixed capital by industry
A*21 and A*64 breakdowns, previous year’s prices and chain linked volumes
1995-2018
P.5 — 9. Gross capital formation
Total economy, current prices and previous year’s prices and chain linked volumes (to be provided excluding P.53)
1995-2018
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-2004
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown, current prices and previous year’s prices and chain-linked volumes
2005-2015
P.51g — 7. a) Gross fixed capital formation by industry, breakdown of fixed assets AN_F6
A*10 breakdown and AN_F6 breakdown of fixed assets, current prices and previous year’s prices and chain-linked volumes
1995-2004
P.51g — 7. a) Gross fixed capital formation by industry, breakdown of fixed assets AN_F6
A*10 breakdown and AN_F6 breakdown of fixed assets, current prices and previous year’s prices and chain-linked volumes
2005-2015
P.52 — 7. b) Changes in inventories by industry
Total economy and A*10 breakdown, previous year’s prices and chain linked volumes
1995-2018
P.53 — 7. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices
1995-2018
D.1 — 9. Compensation of employees by industry
A*21 and A*64 breakdowns, current prices
1995-2014
D.11 — 9. a) Wages and salaries by industry
Total economy and A*21 and A*64 breakdowns, current prices
1995-2014
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 and A*64 breakdowns, thousands of persons
1995-2008
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 and A*64 breakdowns, thousands of persons
2009-2014
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*21 and A*64 breakdowns, thousands of hours worked
1995-2008
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*21 and A*64 breakdowns, thousands of hours worked
2009-2015
All variables
Full table including all breakdowns/details
1995-2004
All variables
Full table including all breakdowns/details
2005-2015
All variables
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1995-2001
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
F.66 — Provision for calls under standardized guarantees
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
2002-2014
F.7 — Financial Derivatives and Employee Stock Options
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
2002-2015
All variables
Transactions, assets and liabilities, S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
2002-2015
F.4 — Loans
Nominal holding gains and losses and other changes in volume, assets, S.11 Non-financial corporations, S.13 General government
2012-2014
F.7 — Financial derivatives and Employee stock options
Nominal holding gains and losses and other changes in volume, assets and liabilities, all sectors
2012-2015
All variables
Nominal holding gains and losses and other changes in volume, S.12 — Financial corporations, consolidated and non-consolidated (to be provided excluding subsectors.S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders)
2002-2015
All variables
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1995-2000
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
F.66 — Provision for calls under standardized guarantees
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
2001-2014
F.7 — Financial Derivatives and Employee Stock Options
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
2001-2015
All variables
Assets and liabilities, S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
2001-2015
All variables
All sectors, uses and resources
1995-2001
P.53 — Acquisitions less disposals of valuables
S.1 — Total Economy, uses
2002-2018
D.43 — Reinvested earnings on foreign direct investment
All sectors, uses and resources
2002-2015
D43S21 — Reinvested earnings on Intra-EU F.D.I.
D43S22 — Reinvested earnings on Extra-EU F.D.I.
All sectors, uses and resources
2012-2015
D.612 — Employers’ imputed social contributions
All sectors, uses and resources
2012-2014
NP — Acquisitions less disposals of non-financial non-produced assets
S.13 — General government, uses
2001-2009
NP — Acquisitions less disposals of non-produced assets
S.2 — Rest of the World, uses
2002-2014
D.611 — Employers’ actual social contributions
S.11 — Non-financial corporations, resources
2012-2014
D.44 — Other investment income
D.45 — Rents
S.2 — Rest of the World, uses and resources
2002-2014
D.611 — Employers’ actual social contributions
D.613 — Households’ actual social contributions
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
S.2 — Rest of the World, uses and resources
2012-2014
D.71 — Net non-life insurance premiums
S.2 — Rest of the World, uses and resources
2002-2015
D.72 — Non-life insurance claims
S.2 — Rest of the World, uses and resources
2002-2015
EMP — Employment (in number of persons and number of hours worked)
Sector S13 general government, thousands of persons and thousands of hours worked
2002-2014
All variables
S.1 — Total economy, S.2 — Rest of the World, S.13 — General Government, uses and resources, current prices, non-seasonally adjusted
1999Q1-2011Q4
NP — Acquisitions less disposals of non-financial non-produced assets
S.13 — General government, uses, current prices, non-seasonally adjusted
2001Q1-2009Q4
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2001
D.612 — Employers’ imputed social contributions
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2012
D.61SC — Social insurance scheme service charges
D.614 — Households’ social contributions supplements
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2012-2016
D.613c — Compulsory households’ actual social contributions
D.613ce — Compulsory employees’ actual social contributions
D.613v — Voluntary households’ actual social contributions
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2002-2018
B.1g — 1. Gross value added at basic prices (volume growth rate based on previous year’s prices)
NUTS II breakdowns, total economy
2000-2018
B.1g — 2. Gross value added at basic prices (current prices);
NUTS II breakdowns, total economy, transmission at t+12 months
Transmission at t+24 months
D.1 — 3. Compensation of employees (current prices)
P.51g — 4. Gross fixed capital formation (current prices)
Total economy and all NUTS II breakdowns, A*10 breakdowns
2000-2006
D.1 — 3. Compensation of employees (current prices)
Total economy and all NUTS II breakdowns, A*10 breakdowns
2007-2014
ETO — 5. Total employment in thousands of persons and thousands of hours worked;
All NUTS II breakdowns, total economy, thousands of persons, transmission at t+12 months
Transmission at t+24 months
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
all COFOG divisions
1995-2000
OP5ANP — Gross capital formation + Acquisitions less disposals of non-financial non-produced assets
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
all COFOG divisions and groups
(to be provided excluding NP and P.53)
2001-2009
P.5 — Gross capital formation
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG divisions and groups
(to be provided excluding P.53)
2001-2009
P.5 — Gross capital formation
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG divisions and groups
(to be provided excluding P.53)
2010-2015
NP — Acquisitions less disposals of non-financial non-produced assets,
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
all COFOG divisions and groups
2001-2009
All variables
All NUTS II breakdowns
2000-2011
All variables
All NUTS II breakdowns
All variables
Full table including all details/breakdowns, current prices
2010-2013
All variables
Full table including all details/breakdowns, previous year’s prices
2010-2016
All variables
Full table including all details/breakdown, current prices
2010-2013
All variables
Full table including all details/breakdowns, previous year’s prices
2000-2016
All variables
Full table including all details/breakdowns, current prices
All variables
Full table including all breakdowns/details
2000-2017
All variables
Full table including all breakdowns/details
1995-2004
All variables
Full table including all breakdowns/details
2005-2014
All variables
Full table including all breakdowns/details, excluding AN.111 Dwellings
1995-2017
AN.111 — 4. Dwellings
All sectors
1995-2014
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1999Q1-2001Q4
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2002Q1-2008Q4
F.61 — Non-Life Insurance Technical Reserves,
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
F.66 — Provision for calls under standardized guarantees
F.7 — Financial Derivatives and Employee Stock Options
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2012Q1-2014Q4
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
Counterpart information for all sectors
1999Q1-2003Q4
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
Counterpart information for all sectors
2004Q1-2008Q4
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2000Q1-2008Q4
Country: Italy
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
EMP 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown (where mandatory), thousands of persons employed and thousands of hours worked, non-adjusted and seasonally adjusted (where mandatory)
Transmission at t+70 days
(May) 2016
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17a) Wages and salaries
D.12 — 17b) Employers’ social contributions
Total economy and A*10 breakdown, current prices
Transmission at t+70 days
(May) 2016
P.3 — 1. Final consumption expenditure by purpose (Household)
P022 — Tobacco, P023 — Narcotics, current prices and previous year’s prices and chain-linked volumes
1995-2015
(September) 2017
All variables
Final series, full table including all breakdowns/details, (final series)
1999Q1-2014Q2
10 October 2014 noon
All variables
NUTS II breakdown, total economy and A*10 breakdown
2000-2010
All variables
NUTS III breakdown, total economy and A*10 breakdown
2000-2011
All variables
NUTS II breakdown
2000-2010
AN.1121 — 6. Buildings other than dwellings
AN.1122 — 7. Other structures
AN.12 — 16. Inventories
AN11+AN12 — 2 Fixed assets+ Inventories
All sectors
2012-2014
Country: Cyprus
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices, non-adjusted and seasonally adjusted data
1995Q1-2017Q4
1Q
All variables
Total economy and all NACE-breakdowns, current and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
Transmission at t+70 days
1A
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices
1995-2012
1A
All variables
Total economy and all NACE-breakdowns, current and previous year’s prices and chain linked volumes, transmission at t+ 2 months
Transmission at t+70 days
P.51g — 7. a) Gross fixed capital formation by industry
Total economy and A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21months
P.51g — 7. a) Gross fixed capital formation by industry
Breakdown by fixed assets AN_F6, total economy and A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21months
P.52 — 7. b) Changes in inventories by industry
Total economy and A*10 breakdown, current prices and previous year’s prices, transmission at t+9 months
Transmission at t+21months
P.53 — 7. c) Acquisitions less disposals of valuables
Total economy, current prices and previous year’s prices
1995-2012
D1 — 9. Compensation of employees by industry
D.11 — 9. a) Wages and salaries by industry
Total economy and A*21 breakdown, current prices, transmission at t+9 months
Transmission at t+21months
F.52 — Investment Fund Shares or Units; F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits and F.66 — Provision for calls under standardised guarantees.
Transactions, assets and liabilities, total economy and all (sub)sectors (excluding sector S13 general government), consolidated and non-consolidated.
1995-2015
F.52 — Investment Fund Shares or Units; F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits and F.66 — Provision for calls under standardised guarantees.
Assets and liabilities, total economy and all (sub)sectors (excluding sector S.13 general government), consolidated and non-consolidated.
1995-2015
P.53 Acquisitions less disposals of valuables
All sectors, uses and resources
1995-2012
NP — Acquisitions less disposals of non-produced assets
All sectors (excluding sector S.13 general government), uses
1995-2015
D43S2I — Reinvested earnings on Intra-EA F.D.I.
D43S2X — Reinvested earnings on Extra-EA F.D.I.
D43S21 — Reinvested earnings on Intra-EU F.D.I.
D43S22 — Reinvested earnings on Extra-EU F.D.I.
D.442 — Investment income payable on pension entitlements
D.443 — Investment income attributable to collective investment fund shareholders
All sectors, uses and resources
2012-2015
D.612 — Employers’ imputed social contributions
D.613 — Households’ actual social contributions
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
All sectors (excluding sector S.13 general government), uses and resources
2012-2015
NP — Acquisitions less disposals of non-produced assets
Sector S.2 — Rest of the World, uses, current prices, non-seasonally adjusted
1999Q1-2016Q4
All variables
Full table including all breakdowns/details
2010-2011
All variables
Full table including all breakdowns/details
2010-2011
All variables
Full table including all breakdowns/details
AN.113g+AN.114g — 4. Machinery and equipment, gross + weapon systems, gross;
AN.1132g — 6. ICT equipment, gross;
AN.11322g — 8. Telecommunications equipment, gross;
AN.1139g+AN.114g — 9. Other machinery and equipment, gross + weapon systems, gross;
AN.113n+AN.114n — 16. Machinery and equipment, net + weapon systems, net;
AN.1132n — 18. ICT equipment, net;
AN.11322n — 20. Telecommunications equipment, net;
AN.1139n+AN.114n — 21. Other machinery and equipment, net + weapon systems, net
Total economy and A*21-breakdown, current replacement costs and previous year’s replacement costs
2000-2016
P.51g_AN.113+AN.114 — 4. GFCF in machinery and equipment+ weapon systems
Total economy and A*21 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-2016
P.51g_AN.1132 — 6. GFCF in ICT equipment; P51g_AN.11322 — 8. GFCF in telecommunications equipment; P51g_AN.1139+AN.114 — 9. GFCF in other machinery and equipment + weapon systems
Total economy, current prices and previous year’s prices and chain-linked volumes
2000-2016
AN.113+AN.114 — 8. Machinery and equipment + Weapons systems;
AN.117 — 10. Intellectual property products
Total economy (S.1)
2000-2017
AN.113+AN.114 — 8. Machinery and equipment + Weapons systems;
AN.117 — 10. Intellectual property products
All sectors
2012-2017
AN.12 — 16. Inventories
All sectors
2012-2017
AN.211 — 20. Land
S.14 + S.15
1995-2017
Country: Latvia
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.5 — 9. Gross capital formation
P.52 — 9. b) Changes in inventories
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, previous year’s prices, non-adjusted and seasonally adjusted data.
1995Q1-1999Q4
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6 breakdowns, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1Q
P.52 — 9. b) Changes in inventories
Total economy, previous year’s prices, non-adjusted and seasonally adjusted data
2000Q1-2009Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown (where mandatory), thousands of persons and thousands of hours worked, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1A
P.5 — 9. Gross capital formation
P.52 — 9. b) Changes in inventories
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, previous year’s prices
1995-1999
1A
P.51g — 9. a) Gross fixed capital formation
AN_F6 breakdown of fixed assets, current prices and previous year’s prices and chain-linked volumes
1995-1999
1A
P.52 — 9. b) Changes in inventories
Total economy, previous year prices
2000-2009
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown (where mandatory), thousands of persons and thousands of hours worked
1995-1999
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
D1 — 9. Compensation of employees by industry
D.11 — 9. a) Wages and salaries by industry
A*64 breakdowns, current prices
1995-1999
B.1g — 3. Gross value added at basic prices by industry
A*64 breakdowns, current prices and previous year’s prices and chain-linked volumes
1995-1999
B.1g — 3. Gross value added at basic prices by industry
A*64 breakdowns, previous year’s prices and chain-linked volumes
2000-2008
P.51c — 4. Consumption of fixed capital by industry
A*21 and A*64 breakdowns, current prices and previous year’s prices and chain-linked volumes
1995-2003
B.2n+B.3n — 5. Net operating surplus and net mixed income
D.29 — D.39 — 6. Other taxes on production less other subsidies on production
A*21 and A*64 breakdowns, current prices
1995-2000
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-1999
P.52 — 7. b) Changes in inventories by industry
A*10 breakdowns, current prices and previous year’s prices
1995-1999
P.52 — 7. b) Changes in inventories by industry
A*10 breakdowns, previous year’s prices
2000-2009
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 and A*64 breakdown, thousands of persons and thousands of hours worked (where mandatory)
1995-1999
All variables
Full transactions table, including all breakdowns/details
1995-2003
All variables
Transactions, assets and liabilities, S.125_S.126_S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
2004-2015
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2015
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2003
All variables
Assets and liabilities, S.125_S.126_S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated
2004-2015
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2015
D43S21 — Reinvested earnings on Intra-EU F.D.I.
D43S22 — Reinvested earnings on Extra-EU F.D.I.
Sector S.12 — Financial Corporations, uses and resources
2012-2015
D.441 — Investment income attributed to insurance policy holders
D.442 — Investment income payable on pension entitlements
D.443 — Investment income attributable to collective investment fund shareholders
Sector S.13 — General Government, uses and resources
2012-2013
EMP — Employment (in number of persons and number of hours worked)
Sector S.13 — General Government, number of persons and number of hours worked
1995-1999
D.61SC — Social insurance scheme service charges
D.614 — Households’ social contributions supplements
S.13 — General government
2012-2013
D.44 — Other investment income
Sector S.13 — General Government, uses and resources, current prices, non-seasonally adjusted
2012Q1-2014Q4
D.51c — Taxes on holding gains
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
S.212 — Institutions and bodies of the European Union
1995-2012
D.61SC — Social insurance scheme service charges
D.614 — Households’ social contributions supplements
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
S.212 — Institutions and bodies of the European Union
2012-2013
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG groups
2001-2006
All variables
Full table including all details/breakdowns, previous year’s prices
2015-2016
All variables
Full table including all details/breakdown, previous year’s prices
2015-2016
All variables
Full table including all details/breakdowns, current prices
All variables
Total economy and A*21 breakdown, current replacement costs and previous year’s replacement costs
2000-2006
All variables
Total economy and A*21 breakdown, previous year’s replacement costs
2007-2017
All variables
Full table including all details/breakdowns
1995-1999
All variables excluding AN.111 Dwellings
Full table including all details/breakdowns
1995-2017
AN.111 — 4. Dwellings
All sectors
1995-2014
All variables
Transactions, assets and liabilities, including all breakdowns/details
1999Q1-2003Q4
Country: Lithuania
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all breakdowns/details
1995Q1-2004Q4
1A
All variables
Full table including all breakdowns/details
1995-2004
All variables, except D.2r, D.21r, D.211r, D.5r, D.61r, D.611r, D.613r, D.91r
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
(derogation concerns the revisions of the variables)
1995-2004
D.2r — Taxes on production and imports, receivable
D.21r — Taxes on products, receivable
D.211r — VAT, receivable
D.5r — Current taxes on income, wealth etc., receivable
D.61r — Net social contributions, receivable
D.611r — of which employers’ actual social contributions
D.613r — of which households’ actual social contributions
D.91r — Capital taxes, receivable
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
(derogation concerns the revisions of the variables)
1995-2004
PTC — Total payable tax credits
TC — of which payable tax credits that exceed the taxpayer’s liability
S.13 — General government
2012-2015
P.3 — 1. Final consumption expenditure by purpose (Household)
P125 — Insurance, P126 — Financial services n.e.c.,
P — Total, current prices and previous year’s prices and chain-linked volumes
1995-2004
All variables
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1995-2009
F.66 — Provision for calls under standardised guarantees
Liabilities, S.13 — General Government and subsectors, consolidated and non-consolidated
2009-2015
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1995-2009
F.66 — Provision for calls under standardised guarantees
Liabilities, S.13 — General Government and subsectors, consolidated and non-consolidated
2009-2015
All variables
Full table including all breakdowns/details
1995-2004
All variables
Sectors S.1 Total economy, S.13 — General government, S.2 — Rest of the world, uses and resources, current prices, non-seasonally adjusted and seasonally adjusted
1999Q1-2004Q4
All variables
Sectors S.1 Total economy, S.13 — General Government and S.2 — Rest of the World, uses and resources, current prices, non-seasonally adjusted and seasonally adjusted
2005Q1-2014Q2
December 2014
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
S.212 — Institutions and bodies of the European Union
(derogation concerns the revisions of the variables)
1995-2004
All variables
Full table including all breakdowns/details
2000-2004
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG divisions
(derogation concerns the revisions of the variables)
1995-2004
All variables
Full table including all breakdowns/details
2000-2004
All variables
Full table including all breakdowns/details
2000-2004
All variables
Full table including all breakdowns/details, current prices
All variables
Full table including all breakdowns/details, current prices
All variables
Full table including all breakdowns/details
AN.11g — 1. Fixed assets, gross
AN.11n — 13. Fixed assets, net
Total economy, current replacement costs and previous year’s replacement costs (to be provided excluding AN.114, AN.115 and part of AN.117 until expiration of derogation)
2000-2017
AN.113g+AN.114g — 4. Machinery and equipment, gross + weapon systems, gross
AN.113n+AN.114n — 16. Machinery and equipment, net + weapon systems, net
Total economy and A*21 breakdown, current replacement costs and previous year’s replacement costs (to be provided excluding AN.114 until expiration of derogation)
2000-2017
AN.115g — 10. Cultivated biological resources, gross
AN.115n — 22. Cultivated biological resources, net
Total and A*21 breakdown„ current replacement costs and previous year’s replacement costs
2000-2017
AN.117g — 11. Intellectual property products, gross
AN.117n — 23. Intellectual property products, net
Total economy, current replacement costs, previous year’s replacement costs (to be provided excluding R & D until expiration of derogation)
2000-2017
P51g_AN.11 — 1. Fixed assets
Total economy, current prices and previous year’s prices and chain-linked volumes (to be provided excluding AN.114 until expiration of derogation)
1995-1999
P51g_AN.113+AN.114 — 4. Machinery and equipment + weapon systems
Total economy and A*21 breakdown, current prices and previous year’s prices and chain-linked volumes (to be provided excluding AN.114)
1995-1999
P51g_AN.117 — 11. Intellectual property products, gross
Total economy, current prices and previous year’s prices and chain-linked volumes, (to be provided excluding AN.1173 until expiration of derogation)
1995-1999
AN.11+AN.12 — 2. Fixed assets + Inventories
All sectors
2012-2017
AN.11 — 3. Fixed assets
AN.115 — 9. Cultivated biological resources
AN.117 — 10. Intellectual property products
S.1 total economy
2000-2017
AN.11 — 3. Fixed assets
AN.115 — 9. Cultivated biological resources
AN.117 — 10. Intellectual property products
Breakdown into sector S.11. Non-financial corporations, S.12. Financial corporations, S.13. General government, S.14+S.15. Households and non-profit institutions serving households
2012-2017
F.66 — Provisions for calls under standardised guarantees
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1999Q1-2008Q4
F.66 — Provisions for calls under standardised guarantees
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2009Q1-2016Q4
Country: Luxembourg
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q, 1A, 2, 3, 5, 8, 9, 11, 22, 26
All variables
Full tables including all breakdowns/details
1995(Q1)-1999(Q4)
1Q
All variables
Total economy and all NACE breakdowns, current and previous year’s prices and chain linked volumes, non-adjusted and all adjusted data. (This derogation will be replaced by the derogation requesting a t+85 days delay in calendar year 2016).
Transmission at t+90 days
1Q
All variables
Total economy and all NACE breakdowns, current and previous year’s prices and chain linked volumes, non-adjusted and all adjusted data. (This derogation will replace the derogation requesting a t+90 days delay in calendar year 2016).
Transmission at t+85 days
1Q
P6 — 10. Exports of goods (fob) and services
P7 — 11 Imports of goods (fob) and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21 - S.2I Member States whose currency is not the euro and European institutions and bodies (except the European Central Bank and other institutions and bodies of the euro), S.22 Non-member countries and international organisations non resident of EU, current and previous year’s prices and chain linked volumes (where mandatory)
2008Q1-2015Q1
1A
All variables
Total economy and all NACE breakdowns, current and previous year’s prices and chain linked volumes, transmission at t+2 months. (This derogation will be replaced by the derogation requesting a t+85 days delay in calendar year 2016).
Transmission at t+90 days
1A
All variables
Total economy and all NACE breakdowns, current and previous year’s prices and chain linked volumes, transmission at t+2 months. (This derogation will replace the derogation requesting a t+90 days delay in calendar year 2016).
Transmission at t+85 days
1A
P6 — 10. Exports of goods and services
P7 — 11. Imports of goods and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21 - S.2I Member States whose currency is not the euro and European institutions and bodies (except the European Central Bank and other institutions and bodies of the euro), S.22 Non-member countries and international organisations non resident of EU, current and previous year’s prices and chain linked volumes (where mandatory)
2008-2013
All variables
Transactions and other changes, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1995-1998
All variables
Transactions and other changes, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1999-2001
All variables
Transactions, assets and liabilities, S.14 Households and S.15 Non-profit institutions serving households, consolidated and non-consolidated (total S.14+S.15 to be provided until expiration derogation)
2012-2015
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1995-1998
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated
1999-2001
All variables
Assets and liabilities, sector S.14 Households and sector S.15 Non-profit institutions serving households, consolidated and non-consolidated (total S.14+S.15 to be provided until expiration derogation)
2012-2015
All variables
Sectors S.14 — Households and S.15 — Non-profit institutions serving households, uses and resources (to be provided for total S.14+S.15 until expiration derogation)
2012-2015
All variables
All breakdowns/details
1999Q1-1999Q4
All variables
Sectors S.1 — Total economy and S.2 — Rest of the world, uses and resources, current prices, seasonally adjusted data
Transmission at t+90 days
P7 — Imports of goods and services
P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21 - S.2I Member States whose currency is not the euro and European institutions and bodies (except the European Central Bank and other institutions and bodies of the euro), S.22 Non-member countries and international organisations non resident of EU, current prices.
2010-2011
P6 — Exports of goods and services
P6 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21 - S.2I Member States whose currency is not the euro and European institutions and bodies (except the European Central Bank and other institutions and bodies of the euro), S.22 Non-member countries and international organisations non resident of EU, current prices
2010-2011
P6 — Exports of goods and services
P7 — Imports of goods and services
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21 - S.2I Member States whose currency is not the euro and European institutions and bodies (except the European Central Bank and other institutions and bodies of the euro), S.22 Non-member countries and international organisations non resident of EU, current prices
All variables
All breakdowns/details
1999Q1-1999Q4
Country: Hungary
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all breakdowns/details
Transmission at t+70 days
(May) 2016
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets into: AN.117 Intellectual property products, current prices, previous year’s prices and chain-linked volume, non-adjusted and seasonally adjusted data
1995Q1-2011Q4
1Q
P.53 — Acquisitions less disposals of valuables
Total economy, current and previous year’s prices, non-adjusted and seasonally adjusted data
1995Q1-2019Q4
1A
All variables
Full table including all breakdowns/details, transmission at t+2 months
Transmission at t+70 days
1A
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets into: AN.117 Intellectual property products, current prices, previous year’s prices and chain-linked volume, non-adjusted and seasonally adjusted data
1995-2011
1A
P.53 — Acquisitions less disposals of valuables
Total economy, current and previous year’s prices
1995-2012
P.52+P.53 — Changes in inventories and acquisitions less disposals of valuables OP5ANP — Gross capital formation and acquisitions less disposals of non-financial non-produced assets
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security fund
(to be provided excluding P.53 until expiration of derogation)
1995-2018
P.51g — 7. a) Gross fixed capital formation by industry
AN_F6: breakdown of fixed assets into: AN.117 Intellectual property products, total economy, current prices and previous year’s prices and chain-linked volumes
1995-2011
P.53 — Acquisitions less disposals of valuables
Total economy, current and previous year’s prices
1995-2012
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry
EEM — 8. b) employees by industry
Total economy and A*21 breakdown, hours worked
1995-2009
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry
EEM — 8. b) employees by industry
Total economy and A*21 breakdown, hours worked
2010-2013
P.53 — Acquisitions less disposals of valuables
All sectors, uses
1995-2018
NP — Acquisitions less disposals of non-produced assets
All sectors except S.13 general government, uses
1995-2018
All variables
Sector S.2 — Rest of the world, uses and resources, current prices, seasonally adjusted data
2014Q1-2016Q4
B1.g — 2. Gross value added at basic prices (current prices)
NUTS II breakdown, total economy and A*10 breakdown
Transmission at t+16,5 months
EMP — 5. Total employment in thousands of persons and thousands of hours worked
NUTS II breakdown, total economy, thousands of persons
Transmission at t+24 months
AN.1132g — 6. ICT equipment, gross;
AN.11321g — 7. Computer hardware, gross;
AN.11322g — 8. Telecommunications equipment, gross;
AN.117g — 11. Intellectual property products, gross;
,AN.1173g — 12. Computer software and databases, gross;
AN.1132n — 18. ICT equipment, net;
AN.11321n — 19. Computer hardware, net; AN.11322n — 20. Telecommunications equipment, net;
AN.117n — 23. Intellectual property products, net;
AN.1173n — 24. Computer software and databases, net
Total economy and A*21 breakdown (where mandatory), current replacement costs and previous year’s replacement costs
2000-2011
P.51g_AN.117 — 11. GFCF in intellectual property products
Total economy, current prices and previous year’s prices and chain-linked volumes
1995-2011
P.51g_AN.1132 — 6. GFCF in ICT equipment;
P.51g_AN.11321 — 7. GFCF in computer hardware;
P.51g_AN.11322 — 8. GFCF in telecommunications equipment;
P.51g_AN.1173 — 12. GFCF in computer software and databases
Total economy, current prices and previous year’s prices and chain-linked volumes
2000-2011
AN.117 — 10. Intellectual property products
Total economy
2000-2011
AN.211 — 20. Land
Sector S.14 + S.15 — Households + Non-profit institutions serving households
1995-2017
Country: Malta
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all breakdowns/details
Transmission at t+70 days
1Q
All variables
Total economy and all breakdowns (NACE, AN_F6, durability), current prices and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1Q
B.1g — 1. Gross value added at basic prices
A*10-breakdown, previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
2000Q1-2014Q4
1Q
B.1g — 1. Gross value added at basic prices
A*10-breakdown, previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
2015Q1-2016Q4
1Q
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*10 breakdown (where mandatory), thousands of hours worked, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1A
All variables
Full table including all breakdowns/details, transmission at t+2 months
Transmission at t+70 days
1A
All variables
Total economy and all breakdowns (NACE, AN_F6, durability), previous year’s prices and chain linked volumes
1995-1999
1A
B.1g — 1. Gross value added at basic prices
A*10 breakdown, previous year’s prices and chain linked volumes
2000-2014
1A
B.1g — 1. Gross value added at basic prices
A*10 breakdown, previous year’s prices and chain linked volumes
1A
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*10 breakdown (where mandatory), thousands of hours worked
1995-1999
All variables
Total economy and all NACE- and AN_F6-breakdowns, previous year’s prices and chain-linked volumes
1995-1999
B.1g — 3. Gross value added at basic prices by industry
A*21 and A*64 breakdowns, previous year’s prices and chain linked volumes
2000-2018
P.51c — 4. Consumption of fixed capital by industry
A*21 and A*64 breakdowns, previous year’s prices and chain-linked volumes
2000-2018
P.51g — 7. a) Gross fixed capital formation by industry
A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmissions at t+9 and t+21 months
Transmission at t+48 months
P.52 — 7. b) Changes in inventories by industry
A*10 breakdown, current prices and previous year’s prices
1995-2007
P.52 — 7. b) Changes in inventories by industry
A*10 breakdown, current prices and previous year’s prices
Transmission at t+48 months
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdown, thousands of hours worked
1995-1999
All variables
All COICOP breakdowns (where mandatory), previous year’s prices and chain-linked volumes
1995-1999
P.3 — 1. Final consumption expenditure by purpose (Household)
P023 — Narcotics, P122+P127 – Prostitution and Other services nec (to be provided excluding P122), current prices and previous year’s prices and chain-linked volumes.
1995-2018
All variables
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2003
All variables
Transactions, assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (total S.14+S.15 to be provided until expiration derogation)
2012-2015
All variables
Nominal holdings gains and losses and Other changes in volume, total economy and all sectors
2012-2015
F.61 — Non-Life Insurance Technical Reserves
F.66 — Provision for calls under standardised guarantees
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated (total F.61+F.66 to be provided until expiration derogation)
2004-2015
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2003
All variables
Assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (total S.14+S.15 to be provided until expiration derogation)
2012-2015
F.61 — Non-Life Insurance Technical Reserves
F.66 — Provision for calls under standardised guarantees
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated (total F.61+F.66 to be provided until expiration derogation)
2004-2015
All variables
All sectors, uses and resources
1995-2004
EMP — Employment (in number of persons and number of hours worked)
Sector S13 General government, in number of persons
1995-1999
EMP — Employment (in number of persons and number of hours worked)
Sector S13 General government, in numbers of hours worked
1995-2018
All variables
All sectors, uses and resources, current prices, non-seasonally adjusted and seasonally adjusted
1999Q1-2004Q4
B.1g — 1. Gross value added at basic prices (volume growth rate based on previous year’s prices)
NUTS II breakdown, total economy
2000-2017
P.51g — 4. Gross fixed capital formation (current prices)
NUTS II breakdown, A*10 breakdown
Transmission at t+48 months
All variables
NUTS II breakdown
2000-2004
All variables
Full table including all details/breakdowns, current prices
Transmission at t+54 months
All variables
Full table including all details/breakdown, previous year prices
2015-2016
All variables
Full table including all details/breakdowns, current prices
Transmission at t+54 months
All variables
Full table including all details/breakdown, previous year prices
2015-2016
Table 16 — Five additional tables (use table at basic prices, use table for domestic output, use table for imports, trade & transport margins, taxes less subsidies on products)
Full additional table including all breakdowns/details, current prices
Table 16 — Five additional tables (use table at basic prices, use table for domestic output, use table for imports, trade & transport margins, taxes less subsidies on products)
Full additional table including all breakdowns/details, current prices
Transmission at t+54 months
All variables
Full table including all details/breakdowns, current prices
All variables
Full table including all details/breakdowns, current prices
Transmission at t+54 months
All variables
Full table including all details/breakdowns
2000-2017
All variables
Total economy and A*21 breakdown, previous year’s prices and chain linked volumes
1995-1999
All variables
Total economy and A*21 breakdown, current prices and previous year’s prices and chain linked volumes
Transmission at t+48 months
All (mandatory) variables, excluding AN.111 — Dwellings
All (mandatory) sectors
1995-2017
AN.111 — 4. Dwellings
All sectors
1995-2014
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government,
including counterpart data by all sectors
1999Q1-2003Q4
Country: The Netherlands
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
EMP — Employment (in number of persons and number of hours worked)
Sector S.13 — General Government, number of hours worked
1995-2015
Country: Austria
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
All variables
Transactions, assets and liabilities, S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
1995-2011
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
F.66 — Provision for calls under standardized guarantees
Transactions, assets and liabilities, S.11 — Non-financial corporations; S122+S.123 — Deposit-taking corporations except the Central Bank, and Money market funds; S.124 — Non-MMF investment funds; S.128 + 129 — Insurance Corporations and Pension Funds, consolidated and non-consolidated.
1995-2011
F.66: — Provisions for calls under standardized guarantees
Assets and liabilities, S.12 financial corporations and all (sub) sectors, S.2 (rest of the world) consolidated and non-consolidated.
1995-2011
All variables
Assets and liabilities, S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
1995-2011
F.63_F.64_F.65: — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits.
Assets and liabilities, S.11 — Non-financial corporations; S122+S.123 — Deposit-taking corporations except the Central Bank, and Money market funds; S.124 — Non-MMF investment funds; S.128 + 129 — Insurance Corporations and Pension Funds, consolidated and non-consolidated.
1995-2011
F.66: — Provisions for calls under standardized guarantees
Assets and liabilities, S.12 financial corporations and all (sub) sectors, S.2 (rest of the world), consolidated and non-consolidated.
1995-2011
All variables
Sector S.14 — Households and S.15 — Non-profit institutions serving households, uses and resources (total S.14+S15 to be provided until expiration derogation)
2012-2015
All variables
Final series, full table including all breakdowns/details
1999Q1-2014Q2
3 October 2014
All variables
NUTS II breakdown (total S.14+S15 to be provided until expiration derogation)
2012-2017
15, 16, 17
All variables
Full table including all breakdowns/details
AN.11+AN.12 — 2. Fixed assets + Inventories
AN.1121 — 6. Buildings other than dwellings
AN.1122 — 7. Other structures
AN.12 — 16. Inventories
All sectors
2012-2017
AN.111 — 4. Dwellings
S.11 non-financial corporations and. S.12 — Financial Corporations (total S.11 + S.12 to be provided until expiration derogation)
1995-2014
Country: Poland
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2003Q4
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets, chain linked volumes, seasonally adjusted data
2004Q1-2016Q4
1Q
P.52 — 9. b) Changes in inventories
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, previous year’s prices, seasonally adjusted data
1995Q1-2016Q4
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
Total economy, current prices, non-adjusted and seasonally adjusted data
1995Q1-1998Q4
1Q
D11 — 17. a) Wages and salaries
D12 — 17.b) Employers’ social contributions
Total economy, current prices, non-adjusted and seasonally adjusted data
1995Q1-2000Q4
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17. a) Wages and salaries
D12— 17.b) Employers’ social contributions
A*10 breakdown, current prices, non-adjusted and seasonally adjusted data
1995Q1-2000Q4
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17. a) Wages and salaries
D12 — 17.b) Employers’ social contributions
Total economy and A*10 current prices, non-adjusted and seasonally adjusted data
Transmission at t+95 days
1Q
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
D.2 — 14. Taxes on production and imports
D.3 — 15. Subsidies
Total economy, current prices, non-adjusted and seasonally adjusted data
1995Q1-1998Q4
1Q
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
D.2 — 14. Taxes on production and imports
D.3 — 15. Subsidies
Total economy, current prices, non-adjusted and seasonally adjusted data
Transmission at t+95 days
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, thousands of persons and thousands of hours worked, non-adjusted and seasonally adjusted data
1995Q1-2000Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons and thousands of hours worked, non-adjusted and seasonally adjusted data
2001Q1-2003Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons and thousands of hours worked, non-adjusted and seasonally adjusted data
Transmission at t+65 days
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services, geographical breakdown
P6/P7 breakdown (where mandatory) into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area), S.22 non-member countries and international organisations non resident of EU, current prices and previous year’s prices and chain linked volumes, non-adjusted data
Transmission at t+65 days
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services, geographical breakdown
P6/P7 breakdown (where mandatory) into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area), S.22 non-member countries and international organisations non resident of EU, current prices and chain linked volumes, seasonally adjusted data
2008Q1-2016Q4
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services, geographical breakdown
P6/P7 breakdown (where mandatory) into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area), S.22 non-member countries and international organisations non resident of EU, current prices and chain linked volumes, seasonally adjusted data
Transmission at t+65 days
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, thousands of persons and thousands of hours worked
1995-2000
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons and thousands of hours worked
2001-2003
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown, thousands of persons and thousands of hours worked, transmission at t+2 months
Transmission at t+65days
1A
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
D.2 — 14. Taxes on production and imports
D.3 — 15. Subsidies
Total economy, current prices, transmission at t+2 months
Transmission at t+95 days
1A
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17. a) Wages and salaries
D.12 — 17. b) Employers’ social contributions
Total economy and A*10 breakdown, current prices, transmission at t+2 months
Transmission at t+95 days
1A
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services, geographical breakdown
P6/P7 breakdown (where mandatory) into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area), S.22 non-member countries and international organisations non resident of EU, current prices and previous year’s prices and chain linked volumes, transmission at t+2 months
Transmission at t+65 days
NP — Acquisitions less disposals of non-financial non-produced assets
OP5ANP — Gross capital formation and acquisitions less disposals of non-financial non produced assets
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2009
NP — Acquisitions less disposals of non-financial non-produced assets
S.13 — General government
1995-2004
NP — Acquisitions less disposals of non-financial non-produced assets
S.13 — General government
2005-2009
OP5ANP — Gross capital formation and acquisitions less disposals of non-financial non produced assets
S.13 — General government (to be provided excluding NP until expiration derogation)
1995-2004
OP5ANP — Gross capital formation and acquisitions less disposals of non-financial non produced assets
S.13 — General government
(to be provided excluding NP until expiration derogation)
2005-2009
D.4p_S.1311 — of which, payable to sub-sector central government (S.1311)
D.4p_S.1313 — of which, payable to sub-sector local government (S.1313)
D.4p_S.13.14 — of which, payable to sub-sector social security funds (S.1314)
D.7p_S.1311 — of which, payable to sub-sector central government (S.1311)
D.7p_S.1313 — of which, payable to sub-sector local government (S.1313)
D.7p_S.13.14 — of which, payable to sub-sector social security funds (S.1314)
D.9_S.1311 — of which, payable to sub-sector central government (S.1311)
D.9_S.1313 — of which, payable to sub-sector local government (S.1313)
D.9_S.1314 — of which, payable to sub-sector social security funds (S.1314)
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2004
D.995 — Capital transfers from general government to relevant sectors representing taxes and social contributions assessed but unlikely to be collected
S.1313 — Local government
1995-2000
D.211r — VAT, receivable
D.29r — Other taxes on production, receivable
D.41r — Interest, receivable
D.42r+D.43r+D.44r+D.45r — Other property income, receivable
D.31p — Subsidies on products, payable
D.39p — Other subsidies on production, payable
D.92p — Investment grants, payable
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-1998
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*21 breakdown, thousands of persons and thousands of hours worked
1995-2000
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*21 breakdown, thousands of persons and thousands of hours worked
2001-2003
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*64 breakdown, thousands of persons
1995-2009
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
A*64 breakdown, thousands of persons
2010-2013
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
D.29—D.39 — 6. Other taxes on production less other subsidies on production
D.1 — 9. Compensation of employees by industry
D.11 — 9. a) Wages and salaries by industry
A*64 breakdown, current prices, transmission at t+21 months
Transmission at t+24 months
B.1g — 3. Gross value added at basic prices by industry
P.51c — 4. Consumption of fixed capital by industry
A*64 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+21 months
Transmission at t+24 months
All variables
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2003
All variables
Transactions, assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (to be provided for total S.14+S.15 until expiration derogation)
2012-2015
All variables
Nominal holdings gains and losses and Other changes in volume, total economy and all sectors
2012-2015
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2002
All variables
Assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, consolidated and non-consolidated (to be provided for total S.14+S.15 until expiration derogation)
2012-2015
EMP — Employment (in number of persons and number of hours worked)
Sector S.13 General Government, thousands of persons thousands of hours worked
2010-2015
EMP — Employment (in number of persons and number of hours worked)
Sector S.13 General Government, thousands of persons and thousands of hours worked
1995-2009
D.441 — Investment income attributed to insurance policy holders
D.442 — Investment income payable on pension entitlements
D.443 — Investment income attributable to collective investment fund shareholders
All sectors, uses and resources
2012-2015
D.614 — Households’ social contributions supplements
D.61SC — Social insurance scheme service charges
All sectors, uses and resources
2012-2015
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
All sectors, uses and resources
1995-2004
NP — Acquisitions less disposals of non-produced assets
All sectors, uses
1995-2004
NP — Acquisitions less disposals of non-produced assets
All sectors, uses
2005-2009
D.12 Employers’ social contributions
Sector S.2 — Rest of the World, uses and resources
1995-2012
D.3 — Subsidies
D.31 — Subsidies on products
D.39 — Other subsidies on production
Sector S.2 — Rest of the World, uses
1995-2003
D.214 — Taxes on products, except VAT and import taxes
Sector S.2 — Rest of the World, resources
1995-2005
D.2 — Taxes on production and imports
Sector S.2 — Rest of the World, resources
1995-2003
D.29 — Other taxes on production
Sector S.2 — Rest of the World, resources
1995-2012
D.44 — Other investment income
D.5 — Current taxes on income, wealth, etc.
D.51 — Taxes on income
D.59 — Other current taxes
D.6 — Social contributions and benefits
D.61 — Net social contributions
D.62 — Social benefits other than social transfers in kind
D.71 — Net non-life insurance premiums
D.72 — Non-life insurance claims
D.8 — Adjustment for the change in pension entitlements
D.91p — Capital taxes, payable
D.91r — Capital taxes, receivable
B.10.1 — Change in net worth due to saving and capital transfers
Sector S.2 — Rest of the World, uses and resources
1995-2012
D.74 — Current international cooperation
Sector S.2 — Rest of the World, uses and resources
1995-2003
D.92r — Investment grants, receivable
Sector S.2 — Rest of the World, uses and resources
1995-2004
D.2 — Taxes on production and imports
D.3 — Subsidies
D.5 — Current taxes on income, wealth, etc.
D.6 — Social contributions and benefits
D.7 — Other current transfers
D.8 — Adjustment for the change in pension entitlements
D.9 — Capital transfers
Sector S.2 — Rest of the World, uses and resources, current prices, seasonally adjusted data
1999Q1-2017Q1
NP — Acquisitions less disposals of non-produced assets
All sectors, uses, current prices, non-seasonally adjusted data
1999Q1-2004Q4
NP — Acquisitions less disposals of non-produced assets
All sectors, uses, current prices, non-seasonally adjusted data
2005Q1-2009Q4
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
All sectors, uses and resources, current prices, non-seasonally adjusted data
1999Q1-2004Q4
D.2 — Taxes on production and imports
Sector S.2 — Rest of the World, resources, current prices, non-seasonally adjusted data
1999Q1-2004Q4
D.29 — Other taxes on production
D.91r — Capital taxes, receivable
Sector S.2 — Rest of the World, resources, current prices, non-seasonally adjusted data
1999Q1-2013Q4
D.3 — Subsidies
D.31 — Subsidies on products
D.39 — Other subsidies on production
Sector S.2 — Rest of the World, uses, current prices, non-seasonally adjusted data
1999Q1-2004Q1
D.5 — Current taxes on income, wealth, etc.
D.6 — Social contributions and benefits
D.61 — Net social contributions
D.62 — Social benefits other than social transfers in kind
D.71 — Net non-life insurance premiums
D.72 — Non-life insurance claims
D.8 — Adjustment for the change in pension entitlements
B.101 — Change in net worth due to saving and capital transfers
Sector S.2 — Rest of the World, uses and resources, current prices, non-seasonally adjusted data
1999Q1-2013Q4
D.91p — Capital taxes, payable
Sector S.2 — Rest of the World, uses, current prices, non-seasonally adjusted data
1999Q1-2013Q4
D.612 — Employers’ imputed social contributions
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
S.212 Institutions and bodies of the EU
1995-2012
D.61SC — Social insurance scheme service charges
D.614 — Households’ social contributions supplements
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
S.212 Institutions and bodies of the EU
2012-2015
EMP — 5. Employment in thousands of persons and thousands of hours worked
ETO — Total
EEM — Employees
All NUTS breakdowns, A*10 breakdown, thousands of persons
EMP — 5. Employment in thousands of persons and thousands of hours worked
ETO — Total
EEM — Employees
All NUTS breakdowns, A*10 breakdown, thousands of persons
2001-2003
EMP — 5. Employment in thousands of persons and thousands of hours worked
ETO — Total
EEM — Employees
All NUTS breakdowns, A*10 breakdown, thousands of hours worked
2000-2007
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG divisions
1995-2001
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG groups
NP — Acquisitions less disposals of non-financial non-produced assets
S.13 — General government
All COFOG breakdowns
2002-2009
OP5ANP — Gross capital formation + Acquisitions less disposals of non-financial non-produced assets
S.13 — General government
All COFOG breakdowns (to be provided excluding NP until expiration derogation)
2002-2009
NP — Acquisitions less disposals of non-financial non-produced assets
OP5ANP — Gross capital formation + Acquisitions less disposals of non-financial non-produced assets
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG breakdowns
1995-2009
EMP — 2. Employment in thousands of persons
ETO — Total
EEM — Employees
All NUTS breakdowns, A*10 breakdown
EMP — 2. Employment in thousands of persons
ETO — Total
EEM — Employees
All NUTS breakdowns, A*10 breakdown
2001-2003
All variables
Full table including all details/breakdown, previous year’s prices
2015-2016
All variables
Full table including all details/breakdown, previous year’s prices
2015-2016
AN.1132g — 6. ICT equipment, gross
AN.11321g — 7. Computer hardware, gross
AN.11322g — 8. Telecommunications equipment, gross
AN.1139g+AN.114g — 9. Other machinery and equipment, gross + weapon systems, gross
AN.1132n — 18. ICT equipment, net
AN.11321n — 19. Computer hardware, net
AN.11322n — 20. Telecommunications equipment, net
AN.1139n+AN.114n — 21. Other machinery and equipment, net + weapon systems, net
Total economy, current replacement costs and previous year’s replacement costs
2000-2017
P.51g_AN.11 — 1. GFCF in fixed assets
P51g_AN.1132 — 6. GFCF in ICT equipment P51g_AN.11321 — 7. GFCF in computer hardware
P51g_AN.11322 — 8. GFCF in telecommunications equipment
P51g_AN.1139+AN.114 — 9. GFCF in other machinery and equipment + weapon systems
Total economy, current prices and previous year’s prices and chain linked volumes
2000-2017
AN.211 — 20. Land
S.14 + S.15 — Households + Non-profit institutions serving households
1995-2009
Country: Portugal
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Total economy and all NACE-breakdowns, current and previous year’s prices and chain linked volumes
Transmission at t+70 days
All variables
Total economy and all NACE-breakdowns, current prices and previous year’s prices and chain linked volumes (where required), transmission at t+ 9 months
1995-2014
B1.g — 3. Gross value added at basic prices by industry,
P.51c — 4. Consumption of fixed capital by industry,
P.5 — 7. Gross capital formation
P.51g — 7.a) Gross fixed capital formation by industry, Breakdown by fixed asset AN_F6
Total economy and all NACE-breakdowns, chain linked volumes
1995-2014
P.3 — 1. Final consumption expenditure by purpose (Household)
All COICOP-groups, chain linked volumes
2006-2014
P.3 — 1. Final consumption expenditure by purpose (Household)
All COICOP-groups, chain-linked volumes
1995-2005
P.11 — Market Output
P.12 — Output for own final use
P.13 — Non-market output
All sectors except S.13 — General government; resources
Transmission at t+21months
All variables
S.14 — Households and S.15 — Non-profit institutions serving households, uses and resources
Transmission at t+21months
D.611 — Employers’ actual social contributions
D.612 — Employers’ imputed social contributions
D.613 — Households’ actual social contributions
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
D.631 — Social transfers in kind — non-market production
D.632 — Social transfers in kind – purchased market production
All sectors except S.13 General government, uses and resources
Transmission at t+21months
All variables
Full table including all details/breakdowns
All variables
A*21 breakdown (where mandatory), chain linked volumes
1995-2013
All variables
Totals and all sector breakdowns (where mandatory)
1995-2011
All variables
Total economy and sectors S.13 — General government and S.14+S15 — Households and Non-profit institutions serving households
2012-2014
Country: Romania
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
Total economy, current prices, seasonally adjusted (to be transmitted excluding B.3g until expiration of derogation)
1995Q1-2016Q4
1Q
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
Total economy, current prices, non- adjusted (to be transmitted excluding B.3g until expiration of derogation)
1995Q1-2009Q4
1Q
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
D.2 — 14. Taxes on production and imports
D.3 — 15. Subsidies
Total economy, current prices, non- adjusted and seasonally adjusted
Transmission at t+3 months
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — (a) Wages and salaries
D.12 — (b) Employers social contributions
Total economy and A*10 breakdown„ current prices, seasonally adjusted
1995Q1-2016Q4
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — (a) Wages and salaries
D.12 — (b) Employers social contributions
Total economy and A*10 breakdown, current prices, non-adjusted and seasonally adjusted
Transmission at t+3 months
1Q
POP — 16. a) Total population (thousands of persons)
Total economy, thousands of persons, non-adjusted and seasonally adjusted data
1995Q1-2016Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons), ESE — 16. c) Self employed, EEM — 16. d) Employees
A*10 breakdown (for total employment, self employed and employees in resident production unit), thousands of persons employed and thousands of hours worked, seasonally adjusted
1995Q1-2016Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons), ESE — 16. c) Self employed, EEM — 16. d) Employees
A*10 breakdown (for total employment, self employed and employees in resident production unit), thousands of persons employed and thousands of hours worked, seasonally adjusted
Transmission at t+3 months
1Q
P3 — 5. a) Household final consumption expenditure (domestic concept)
Breakdown by durability, current and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2019Q4
1Q
P.5 — 9. Gross capital formation
Total economy, current and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data (to be provided excluding P.53 until expiration of derogation)
1995Q1-2016Q4
1Q
P.51g — 9. a) Gross fixed capital formation
AN_F6: breakdown of fixed assets, current and previous year’s prices and chain linked volumes, non-adjusted and seasonally adjusted data
1995Q1-2019Q4
1Q
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current and previous year’s prices, non-adjusted and seasonally adjusted data
1995Q1-2016Q4
1A
P.5 — 9. Gross capital formation
Total economy, current and previous year’s prices and chain linked volumes (to be provided excluding P.53 until expiration of derogation)
1995-2006
1A
P.51g — 9. a) Gross fixed capital formation
Total economy and AN_F6: breakdown of fixed assets, current and previous year’s prices and chain linked volumes
1995-2015
1A
P.53 — 9. c) Acquisitions less disposals of valuables
Total economy, current and previous year’s prices
1995-2006
1A
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
Total economy, current prices (to be transmitted excluding B.3g until expiration of derogation)
1995-2009
1A
B.2g+B.3g — 13. Gross operating surplus and gross mixed income
D.2 — 14. Taxes on production and imports
D.3 — 15. Subsidies
Total economy, current prices, transmission at t+2 months
Transmission at t+3 months
1A
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — (a) Wages and salaries
D.12 — (b) Employers social contributions
Total economy, A*10 breakdown, current prices, transmission at t+2 months
Transmission at t+3 months
D.613r — of which households’ actual social contributions
S.13 — General government
S.1314 — Social security funds
1995-1997
D.8 — Adjustment for the change in pension entitlements
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2012
All variables
A*21 breakdown, current and previous years’ prices and chain linked volumes transmission at t+ 9 months (to be provided at A*10 level at t+12 months until expiration of derogation)
1995-2015
All variables
A*64 breakdown, current and previous years’ prices and chain linked volumes, transmission at t+21 month
Transmission at t+23 months
P.5 — 7. Gross capital formation
Total economy, current and previous year’s prices, chain linked volumes (to be provided excluding P.53 until expiration of derogation)
1995-2006
P..51g — a) Gross fixed capital formation by industry, breakdown by fixed asset AN_F6
AN_F6 breakdown into AN113+AN114, AN115, AN117, total and A*10 breakdown, current and previous year’s prices and chain linked volumes, (breakdown into AN.113+AN.114 to be provided excluding AN.114 until expiration of derogation)
1995-2015
P.53 — 7. c) Acquisitions less disposals of valuables
Total economy, current and previous year’s prices
1995-2006
P.3 — 1. Final consumption expenditure by purpose (Household)
All COICOP groups, current and previous year’s prices and chain linked volumes
Transmission at t+21 months
All variables
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1995-1997
All variables
Transactions, assets and liabilities, S.11 Non-Financial Corporations, consolidated and non-consolidated.
1998-2010
All variables
Transactions, assets and liabilities, S.124 — Non-MMF investment funds S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, General Government, Central Government (S.1311), Local Government (S.1313) and Social Security Funds (S.1314), consolidated and non-consolidated.
1998-2015
F.63+F.64+F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits,
F.66 — Provision for calls under standardised guarantees
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1998-2015
F.7 — Financial Derivatives and Employee Stock Options (to be provided excluding F.72)
Transactions, assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated..
1998-2010
All variables
Nominal holdings gains and losses and Other changes in volume, total economy and all sectors
2012-2015
All variables
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1995-1997
All variables
Assets and liabilities, S.11 Non-Financial Corporations, consolidated and non-consolidated.
1998-2010
All variables
Assets and liabilities, S.124 — Non-MMF investment funds, S.125+S.126+S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, General Government, Central Government (S.1311), Local Government (S.1313) and Social Security Funds (S.1314), consolidated and non-consolidated.
1998-2015
F.63+F.64+F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits,
F.66 — Provision for calls under standardised guarantees
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1998-2015
F.7 — Financial Derivatives and Employee Stock Options (to be provided excluding F.72)
Assets and liabilities, total economy and all (sub) sectors, consolidated and non-consolidated.
1998-2010
B.3g — Mixed income, gross
All sectors, uses and resources
1995-2009
D.441 — Investment income attributed to insurance policy holders
D.442 — Investment income payable on pension entitlements
D.443 — Investment income attributable to collective investment fund shareholders
Sector S.2 — Rest of the World, uses and resources
2012-2015
D.441 — Investment income attributed to insurance policy holders
D.442 — Investment income payable on pension entitlements
All sectors except S2, uses and resources
2012-2014
D.443 — Investment income attributable to collective investment fund shareholders
All sectors except S.2, uses and resources
2012-2015
D.614 — Households social contributions supplements
D.61SC — Social insurance scheme service charges
All sectors, uses and resources
2012-2015
D.8 — Adjustment for the change in pension entitlements
All sectors, uses and resources
1995-2014
P.53 — 9. c) Acquisitions less disposals of valuables
All sectors, uses and resources
1995-2006
NP — Acquisitions less disposals of non-produced assets
All sectors, uses and resources
1995-2015
All variables excluding balancing items
All sectors, uses and resources, current prices, seasonally adjusted
1999Q1-2016Q4
P.52+P.53 — Changes in inventories and net acquisition of valuables
All sectors, uses and resources, current prices, non-seasonally adjusted (to be provided excluding P.53 until expiration of derogation)
1999Q1-2016Q4
D.61 — Net social contributions
All sectors, except S.13 general government, uses and resources, current prices, non-seasonally adjusted
1999Q1- 2013Q4
D.8 — Adjustment for the change in pension entitlements
All sectors, except S1; uses and resources, current prices, non-seasonally adjusted
1999Q1- 2014Q4
NP — Acquisitions less disposals of non-produced assets
All sectors, uses, current prices, non-seasonally adjusted
1999Q1- 2016Q4
D.61SC — Social insurance scheme service charges
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
2012-2015
D.613 — Households’ actual social contributions
D.613c — Compulsory households’ actual social contributions
D.613v — Voluntary households’ actual social contributions
S.13 — General government
S.1314 — Social security funds
1995-1997
D.614 — Households’ social contributions supplements
S.13 — General government
S.1314 — Social security funds
2012-2015
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG groups
2001-2006
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG groups
2007-2008
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG groups
2009-2010
All variables
Total economy and A*21 breakdown, current replacement costs and previous year’s replacement costs
2000-2017
All variables
Total economy and A*21 breakdown, current prices and previous year’s prices and chain-linked volumes
1995-2010
P.51g_AN.113+AN.114 GFCF in machinery and equipment + weapon systems
A*21 breakdown, current prices and previous year’s prices and chain linked volumes (to be provided excluding AN.114 until expiration of derogation)
1995-2014
P.51g_AN.1139+AN114 GFCF in other machinery and equipment + weapon systems
Total economy, current prices and previous year’s prices and chain linked volumes (to be provided excluding AN.114 until expiration of derogation)
2000-2014
P51g_AN115 GFCF in cultivated biological resources
A*21 breakdown, current prices and previous year’s prices and chain linked volumes
1995-2014
P.51g_AN.1132 GFCF in ICT equipment
P.51g_AN.11321 GFCF in computer hardware
P.51g_AN.11322 GFCF in telecommunications equipment
Total economy, current prices and previous year’s prices and chain linked volumes
2000-2017
P.51g_AN.117 GFCF in intellectual property products
Total economy, current prices and previous year’s prices and chain linked volumes
1995-2014
All mandatory variables excluding AN.111 Dwellings
Total economy and all mandatory sector breakdowns
1995-2017
AN.111 — 4. Dwellings
All sectors
1995-2014
F.61 — Non-life insurance technical reserves
F.63_F.64_F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
F.66 — Provision for calls under standardised guarantee
F.7 — Financial derivatives and employee stock options (to be provided excluding F.72)
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1999Q1-2016Q4
All variables
S.1311 — Central government
S.1314 — Social security funds,
Counterpart information for sector S.11 and S.12
1999Q1-2016Q4
Country: Slovenia
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
B.1g — 1. Gross value added at basic prices
Total economy and A*10 breakdown, current prices, non-adjusted and seasonally-adjusted data
1995Q1-1999Q4
1Q
D.21 — 2. a) Taxes on products
D.31 — 2. b) Subsidies on products
Total economy, current prices, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, hours worked, non-adjusted and seasonally adjusted data
1995Q1-1999Q4
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown, hours worked
1995-1999
EMP — 8. Employment by industry (thousands of persons, thousands of hours worked and thousands of jobs)
ESE — 8. a) self employed by industry (thousands of persons, thousands of hours worked and thousands of jobs)
EEM — 8. b) employees by industry (thousands of persons, thousands of hours worked and thousands of jobs)
Total economy and A*21 breakdown, hours worked
1995-1999
P.51g — 7. a) Gross fixed capital formation by industry
Total economy and A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21 months
P.51g — 7. a) Gross fixed capital formation by industry
Breakdown of fixed assets AN_F6 by NACE A*10 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21 months
All variables
Transactions, assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2001
All variables
Transactions, assets and liabilities, S.124 — Non-MMF investment funds;
S.125_S.126_S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated
2001-2012
All variables
Assets and liabilities, total economy and all (sub)sectors, consolidated and non-consolidated.
1995-2001
All variables
Assets and liabilities, S.124 — Non-MMF investment funds;
S.125_S.126_S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated
2001-2012
EMP — Employment (in number of persons and number of hours worked)
Sector S.13 — General Government, number of hours worked
1995-2015
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG divisions
1995-1998
AN.211 - 20. Land
S.14 + S.15 — Households + Non-profit institutions serving households
1995-2014
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds, including counterpart data by all sectors
1999Q1-2003Q4
Country: Slovakia
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
P.3 — 1. Final consumption expenditure by purpose (Household)
P102 — Secondary education and P103 — Post-secondary non-tertiary education, current prices and previous year’s prices and chain-linked volumes
1995-2018
All variables
Transactions, assets and liabilities, S.124 — Non-MMF investment funds;
S.125_S.126_S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated
1995-2015
F.511 — Listed shares, F.512 — Unlisted shares, F.519 — Other equity, F.52 — Investment Fund Shares or Units,
F.62 — Life Insurance and Annuity Entitlements,
F.7 — Financial Derivatives and Employee Stock Options
Transactions, assets and liabilities, total economy and all (sub)sectors excluding government (sub)sectors, consolidated and non-consolidated.
1995-2004
F.63+F.64+F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
Transactions, assets and liabilities, total economy and all (sub)sectors excluding government (sub)sectors, consolidated and non-consolidated.
1995-2012
F.66 — Provision for calls under standardised guarantees
Transactions, assets and liabilities, total economy and all (sub)sectors excluding government (sub)sectors, consolidated and non-consolidated.
1995-2015
All variables
Nominal holdings gains and losses and Other changes in volume, total economy and all sectors
2012-2015
All variables
Assets and liabilities, S.124 — Non-MMF investment funds;
S.125_S.126_S.127 — Other financial intermediaries, except insurance corporations and pension funds, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated
1995-2015
F.511 — Listed shares,
F.512 — Unlisted shares,
F.519 — Other equity,
F.52 — Investment Fund Shares or Units,
F.62 — Life Insurance and Annuity Entitlements,
F.7 — Financial Derivatives and Employee Stock Options
Assets and liabilities, total economy and all (sub)sectors excluding government (sub)sectors, consolidated and non-consolidated.
1995-2004
F.63+F.64+F.65 — Pension Entitlements, claims of pension funds on pension managers, entitlements to non-pension benefits
Assets and liabilities, total economy and all (sub)sectors excluding government (sub)sectors, consolidated and non-consolidated.
1995-2012
F.66 — Provision for calls under standardised guarantees
Assets and liabilities, total economy and all (sub)sectors excluding government (sub)sectors, consolidated and non-consolidated.
1995-2015
D.443 — Investment income attributable to collective investment fund shareholders
D.61SC — Social insurance scheme service charges
All sectors, uses and resources
2012-2015
All variables
S.1 — Total Economy, uses and resources, non-seasonally adjusted and seasonally adjusted
1999Q1-2015Q4
All variables
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds,
All COFOG groups
2001-2002
All variables
Total economy and A*21 breakdown, current replacement costs and previous year’s replacement costs
2000-2003
AN.11+AN.12 — 2. Fixed assets + Inventories
AN.1121 — 6. Buildings other than dwellings
AN.1122 — 7. Other structures
AN.12 — 16. Inventories
All sectors
2012-2017
AN.11 — 3. Fixed assets
AN.112 — 5. Other buildings and structures
AN.113+AN.114 — 8. Machinery and equipment + Weapons systems
AN.115 — 9. Cultivated biological resources
AN.117 — 10. Intellectual property products
All sectors (where mandatory)
2000-2017
AN.211 — 20. Land
S.14+S.15:Households and non-profit institutions serving households
1995-2017
Country: Finland
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
All variables
Full table including all (mandatory) breakdowns/details
Transmission at t+65 days
1A
All variables
Full table including all (mandatory) breakdowns/details, transmission at t+2 months
Transmission at t+65 days
B.1g — 2. Gross value added at basic prices (current prices)
NUTS II breakdown, total economy, transmission at t+12 months
Transmission at t+24 months
ETO — Total employment in thousands of persons and in thousands of hours worked
NUTS II breakdown, total economy, thousands of persons, transmission at t+12 months
Transmission at t+24 months
All variables
Full table including all (mandatory) breakdowns/details, current prices
2010-2011
End-2015
All variables
Full table including all (mandatory) breakdowns/details, current prices
2010-2011
End-2015
All variables
Full table including all (mandatory) breakdowns/details, current prices
End-2015
Country: Sweden
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
1Q
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 l breakdown (where mandatory) into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area), current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data (P6/P7 breakdown to be provided excluding data on euro area/European institutions and bodies until expiration of the derogation)
1995Q1-2019Q4
1Q
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17. a) Wages and salaries
D12 — 17.b) Employers’ social contributions
A*10 breakdown of compensation of resident employees, current prices, non-adjusted and seasonally adjusted data (to be provided excluding compensation of employees abroad until expiration of the derogation)
1995Q1-2019Q4
1Q
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown of employment of residents, thousands of persons and thousands of hours worked, non-adjusted and seasonally adjusted data (to be provided excluding employment abroad until expiration of the derogation)
1995Q1-2019Q4
1A
P.6 — 10. Exports of goods (fob) and services
P.7 — 11. Imports of goods (fob) and services
P6/P7 breakdown (where mandatory) into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area), current prices and previous year’s prices and chain-linked volumes (P6/P7 breakdown to be provided excluding data on euro area/European institutions and bodies until expiration of the derogation)
1995-2018
1A
D.1 — 17. Compensation of employees working in resident production units and compensation of resident employees
D.11 — 17. a) Wages and salaries
D12 — 17.b) Employers’ social contributions
A*10 breakdown of compensation of resident employees, current prices, non-adjusted and seasonally adjusted data (to be provided excluding compensation of employees abroad until expiration of the derogation)
1995-2018
1A
EMP — 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
Total economy and A*10 breakdown of employment of residents, thousands of persons and thousands of hours worked, non-adjusted and seasonally adjusted data (to be provided excluding employment abroad until expiration of the derogation)
1995-2018
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
B.2n+B.3n — 5. Net operating surplus and net mixed income
D.29—D.39 — 6. Other taxes on production less other subsidies on production
Total economy and A*21 breakdown, current prices), transmission at t+9 months
Transmission at t+21 months
P.51c — 4. Consumption of fixed capital by industry
Total economy and A*21 breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+21 months
F.63+F.64+F.65 — Pension Entitlements, claims of pension Funds on pension managers, entitlements to non-pension benefits;
F.66 — Provision for calls under standardised guarantees;
Transactions, assets and liabilities, total economy and all (sub)sectors except the general government sector, consolidated and non-consolidated.
1995-2015
F.512 — Unlisted shares;
Transactions, assets and liabilities, sector S.14+S.15 Households+NPISH, consolidated and non-consolidated.
1995-2011
F.512 — Unlisted shares;
Transactions, assets and liabilities, sector S.14 Households, S15 NPISH, S.14+S.15 Households + NPISH, consolidated and non-consolidated.
2012-2015
F.7 — Financial Derivatives and Employee Stock Options
Transactions, assets and liabilities, S.14+S.15 Housholds+NPISH, consolidated and non-consolidated.
1995-2004
F.7 — Financial Derivatives and Employee Stock Options
Transactions, assets and liabilities, S.11 Non-financial corporations, S.12 Financial corporations, consolidated and non-consolidated.
1995-2001
All variables
Transactions, assets and liabilities, S.125+S.126+S.127 — Other financial intermediaries except pension funds and insurance corporations, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
1995-2015
F.7 — Financial Derivatives and Employee Stock Options
Nominal holdings gains and losses and Other changes in volume for, S.11 Non-financial corporations, S.12 Financial corporations and S.14+S.15 Households, consolidated and non-consolidated.
2012-2015
F.63+F.64+F.65 — Pension Entitlements, claims of pension Funds on pension managers, entitlements to non-pension benefits;
F.66 — Provision for calls under standardised guarantees;
Assets and liabilities, total economy and all (sub)sectors except the general government sector, consolidated and non-consolidated.
1995-2015
F.512 — Unlisted shares
Assets and liabilities, sectors, S.14+S.15 Households+NPISH, consolidated and non-consolidated.
1995-2011
F.512 — Unlisted shares
Assets and liabilities, sectors S.14 Households, S.15 NPISH, S.14+S.15 Households+NPISH, consolidated and non-consolidated.
2012-2015
F.7 — Financial Derivatives and Employee Stock Options
Transactions, assets and liabilities, S.11 Non-financial corporations, S.12 Financial corporations, consolidated and non-consolidated.
1995-2001
F.7 — Financial Derivatives and Employee Stock Options
Transactions, assets and liabilities, S.14+S.15 Housholds+NPISH, consolidated and non-consolidated.
1995-2004
All variables
Transactions, assets and liabilities, S.125+S.126+S.127 — Other financial intermediaries except pension funds and insurance corporations, Financial Auxiliaries and Captive Financial Institutions and Money Lenders, consolidated and non-consolidated.
1995-2015
D614 — Households’ social contributions supplements
D.61SC — Social insurance scheme service charges
Sector S2 – Rest of the World, uses and resources (to be provided excluding S.212 Institutions and bodies of the EU until expiration of the derogation)
2012-2015
D43S21 — Reinvested earnings on Intra-EU F.D.I.
D43S22 — Reinvested earnings on Extra-EU F.D.I.
All sectors, uses and resources
2012-2014
D.441 — Investment income attributed to insurance policy holders
D.443 — Investment income attributable to collective investment fund shareholders
All sectors, uses and resources
2012-2015
D.442 — Investment income payable on pension entitlements
All sectors, uses and resources
2012-2014
D.8 — Adjustment for the change in pension entitlements
Sector S.2 — Rest of the World, uses and resources
1995-2011
D.45 — Rents
Sector S.12 — Financial Corporations, uses and resources, current prices
1995-2015
D.45 — Rents
Sector S.12 — Financial Corporations, uses and resources, current prices, non-seasonally adjusted
1999Q1-2016Q4
D.74A — Of which: paid to/received by European institutions (e.g. EDF)
All sectors, uses and resources, current prices, non-seasonally adjusted
1999Q1-2015Q3
D.8 — Adjustment for the change in pension entitlements
Sector S.2 — Rest of the World, uses and resources, current prices, non-seasonally adjusted and seasonally adjusted data
1999Q1-2016Q4
D.61SC — Social insurance scheme service charges
D.614 — Households’ social contributions supplements
S.212 Institutions and bodies of the EU
2012-2018
D.613c — Compulsory households’ actual social contributions
D.613ce — Compulsory employees’ actual social contributions
D.613v — Voluntary households’ actual social contributions
S.13 — General government
S.1311 — Central government
S.1313 — Local government
S.1314 — Social security funds
1995-2012
D.613c — Compulsory households’ actual social contributions
D.613ce — Compulsory employees’ actual social contributions
D.613v — Voluntary households’ actual social contributions
S.212 Institutions and bodies of the EU
1995-2018
B.1g — 2. Gross value added at basic prices (current prices)
NUTS II breakdown, total economy, transmission at t+12 months
Transmission at t+24 months
ETO — 5. Total employment in thousands of persons and in thousands of hours worked
NUTS II breakdown, total economy, thousands of persons, transmission at t+12 months
Transmission at t+24 months
P7 — Imports of goods and services
P7 breakdown into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area) by CPA P*64 breakdown, current prices and previous year’s prices (where mandatory) (to be provided excluding data on euro area/European institutions and bodies until expiration of the derogation)
2010-2016
All variables
Breakdown into industries/products 36, 37-39 (to be provided as sum 36-37 and 38-39 until expiration of the derogation),
Breakdown into industries/products 45, 46, 47 (to be provided as sum 45-47 until expiration of the derogation), current prices and previous year’s prices (where mandatory)
2010-2016
P6 — Exports of goods and services
P6 breakdown into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area) by CPA P*64 breakdown, current prices and previous year’s prices (where mandatory) (to be provided excluding data on euro area/European institutions and bodies until expiration of the derogation)
2010-2016
All variables
Breakdown into industries/products 36, 37-39 (to be provided as sum 36-37 and 38-39 until expiration of the derogation),
Breakdown into industries/products 45, 46, 47 (to be provided as sum 45-47 until expiration of the derogation), current prices and previous year’s prices (where mandatory)
2010-2016
B2A3N — Operating surplus and mixed income, net
B2A3G — Operating surplus and mixed income, gross
Breakdown by NACE A*64 breakdown, current prices
2010-2016
P6 — Exports of goods and services
P7 — Imports of goods and services
P6/P7 breakdown into S.2I MS whose currency is the euro, the ECB and other institutions and bodies of the euro area, and S.21-S.2I MS whose currency is not the euro and European institutions and bodies (except the ECB and other institutions and bodies of the euro area) by CPA P*64 breakdown, current prices (to be provided excluding data on euro area/European institutions and bodies until expiration of the derogation)
2010, 2015
All variables
Breakdown into products 36, 37-39 (to be provided as sum 36-37 and 38-39 until expiration of the derogation),
Breakdown into products 45, 46, 47 (to be provided as sum 45-47 until expiration of the derogation), current prices
2010, 2015
B2A3N — Operating surplus and mixed income, net
B2A3G — Operating surplus and mixed income, gross
Breakdown by CPA P*64, current prices
2010, 2015
AN.11g 1. Fixed assets, gross; AN.111g 2. Dwellings, gross; AN.112g 3. Other buildings and structures, gross; AN.113g+AN.114g 4. Machinery and equipment+weapon systems, gross; AN.1131g 5.Transport equipment, gross;
AN 1132g 6. ICT equipment, gross; AN.11321g 7. Computer hardware gross; AN.11322g 8. Telecommunications equipment, gross; AN.1139g+AN.114g 9. Other machinery equipment+weapon systems, gross; AN.115g 10. Cultivated biological resources, gross; AN.117g 11. Intellectual property products, gross; AN.1173g 12. Computer software and databases, gross
Total economy and NACE A*21 breakdown, current replacement costs and previous year’s replacement costs
2000-2017
AN.1132n 18. ICT equipment net; AN.11321n 19.Computer hardware, net; AN.11322n 20. Telecommunications equipment, net; AN.1139n+AN.114n 21. Other machinery and equipment+weapon systems, net;
Total economy, current replacement costs and previous year’s replacement costs
2000-2017
P.51g_AN.1132 6. GFCF in ICT equipment; P.51g_AN.11321 7. GFCF in computer hardware; P.51g_AN.11322 8. GFCF in telecommunications equipment; AN.1139+AN.114 9. GFCF in other machinery and equipment+weapon systems
Total economy, current prices and previous year’s prices and chain-linked volumes
1995-2015
AN.11 — 2. Fixed assets; AN.115 — 9. Cultivated biological resources;
Total economy (data to be provided against reduced quality until expiration of the derogation)
2000-2014
AN.11 — 2. Fixed assets; AN.115 — 9. Cultivated biological resources;
Breakdown into institutional sectors S.11, S.12, S.13, S.14+S.15 (data to be provided against reduced quality until expiration of the derogation)
2012-2014
AN.12 — 16. Inventories
All sectors
2012-2015
AN.12 — 16. Inventories
S.12 — Financial Corporations
2016-2017
AN.211 — 20. Land
S.14 + S.15 — Households + Non-profit institutions serving households
1995-2014
Country: United Kingdom
Table
Code and variable
Detailed description of derogation
Period covered by derogation/transmission delay
First transmission in
All tables, except 1A/1Q
All variables
Full tables including all breakdowns/details
1995(Q1)-1996(Q4)
1Q
P.31 — 7. a) Individual consumption expenditure;
P.32 — 7. b) Collective consumption expenditure P.41 — 8. a) Actual individual consumption
Total economy, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
Transmission at t+3 months
1Q
P3 — 5. a) Household final consumption expenditure (domestic concept)
P3-durability breakdown, current prices and previous year’s prices and chain-linked volumes, non-adjusted and seasonally adjusted data
Transmission at t+3 months
1Q
P.6 — 10. Exports of goods (fob) and services- geogr. breakdown;
P.7 — 11. Imports of goods (fob) and services-geogr. breakdown
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, current prices (where mandatory), non-adjusted and seasonally adjusted data
Transmission at t+3 months
1Q
P.6 — 10. Exports of goods (fob) and services- geogr. breakdown;
P.7 — 11. Imports of goods (fob) and services-geogr. breakdown;
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, previous year’s prices and chain linked volumes (where mandatory), non-adjusted and seasonally adjusted data
2008Q1-2016Q4
1Q
EMP 16. b) Employment in resident production units (thousands of persons employed, thousands of hours worked and thousands of jobs) and employment of residents (thousands of persons)
ESE — 16. c) Self employed
EEM — 16. d) Employees
A*10 breakdown (where mandatory), thousands of persons employed and thousands of hours worked (where mandatory, non-adjusted and seasonally adjusted data, transmission at t+2 months
Transmission at t+70 days
1Q
P.51g 9. a) Gross fixed capital formation
AN_F6:breakdown of fixed assets, current prices and previous year’s prices and chain linked volumes, non-adjusted data and seasonally adjusted data (data, including meta data, until expiration of derogation to be provided against reduced quality)
1995Q1-2016Q4
1A
P.31 — 7. a) Individual consumption expenditure;
P.32 — 7. b) Collective consumption expenditure P.41 — 8. a) Actual individual consumption
Total economy, current prices and previous year’s prices and chain-linked volumes, transmission at t+2 months
Transmission at t+3 months
1A
P3 — 5. a) Household final consumption expenditure (domestic concept)
P3-durability breakdown, current prices and previous year’s prices and chain-linked volumes, transmission at t+2 months
Transmission at t+3 months
1A
P.6 — 10. Exports of goods (fob) and services- geogr. breakdown;
P.7 — 11. Imports of goods (fob) and services-geogr. breakdown
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, current prices (where mandatory), transmission at t+2 months
Transmission at t+3 months
1A
P.6 — 10. Exports of goods (fob) and services- geogr. breakdown;
P.7 — 11. Imports of goods (fob) and services-geogr. breakdown
P6/P7 breakdown into S.2I Member States whose currency is the euro, the European Central Bank and other institutions and bodies of the euro area, S.21-S.2I Member States whose currency is not the euro, and European institutions and bodies (except the ECB and other institutions and bodies of the euro area, S.22 Non-member countries and international organisations non-resident in the European Union, previous year’s prices and chain linked volumes (where mandatory)
2008-2015
1A
D.21 — 2. a) Taxes on products
D.31 — 2. b) Subsidies on products
Total economy, current prices, previous year’s prices and chain-linked volumes, transmission at t+2 months
Transmission at t+3 months
1A
P.51g 9. a) Gross fixed capital formation
AN_F6:breakdown of fixed assets, current prices and previous year’s prices and chain linked volumes (data, including meta data, until expiration of derogation to be provided against reduced quality)
1995-2015
All variables
S.1312 — State government
S.1314 — Social security funds
1995-2017
(Sept.) 2018
P.131 — Payment for non- market output
P.132 — Non-market output, other
S.1311 — Central government
S.1313 — Local government
1995-2014
B.1g — 3. Gross value added at basic prices by industry
P.1 — 1. Output at basic prices by industry
P.2 — 2. Intermediate consumption at purchaser’s prices by industry
Total economy and A*21 breakdown, current prices, transmission at t+9 months
Transmission at t+ 21 months
B.2n+B.3n — 5. Net operating surplus and net mixed income
D.29—D.39 — 6. Other taxes on production less other subsidies on production
A*21 breakdown, current prices, transmission at t+9 months
Transmission at t+ 21 months
P.51c — 4. Consumption of fixed capital by industry
A*21 breakdown, current and previous year’s prices and chain-linked volumes, transmission at t+9 months
Transmission at t+ 21 months
P.51g — 7. a) Gross fixed capital formation by industry
Breakdown of fixed assets AN_F6 by NACE A*10 breakdown, current and previous year’s prices and chain-linked volumes (data, including meta data, until expiration of derogation to be provided against reduced quality)
1995-2015
D.1 — 9. Compensation of employees by industry
D.11 — 9.a) Wages and salaries by industry
A*21 breakdown, current prices
Transmission at t+21 months
All variables
Other changes in volume and revaluations, all sectors, non-consolidated
2012-2015
All variables
Transactions, assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, non-consolidated (to be provided as total S.14+S.15 until expiration of the derogation)
2012-2015
All variables
Transactions, assets and liabilities, S.121 — Central Bank, S.124 — Non-MMF investment funds, non-consolidated.
1995-2015
All variables
Transactions, assets and liabilities, S.1312 State government, S.1314 Social security funds, non-consolidated.
1995-2016
(Sept.) 2018
F.6 Insurance, pension and standardised guarantee schemes
F.61 Non-life insurance technical reserves
Transactions, assets and liabilities, all sectors, non-consolidated
1995-2015
All variables
Nominal holdings gains and losses and Other changes in volume, total economy and all sectors
2012-2015
All variables
Assets and liabilities, S.14 — Households and S.15 — Non-profit institutions serving households, non-consolidated (to be provided as total S.14+S.15 until expiration of the derogation)
2012-2015
All variables
Assets and liabilities, S.121 — Central Bank, S.124 — Non-MMF investment funds, non-consolidated.
1995-2015
All variables
Assets and liabilities, S.1312 State government, S.1314 Social security funds, non-consolidated.
1995-2016
(Sept.) 2018
F.6 Insurance, pension and standardised guarantee schemes
F.61 Non-life insurance technical reserves
Assets and liabilities, all sectors, non-consolidated
1995-2015
All variables
Sectors S.14 — Households and S.15 — Non-profit institutions serving households, uses and resources (to be provided as total S.14+S.15 until expiration of the derogation)
2012-2015
P.1 — Output
P.11+P.12+P.131 — Market output, output for final use and payments for other non-market output
P.11 — Market Output
P.12 — Output for own final use
P.2 — Intermediate consumption
All sectors, uses and resources
Transmission at t+21months
All variables
S.1312 — State government
S.1314 — Social security funds
1995-2016
(Sept.) 2018
All variables
S.1312 — State government
S.1314 — Social security funds,
All COFOG divisions
1995-2016
(Sept.) 2018
All variables
S.1312 — State government
S.1314 — Social security funds,
All COFOG groups
2001-2016
(Sept.) 2018
All variables
Full table including all details/breakdown, current prices
All variables
Total economy and A*21 breakdowns, current replacement costs and previous year’s replacement costs (data for total economy and industries on AN.11g, AN.111g, AN.112g, AN.1131g, AN.11322g, AN.115g, AN.11n, AN.111n, AN.112n, AN.1131n, AN.11322n, AN.115n, including meta data, to be provided against reduced quality until expiration of derogation)
2000-2014
All variables
Total economy and A*21 breakdown, current prices, previous year’s prices and chain linked volumes (data for total economy and industries on P.51g_AN.11, P.51g_AN.111, P.51g_AN.112, P.51g_AN.1131, P.51g_AN.11322, P.51g_AN.115, including meta data, to be provided against reduced quality until expiration of derogation)
1995-2014
All variables
All sectors (data for total economy and institutional sectors on AN.1, AN.11, AN.11 + 12, AN.111, AN.112, AN.1121, AN.1122, AN.113+AN.114, AN.115, including meta data, to be provided against reduced quality until expiration of derogation)
1995-2015
All variables
S.1312 — State government
S.1314 — Social security funds, including all counterpart sectors
1999Q1-2018Q1
(Sept.) 2018
All variables
S.1312 — State government
S.1314 — Social security funds
2000Q1-2018Q1
(Sept.) 2018 |
15.5.2014
EN
Official Journal of the European Union
L 143/16
COUNCIL DECISION
of 6 May 2014
on a position to be taken, on behalf of the European Union, within the Trade Committee set up by the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, as regards the adoption of the Rules of Procedure for the Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators, the establishment of the lists of arbitrators and the list of experts of the Group of Experts, and the adoption of the Rules of Procedure for the Group of Experts on Trade and Sustainable Development
(2014/277/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
On 19 January 2009, the Council authorised the Commission to negotiate a multiparty trade agreement on behalf of the European Union and its Member States with the Member countries of the Andean Community.
(2)
These negotiations have been concluded and the Trade Agreement between the European Union its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1) was signed in Brussels on 26 June 2012.
(3)
Pursuant to Article 330(3) of the Agreement, the Agreement has been provisionally applied with Peru since 1 March 2013 and with Colombia since 1 August 2013, subject to its conclusion at a later date.
(4)
Article 12 of the Agreement establishes a Trade Committee which is to, inter alia, ensure that the Agreement operates properly.
(5)
Point (j) of Article 13(1) of the Agreement provides that the Trade Committee is to adopt its own Rules of Procedure.
(6)
Point (h) of Article 13(1) and Article 315 of the Agreement provide that the Trade Committee is to adopt, at its first meeting, the Rules of Procedure and the Code of Conduct for arbitrators.
(7)
Article 304(1) and (4) of the Agreement provide that the Trade Committee is to establish, at its first meeting, a list of 25 individuals to serve as arbitrators and an additional list of 12 individuals with sectorial experience on specific subjects covered by the Agreement.
(8)
Article 284(3) of the Agreement provides that the Trade Committee is to endorse, at its first meeting, a list of at least 15 persons with expertise on issues covered by Title IX of the Agreement to serve in the Group of Experts.
(9)
Article 284(6) of the Agreement stipulates that the Trade Committee is to adopt, at its first meeting, Rules of Procedure for the Group of Experts.
(10)
The Union should determine the position to be taken with regards to the adoption of the Rules of Procedure of the Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators, the establishment of the lists of individuals to serve as arbitrators and of the list of persons with expertise on issues covered by Title IX of the Agreement, as well as the adoption of the Rules of Procedure for the Group of Experts,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on behalf of the Union within the Trade Committee, set up by the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, as regards the adoption of the Rules of Procedure of the Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators, the establishment of the lists of individuals to serve as arbitrators and the list of persons with expertise on issues covered by Title IX of the Agreement, as well as the adoption of the Rules of Procedure for the Group of Experts, shall be based on the draft decisions of the Trade Committee attached to this Decision.
Minor technical corrections to the draft decisions of the Trade Committee may be agreed to by the representatives of the Union in the Trade Committee without further decision of the Council.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 6 May 2014.
For the Council
The President
G. STOURNARAS
(1) OJ L 354, 21.12.2012, p. 3.
ANNEX I
DRAFT
DECISION No …/2014 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE
of …
on the adoption of the Rules of Procedure of the Trade Committee referred to in point (j) of Article 13(1) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
THE TRADE COMMITTEE,
Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1), signed in Brussels on 26 June 2012, and in particular point (j) of Article 13(1) thereof,
Whereas:
(1)
The Trade Committee shall adopt its own Rules of Procedure and shall supervise the work of all specialised bodies established under the Agreement.
(2)
The Trade Committee has the exclusive authority to evaluate and adopt decisions as envisaged in the Agreement regarding any subject matter which is referred to it by the specialised bodies established in accordance with the the Agreement,
HAS ADOPTED THIS DECISION:
1.
The Rules of Procedure of the Trade Committee are established as set out in the Annex.
2.
This Decision shall enter into force on …
Done at …on …
For the Trade Committee
Minister for Trade, Industry and Tourism of Colombia
Commissioner for Trade of the European Commission
Minister for Foreign Trade and Tourism of Peru
(1) OJ L 354, 21.12.2012, p. 3.
Annex to Decision No …/2014 of the EU-Colombia-Peru Trade Committee
RULES OF PROCEDURE OF THE TRADE COMMITTEE
Article 1
Composition and Chair
1.
The Trade Committee that is established in accordance with Article 12 of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1), shall perform its duties as provided for in Article 12 of the Agreement and take responsibility for the operation and correct application of the Agreement.
2.
As provided for in Article 12(1) of the Agreement, the Trade Committee shall be composed of the representatives of the EU Party and representatives of each signatory Andean Country.
3.
The Trade Committee shall be chaired on a rotational basis for a period of one year by the Minister for Trade, Industry and Tourism of Colombia, the Minister for Foreign Trade and Tourism of Peru, or the Member of the European Commission responsible for Trade. The first period shall begin on the date of the first Trade Committee meeting and end on 31 December of the same year. The Chairperson may arrange to be represented by respective designees as provided for in Article 12(2) of the Agreement.
4.
The Trade Committee may meet in sessions where only the EU Party and one signatory Andean Country participate, regarding matters which relate exclusively to their bilateral relationship or which have been referred to the Trade Committee after being discussed within a specialised body in which only those two Parties participated. Such sessions will be co-chaired by the EU Party and the signatory Andean Country concerned. Other signatory Andean Countries may participate in such sessions subject to prior agreement of the EU Party and the signatory Andean Country concerned.
5.
Reference to the Parties in these Rules of Procedure is in accordance with the definition provided for in Article 6 of the Agreement.
Article 2
Representation
1.
A Party shall notify in writing to the other Parties of the list of its members of the Trade Committee. The list shall be administered by the Secretariat of the Trade Committee, as provided for in Article 6.
2.
A Party wishing to be represented by an alternate representative shall notify the other Parties the name of his or her alternate representative before the meeting at which he or she is to be so represented. The alternate representative of a member of the Trade Committee shall exercise all the rights of that member.
Article 3
Meetings
1.
The Trade Committee shall meet once a year or at the request of either Party, as provided for in Article 12(2) of the Agreement. The meetings shall be held on a rotational basis, in Bogota, Brussels and Lima, unless the Parties agree otherwise.
2.
By way of exception and if the Parties agree, the meetings of the Trade Committee may be held by any agreed technological means.
3.
Each meeting of the Trade Committee shall be convened by the Secretariat of the Trade Committee at a date and place agreed by the Parties. The convening notice of the meeting shall be issued by the Secretariat of the Trade Committee to the members of the Trade Committee no later than 28 days prior to the start of the session, unless the Parties agree otherwise.
Article 4
Delegation
The members of the Trade Committee may be accompanied by officials. Before each meeting, the Parties shall be informed of the intended composition of the delegations attending the meeting.
Article 5
Observers
The Trade Committee may decide to invite observers on an ad hoc basis.
Article 6
Secretariat
The coordinators designated by the Parties, in accordance with Article 16 of the Agreement, shall jointly act as the Secretariat of the Trade Committee.
Article 7
Documents
Where the deliberations of the Trade Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat of the Trade Committee as documents of the Trade Committee.
Article 8
Correspondence
1.
Correspondence to the Chairperson of the Trade Committee shall be forwarded to the Secretariat of the Trade Committee for circulation to the other Parties.
2.
Correspondence from the Chairperson of the Trade Committee shall be sent to the recipients by the Secretariat of the Trade Committee and be numbered and circulated, where appropriate, to the other Parties.
3.
For matters which relate exclusively to a bilateral relationship between the EU Party and one signatory Andean Country, the correspondence will be done between those two Parties, keeping the other signatory Andean Countries fully informed, as appropriate.
Article 9
Agenda for the Meetings
1.
A provisional agenda for each meeting shall be drawn up by the Secretariat of the Trade Committee on the basis of proposals made by the Parties. It shall be forwarded, together with the relevant documents, to all the Parties no later than 14 days before the beginning of the meeting as documents referred to in Article 7 of these Rules of Procedure.
2.
The provisional agenda shall include items in respect of which the Secretariat of the Trade Committee has received a request for inclusion in the agenda by a Party, together with the relevant documents, no later than 21 days before the beginning of the meeting.
3.
The agenda shall be adopted by the Trade Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
4.
The Chairperson of the Trade Committee may, upon agreement of the other Parties, invite experts to attend its meetings in order to provide information on specific subjects.
5.
The Chairperson of the Trade Committee may, upon agreement of the other Parties, reduce the time periods specified in paragraphs 1 and 2 in order to take account of the requirements of a particular case.
Article 10
Minutes
1.
Draft minutes of each meeting shall be drawn up by the Secretariat of the Trade Committee, normally within 21 days from the end of the meeting. The first draft will be prepared by the Party acting as the Chairperson within 10 days from the end of the meeting.
2.
The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:
(a)
the documents submitted to the Trade Committee;
(b)
any statement that a member of the Trade Committee has asked to be entered; and
(c)
the decisions adopted, recommendations made, statements agreed upon and conclusions adopted on specific items.
3.
The minutes shall also include a list of members of the Trade Committee or their alternate representatives who took part in the meeting, a list of the members of the delegations accompanying them and a list of any observers or experts to the meeting.
4.
The minutes shall be approved in writing by the Parties within 28 days of the date of the meeting. Once approved, copies of the minutes shall be signed by the Secretariat of the Trade Committee and each of the Parties shall receive one original copy of those authentic documents.
Article 11
Decisions and Recommendations
1.
The Trade Committee shall adopt decisions and recommendations by consensus.
2.
In the period between meetings, the Trade Committee may adopt decisions or recommendations by written procedure if the Parties so agree. For that purpose, the text of the proposal shall be circulated in writing in a correspondence from the Chairperson to the members of the Trade Committee pursuant to Article 8, with a time limit no less than 21 days within which members must make known any reservations or amendments they wish to make.
In the course of the written procedure, any member of the Trade Committee may request by writing to the Chairperson that the proposal be discussed in the next Trade Committee meeting. Such request automatically suspends the writing procedure.
A proposal on which no Party has made a reservation within the time limit set for a written procedure shall stand adopted by the Trade Committee. The Chairperson of the Trade Committee shall then inform the Members, upon report from the Secretariat that agreement has been given by the Parties.
Proposals adopted shall be communicated pursuant to Article 8 once the time limit has elapsed. Adopted proposals shall be recorded in the minutes of the next meeting.
3.
Where the Trade Committee is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively. The Secretariat of the Trade Committee shall give any decision or recommendation a serial number, the date of adoption and a description of their subject-matter. Each decision shall provide for the date of its entry into force.
4.
Decisions and recommendations adopted by the Trade Committee shall be authenticated by making an authentic copy signed by the Chairperson of the Trade Committee available for each Party.
Article 12
Languages
1.
The official languages of the Trade Committee shall be the official languages of the Parties.
2.
Unless otherwise decided, the Trade Committee shall normally base its deliberations on documentation and proposals prepared in the languages referred to in paragraph 1.
Article 13
Publicity and Confidentiality
1.
Unless otherwise decided, the meetings of the Trade Committee shall not be public.
2.
When a Party submits information considered as confidential under its laws and regulations to the Trade Committee, specialised committees, working groups or any other bodies, the Parties shall treat that information as confidential according to the rules described in Article 290(2) of the Agreement.
3.
Each Party may decide on the publication of the decisions and recommendations of the Trade Committee in its respective official publication.
Article 14
Expenses
1.
Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Trade Committee, both with regard to staff, travel and subsistence expenses and with regard to postal and telecommunications expenses.
2.
Expenses in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
3.
Expenses in connection with the interpretation at meetings and translation of documents into or from Spanish and English shall be borne by the Party hosting the meeting. Interpretation and translation into or from the other languages shall be borne by the requesting Party.
Article 15
Specialised Committees and Working Groups
1.
The Trade Committee shall be assisted in the performance of its duties by the specialised bodies established under the auspices of the Trade Committee. Unless otherwise provided by the Agreement or agreed by this Trade Committee or the relevant specialised body created by the Agreement adopting its decision, the present Rules of Procedures shall be applied mutatis mutandis by the specialised bodies (i.e. sub-committees, working groups, etc.).
2.
The Trade Committee shall be informed of the contact points designated by each specialised body. All relevant correspondences, documents and communications between the contact points of each specialised body shall be forwarded to the Secretariat of the Trade Committee simultaneously.
3.
The Trade Committee at each regular meeting shall receive reports from each specialised body on its activities.
4.
Specialised body may establish its own rules of procedure, as provided for in the Agreement, which shall be reported to the Trade Committee.
Article 16
Amendment of Rules of Procedure
The Rules of Procedure may be amended according to the provisions of Article 11.
(1) OJ L 354, 21.12.2012, p. 3.
ANNEX II
DRAFT
DECISION No …/2014 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE
of
on the adoption of the Rules of Procedure and Code of Conduct for arbitrators referred to in point (h) of Article 13(1) and Article 315 of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
THE TRADE COMMITTEE,
Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1), signed in Brussels on 26 June 2012, and in particular point (h) of Article 13(1) and Article 315 thereof,
Whereas:
(1)
The Trade Committee shall adopt at its first meeting the Rules of Procedure and the Code of Conduct for arbitrators.
(2)
The Trade Committee has the exclusive authority to evaluate and adopt decisions as envisaged in the Agreement regarding any subject matter which is referred to it by the specialised bodies established according to the Agreement,
HAS ADOPTED THIS DECISION:
1.
The Rules of Procedure and the Code of Conduct for arbitrators are established as set out in the Annex.
2.
This Decision shall enter into force on …
Done at …on …
For the Trade Committee
Minister for Trade, Industry and Tourism of Colombia
Commissioner for Trade of the European Commission
Minister for Foreign Trade and Tourism of Peru
(1) OJ L 354, 21.12.2012, p. 3.
Annex to Decision No …/2014 of the EU-Colombia-Peru Trade Committee
RULES OF PROCEDURE
General Provisions
1.
Pursuant to Title XII (Dispute Settlement) and under these rules:
(a)
‘the Agreement’ means the Trade Agreement between Peru and Colombia, of the one part, and the European Union and its Member States, of the other part, signed in Brussels on June 26 2012;
(b)
‘adviser’ means a person retained by a disputing party to advise or assist that party in connection with the proceedings before an arbitration panel;
(c)
‘arbitrator’ means a member of an arbitration panel effectively established under Article 303 (Establishment of an Arbitration Panel) of the Agreement;
(d)
‘assistant’ means a person who, under the terms of appointment by an arbitrator, conducts, researches or provides assistance to that arbitrator;
(e)
‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 302 (Initiation of the Arbitration Proceedings) of the Agreement;
(f)
‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 299 (Scope of Application) of the Agreement;
(g)
‘arbitration panel’ means a panel established under Article 303 (Establishment of an Arbitration Panel) of the Agreement;
(h)
‘representative of a Party’ means an employee or any person appointed by a government department or agency or any other public entity of a party to the dispute;
(i)
‘day’ means a calendar day;
(j)
‘third party’ means a Party that is not a disputing party, but who participates in the consultations and/or arbitration proceedings, as the case may be, in accordance with Articles 301 (Consultations), paragraph 10, and/or 302 (Initiation of Arbitration Proceedings), paragraph 4 of the Title XII (Dispute Settlement) of the Agreement.
2.
The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organization of hearings, unless otherwise agreed. However, both disputing Parties shall share the costs derived from the organization of the arbitration procedures, including the expenses of the arbitrators. The arbitration panel may, however, decide that these administrative costs, with the exception of the expenses of the arbitrators, be distributed differently taking into account the particulars of the case and other circumstances that may be deemed relevant.
Notifications
3.
The parties to the dispute and the arbitration panel shall transmit any request, notice, written submission or other document by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of telecommunication that provides a record of the sending thereof.
4.
Each disputing party shall provide the other disputing party, any third party in the dispute and each of the arbitrators with a copy of each of its written submissions. A copy of the document shall also be provided in electronic format.
5.
All notifications shall be addressed to the Agreement Coordinators.
6.
Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceedings may be corrected by delivery of a new document clearly indicating the changes.
7.
If the last day for delivery of a document falls on a legal holiday of Colombia, Peru or of the EU, the document may be delivered on the next business day.
Initiation of Arbitration Procedures
8.
When asserting that a measure constitutes a violation of the provision of the Agreement, in accordance with Article 302(2) (Initiation of Arbitration Proceedings), the complaining party shall explain how that measure constitutes a violation of the provisions of the Agreement in a manner that clearly presents the legal grounds for the complaint so as to allow the respondent to present its defense.
Third Parties
9.
In accordance with Article 302(4) (Initiation of Arbitration Proceedings) of the Agreement, any third party may file a written submission to the arbitration panel, with a copy to the parties to the dispute and any third party.
10.
Any third party may also participate in the hearing(s) of the arbitration panel and they shall be invited in writing by the arbitration panel to present their opinions during such hearing(s).
List of Arbitrators
11.
When a Party nominates candidates for the list of arbitrators under Article 304 (List of Arbitrators) of the Agreement, the other Parties may only object to such nominations if such nominees do not comply with the requirements set out in Article 304(3) (List of Arbitrators) of the Agreement and the Code of Conduct for members of an arbitration panel.
12.
When any candidate nominated by a Party is no longer part of the list, such Party shall nominate a new candidate. In case of candidates for president of the arbitration panel, the Parties shall agree on a replacement.
Establishment of an Arbitration Panel
13.
If pursuant to Article 303 (Establishment of an Arbitration Panel) of the Agreement any member of the arbitration panel is selected by lot, representatives of both disputing parties shall be invited with due anticipation to be present when lots are drawn. In any event, the lot shall be carried out with any disputing party present at the time, and within 5 days following the request for the selection of the arbitrator by the Chairperson of the Trade Committee.
14.
The disputing parties shall notify arbitrators of their appointment.
15.
An arbitrator who has been appointed according to the procedure established under Article 303 (Establishment of an Arbitration Panel) of the Agreement shall notify his/her acceptance to the Trade Committee within 5 days of the date in which he/she was informed of his/her appointment.
16.
Unless the disputing parties agree otherwise, these parties shall meet with the arbitration panel within 7 days of its establishment in order to determine such matters that the disputing parties or the arbitration panel deem appropriate. In case the Trade Committee has not established the remuneration and the expenses to be paid to the arbitrators, such remuneration and expenses shall be determined in conformity with WTO practice.
17.
(a)
Unless the disputing parties agree otherwise, within 5 days from the date of the selection of the arbitrators, the terms of reference of the arbitration panel shall be:
‘to examine, in the light of the relevant provisions of the Agreement invoked by the disputing parties, the matter referred to in the request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with the provisions referred to in Article 299 (Scope of Application) and to make a ruling in accordance with Article 307 (Arbitration Panel Ruling) of the Agreement.’.
(b)
The disputing parties must notify the agreed terms of reference to the arbitration panel within 2 days after reaching the agreement.
Initial Submissions
18.
The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of delivery of the initial written submission.
Operation of Arbitration Panels
19.
The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the chairperson authority to make administrative decisions regarding the proceedings.
20.
Unless otherwise provided in the Agreement or in these Rules of Procedure, the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.
21.
Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may authorize its assistants to be present at its deliberations.
22.
The drafting of any arbitration panel ruling shall remain the exclusive responsibility of the arbitration panel and may not be delegated.
23.
Where a procedural question arises that is not covered by the provisions of the Agreement and its Annexes, an arbitration panel may adopt an appropriate procedure that is compatible with those provisions.
24.
When the arbitration panel considers it is necessary to modify any period of time applicable to the proceedings or to make any other procedural or administrative adjustment, it shall inform the disputing parties in writing of the reasons for the change or adjustment, indicating the period of time or adjustment needed. The time limits set out in Article 307(2) (Arbitration Panel Ruling) shall not be modified.
Recusal and Removal
25.
A request by a disputing party for the recusal or removal of an arbitrator as provided for in Article 305(1) (Recusal, Removal and Replacement) of the Agreement, shall be made in writing and shall include the basis as well as the evidence that sustains the material violation by the arbitrator of the Code of Conduct. That request shall be transmitted to the other disputing party, with a copy to the Trade Committee within 10 days from the date in which the Party obtained evidence of the circumstances that gave rise to the request for recusal of the arbitrator.
26.
Within 5 days after the receipt of the request, the disputing parties shall consult each other. In case of agreement, a new arbitrator shall be selected according to the procedure set out in Article 303 (Establishment of an Arbitration Panel) of the Agreement.
27.
In the absence of an agreement between the disputing parties on the need to have an arbitrator removed, any of those parties may request that the matter be decided by the chairperson of the arbitration panel, whose decision shall be final.
28.
If the chairperson of the arbitration panel or his/her delegate finds that an arbitrator does not comply with the requirements of the Code of Conduct, he/she shall select a new arbitrator by lot. If the original arbitrator was selected by the disputing parties in accordance with Article 303(2) (Establishment of the arbitration panel) of the Agreement the replacement shall be selected by lot from the members of the list referred to in Article 304 (List of Arbitrators) of the Agreement, which were proposed by the Party which selected the original arbitrator. If, to the contrary, the original arbitrator was selected by the disputing parties in accordance with Article 303(5) (Establishment of the Arbitration panel) of the Agreement, the lot shall be made from all the members of the referred list. The selection shall be made in accordance with Rule 12, mutatis mutandis, and within 5 days following the date of the request to the chairperson of the arbitration panel.
29.
If the disputing parties fail to agree on the need to replace the chairperson of the arbitration panel, any of those parties may request that such matter be referred to one of the remaining members of the list of individuals selected to act as chairpersons under Article 304(1) (List of Arbitrators) of the Agreement. Her or his name shall be drawn by lot by the Chair of the Trade Committee or the Chair's delegate. This selection shall be made in accordance with rule 12 and within 5 days following the date of the request to the Chair of the Trade Committee. The decision by such person on the need to replace the chairperson shall be final.
30.
If this person decides that the original chairperson does not comply with the requirements of the Code of Conduct, she or he shall select a new chairperson by lot among the remaining pool of individuals referred to in Article 304 (List of the arbitrators) of the Agreement who may act as chairperson. This selection of the new chairperson shall be done in accordance with Rule 12, mutatis mutandis and within 5 days following the date on which the designated person has taken the decision on the recusal.
31.
The arbitration panel proceedings and the applicable time limits shall be suspended while a request for recusal of an arbitrator, and his/her removal and replacement are being decided, as the case may be.
Hearings
32.
The chairperson shall fix the date and time of the hearing, in consultation with the disputing parties and the other members of the arbitration panel, and shall notify them in writing to the Parties accordingly. The Party in charge of the logistical administration of the proceedings shall make such information publicly available unless the hearing is closed to the public.
33.
Unless the disputing parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Colombia or Peru and in Bogota or Lima, as the case may be, if the complaining Party is the EU.
34.
The arbitration panel may convene additional hearings if the Parties so agree.
35.
All arbitrators shall be present during the entirety of any hearing.
36.
The following persons may attend the hearing, irrespective of whether the hearing is closed to the public or not:
(a)
representatives of the disputing parties and any third party;
(b)
advisers to the disputing parties and any third party;
(c)
administrative staff, interpreters, translators and court reporters and arbitrators' assistants.
37.
Only the representatives and advisers of the disputing parties and any third party may address the arbitration panel.
38.
No later than 5 days before the date of a hearing, each disputing party shall deliver to the arbitration panel a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that party and of other representatives or advisers who will be attending the hearing.
39.
Subject to Rules 46, 47, 48 and 49, the hearings of the arbitration panels shall be open to the public, unless the disputing parties decide that the hearings shall be partially or completely closed to the public.
40.
The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:
Argument
(a)
argument of the complaining Party;
(b)
argument of the Party complained against.
Rebuttal Argument
(a)
argument of the complaining Party;
(b)
counter-reply of the Party complained against.
41.
The arbitration panel may direct questions to either disputing party at any time during the hearing.
42.
The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the disputing parties.
43.
Each disputing party may deliver a supplementary written submission concerning any matter that may have arisen during the hearing within 10 days of the date of the hearing.
Questions in Writing
44.
The arbitration panel may at any time during the proceedings address questions in writing to one or both disputing parties and to any third party. The disputing parties and any third party shall receive a copy of any questions put forward by the arbitration panel. When answering a question is not possible within a hearing, Arbitration Panels should provide the disputing parties with the appropriate time to answer those questions.
45.
Each disputing party or any third party shall also provide a copy of its written response to the arbitration panel's questions to the other disputing party and any third party. Disputing parties shall be given the opportunity to provide written comments on the reply of the other disputing party and to the replies of any third party within 5 days of the date of delivery.
Confidentiality
46.
Each disputing party, any third party and their advisors shall treat as confidential any information submitted by the other disputing party to the arbitration panel which that party has designated as confidential.
47.
Where a disputing party submits a confidential version of its written submissions to the arbitration panel, it shall also, upon request of the other disputing party, provide a non-confidential summary of the information contained in its submissions no later than 15 days after the date of either the request or the submission of the confidential version, whichever is later.
48.
Written submissions made to the arbitration panel shall be considered confidential but shall be provided to the disputing parties and any third party. Nothing in these Rules of Procedure shall preclude a disputing party from disclosing statements of its own positions to the public to the extent that they do not contain confidential information.
49.
The arbitration panel shall meet in closed session when the submission and arguments of any disputing party contain confidential information.
50.
The disputing parties and their advisers shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed session, in accordance with Rule 39.
Ex Parte Contacts
51.
The arbitration panel shall not meet or contact a disputing party in the absence of the other disputing party.
52.
No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with one or both disputing parties or any third party in the absence of the other arbitrators.
Amicus curiae submissions
53.
Any interested natural or juridical person established in the territory of a disputing party and which is not part of the government of any of the disputing parties, may make a written request to the arbitration panel, with a copy to the parties to the dispute, to be authorised to submit an amicus curiae brief within 10 days from the date of establishment of the arbitration panel. Such request shall:
(a)
contain a description of the person making the submission, including its place of establishment and other contact information, the nature of its activities and, in the case of a juridical person, information on its members, its legal status and its general objectives;
(b)
identify the specific factual and legal issues which will be addressed in the submission;
(c)
specify the nature of its interest and its relevance for the proceedings and how the submission would assist the arbitration panel in the determination of a factual or legal issue related to the dispute;
(d)
disclose any direct or indirect relationship that the person making the submission has or has had with a disputing party, as well as its source of financing;
(e)
state whether it has received or will receive any financial or other kind of support from a disputing Party, a person or other organisation, in the preparation of the request for authorisation to submit a brief or the preparation of the brief itself.
(f)
not be longer than 5 pages typed with double space; and
(g)
be written in the languages of the procedure.
54.
The arbitration panel shall establish an appropriate date by which the disputing parties can comment on the application for authorization.
55.
The arbitration panel shall review and take into consideration the application for authorization, the veracity of the information provided therein and any comment made by the disputing parties and shall take a decision without delay about granting authorization for making a written submission by an interested natural or juridical person. An authorization by an arbitration panel to make a written submission does not imply that the arbitration panel shall examine in its ruling the legal arguments presented in the submission.
56.
Amicus curiae submissions shall be transmitted to the arbitration panel, with a copy to the disputing parties, within 5 days following the date of the authorisation by the arbitration panel to make such submission. The submission shall:
(a)
be dated and signed by the person making the submission or his/her representative;
(b)
be concise and in no case longer than 15 pages typed at double space, including any annexes;
(c)
not introduce new issues to the dispute, and cover only those issues relevant to the issues of fact and law subject to the consideration of the arbitration panel and identified by in the request for authorization to make a submission, explaining how the submission helps the arbitration panel in the determination of those issues;
(d)
be submitted in the languages of the procedure.
57.
The arbitration panel shall ensure that the disputing parties have the opportunity to reply in writing to any amicus curiae submissions before the date of the hearing.
58.
The arbitration panel shall include in its ruling a list of all the amicus curiae submissions that it has received. The arbitration panel shall not be obliged to address in its ruling the arguments made in those submissions.
59.
In taking into consideration requests for authorisation to make a submission or amicus curiae submissions themselves, the arbitration panel shall avoid interrupting the proceedings and shall ensure the equality of the disputing parties.
Information and Technical Advice
60.
The arbitration panel shall notify to the disputing parties of its intention to seek information or technical advice from experts as set out in Article 316 (Information and Technical Advice) of the Agreement.
61.
The arbitration panel shall provide to the disputing parties with a copy of the information or technical advice received and shall grant a reasonable time for the disputing parties to present their comments. The opinion of the experts shall have a merely consultative nature.
62.
When the arbitration panel takes under consideration the received information or technical advice, it shall also take into consideration any comment or observation presented by the disputing parties in relation to such information or technical advice.
63.
The arbitration panel shall ensure that when gathering information and seeking technical advice it shall do so from accredited persons with experience in the relevant field. In addition, the experts shall be independent, impartial, shall not be affiliated to or be directly or indirectly dependent on any of the disputing parties, and shall not receive instructions from them or any organization.
Cases of Urgency
64.
In cases of urgency referred to in Article 307(2) (Arbitration Panel Ruling) of the Agreement, the arbitration panel shall adjust the time limits referred to in these Rules of Procedure, as appropriate.
Translation and Interpretation
65.
The disputing parties shall have the right to present and receive written submissions, and to present and hear oral arguments in the language of their choice. Each disputing party shall expeditiously arrange for and bear the costs of the translation of its written submissions into the language chosen by the other disputing Party. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the disputing parties.
66.
Arbitration panel rulings shall be notified in the languages chosen by the disputing parties.
67.
The costs incurred for translation of an arbitration ruling shall be borne equally by the disputing parties.
68.
Any disputing party may provide comments on any translated version of a document drawn up in accordance with these Rules of Procedure.
Computation of Time Limits
69.
Where, by reason of the application of Rule 7, a disputing party receives a document on a date other than the date on which this document is received by the other disputing Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.
Other Procedures
70.
These Rules of Procedure are also applicable to procedures established under Article 308(3) (Implementation of the Arbitration Ruling); Article 309(2) (Review of Any Measure adopted to Comply with the Arbitration Panel Ruling); Article 310(4) (Temporary remedies in case of Non-Compliance); and Article 311(2) (Review of Any Measure Adopted After the Suspension of Benefits of compensation for Non-Compliance). However, the time-limits laid down in these Rules of Procedure shall be adjusted in line with the special time-limits provided for the adoption of a ruling by the arbitration panel in those other procedures.
CODE OF CONDUCT
Definitions
1.
For purposes of this Code of Conduct:
(a)
‘arbitrator’ means a member of an arbitration panel effectively established under Article 303 (Establishment of the Arbitration Panel) of the Agreement;
(b)
‘mediator’ means a person who conducts a mediation procedure in accordance with Article 322 (Mediation Mechanism) and the Annex XIV (Mediation Mechanism on Non-Tariff Barriers) of the Agreement;
(c)
‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 304 (List of Arbitrators) of the Agreement and who is under consideration for selection as a member of an arbitration panel under Article 303 (Establishment of the Arbitration Panel) of the Agreement;
(d)
‘expert’ means any person with technical knowledge or specialised in certain areas covered by the different Titles of the Agreement;
(e)
‘assistant’ means a person who, under the terms of appointment of an arbitrator, conducts, researches or provides assistance to the arbitrator;
(f)
‘proceedings’, unless otherwise specified, means an arbitration panel proceedings under the Agreement; and
(g)
‘staff’, in respect of an arbitrator, means persons under the direction and control of the arbitrator, other than assistants.
Responsibilities to the process
2.
Every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. Former arbitrators must comply with the obligations established in paragraphs 15, 16, 17 and 18 of this Code of Conduct.
Disclosure obligations
3.
Prior to confirmation of her or his selection as an arbitrator under the Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceedings. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
4.
Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceedings.
5.
A candidate or arbitrator shall communicate matters concerning actual or potential violations of this Code of Conduct to the Trade Committee for consideration by the Parties.
Duties of arbitrators
6.
Upon selection an arbitrator shall perform her or his duties thoroughly and expeditiously throughout the course of the proceedings, and with fairness and diligence.
7.
An arbitrator shall consider only those issues raised in the proceedings and necessary for a ruling and shall not delegate this duty to any other person.
8.
An arbitrator shall be responsible of taking all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with, this Code of Conduct, as applicable.
9.
An arbitrator shall not engage in ex parte contacts concerning the proceedings.
Independence and impartiality of arbitrators
10.
An arbitrator must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism.
11.
An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of her or his duties.
12.
An arbitrator may not use her or his position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence her or him.
13.
An arbitrator may not allow financial, business, professional, family, personal or social relationships or responsibilities to influence her or his conduct or judgement.
14.
An arbitrator must avoid entering into any relationship or acquiring any financial interest that is likely to affect her or his impartiality or that might reasonably create an appearance of impropriety or bias.
Obligations of former arbitrators
15.
All former arbitrators must avoid actions that may create the appearance that they were biased in carrying out their duties or derive advantage from the decision or ruling of the arbitration panel.
Confidentiality
16.
No arbitrator or former arbitrator shall at any time disclose or use any non-public information concerning proceedings or acquired during proceedings except for the purposes of those proceedings and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
17.
No arbitrator shall disclose any arbitration panel ruling or parts thereof prior to its publication in accordance with Article 318(4) (Arbitration Panel Decisions and Rulings) of the Agreement.
18.
No arbitrator or former arbitrator shall disclose at any time the deliberations of an arbitration panel, or any arbitrator's views.
Mediators, experts
19.
The provisions described in this Code of Conduct as applying to arbitrators or former arbitrators shall apply, mutatis mutandis, to mediators and experts.
ANNEX III
DRAFT
DECISION No …/2014 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE
of
on the establishment of the lists of arbitrators referred to in Article 304(1) and (4) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
THE TRADE COMMITTEE,
Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1), signed in Brussels on 26 June 2012, and in particular Article 304 (1) and (4) thereof,
Whereas:
(1)
The Trade Committee shall establish at its first meeting a list of 25 individuals to serve as Arbitrators and additional lists of 12 individuals with sectorial experience on specific subjects covered by the Agreement.
(2)
The Trade Committee has the exclusive authority to evaluate and adopt decisions as envisaged in the Agreement regarding any subject matter which is referred to it by the specialised bodies established according to the Agreement,
HAS ADOPTED THIS DECISION:
1.
The lists of individuals who may serve as arbitrators for the purposes of Article 304(1) and (4) of the Agreement are set out in the Annex to this Decision.
2.
This Decision shall enter into force on …
Done at …on …
For the Trade Committee
Minister for Trade, Industry and Tourism of Colombia
Commissioner for Trade of the European Commission
Minister for Foreign Trade and Tourism of Peru
(1) OJ L 354, 21.12.2012, p. 3.
Annex to Decision No …/2014 of the EU-Colombia-Peru Trade Committee
LIST OF ARBITRATORS
reffered to in Article 304(1) of the Agreement
Arbitrators proposed by Colombia
1.
Eric Tremolada Álvarez
2.
Olga Lucía Lozano Ferro
3.
Adriana Zapata de Arbeláez
4.
Silvia Anzola de González
5.
Boris Darío Hernández Salame
Arbitrators proposed by the EU
1.
Giorgio Sacerdoti
2.
Ramon Torrent
3.
Pieter Jan Kuijper
Claus-Dieter Ehlermann
5.
Claudio Dordi
Arbitrators proposed by Peru
1.
Alfredo Ferrero Diez Canseco
2.
Diego Calmet Mujica
3.
Fernando Piérola
4.
Mercedes Araoz Fernández
5.
Manuel Monteagudo Valdez
Chairpersons
1.
Bradly Condon (Canada)
2.
Álvaro Galindo (Ecuador)
3.
Shotaro Oshima (Japan)
4.
Merit Janow (US)
5.
Luiz Olavo Baptista (Brazil)
6.
Pierre Pettigrew (Canada)
7.
Ricardo Ramírez Hernández (Mexico)
8.
Jorge Miranda (Mexico)
9.
Maryse Robert (Canada)
10.
María Luisa Pagán (Puerto Rico)
ADDITIONAL LIST OF ARBITRATORS WITH SECTORIAL EXPERIENCE ON SPECIFIC SUBJECTS COVERED BY THE AGREEMENT
reffered to in Article 304(4) of the Agreement
Trade in Goods experts
Arbitrators proposed by Colombia
1.
Juan Carlos Elorza
2.
Ramón Madriñan
3.
María Clara Lozano
Arbitrators proposed by the EU
1.
Hannes Schoemann
2.
Jan Bourgeois
3.
Maurizio Mensi
Arbitrators proposed by Peru
1.
Jose Antonio de la Puente
2.
Marcela Zea
3.
Julio Guadalupe
Chairpersons
1.
Rafael Cornejo
2.
Kirsten Hilman
3.
Mario Matus
Experts in areas of Trade in Services, Establishments, Competition, Intellectual Property Rights or Government Procurement
Arbitrators proposed by Colombia
1.
Eduardo Silva
2.
Ernesto Rengifo
3.
Ricardo Metke
Arbitrators proposed by the EU
1.
Jan Wouters
2.
Kim Van der Borght
3.
Alexander Belohlavek
Arbitrators proposed by Peru
1.
Luis Alonso Garcia
2.
Ricardo Paredes
3.
Benjamin Chavez
Chairpersons
1.
Luis González García
2.
Luzius Wasescha
3.
Thomas Cottier
ANNEX IV
DRAFT
DECISION No …/2014 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE
of
on the adoption of the Rules of Procedure for the Group of Experts in Trade and Sustainable Development referred to in Article 284(6) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
THE TRADE COMMITTEE,
Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1), signed in Brussels on 26 June 2012, and in particular Article 284 (6) thereof,
Whereas:
(1)
Article 284 of the Agreement provides that a Party may request that a Group of Experts be convened to examine a trade and sustainable development matter that has not been satisfactorily addressed through governmental consultations under Article 283 of the Agreement.
(2)
At its first meeting the Trade Committee shall adopt Rules of Procedure for the functioning of the Group of Experts.
(3)
The Trade Committee has the exclusive authority to evaluate and adopt decisions as envisaged in the Agreement regarding any subject matter which is referred to it by the specialised bodies established according to the Agreement,
HAS ADOPTED THIS DECISION:
1.
The Rules of Procedure for the Group of Experts are established as set out in the Annex.
2.
This Decision shall enter into force on …
Done at …on …
For the Trade Committee
Minister for Trade, Industry and Tourism of Colombia
Commissioner for Trade of the European Commission
Minister for Foreign Trade and Tourism of Peru
(1) OJ L 354, 21.12.2012, p. 3.
Annex to Decision No …/2014 of the EU-Colombia-Peru Trade Committee
RULES OF PROCEDURE FOR THE GROUP OF EXPERTS OF THE TRADE AND SUSTAINABLE DEVELOPMENT TITLE
General Provisions
1.
In Title IX (Trade and Sustainable Development) of the Agreement and under these rules:
(a)
‘the Agreement’ means the Trade Agreement between Colombia and Peru, of the one part, and the European Union and its Member States, of the other part, signed on 26 June 2012.
(b)
‘day’ means a calendar day.
(c)
‘expert’ means a person with expertise on the issues covered by Title IX (Trade and Sustainable Development), who is suitable to be appointed to serve in a Group of Experts, in accordance with Article 284 of the Agreement.
(d)
‘Group of Experts’ means a group convened in accordance with the procedures set out in Article 284 of the Agreement.
(e)
‘Party to a procedure’ shall be understood as a consulting Party which participates in a procedure before a Group of Experts.
(f)
‘requesting Party’ means any consulting Party which requests that a Group of Experts be convened pursuant to Article 284(1) of the Agreement.
2.
The requesting Party shall be in charge of the logistical administration of proceedings, unless otherwise agreed. The Parties to a procedure shall equally share the costs derived from the organisation of a procedure of the Group of Experts, including the expenses of the experts. The Parties to a procedure may, however, decide that these costs, with the exception of the expenses of the experts, be distributed differently taking into account the particulars of the case and other circumstances that may be deemed relevant.
Notifications
3.
The Parties shall transmit any request that a Group of Experts be convened, or any notice, written submission or other document by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of telecommunication that provides a record of the sending thereof.
4.
Each Party to a procedure shall provide the other Party and each of the members of the Group of the Experts with a copy of each of its written submissions. A copy of the document shall also be provided in electronic format.
5.
Minor errors of a clerical nature in any request, notice, written submission or other document related to the Group of Experts may be corrected by delivery of a new document clearly indicating the changes.
6.
For the purposes of calculating a period of time under Articles 284 and 285 of the Agreement and these rules, such period shall begin to run on the day following the day when a notice, written submission or other document is received. If the last day of such period is an official holiday or a non-work day for any of the Parties to a procedure, the period is extended until the first work day which follows. Official holidays or non-work days occurring during the running of the period of time are included in calculating the period.
7.
Where a Party to a procedure receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.
Establishment of a Group of Experts
8.
If pursuant to Article 284 of the Agreement the Chairperson is selected by lot from the list of non-nationals of any Party to the Agreement, representatives of both Parties to a procedure shall be invited with due anticipation to be present when lots are drawn.
9.
The Parties to a procedure shall notify experts regarding their appointment.
10.
An expert who has been appointed according to the procedure established under Article 284 of the Agreement shall notify his/her acceptance to the Sub-committee on Trade and Sustainable Development within five days of the date in which he/she was informed of his/her appointment.
Initiation of the Group of Experts
11.
Unless the Parties to a procedure agree otherwise, these Parties shall meet with the Group of Experts within fourteen days of its establishment in order to determine such matters that such Parties or the Group of Experts deem appropriate.
12.
(a)
Unless the Parties to a procedure agree otherwise, within seven days from the date of establishment of the Group of Experts, the terms of reference of the Group of Experts shall be:
‘to examine, in the light of the relevant provisions of the Trade and Sustainable Development Title, the matter referred to in the request for the establishment of the Group of Experts, and to issue a report, in accordance with Article 285 of Title IX (Trade and Sustainable Development) of the Agreement, making recommendations for satisfactorily addressing the matter.’.
(b)
The Parties to a procedure must notify the agreed terms of reference to the Group of Experts within two days after reaching the agreement.
Submissions
13.
The Parties to a procedure may present submissions to the Group of Experts at any stage of the process. The Group of Experts may request and receive written submissions or any other information from organisations, institutions, and persons with relevant information or specialised knowledge, including written submissions or information from the relevant international organisations and bodies, on matters concerning the international conventions and agreements referred to in Articles 269 and 270 of the Agreement.
14.
Once the Group of Experts has decided on the list of institutions, organisations and persons it will request information from, it will provide this list to the Parties to a procedure for their information. The Group of Experts shall notify the Parties to a procedure of any institutions, organisations, or persons it subsequently chooses to approach or of those making submissions to the Group of Experts on their own initiative.
Operation of the Group of Experts
15.
The chairperson of the Group of Experts shall preside at all its meetings. The Group of Experts may delegate to the chairperson authority to make administrative decisions regarding the proceedings.
16.
The chairperson shall inform the Parties to a procedure of administrative decisions; such administrative decisions will apply unless otherwise agreed by the Parties to a procedure.
17.
Unless otherwise provided in the Agreement or in these Rules, the Group of Experts may conduct its activities by any means, including telephone, facsimile transmissions or computer links.
18.
Only members of the Group of Experts may take part in the deliberations of the Group of Experts.
19.
The drafting of any Group of Experts ruling shall remain the exclusive responsibility of the Group of Experts and may not be delegated.
20.
Subject to the provisions of the Agreement and these Rules, where a procedural question arises that is not covered therein, the Group of Experts may adopt its own procedures to address such a question. Where a procedural question arises that is not covered by the provisions of the Agreement or in these Rules, a Group of Experts may adopt an appropriate procedure that is compatible with those provisions.
21.
When the Group of Experts considers it is necessary to modify any period of time applicable to the proceedings or to make any other procedural or administrative adjustment, it shall inform the Parties to a procedure in writing of the reasons for the change or adjustment, indicating the period of time or adjustment needed. Such adjustment will apply unless otherwise agreed by the Parties to the procedure.
22.
Consistent with Articles 284 and 285 of the Agreement and these rules, the Group of Experts shall conduct all proceedings in such a manner as it considers appropriate, provided that the Parties to a procedure are treated with equality, and that subject to Article 284(5) of the Agreement, each Party to a procedure is given a full opportunity to present its case.
23.
Consistent with Articles 284 and 285 of the Agreement and these rules, the Parties to a procedure may request meetings with the Group of Experts after the initial report has been presented and prior to the presentation of the final report.
Confidentiality
24.
Each Party to a procedure shall treat as confidential any information submitted by the other Party to the Group of Experts which that Party has designated as confidential.
25.
Where a Party to a procedure submits a confidential version of its written submissions to the Group of Experts, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions no later than fifteen days after the date of either the request or the submission of the confidential version, whichever is later.
26.
Written submissions made to the Group of Experts shall be considered confidential but shall be provided to the Parties to a procedure. The Parties to a procedure may issue joint statements of their positions to the extent that they do not contain confidential commercial information.
27.
The Group of Experts shall meet in closed session when the submissions and arguments of any Party to a procedure contain confidential commercial information.
Translation and Interpretation
28.
The Parties to a procedure shall have the right to present and receive written submissions in the languages of their choice.
29.
Each Party to a procedure shall expeditiously arrange for and bear the costs of the translation of its written submissions into English and Spanish. The costs incurred during the deliberations of the Group of Experts for translation and interpretation into or from English and Spanish shall be shared by the Parties to a procedure. Translation and interpretation into or from other languages shall be borne by the requesting Party.
30.
Group of Experts reports shall be notified in English and Spanish.
Other Provisions
31.
The Code of Conduct established for the List of Arbitrators under the Trade Agreement shall also apply for the Group of Experts.
ANNEX V
DRAFT
DECISION No …/2014 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE
of
on the establishment of a Group of Experts on issues covered by the Title on Trade and Sustainable Development, referred to in Article 284(3) of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
THE TRADE COMMITTEE,
Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) (1), signed in Brussels on 26 June 2012, and in particular Article 284(3) thereof,
Whereas:
(1)
Article 284 of the Agreement provides that a Party may request that a Group of Experts be convened to examine a trade and sustainable development matter that has not been satisfactorily addressed through governmental consultations under Article 283 of the Agreement.
(2)
At its first meeting the Trade Committee shall endorse a list of at least 15 persons with expertise on issues covered by the Title on Trade and Sustainable Development.
(3)
The Trade Committee has the exclusive authority to evaluate and adopt decisions as envisaged in the Agreement regarding any subject matter which is referred to it by the specialised bodies established according to the Agreement,
HAS ADOPTED THIS DECISION:
1.
The lists of individuals who may serve as experts for the purposes of Article 284 of the Agreement are set out in the Annex to this Decision.
2.
This Decision shall enter into force on …
Done at …on …
For the Trade Committee
Minister for Trade, Industry and Tourism of Colombia
Commissioner for Trade of the European Commission
Minister for Foreign Trade and Tourism of Peru
(1) OJ L 354, 21.12.2012, p. 3.
Annex to Decision No …/2014 of the EU-Colombia-Peru Trade Committee
LIST OF EXPERTS
reffered to in Article 284(3) of the Agreement
List of experts
1.
Claudia Martínez
2.
Carlos Costa Posada
3.
Enrique Borda Villegas
4.
Katerine Bermúdez
5.
Eddy Laurijssen
6.
Jorge Cardona
7.
Hélène Ruiz Fabri
8.
Geert Van Calster
9.
Jorge Mario Caillaux Zazzali
10.
Rosario Gómez Gamarra
11.
Jorge Toyama Miyagusuku
12.
Alfonso de los Heros Pérez Albela
Chairpersons
1.
Robert McCorquodale
2.
Dane Ratliff
3.
Jill Murray
4.
Arthur Edmond Appleton
5.
Maryse Robert
6.
Orlando Pérez Gárate |
22.1.2014
EN
Official Journal of the European Union
L 19/1
COMMISSION IMPLEMENTING REGULATION (EU) No 53/2014
of 21 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, 21 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
78,9
IL
134,3
MA
57,4
TN
87,8
TR
88,3
ZZ
89,3
0707 00 05
MA
124,7
TR
160,3
ZZ
142,5
0709 91 00
EG
82,2
ZZ
82,2
0709 93 10
MA
77,2
TR
125,5
ZZ
101,4
0805 10 20
EG
46,1
MA
61,1
TR
70,9
ZA
29,2
ZZ
51,8
0805 20 10
IL
170,3
MA
75,3
ZZ
122,8
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
CN
63,3
IL
114,6
JM
114,6
KR
142,4
MA
83,3
TR
89,0
ZZ
101,2
0805 50 10
EG
67,3
TR
73,7
ZZ
70,5
0808 10 80
CN
79,5
MK
24,1
US
135,8
ZZ
79,8
0808 30 90
TR
146,4
US
139,5
ZZ
143,0
(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’. |
20.2.2014
EN
Official Journal of the European Union
L 50/11
COMMISSION REGULATION (EU) No 155/2014
of 19 February 2014
refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health
(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 18(5) thereof,
Whereas:
(1)
Pursuant to Regulation (EC) No 1924/2006 health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.
(2)
Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’ for a scientific assessment, as well as to the Commission and the Member States for information.
(3)
The Authority is to deliver an opinion on the health claim concerned.
(4)
The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority.
(5)
Following an application from Vitabiotics Ltd, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of L-tyrosine and contribution to normal synthesis of dopamine (Question No EFSA-Q-2011-00319) (2). The claim proposed by the applicant was worded as follows: ‘L-tyrosine is essential for the natural formation of dopamine’.
(6)
On 20 July 2011, the Commission and the Member States received the scientific opinion from the Authority, which noted that the role of L-tyrosine in the normal synthesis of catecholamines for the general population has already been addressed with a favourable outcome in a previous opinion (3) in the context of evaluation of claims referred to in Article 13(1) of Regulation (EC) No 1924/2006 and that L-tyrosine is the starting point for the synthesis of all catecholamines, including dopamine. Thus, the Authority concluded that a cause and effect relationship had been established between the consumption of L-tyrosine in a protein adequate diet and contribution to normal synthesis of dopamine and proposed as appropriate conditions of use that ‘a food should be at least a source of protein as per Annex to Regulation (EC) No 1924/2006’.
(7)
The Commission and the Member States have considered whether the health claim reflecting those conclusions should be authorised under the proposed conditions of use, since authorisation may also legitimately be withheld if health claims do not comply with other general and specific requirements of Regulation (EC) No 1924/2006, even in the case of a favourable scientific assessment by the Authority. In the Authority’s response of 9 November 2012 to the request of the Commission, inter alia, for clarification in relation to the evidence submitted for the health claim on L-tyrosine and the proposed conditions of use, the Authority noted that its conclusions for this claim were based on the well established biochemical role of L-tyrosine, as contained in protein. It added that, on the basis of the evidence submitted, it could not provide a quantitative indication of the necessary daily intake of L-tyrosine per se to produce the beneficial physiological effect. Therefore, it is not possible to establish specific conditions for the use of this claim to ensure that L-tyrosine is contained in the final product in a quantity that will produce the beneficial physiological effect in accordance with point (i) of Article 5(1)(b) of Regulation (EC) No 1924/2006. In the absence of such specific conditions of use, the beneficial effect of the substance to which the claim relates cannot be assured and thus this claim could be misleading to the consumer. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(8)
Following an application from Pierre Fabre Dermo-Cosmétique, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the consumption of iron and maintenance of normal hair growth (Question No EFSA-Q-2012-00059) (4). The claim proposed by the applicant was worded as follows: ‘Excessive hair loss in non-menopausal women’.
(9)
On 15 March 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the intake of iron and maintenance of normal hair growth. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(10)
Following an application from Biocodex, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the consumption of citrulline-malate and faster recovery from muscle fatigue after exercise (Question No EFSA-Q-2011-00931) (5). The claim proposed by the applicant was worded as follows: ‘Maintenance of adenosine triphosphate (ATP) levels through reduction of lactates in excess for recovery from muscle fatigue’.
(11)
On 11 May 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of citrulline-malate and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(12)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Eff EXT™ and maintenance of normal joint mobility (Question No EFSA-Q-2012-00384) (6). The claim proposed by the applicant was worded, inter alia, as follows: ‘Contributes to support joint flexibility’.
(13)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Eff EXT™ and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(14)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of krill oil and maintenance of joint comfort (Question No EFSA-Q-2012-00385) (7). The claim proposed by the applicant was worded, inter alia, as follows: ‘Helps to improve the comfort of sensitive joints’.
(15)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of krill oil and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(16)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Vitis vinifera L. seeds extract and normal venous blood flow (Question No EFSA-Q-2012-00387) (8). The claim proposed by the applicant was worded, inter alia, as follows: ‘Contributes to promote venous circulation in the legs’.
(17)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Vitis vinifera L. seeds extract and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(18)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Vitis vinifera L. seeds extract and ‘Helps to decrease swollen legs’ (Question No EFSA-Q-2012-00388) (9). The claim proposed by the applicant was worded, inter alia, as follows: ‘Helps to decrease swollen legs’.
(19)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which noted that the claim refers to the reduction of peripheral oedema in the context of chronic clinical conditions (e.g. chronic venous insufficiency) and concluded that on the basis of the data presented, such reduction of peripheral oedema in the context of chronic clinical conditions is a therapeutic target for their treatment.
(20)
Regulation (EC) No 1924/2006 complements the general principles of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (10). Article 2(1)(b) of Directive 2000/13/EC provides that the labelling shall not attribute to any foodstuff the property of preventing, treating or curing a human disease, or refer to such properties. Accordingly, as the attribution of medicinal properties to foods is prohibited, the claim related to the effects of Vitis vinifera L. seeds extract and ‘Helps to decrease swollen legs’ should not be authorised.
(21)
Following an application from Roxlor Nutra LLC, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Cynatine® and maintenance of normal joint mobility (Question No EFSA-Q-2012-00570) (11). The claim proposed by the applicant was worded, inter alia, as follows: ‘Daily consumption of 500 mg of Cynatine® helps to support joint flexibility’.
(22)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Cynatine® and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(23)
Following an application from Actina, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of OXY 280 and reduction of body weight (Question No EFSA-Q-2012-00572) (12). The claim proposed by the applicant was worded, inter alia, as follows: ‘OXY 280 helps to lose weight’.
(24)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of OXY 280 and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(25)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of Vitis vinifera L. seeds extract and ‘Helps to drain the body in case of water accumulation’ (Question No EFSA-Q-2012-00574) (13). The claim proposed by the applicant was worded, inter alia, as follows: ‘Helps to drain the body in case of water accumulation’.
(26)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which noted that the claimed effect refers to the maintenance of normal venous blood flow. The Authority noted also that the same health relationship was already subject to its assessment in a previous opinion (14) with an unfavourable outcome and that the reference provided for the scientific substantiation of this claim was already considered in the previous opinion. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(27)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of a combination of Paullinia cupana Kunth (guarana) and Camellia sinensis (L.) Kuntze (green tea) extracts and reduction of body weight (Question No EFSA-Q-2012-00590) (15). The claim proposed by the applicant was worded, inter alia, as follows: ‘Helps to burn fat’.
(28)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of a combination of Paullinia cupana Kunth (guarana) and Camellia sinensis (L.) Kuntze (green tea) extracts and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(29)
Following an application from Nutrilinks Sarl, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of a combination of lycopene, vitamin E, lutein and selenium and ‘Helps to prepare and activate tanning’ (Question No EFSA-Q-2012-00593) (16). The claim proposed by the applicant was worded, inter alia, as follows: ‘Helps to prepare and activate tanning’.
(30)
On 14 December 2012, the Commission and the Member States received the scientific opinion from the Authority, which noted that the claimed effect refers to increasing the pigmentation of the skin (i.e. tanning) which may contribute to the protection of the skin against UV-induced damage. The Authority noted also that the same health relationship was already subject to its assessment in a previous opinion (17) with an unfavourable outcome and that the reference provided for the scientific substantiation of this claim was the same as in the previous opinion. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised.
(31)
The health claim related to the effects of Vitis vinifera L. seeds extract and ‘Helps to decrease swollen legs’ is a health claim that attributes medicinal properties to the food that is the subject of the claim, which is prohibited for foods.
(32)
The health claims related to OXY 280 and to the combination of Paullinia cupana Kunth (guarana) and Camellia sinensis (L.) Kuntze (green tea) extracts are health claims as referred to in point (c) of Article 13(1) of Regulation (EC) No 1924/2006 and are therefore subject to the transitional period laid down in Article 28(6) of that Regulation. However, as the applications were not made before 19 January 2008, the requirement provided for in point (b) of Article 28(6) of that Regulation is not fulfilled, and therefore those claims may not benefit from the transitional period provided for in that Article.
(33)
The other health claims subject to this Regulation, are health claims as referred to in point (a) of Article 13(1) of Regulation (EC) No 1924/2006, which are subject to the transitional period laid down in Article 28(5) of that Regulation until the adoption of the list of permitted health claims provided that they comply with that Regulation.
(34)
The list of permitted health claims has been established by Commission Regulation (EU) No 432/2012 (18) and is applicable since 14 December 2012. As regards claims referred to in Article 13(5) of Regulation (EC) No 1924/2006 for which the evaluation by the Authority or consideration by the Commission has not been completed by 14 December 2012 and which by virtue of this Regulation are not included in the list of permitted health claims, it is appropriate to provide for a transitional period during which they may still be used, in order to allow both food business operators and the competent national authorities to adapt to the prohibition of such claims.
(35)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,
HAS ADOPTED THIS REGULATION:
Article 1
1. The health claims listed in the Annex to this Regulation shall not be included in the Union list of permitted claims as provided for in Article 13(3) of Regulation (EC) No 1924/2006.
2. However, the health claims referred to in paragraph 1 used prior to the entry into force of this Regulation may continue to be used for a maximum period of six months after the entry into force of 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, 19 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 404, 30.12.2006, p. 9.
(2) EFSA Journal 2011; 9(7):2290.
(3) EFSA Journal 2011; 9(6):2270.
(4) EFSA Journal 2012; 10(3):2602.
(5) EFSA Journal 2012; 10(5):2699.
(6) EFSA Journal 2012; 10(12):3002.
(7) EFSA Journal 2012; 10(12):3003.
(8) EFSA Journal 2012; 10(12):2996.
(9) EFSA Journal 2012; 10(12):2997.
(10) OJ L 109, 6.5.2000, p. 29.
(11) EFSA Journal 2012; 10(12):3004.
(12) EFSA Journal 2012; 10(12):2999.
(13) EFSA Journal 2012; 10(12):2998.
(14) EFSA Journal 2012; 10(12):2996.
(15) EFSA Journal 2012; 10(12):3000.
(16) EFSA Journal 2012; 10(12):3001.
(17) EFSA Journal 2012; 10(9):2890.
(18) OJ L 136, 25.5.2012, p. 1.
ANNEX
Rejected health claims
Application — Relevant provisions of Regulation (EC) No 1924/2006
Nutrient, substance, food or food category
Claim
EFSA opinion reference
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
L-tyrosine
L-tyrosine is essential for the natural formation of dopamine
Q-2011-00319
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Iron
Excessive hair loss in non-menopausal women
Q-2012-00059
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Citrulline-malate
Maintenance of adenosine triphosphate (ATP) levels through reduction of lactates in excess for recovery from muscle fatigue
Q-2011-00931
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Eff EXT™
Contributes to support joint flexibility
Q-2012-00384
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Krill oil
Helps to improve the comfort of sensitive joints
Q-2012-00385
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Vitis vinifera L. seeds extract
Contributes to promote venous circulation in the legs
Q-2012-00387
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Vitis vinifera L. seeds extract
Helps to decrease swollen legs
Q-2012-00388
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Cynatine®
Daily consumption of 500 mg of Cynatine® helps to support joint flexibility
Q-2012-00570
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
OXY 280
OXY 280 helps to lose weight
Q-2012-00572
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
Vitis vinifera L. seeds extract
Helps to drain the body in case of water accumulation
Q-2012-00574
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
A combination of Paullinia cupana Kunth (guarana) and Camellia sinensis (L.) Kuntze (green tea) extracts
Helps to burn fat
Q-2012-00590
Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data
A combination of lycopene, vitamin E, lutein and selenium
Helps to prepare and activate tanning
Q-2012-00593 |
13.6.2014
EN
Official Journal of the European Union
L 174/28
COMMISSION REGULATION (EU) No 627/2014
of 12 June 2014
amending Regulation (EU) No 582/2011 for the purposes of adapting it to technical progress as regards particulate matter monitoring by the on-board diagnostic system
(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 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (1), and in particular Article 5(4) and Article 12(3) thereof,
Whereas:
(1)
Commission Regulation (EU) No 582/2011 (2) establishes the obligation of the Commission to conduct a review on the technical feasibility of monitoring, for compression ignition vehicles, the performance of the diesel particulate filter (DPF) against the threshold limits of the on-board diagnostic system (OTLs) set out in Table 1 of Annex X to that Regulation.
(2)
The Commission has conducted that review and concluded that the technology capable of monitoring the DPF performance against OTLs is available. However, it also results from that review that it is appropriate to defer the date of implementation of those DPF performance requirements in order to provide an adequate lead time to industry for ensuring the availability of the equipment in terms of mass production and its adaptation to the vehicles. It is therefore necessary to adapt Table 1 of Appendix 9 to Annex I to Regulation (EU) No 582/2011, in order to include the new date of implementation.
(3)
In addition, and in the case of positive ignition engines, Table 1 of Appendix 9 to Annex I to Regulation (EU) No 582/2011 should also be adapted by inserting a column referring to the requirement of monitoring the levels of carbon monoxide against the OTLs set out in Table 2 of Annex X to Regulation (EU) No 582/2011, as well as a column referring to the in-use performance requirements set out in points 6. to 6.5.5.1 of Annex X to that Regulation.
(4)
Regulation (EU) No 582/2011 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 582/2011 is amended as follows:
(1)
in Article 4, paragraph 8 is replaced by the following:
‘8. At the request of the manufacturer, until 31 December 2015 in the case of new types of vehicles or engines and until 31 December 2016 for all new vehicles sold, registered or put into service within the Union, alternative provisions for the monitoring of the DPF as set out in point 2.3.3.3 of Annex X may be used.’;
(2)
Annex I is amended in accordance with the Annex to this Regulation.
Article 2
Type-approvals granted to compression ignition engines and vehicles in accordance with Character B in Table 1 of Appendix 9 to Annex I before the date of application of this Regulation, shall remain valid after that date.
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, 12 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 188, 18.7.2009, p. 1.
(2) Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council (OJ L 167, 25.6.2011, p. 1).
ANNEX
Table 1 of Appendix 9 of Annex I to Regulation (EU) No 582/2011 is replaced by the following:
‘Table 1
Character
NOx OTL (1)
PM OTL (2)
CO OTL (6)
IUPR
Reagent quality and consumption
Implementation dates: new types
Implementation dates: all vehicles
Last date of registration
A
Row “phase-in period” of Table 1 or Table 2
Performance monitoring (3)
Phase-in (7)
Phase in (4)
31.12.2012
31.12.2013
31.8.2015 (9)
30.12.2016 (10)
B (11)
Row “phase-in period” of Table 2
Row “phase-in period” of Table 2
Phase-in (7)
Phase in (4)
1.9.2014
1.9.2015
30.12.2016
C
Row “general requirements” of Table 1 or Table 2
Row “general requirements” of Table 1
Row “general requirements” of Table 2
General (8)
General (5)
31.12.2015
31.12.2016
(1) “NOx OTL” monitoring requirements as set out in Table 1 and 2 of Annex X.
(2) “PM OTL” monitoring requirements as set out in Table 1 of Annex X.
(3) “Performance monitoring” requirements as set out in point 2.1.1 of Annex X.
(4) Reagent quality and consumption “phase-in” requirements as set out in points 7.1.1.1 and 8.4.1.1 of Annex XIII.
(5) Reagent quality and consumption “general” requirements as set out in points 7.1.1 and 8.4.1 of Annex XIII.
(6) “CO OTL” monitoring requirements as set out in Table 2 of Annex X.
(7) IUPR “Phase-in” requirements as set out in points 6.4.4, 6.5.5 and 6.5.5.1 of Annex X.
(8) IUPR “General” requirements as set out in Section 6 of Annex X.
(9) For positive-ignition engines and vehicles equipped with such engines.
(10) For compression-ignition engines and vehicles equipped with such engines.
(11) Only applicable to positive-ignition engines and vehicles equipped with such engines.’ |
24.12.2014
EN
Official Journal of the European Union
L 369/76
POLITICAL AND SECURITY COMMITTEE DECISION EUFOR RCA/6/2014
of 16 December 2014
on the appointment of the EU Force Commander for the European Union military operation in the Central African Republic (EUFOR RCA) and repealing Decision EUFOR RCA/1/2014
(2014/951/EU)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38 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 5 thereof,
Whereas:
(1)
Pursuant to Article 5 of Decision 2014/73/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for the European Union military operation in the Central African Republic (EUFOR RCA).
(2)
On 19 February 2014, the PSC adopted Decision EUFOR RCA/1/2014 (2) appointing Brigadier General Thierry LION as EU Force Commander for EUFOR RCA.
(3)
On 7 November 2014, the Council adopted Decision 2014/775/CFSP (3) extending the duration of EUFOR RCA until 15 March 2015.
(4)
On 14 November 2014, France proposed the appointment of Brigadier General Jean-Marc BACQUET as the new EU Force Commander for EUFOR RCA to succeed Brigadier General Thierry LION.
(5)
On 25 November 2014 the EU Military Committee recommended that the PSC appoint Brigadier General Jean-Marc BACQUET as EU Force Commander for EUFOR RCA.
(6)
Decision EUFOR RCA/1/2014 should therefore be repealed.
(7)
In accordance with Article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,
HAS ADOPTED THIS DECISION:
Article 1
Brigadier General Jean-Marc BACQUET is hereby appointed EU Force Commander for the European Union military operation in the Central African Republic (EUFOR RCA) as from 15 December 2014.
Article 2
Decision EUFOR RCA/1/2014 is hereby repealed.
Article 3
This Decision shall enter into force on 15 December 2014.
Done at Brussels, 16 December 2014.
For the Political and Security Committee
The Chairperson
W. STEVENS
(1) OJ L 40, 11.2.2014, p. 59.
(2) Political and Security Committee Decision EUFOR RCA/1/2014 of 19 February 2014 on the appointment of the EU Force Commander for the European Union military operation in the Central African Republic (OJ L 54, 22.2.2014, p. 18).
(3) 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) (OJ L 325, 8.11.2014, p. 17). |
12.12.2014
EN
Official Journal of the European Union
L 356/421
COMMISSION REGULATION (EU) No 1304/2014
of 26 November 2014
on the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU
(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, and in particular Article 6(1) thereof (1),
Whereas:
(1)
Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council (2) requires the European Railway Agency (the Agency) to ensure that the technical specifications for interoperability (TSIs) are adapted to technical progress, market trends and social requirements, and to propose to the Commission any amendments to the TSIs which it considers necessary.
(2)
By Decision C(2010) 2576 of 29 April 2010, the Commission gave the Agency a mandate to develop and review the TSIs with a view to extending their scope to the whole rail system in the Union, and to carry out a study on the pertinence of merging the noise requirements for high-speed and conventional rolling stock (‘HS’ and ‘CR’ RST). The conclusion of the study ERA/REP/13-2011/INT was that one TSI should cover both CR and HS RST. In consequence, noise requirements for CR and HS RST should be merged.
(3)
Section 7.2 of the Annex to Commission Decision 2011/229/EU (3) provides for a comprehensive review and updating by the Agency of the TSI relating to noise based on which a report and, if necessary, a proposal should be submitted to the Commission.
(4)
On 3 September 2013 the Agency submitted recommendation ERA/REC/07-2013/REC on the adoption of the TSI relating to noise.
(5)
In order to adapt to technological progress and encourage modernisation, innovative solutions should be promoted and their implementation should, under certain conditions, be accepted. Where an innovative solution is proposed, the manufacturer or his authorised representative should state in what way it deviates from or how it complements the relevant provision of the TSI. The innovative solution should be assessed by the Commission. If this assessment is positive, the Agency should develop the appropriate functional and interface specifications of the innovative solution, as well as the relevant assessment methods.
(6)
In a mid-term, an analysis should be made with a view to reducing noise emitted by existing vehicles while taking into account the competitiveness of the rail sector. It concerns especially freight wagons and is important in order to increase acceptance of rail freight traffic among the citizens.
(7)
In accordance with Article 17(3) of Directive 2008/57/EC, Member States are to notify the Commission and the other Member States the conformity assessment and verification procedures to be used for specific cases as well as the bodies responsible for carrying out those procedures.
(8)
Rolling stock currently operates under existing national, bilateral, multilateral or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. The Member States should therefore notify such agreements to the Commission.
(9)
Decision 2011/229/EU should therefore be repealed.
(10)
Commission Decision 2008/232/EC (4) should be amended accordingly as regards the limits for stationary noise, the interior noise levels and the boundary characteristics linked to exterior noise.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the technical specification for interoperability (TSI) relating to the ‘rolling stock — noise’ subsystem of the rail system in the Union, as set out in the Annex.
Article 2
The TSI shall apply to the rolling stock which falls within the scope of Commission Regulation (EU) No 1302/2014 (5) and Commission Regulation (EU) No 321/2013 (6).
Article 3
Within six months of the entry into force of this Regulation, Member States shall notify the Commission of all agreements containing requirements relating to noise emission limits, provided they were not already notified under Commission Decisions 2006/66/EC (7) or 2011/229/EU.
The agreements to be notified shall be:
(a)
national agreements between the Member States and railway undertakings or infrastructure managers, agreed on either a permanent or a temporary basis and necessitated by the specific or local nature of the intended transport service;
(b)
bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities which deliver significant levels of local or regional interoperability;
(c)
international agreements between one or more Member States and at least one third country, or between railway undertakings or infrastructure managers of Member States and at least one railway undertaking or infrastructure manager of a third country which deliver significant levels of local or regional interoperability.
Article 4
The procedures for assessment of conformity, suitability for use and EC verification set out in Section 6 of the Annex to this Regulation shall be based on the modules defined in Commission Decision 2010/713/EU (8).
Article 5
1. With regard to the specific cases listed in Section 7.3.2 of the Annex, the conditions to be met for the verification of interoperability in accordance with Article 17(2) of Directive 2008/57/EC shall be the applicable technical rules in use in the Member State which authorises the placing in service of the subsystems covered by this Regulation.
2. Within six months of the entry into force of this Regulation, each Member State shall inform the Commission and the Member States about:
(a)
the technical rules referred to in paragraph 1;
(b)
the conformity assessment and verification procedures to be carried out in application of the technical rules referred to in paragraph 1;
(c)
the bodies designated in accordance with Article 17(3) of Directive 2008/57/EC in order to carry out the conformity assessment and verification procedures with respect to the specific cases set out in Section 7.3.2 of the Annex to this Regulation.
Article 6
Compliance with the lower exposure action values set out in Article 3 of Directive 2003/10/EC of the European Parliament and of the Council (9) shall be ensured by compliance with the driver's cabin interior noise level, as set out in point 4.2.4 of the Annex to this Regulation as well as by appropriate operational conditions to be defined by the railway undertaking.
Article 7
1. In order to adapt to technological progress, innovative solutions may be proposed by the manufacturer or its authorised representative which do not comply with the specifications set out in the Annex and/or for which the assessment methods set out in the Annex cannot be applied.
2. Innovative solutions may be related to the rolling stock subsystem, its parts and its interoperability constituents.
3. Where an innovative solution is proposed, the manufacturer or his authorised representative established within the Union shall state in what way it deviates from or how it complements the relevant provisions of this TSI and shall submit the deviations to the Commission for analysis. The Commission may request the opinion of the Agency on the proposed innovative solution.
4. The Commission shall deliver an opinion on the proposed innovative solution. If this opinion is positive, the appropriate functional and interface specifications and the assessment method, which need to be included in the TSI in order to allow the use of this innovative solution, shall be developed by the Agency and subsequently integrated into the TSI during the revision process pursuant to Article 6 of Directive 2008/57/EC. If the opinion is negative, the proposed innovative solution shall not be used.
5. Pending the review of the TSI, a positive opinion delivered by the Commission shall be considered as an acceptable means of compliance with the essential requirements of Directive 2008/57/EC and may therefore be used for the assessment of the subsystem.
Article 8
The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2011/229/EU shall be considered valid:
—
for locomotives, EMUs, DMUs and coaches until the type or design certificate needs to be renewed as stated in Decision 2011/291/EU for cases where the latter decision was applied, or until 31 May 2017 for other cases,
—
for wagons until 13 April 2016.
The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2008/232/EC shall be considered valid until the type or design certificate needs to be renewed as stated in this Decision.
Article 9
1. Decision 2011/229/EU is repealed with effect from 1 January 2015.
2. In the Annex to Decision 2008/232/EC, points 4.2.6.5, 4.2.7.6 and 7.3.2.15 are deleted with effect from 1 January 2015.
3. The provisions referred to in paragraphs 1 and 2 shall however continue to apply in relation to projects authorised in accordance with the TSI annexed to those Decisions and, unless the applicant requests to apply this Regulation, to projects relating to new vehicles and to the renewal or upgrading of existing vehicles which are at an advanced stage of development, are the subject of a contract in force on the date of publication of this Regulation or cases referred to in Article 8 of this Regulation.
Article 10
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 2015. However, an authorisation for placing into service may be granted in application of the TSI as set out in the Annex to this Regulation, before 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 26 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 191, 18.7.2008, p. 1.
(2) Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (OJ L 220, 21.6.2004, p. 3).
(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).
(4) 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).
(5) Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the European Union (See page 228 of this Official Journal).
(6) Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1).
(7) Commission Decision 2006/66/EC of 23 December 2005 concerning the technical specification for interoperability relating to the subsystem rolling stock — noise of the trans-European conventional rail system (OJ L 37, 8.2.2006, p. 1).
(8) Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (OJ L 319, 4.12.2010, p. 1).
(9) Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 42, 15.2.2003, p. 38).
ANNEX
TABLE OF CONTENTS
1.
INTRODUCTION
1.1.
Technical scope
1.2.
Geographical scope
2.
DEFINITION OF THE SUBSYSTEM
3.
ESSENTIAL REQUIREMENTS
4.
CHARACTERISATION OF THE SUBSYSTEM
4.1.
Introduction
4.2.
Functional and technical specifications of the subsystems
4.2.1.
Limits for stationary noise
4.2.2.
Limits for starting noise
4.2.3.
Limits for pass-by noise
4.2.4.
Limits for the driver's cab interior noise
4.3.
Functional and technical specifications of the interfaces
4.4.
Operating rules
4.5.
Maintenance rules
4.6.
Professional qualifications
4.7.
Health and safety conditions
4.8.
European register of authorised types of vehicles
5.
INTEROPERABILITY CONSTITUENTS
6.
CONFORMITY ASSESSMENT AND EC VERIFICATION
6.1.
Interoperability constituents
6.2.
Subsystem rolling stock regarding noise emitted by rolling stock
6.2.1.
Modules
6.2.2.
EC verification procedures
6.2.3.
Simplified evaluation
7.
IMPLEMENTATION
7.1.
Application of this TSI to new subsystems
7.2.
Application of this TSI to renewed and upgraded subsystems
7.3.
Specific cases
7.3.1.
Introduction
7.3.2.
List of specific cases
1. INTRODUCTION
In general Technical Specifications for Interoperability (TSI) lay down for each subsystem (or part of it) the optimal level of harmonised specifications in order to ensure the interoperability of the rail system. Therefore TSIs harmonise only the specifications concerning parameters which are critical to interoperability (basic parameters). The specifications of the TSIs must meet the essential requirements as set out in Annex III of Directive 2008/57/EC.
In line with the proportionality principle this TSI sets out the optimal level of harmonisation related to specifications on the rolling stock subsystem as defined in Section 1.1 intended to limit the noise emission of the rail system within the Union.
1.1. Technical scope
This TSI applies to all rolling stock within the scope of Regulation (EU) No 1302/2014 (LOC&PAS TSI) and Regulation (EU) No 321/2013 (WAG TSI).
1.2. Geographical scope
The geographical scope of this TSI corresponds to the scopes defined in Section 1.2 of Regulation (EU) No 1302/2014 and in Section 1.2 of Regulation (EU) No 321/2013, each for their rolling stock (RST) concerned.
2. DEFINITION OF THE SUBSYSTEM
A ‘unit’ means the rolling stock which is subject to the application of this TSI, and therefore subject to the ‘EC’ verification procedure. Chapter 2 of Regulation (EU) No 1302/2014 and Chapter 2 of Regulation (EU) No 321/2013 describe what a unit can consist of.
The requirements of this TSI apply to the following categories of rolling stock set out in Section 1.2 in Annex I of Directive 2008/57/EC:
(a)
Self-propelling thermal or electric trains. This category is further defined in Chapter 2 of Regulation (EU) No 1302/2014 and shall be referred to in this TSI as multiple units, EMU (electrified) or DMU (diesel).
(b)
Thermal or electric traction units. This category is further defined in Chapter 2 of Regulation (EU) No 1302/2014 and shall be referred to in this TSI as locomotives. Power units that form part of a ‘self-propelling thermal or electric train’ and railcars are not included in this category and belong to the category under point (a).
(c)
Passenger carriages and other related cars. This category is further defined in Chapter 2 of Regulation (EU) No 1302/2014 and shall be referred to in this TSI as coaches.
(d)
Freight wagons, including vehicles designed to carry lorries. This category is further defined in Chapter 2 of Regulation (EU) No 321/2013 and shall be referred to in this TSI as wagons.
(e)
Mobile railway infrastructure construction and maintenance equipment. This category is further defined in Chapter 2 of Regulation (EU) No 1302/2014 and consists of on-track machines (referred to in this TSI as OTMs) and infrastructure inspection vehicles, which belong to the categories in points (a), (b) or (d) depending on their design.
3. ESSENTIAL REQUIREMENTS
All basic parameters set out in this TSI must be linked with at least one of the essential requirements as set out in Annex III of Directive 2008/57/EC. Table 1 indicates the allocation.
Table 1
Basic parameters and their link to the essential requirements
Point
Basic parameter
Essential requirements
Safety
Reliability availability
Health
Environm. protection
Technical compat.
4.2.1
Limits for stationary noise
1.4.4
4.2.2
Limits for starting noise
1.4.4
4.2.3
Limits for pass-by noise
1.4.4
4.2.4
Limits for driver's cab interior noise
1.4.4
4. CHARACTERISATION OF THE SUBSYSTEM
4.1. Introduction
This Chapter sets out the optimal level of harmonisation related to specifications on the rolling stock subsystem intended to limit the noise emission of the Union rail system and to achieve interoperability.
4.2. Functional and technical specifications of the subsystems
The following parameters have been identified as critical for the interoperability (basic parameters):
(a)
‘stationary noise’;
(b)
‘starting noise’;
(c)
‘pass-by noise’;
(d)
‘driver's cab interior noise’.
The corresponding functional and technical specifications allocated to the different categories of rolling stock are set out in this section. In case of units equipped with both thermal and electric power the relevant limit values under all normal operation modes shall be respected. If one of these operation modes foresees the use of both thermal and electric power at the same time the less restrictive limit value applies. In accordance with Articles 5(5) and 2(l) of Directive 2008/57/EC, provision may be made for specific cases. Such provisions are indicated in Section 7.3.
The assessment procedures for the requirements in this section are defined in the indicated points and sub points of Chapter 6.
4.2.1. Limits for stationary noise
The limit values for the following sound pressure levels under normal vehicle conditions concerning the stationary noise allocated to the categories of the rolling stock subsystem are set out in Table 2:
(a)
the A-weighted equivalent continuous sound pressure level of the unit (LpAeq,T[unit]);
(b)
the A-weighted equivalent continuous sound pressure level at the nearest measuring position i considering the main air compressor (Li pAeq,T); and
(c)
the AF-weighted sound pressure level at the nearest measuring position i considering impulsive noise of the exhaust valve of the air dryer (Li pAFmax).
The limit values are defined at a distance of 7,5 m from the centre of the track and 1,2 m above top of rail.
Table 2
Limit values for stationary noise
Category of the rolling stock subsystem
LpAeq,T [unit] [dB]
Li pAeq,T [dB]
Li pAFmax [dB]
Electric locomotives and OTMs with electric traction
Diesel locomotives and OTMs with diesel traction
EMUs
DMUs
Coaches
Wagons
n.a.
n.a.
The demonstration of conformity is described in point 6.2.2.1.
4.2.2. Limits for starting noise
The limit values for the AF-weighted maximum sound pressure level (LpAF,max) concerning the starting noise allocated to the categories of the rolling stock subsystem are set out in Table 3. The limit values are defined at a distance of 7,5 m from the centre of the track and 1,2 m above top of rail.
Table 3
Limit values for starting noise
Category of the rolling stock subsystem
LpAF,max [dB]
Electric locomotives with total tractive power P 4 500 kW
Electric locomotives with total tractive power P ≥ 4 500 kW
OTMs with electric traction
Diesel locomotives P 2 000 kW at the engine output shaft
Diesel locomotives P ≥ 2 000 kW at the engine output shaft
OTMs with diesel traction
EMUs with a maximum speed vmax 250 km/h
EMUs with a maximum speed vmax ≥ 250 km/h
DMUs P 560 kW/engine at the engine output shaft
DMUs P ≥ 560 kW/engine at the engine output shaft
The demonstration of conformity is described in point 6.2.2.2.
4.2.3. Limits for pass-by noise
The limit values for the A-weighted equivalent continuous sound pressure level at a speed of 80 km/h (LpAeq,Tp,(80 km/h)) and, if applicable, at 250 km/h (LpAeq,Tp,(250 km/h)) concerning the pass-by noise allocated to the categories of the rolling stock subsystem are set out in Table 4. The limit values are defined at a distance of 7,5 m from the centre of the track and 1,2 m above top of rail.
Measurements at speeds higher than or equal to 250 km/h shall also be made at the ‘additional measurement position’ with a height of 3,5 m above top of rail in accordance with Chapter 6 of EN ISO 3095:2013 and assessed against the applicable limit values of Table 4.
Table 4
Limit values for pass-by noise
Category of the rolling stock subsystem
LpAeq,Tp (80 km/h) [dB]
LpAeq,Tp (250 km/h) [dB]
Electric locomotives and OTMs with electric traction
Diesel locomotives and OTMs with diesel traction
n.a.
EMUs
DMUs
Coaches
n.a.
Wagons (normalised to APL = 0,225) (*1)
n.a.
The demonstration of conformity is described in point 6.2.2.3.
4.2.4. Limits for the driver's cab interior noise
The limit values for the A-weighted equivalent continuous sound pressure level (LpAeq,T) concerning the noise within the driver's cab of electric and diesel locomotives, OTMs, EMUs, DMUs and coaches fitted with a cab are set out in Table 5. The limit values are defined in the vicinity of the driver's ear.
Table 5
Limit values for driver's cab interior noise
Noise within the driver's cab
LpAeq,T [dB]
At standstill with horns sounding
At maximum speed vmax if vmax 250 km/h
At maximum speed vmax if 250 km/h ≤ vmax 350 km/h
The demonstration of conformity is described in point 6.2.2.4.
4.3. Functional and technical specifications of the interfaces
This TSI has the following interfaces with the rolling stock subsystem:
Interface with subsystems of points (a), (b), (c) and (e) of Chapter 2 (dealt with in Regulation (EU) No 1302/2014) with regard to:
—
stationary noise,
—
starting noise (not applicable to coaches),
—
pass-by noise,
—
interior noise within the driver's cab, where applicable.
Interface with subsystems of point (d) of Chapter 2 (dealt with in Regulation (EU) No 321/2013) with regard to:
—
pass-by noise,
—
stationary noise.
4.4. Operating rules
Requirements concerning the operating rules for the subsystem rolling stock are set out in Section 4.4 of Regulation (EU) No 1302/2014 and in Section 4.4 of Regulation (EU) No 321/2013.
4.5. Maintenance rules
Requirements concerning the maintenance rules for the subsystem rolling stock are set out in Section 4.5 of Regulation (EU) No 1302/2014 and in Section 4.5 of Regulation (EU) No 321/2013.
4.6. Professional qualifications
Not applicable.
4.7. Health and safety conditions
See Article 6 of this Regulation.
4.8. European register of authorised types of vehicles
The data of the rolling stock that must be recorded in the ‘European register of authorised types of vehicles (ERATV)’ are set out in Decision 2011/665/EU.
5. INTEROPERABILITY CONSTITUENTS
There is no interoperability constituent specified in this TSI.
6. CONFORMITY ASSESSMENT AND EC VERIFICATION
6.1. Interoperability constituents
Not applicable.
6.2. Subsystem rolling stock regarding noise emitted by rolling stock
6.2.1. Modules
The EC verification shall be performed in accordance with the module(s) described in Table 6.
Table 6
Modules for EC verification of subsystems
SB
EC-Type Examination
SD
EC verification based on quality management system of the production process
SF
EC verification based on product verification
SH1
EC verification based on full quality management system plus design examination
These modules are specified in detail in Decision 2010/713/EU.
6.2.2. EC verification procedures
The applicant shall choose one of the following assessment procedures consisting of one or more modules for the EC verification of the subsystem:
—
(SB+SD),
—
(SB+SF),
—
(SH1).
Within the application of the chosen module or module combination the subsystem shall be assessed against the requirements defined in Section 4.2. If necessary, additional requirements concerning the assessment are given in the following points.
6.2.2.1. Stationary noise
The demonstration of conformity with the limit values on stationary noise as set out in point 4.2.1 shall be carried out in accordance with Sections 5.1, 5.2, 5.3, 5.4, 5.5 (without clause 5.5.2), 5.7 and clause 5.8.1 of EN ISO 3095:2013.
For the assessment of the main air compressor noise at the nearest measuring position i, the Li pAeq,T indicator shall be used with T representative of one operating cycle as defined in Section 5.7 of EN ISO 3095:2013. Only the train systems that are required for the air compressor to run under normal operating conditions shall be used for this. The train systems which are not needed for the operation of the compressor may be switched off to prevent contribution to the noise measurement. The demonstration of conformity with the limit values shall be carried out under the conditions solely necessary for operation of the main air compressor at the lowest rpm.
For the assessment of the impulsive noise sources at the nearest measuring position i, the Li pAFmax indicator shall be used. The relevant noise source is the exhaust from the valves of the air dryer.
6.2.2.2. Starting noise
The demonstration of conformity with the limit values on starting noise as set out in point 4.2.2 shall be carried out in accordance with Chapter 7 (without clause 7.5.1.2) of EN ISO 3095:2013. The maximum level method referring to Section 7.5 of EN ISO 3095:2013 shall apply. Deviating from clause 7.5.3 of EN ISO 3095:2013 the train shall accelerate from standstill up to 30 km/h and then maintain the speed.
In addition the noise shall be measured at a distance of 7,5 m from the centre of the track and a height of 1,2 m above top of rail. The ‘averaged level method’ and the ‘maximum level method’ in accordance with Section 7.6 and 7.5 respectively of EN ISO 3095:2013 shall apply and the train shall accelerate from standstill up to 40 km/h and then maintain the speed. The measured values are not assessed against any limit value and shall be recorded in the technical file and communicated to the Agency.
For OTMs the starting procedure shall be performed without additional trailer loads.
6.2.2.3. Pass-by noise
The demonstration of conformity with the limit values on pass-by noise as set out in point 4.2.3 shall be carried out in accordance with points 6.2.2.3.1 and 6.2.2.3.2.
6.2.2.3.1. Test track conditions
The tests shall be performed on a reference track as defined in Section 6.2 of EN ISO 3095:2013.
However, it is permitted to carry out the test on a track that does not comply with the reference track conditions in terms of acoustic rail roughness level and track decay rates as long as the noise levels measured in accordance with point 6.2.2.3.2 do not exceed the limit values set out in point 4.2.3.
The acoustic rail roughness and the decay rates of the test track shall be determined in any case. If the track on which the tests are performed does meet the reference track conditions, the measured noise levels shall be marked ‘comparable’, otherwise they shall be marked ‘non-comparable’. It shall be recorded in the technical file whether the measured noise levels are ‘comparable’ or ‘non-comparable’.
The measured acoustic rail roughness values of the test track remain valid during a period starting 3 months before and ending 3 months after this measurement, provided that during this period no track maintenance has been performed which influences the rail acoustic roughness.
The measured track decay rate values of the test track shall remain valid during a period starting 1 year before and ending 1 year after this measurement, provided that during this period no track maintenance has been performed which influences the track decay rates.
Confirmation shall be provided in the technical file that the track data related to the type's pass-by noise measurement were valid during the day(s) of testing, e.g. by providing the date of last maintenance having an impact on noise.
Furthermore, it is permitted to carry out tests at speeds equal to or higher than 250 km/h on slab tracks. In this case the limit values shall be 2 dB higher than those set out in point 4.2.3.
6.2.2.3.2. Procedure
The tests shall be carried out in accordance with the provision in Sections 6.1, 6.3, 6.4, 6.5, 6.6 and 6.7 (without 6.7.2) of EN ISO 3095:2013. Any comparison against limit values shall be carried out with results rounded to the nearest integer decibel. Any normalisation shall be performed before rounding. The detailed assessment procedure is set out in points 6.2.2.3.2.1, 6.2.2.3.2.2 and 6.2.2.3.2.3.
6.2.2.3.2.1. EMU, DMUs, locomotives and coaches
For EMU, DMUs, locomotives and coaches three classes of maximum operational speed are distinguished:
(1)
If the maximum operational speed of the unit is lower than or equal to 80 km/h, the pass-by noise shall be measured at its maximum speed vmax. This value shall not exceed the limit value LpAeq,Tp(80 km/h) as set out in point 4.2.3.
(2)
If the maximum operational speed vmax of the unit is higher than 80 km/h and lower than 250 km/h, the pass-by noise shall be measured at 80 km/h and at its maximum speed. Both measured pass-by noise values LpAeq,Tp(vtest) shall be normalised to the reference speed of 80 km/h LpAeq,Tp(80 km/h) using formula (1). The normalised value shall not exceed the limit value LpAeq,Tp(80 km/h) as set out in point 4.2.3.
Formula (1): LpAeq,Tp(80 km/h) = LpAeq,Tp(vtest) – 30 * log (vtest/80 km/h)
Vtest = Actual speed during the measurement
(3)
If the maximum operational speed vmax of the unit is equal to or higher than 250 km/h, the pass-by noise shall be measured at 80 km/h and at its maximum speed with an upper test speed limit of 320 km/h. The measured pass-by noise value LpAeq,Tp(vtest) at 80 km/h shall be normalised to the reference speed of 80 km/h LpAeq,Tp(80 km/h) using formula (1). The normalised value shall not exceed the limit value LpAeq,Tp(80 km/h) as set out in point 4.2.3. The measured pass-by noise value at maximum speed LpAeq,Tp(vtest) shall be normalised to the reference speed of 250 km/h LpAeq,Tp(250 km/h) using formula (2). The normalised value shall not exceed the limit value LpAeq,Tp(250 km/h) as set out in point 4.2.3.
Formula (2): LpAeq,Tp(250 km/h) = LpAeq,Tp(vtest) – 50 * log(vtest/250 km/h)
Vtest = Actual speed during the measurement
6.2.2.3.2.2. Wagons
For wagons two classes of maximum operational speed are distinguished:
(1)
If the maximum operational speed vmax of the unit is lower than or equal to 80 km/h, the pass-by noise shall be measured at its maximum speed. The measured pass-by noise value LpAeq,Tp(vtest) shall be normalised to a reference APL of 0,225 m-1 LpAeq,Tp (APLref) using formula (3). This value shall not exceed the limit value LpAeq,Tp(80 km/h) as set out in point 4.2.3.
Formula (3): LpAeq,Tp (APLref) = LpAeq,Tp(vtest) – 10 * log(APLwag/0,225 m-1)
APLwag = Number of axles divided by the length over the buffers [m-1]
Vtest = Actual speed during the measurement
(2)
If the maximum operational speed vmax of the unit is higher than 80 km/h, the pass-by noise shall be measured at 80 km/h and at its maximum speed. Both measured pass-by noise values LpAeq,Tp(vtest) shall be normalised to the reference speed of 80 km/h and to a reference APL of 0,225 m-1 LpAeq,Tp(APL ref, 80 km/h) using formula (4). The normalised value shall not exceed the limit value LpAeq,Tp(80 km/h) as set out in point 4.2.3.
Formula (4): LpAeq,Tp (APLref, 80 km/h) = LpAeq,Tp(vtest) – 10 * log(APLwag/0,225 m-1) — 30 * log(vtest/80 km/h)
APLwag = Number of axles divided by the length over the buffers [m-1]
Vtest = Actual speed during the measurement
6.2.2.3.2.3. OTMs
For OTMs the same assessment procedure as set out in 6.2.2.3.2.1 applies. The measuring procedure shall be performed without additional trailer loads.
OTMs are deemed to comply with the pass-by noise level requirements in point 4.2.3 without measuring when they are:
—
solely braked by either composite brake blocks or disc brakes, and
—
equipped with composite scrubbers, if scrubber blocks are fitted.
6.2.2.4. Driver's cab interior noise
The demonstration of conformity with the limit values on the driver's cab interior noise as set out in point 4.2.4 shall be carried out in accordance with EN 15892:2011. For OTMs the measuring procedure shall be performed without additional trailer loads.
6.2.3. Simplified evaluation
Instead of the test procedures as set out in point 6.2.2, it is permitted to substitute some or all of the tests by a simplified evaluation. The simplified evaluation consists of acoustically comparing the unit under assessment to an existing type (further referred to as the reference type) with documented noise characteristics.
The simplified evaluation may be used for each of the applicable basic parameters ‘stationary noise’, ‘starting noise’, ‘pass-by noise’ and ‘driver's cab interior noise’ autonomously and shall consist of providing evidence that the effects of the differences of the unit under assessment do not result in exceeding the limit values set out in Section 4.2.
For the units under simplified evaluation, the proof of conformity shall include a detailed description of the noise relevant changes compared to the reference type. From this description, a simplified evaluation shall be performed. The estimated noise values shall include the uncertainties of the applied evaluation method. The simplified evaluation can either be a calculation and/or simplified measurement.
A unit certified on the basis of the simplified evaluation method shall not be used as a reference unit for a further evaluation.
If the simplified evaluation is applied for pass-by noise, the reference-type shall comply with at least one of the following:
—
Chapter 4 and for which the pass-by noise results are marked ‘comparable’
—
Chapter 4 of Decision 2011/229/EU and for which the pass-by noise results are marked ‘comparable’
—
Chapter 4 of Decision 2006/66/EC
—
Chapter 4 of Decision 2008/232/EC.
In case of a wagon whose parameters remain, compared to the reference type, within the permitted range of Table 7 it is deemed without further verification that the unit complies with the limit values on pass-by noise as set out in point 4.2.3.
Table 7
Permitted variation of wagons for the exemption from verification
Parameter
Permitted variation (compared to the reference unit)
Max. unit speed
Any speed up to 160 km/h
Type of wheel
Only if equally or less noisy (acoustic characterisation i. a. w. Annex E of EN 13979-1:2011)
Tare weight
Only within the range of +20 %/- 5 %
Brake block
Only if variation does not result in higher noise emission.
7. IMPLEMENTATION
7.1. Application of this TSI to new subsystems
See Article 8 of this Regulation.
7.2. Application of this TSI to renewed and upgraded subsystems
If a Member State considers that in accordance with Article 20(1) of Directive 2008/57/EC a new authorisation for placing in service is necessary, the applicant shall demonstrate that the noise levels of renewed or upgraded units remain below the limits set out in the TSI which was applicable when the unit in question was first authorised. If no TSI existed at the time of the first authorisation, it shall be demonstrated that the noise levels of renewed or upgraded units are either not increased or remain below the limits set out in Decision 2006/66/EC or Decision 2002/735/EC.
The demonstration shall be limited to the basic parameters affected by the renewal/upgrade.
If the simplified evaluation is applied, the original unit may represent the reference unit in accordance with the provisions of point 6.2.3.
The replacement of a whole unit or (a) vehicle(s) within a unit (e.g. a replacement after a severe damage) does not require a conformity assessment against this TSI, as long as the unit or the vehicle(s) are identical to the ones they replace.
If, during renewal or upgrading of a wagon, a wagon is being equipped with composite brake blocks and no noise sources are added to the wagon under assessment, then it shall be assumed that the requirements of point 4.2.3 are met without further testing.
7.3. Specific cases
7.3.1. Introduction
The specific cases, as listed in point 7.3.2, are classified as
(a) ‘P’ cases: ‘permanent’ cases;
(b) ‘T’ cases: ‘temporary’ cases.
7.3.2. List of specific cases
7.3.2.1. General specific case
Specific case Estonia, Finland, Latvia and Lithuania
(‘P’) For units from third countries with 1 520mm wheel set gauge the application of national technical rules instead of the requirements in this TSI is permitted.
7.3.2.2. Limits for stationary noise (point 4.2.1)
(a)
Specific case Finland
(‘T’) For coaches and wagons equipped with a diesel generator for electrical power supply higher than 100 kW and intended to operate solely on the railway network of Finland the limit value for stationary noise LpAeq,T [unit] in Table 2 may be raised up to 72 dB.
Decision 2011/229/EU may continue to be applied for freight wagons to be used only on the territory of Finland and until the relevant technical solution in relation to Nordic winter conditions is found, but in any case not later than until 31 December 2017. This shall not prevent freight wagons from other Member States to operate on the Finnish network.
(b)
Specific case UK for Great Britain
(‘P’) For DMUs intended to operate solely on the railway network of Great Britain the limit value for stationary noise LpAeq,T [unit] in Table 2 may be raised up to 77 dB.
This specific case does not apply to DMUs intended to operate solely on the High Speed 1 railway network.
(c)
Specific case UK for Great Britain
(‘T’) For units intended to operate solely on the railway network of Great Britain the limit values Li pAeq,T in Table 2 considering the main air compressor do not apply. The measured values shall be submitted to the NSA UK.
This specific case does not apply to units intended to operate solely on the High Speed 1 railway network.
7.3.2.3. Limits for starting noise (point 4.2.2)
(a)
Specific case Sweden
(‘T’) For locomotives with total tractive power of more than 6 000 kW and a maximum axle load of more than 25 t the limit values for starting noise LpAF,max in Table 3 may be raised up to 89 dB.
(b)
Specific case UK for Great Britain
(‘P’) For units specified in Table 8 intended to operate solely on the railway network of Great Britain the limit value for starting noise LpAF,max in Table 3 may be raised up to the values set out in Table 8.
Table 8
Limit values for starting noise regarding a specific case UK for Great Britain
Category of the rolling stock subsystem
LpAF,max [dB]
Electric locomotives with total tractive power P 4 500 kW
Diesel locomotives P 2 000 kW at the engine output shaft
DMUs
This specific case does not apply to units intended to operate solely on the High Speed 1 railway network.
7.3.2.4. Limits for pass-by noise (point 4.2.3)
(a)
Specific case Sweden
(‘T’) For locomotives with total tractive power of more than 6 000 kW and a maximum axle load of more than 25 t the limit values for pass-by noise LpAeq,Tp (80 km/h) in Table 4 may be raised up to 85 dB.
(*1) APL: the number of axles divided by the length over the buffers (m-1)
Appendix A
Open points
This TSI does not contain any open points
Appendix B
Standards referred to in this TSI
TSI
Standard
Characteristics to be assessed
References to mandatory standards
Chapter
Stationary noise
4.2.1
—
—
6.2.2.1
EN ISO 3095:2013
Starting noise
4.2.2
—
—
6.2.2.2
EN ISO 3095:2013
Pass-by noise
4.2.3
EN ISO 3095:2013
6.2.2.3
EN ISO 3095:2013
Driver's cab interior noise
4.2.4
—
—
6.2.2.4
EN 15892:2011
all
Simplified evaluation
6.2.3
EN 13979-1:2011
Annex E
Appendix C
Assessment of the rolling stock subsystem
Characteristics to be assessed, as specified in Section 4.2
Particular assessment procedure
Design review
Type Test
Routine Test
Element of the rolling stock sub-system
Point
Point
Stationary noise
4.2.1
X (*1)
X
n.a.
6.2.2.1
Starting noise
4.2.2
X (*1)
X
n.a.
6.2.2.2
Pass-by noise
4.2.3
X (*1)
X
n.a.
6.2.2.3
Driver's cab interior noise
4.2.4
X (*1)
X
n.a.
6.2.2.4
(*1) Only if the simplified evaluation in accordance with point 6.2.3 is applied. |
16.7.2014
EN
Official Journal of the European Union
L 209/9
COMMISSION IMPLEMENTING REGULATION (EU) No 766/2014
of 11 July 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 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 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, 11 July 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 product presented in liquid form and put up for retail sale in bottles containing 200 ml, 500 ml or 1 000 ml.
The product consists of:
—
sodium chloride (0,9 %),
—
sterile water.
Each bottle is equipped with an ergonomic eye cup, a dust cap and it is for a single use.
According to the label, the product is used to rinse eyes in case of an emergency in order to remove foreign bodies and chemicals.
3307 90 00
Classification is determined by the general rules 1 and 6 for the interpretation of the Combined Nomenclature (GIR), note 2 to Section VI, note 3 to Chapter 33 and the wording of CN codes 3307 and 3307 90 00.
As the product is put up in packings of a kind sold by retail, suitable for use as a cosmetic or toilet preparation, it is considered to be a cosmetic or toilet preparation. Its classification in Chapter 25 or Chapter 30 is therefore excluded (see note 2(d) to Chapter 25 and note 1(e) to Chapter 30).
The product is therefore to be classified under heading 3307 as other cosmetic or toilet preparations not elsewhere specified or included.
2.
A product presented in liquid form and put up for retail sale in bottles containing 200 ml or 1 000 ml.
The product consists of:
—
disodium phosphate (1-5 %),
—
potassium phosphate (1 %),
—
sterile water.
Each bottle is equipped with an ergonomic eye cup, a dust cap and it is for a single use.
According to the label, the product is used to rinse eyes in case of an emergency in order to neutralise acids and alkalis from the eyes.
3307 90 00
Classification is determined by the GIR 1 and 6, note 2 to Section VI, note 3 to Chapter 33 and the wording of CN codes 3307 and 3307 90 00.
As the product is not a separate chemically defined compound, its classification in heading 2835 as phosphates is excluded (see note 1 to Chapter 28).
As the product is put up in packings of a kind sold by retail, suitable for use as a cosmetic or toilet preparation, it is considered to be a cosmetic or toilet preparation. Its classification in Chapter 30 is therefore excluded (see note 1(e) to Chapter 30).
The product is therefore to be classified under heading 3307 as other cosmetic or toilet preparations not elsewhere specified or included. |
29.8.2014
EN
Official Journal of the European Union
L 258/4
COMMISSION IMPLEMENTING REGULATION (EU) No 930/2014
of 28 August 2014
amending for the 218th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(1) thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 20 August 2014 the Sanctions Committee of the United Nations Security Council (UNSC) decided to add one natural person to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.
(3)
Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.
(4)
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
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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 August 2014.
For the Commission,
On behalf of the President,
Head of the Service for Foreign Policy Instruments
(1) OJ L 139, 29.5.2002, p. 9.
ANNEX
In Annex I to Regulation (EC) No 881/2002, the following entry shall be added under the heading ‘Natural persons’:
‘Qari Rahmat (alias Kari Rahmat). Date of birth: (a) 1981 (b) 1982. Place of birth: Shadal (variant Shadaal) Bazaar, Achin District, Nangarhar Province, Afghanistan. Address: (a) Kamkai Village, Achin District, Nangarhar Province, Afghanistan (b) Nangarhar Province, Afghanistan. Date of designation referred to in Article 2a(4)(b): 20.8.2014.’ |
8.2.2014
EN
Official Journal of the European Union
L 39/59
COUNCIL DECISION
of 28 January 2014
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Latvijas Banka
(2014/68/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,
Having regard to Recommendation ECB/2013/42 of the European Central Bank of 15 November 2013 to the Council of the European Union on the external auditors of the Latvijas Banka (1),
Whereas:
(1)
The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.
(2)
Pursuant to Article 1 of Council Decision 2013/387/EU (2), Latvia fulfils the necessary conditions for the adoption of the euro, and the derogation in favour of Latvia referred to in Article 4 of the 2003 Act of Accession (3) is abrogated with effect from 1 January 2014.
(3)
The Governing Council of the ECB recommended that SIA Ernst & Young Baltic be appointed as the external auditors of the Latvijas Banka for the financial year 2014.
(4)
It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (4) accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following paragraph is added to Article 1 of Decision 1999/70/EC:
‘18. SIA Ernst & Young Baltic are hereby approved as the external auditors of the Latvijas Banka for the financial year 2014.’.
Article 2
This Decision shall take effect on the day of its notification.
Article 3
This Decision is addressed to the European Central Bank.
Done at Brussels, 28 January 2014.
For the Council
The President
G. STOURNARAS
(1) OJ C 342, 22.11.2013, p. 1.
(2) Council Decision 2013/387/EU of 9 July 2013 on the adoption by Latvia of the euro on 1 January 2014 (OJ L 195, 18.7.2013, p. 24).
(3) OJ L 236, 23.9.2003, p. 33.
(4) Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69). |
16.4.2014
EN
Official Journal of the European Union
L 113/27
COUNCIL DECISION 2014/220/CFSP
of 15 April 2014
amending Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
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 the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 17 January 2013, the Council adopted Decision 2013/34/CFSP (1) on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali).
(2)
On 18 February 2013, the Council adopted Decision 2013/87/CFSP (2) on the launch of EUTM Mali.
(3)
On 17 December 2013, the Political and Security Committee recommended that the mandate of EUTM Mali be extended for a period of two years, until 18 May 2016.
(4)
It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EUTM Mali for the period from 19 May 2014 to 18 May 2016.
(5)
Decision 2013/34/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2013/34/CFSP is amended as follows:
(1)
in Article 10, paragraph 2 is replaced by the following:
‘2. The financial reference amount for the common costs of EUTM Mali for the period from 19 May 2014 to 18 May 2016 shall be EUR 27 700 000. The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP shall be 0 %.’.
(2)
in Article 12, paragraph 2 is replaced by the following:
‘2. The mandate of EUTM Mali shall end on 18 May 2016.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 15 April 2014.
For the Council
The President
C. ASHTON
(1) Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 14, 18.1.2013, p. 19).
(2) Council Decision 2013/87/CFSP of 18 February 2013 on the launch of a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 46, 19.2.2013, p. 27). |
28.8.2014
EN
Official Journal of the European Union
L 254/2
COMMISSION IMPLEMENTING REGULATION (EU) No 926/2014
of 27 August 2014
laying down implementing technical standards with regard to standard forms, templates and procedures for notifications relating to the exercise of the right of establishment and the freedom to provide services according to Directive 2013/36/EU of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (1), and in particular Article 35(6), Article 36(6) and Article 39(5) thereof,
Whereas:
(1)
For the purposes of having standard forms, templates and procedures for the notifications to exercise the right of establishment and the freedom to provide services, it is necessary to define some technical terms in order to make a clear distinction between the branch notifications, services notifications, notifications resulting from changes in the particulars of branch notifications and those related to a planned termination of a branch's operation.
(2)
The establishment of standard procedures covering the language and means of communication of passport notifications from credit institutions to competent authorities of home and host Member States facilitates the exercise of the right of establishment and the freedom to provide services and the efficiency of the performance of the respective tasks and responsibilities of the competent authorities of home and host Member States.
(3)
Technical standards should require competent authorities of home Member States to assess the accuracy and completeness of the submitted passport notifications so as to clarify the respective responsibilities of the competent authorities of home and host Member States and ensure the quality of the passport notifications submitted by credit institutions.
(4)
Competent authorities of home Member States should indicate to the credit institutions the particular aspects in which passport notifications are assessed to be incomplete or incorrect to facilitate the process of identification, communication and submission of the missing or incorrect elements.
(5)
In order to ensure transparency and timely assessment of submitted passport notifications it is necessary to determine without ambiguity the commencement of the three-month period referred to in Article 35(3) of Directive 2013/36/EU so that the competent authorities of home Member States should make a decision on the adequacy of the administrative structure and the financial situation of the credit institution and communicate the passport notification to the competent authority of host Member States. It is also necessary to determine without ambiguity the commencement of the periods referred to in Article 36(3) and Article 39(2) of Directive 2013/36/EU given to competent authorities of home and host Member States to make their respective decisions and to communicate the relevant information to each other or to credit institutions.
(6)
Acknowledgement of receipt of the transmitted branch passport notifications by competent authorities of host Member States is necessary to clarify the date of receipt of the relevant notification, the time period available to competent authorities of host Member States to be prepared for supervising credit institutions and indicate to them any conditions under which, in the interests of the general good, their activities may have to be carried out and the exact date on which the credit institutions will be in a position to establish their branches and commence their activities in the territory of the host Member State.
(7)
In order to ensure transparency in the conditions under which, in the interest of the general good, activities may have to be carried out in host Member States, competent authorities of host Member States should inform competent authorities of home Member States of those conditions which impose restrictions on the activities carried out by branches of credit institutions in the territory of host Member States.
(8)
The procedures for change in branch particulars notification should also cover the specific case of a planned termination of the operation of the branch as this is considered a major change in branch's operations which needs to be notified to competent authorities of home and host Member States.
(9)
The provisions in this Regulation are closely linked, since they deal with notifications related to the exercise of the right of establishment and the freedom to provide services. To ensure coherence between those provisions, which should enter into force at the same time, and to facilitate a comprehensive view and compact access to them by persons subject to those obligations, it is desirable to include certain regulatory technical standards required by Directive 2013/36/EU in a single Regulation.
(10)
This Regulation is based on the draft implementing technical standards submitted by the European Supervisory Authority (European Banking Authority) (EBA) to the Commission.
(11)
EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (2),
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the standard forms, templates and procedures for the notifications to exercise the right of establishment and the freedom to provide services pursuant to Article 35(6), Article 36(6) and Article 39(5) of Directive 2013/36/EU.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1)
‘branch passport notification’ means a notification made in accordance with Article 35(1) of Directive 2013/36/EU by a credit institution wishing to establish a branch within the territory of another Member State to the competent authorities of its home Member State;
(2)
‘change in branch particulars notification’ means a notification made in accordance with Article 36(3) of Directive 2013/36/EU by a credit institution to the competent authorities of the home and host Member States of a change in the particulars communicated pursuant to Article 35(2)(b), (c) or (d) of that Directive;
(3)
‘services passport notification’ means a notification made in accordance with Article 39(1) of Directive 2013/36/EU by a credit institution wishing to exercise the freedom to provide services by carrying out its activities within the territory of another Member State for the first time to the competent authorities of its home Member State;
(4)
‘passport notifications’ means a branch passport notification, a change in branch particulars notification or a services passport notification.
Article 3
General requirements for passport notifications
1. Passport notifications submitted under this Regulation shall comply with the following requirements:
(a)
they shall be in writing in a language accepted by the competent authorities of the home Member State and in a language accepted by the competent authorities of the host Member State, or in any Union language accepted by both the competent authorities of the home and host Member States;
(b)
they shall be transmitted by post, or by electronic means where these are accepted by the relevant competent authorities.
2. The competent authorities shall make the following information publicly available:
(a)
the languages accepted in accordance with paragraph 1(a);
(b)
the address to which passport notifications are to be sent where submitted by post;
(c)
any electronic means by which passport notifications may be submitted and any relevant contact details.
CHAPTER II
PROCEDURES FOR BRANCH PASSPORT NOTIFICATION
Article 4
Submission of the branch passport notification
Credit institutions shall use the form laid down in Annex I to submit a branch passport notification to the competent authorities of the home Member State.
Article 5
Assessment of completeness and accuracy of the branch passport notification
1. On receipt of a branch passport notification the competent authorities of the home Member State shall assess the completeness and accuracy of the information provided.
2. Competent authorities of the home Member State shall treat the three-month period referred to in Article 35(3) of Directive 2013/36/EU as having commenced on the date of receipt of the branch passport notification containing information that is assessed to be complete and correct.
3. Where the information provided in the branch passport notification is assessed to be incomplete or incorrect, the competent authorities of the home Member State shall inform the credit institution without delay, indicating in which respect the information is assessed to be incomplete or incorrect.
Article 6
Communication of the branch passport notification
1. The competent authorities of the home Member State shall use the form laid down in Annex II to communicate a branch passport notification to the competent authorities of the host Member State together with a copy of the branch passport notification and with the latest available information on own funds using the form laid down in Annex III.
2. The competent authorities of the host Member State shall acknowledge receipt of the branch passport notification to the competent authorities of the home Member State without delay, stating the date on which the branch passport notification was received.
3. Following the acknowledgement of receipt from the competent authorities of the host Member State, the competent authorities of the home Member State shall inform the credit institution without delay of the following:
(a)
the communication of the branch passport notification to the competent authorities of the host Member State;
(b)
the date of receipt of the branch passport notification by the competent authorities of the host Member State.
Article 7
Communication of conditions in the interest of the general good
1. The competent authorities of the host Member State shall communicate in writing to the credit institution any conditions referred to in Article 36(1) of Directive 2013/36/EU under which, in the interest of the general good, activities may have to be carried out in the territory of the host Member State.
2. Where the conditions referred to in paragraph 1 impose restrictions on the activities of the branch, the competent authorities of the host Member State shall also communicate those conditions in writing to the competent authorities of the home Member State.
CHAPTER III
PROCEDURES FOR A CHANGE IN BRANCH PARTICULARS NOTIFICATION
Article 8
Submission of a change in branch particulars notification
1. Credit institutions shall use the form laid down in Annex I to notify a change in branch particulars notification to the competent authorities of the home and host Member States except where the change concerns a planned termination of the operation of the branch.
2. Credit institutions shall use the form laid down in Annex IV to notify a change in branch particulars notification to the competent authorities of the home and host Member States where the change concerns a planned termination of the operation of the branch.
Article 9
Assessment of completeness and accuracy of the notification
1. On receipt of a change in branch particulars notification the competent authorities of the home Member State shall assess the completeness and accuracy of the information provided.
2. Competent authorities of the home and host Member States shall treat the one-month period referred to in Article 36(3) of Directive 2013/36/EU as having commenced on the date of receipt of the change in branch particulars notification containing information that is assessed to be complete and correct. The competent authorities of the home and host Member States shall cooperate in order to take the decisions referred to in Article 36(3) of Directive 2013/36/EU within the period referred to therein.
3. Where the information provided in the change in branch particulars notification is assessed to be incomplete or incorrect, the competent authorities of the home Member State shall inform the credit institution without delay, indicating in which respect the information is assessed to be incomplete or incorrect.
Article 10
Communication of the decisions taken following the notification
1. The competent authorities of the home Member State shall communicate their decision referred to in Article 36(3) of Directive 2013/36/EU in writing to the credit institution and to the competent authorities of the host Member State.
2. The competent authorities of the host Member State shall communicate their decision referred to in Article 36(3) of Directive 2013/36/EU in writing to the credit institution.
3. Where the decision referred to in paragraph 2 sets out conditions which impose restrictions on the activities of the branch, the competent authorities of the host Member State shall also communicate those conditions in writing to the competent authorities of the home Member State.
CHAPTER IV
PROCEDURES FOR SERVICES PASSPORT NOTIFICATION
Article 11
Submission of the services passport notification
Credit institutions shall use the form laid down in Annex V to submit a services passport notification to the competent authorities of the home Member State.
Article 12
Assessment of completeness and accuracy of the services passport notification
1. On receipt of a services passport notification the competent authorities of the home Member State shall assess the completeness and accuracy of the information provided.
2. Competent authorities of the home Member State shall treat the one-month period referred to in Article 39(2) of Directive 2013/36/EU as having commenced on the date of receipt of the services passport notification containing information that is assessed to be complete and correct.
3. Where the information provided in the services passport notification is assessed to be incomplete or incorrect, the competent authorities of the home Member State shall inform the credit institution without delay, indicating in which respect the information is assessed to be incomplete or incorrect.
Article 13
Communication of the services passport notification
The competent authorities of the home Member State shall use the form laid down in Annex VI to communicate a services passport notification to the competent authorities of the host Member State.
CHAPTER V
FINAL PROVISIONS
Article 14
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, 27 August 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 176, 27.6.2013, p. 338.
(2) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
ANNEX I
Form for the submission of a branch passport notification or a change in a branch particulars notification
Where credit institutions notify changes in branch particular notifications to competent authorities of home and host Member States, credit institutions shall only complete the parts of the form which contain information that has changed.
1. Contact information
Type of notification
[Branch passport notification/change in branch particulars notification]
Host Member State in which the branch is to be established:
[to be completed by the credit institution]
Name and reference number of the credit institution:
[to be completed by the credit institution]
Address of the credit institution in the host Member State from which documents may be obtained:
[to be completed by the credit institution]
Intended principal place of business of the branch in the host Member State:
[to be completed by the credit institution]
Date on which the branch intends to commence its activities:
[to be completed by the credit institution]
Name of contact person at the branch:
[to be completed by the credit institution]
Telephone number:
[to be completed by the credit institution]
E-mail:
[to be completed by the credit institution]
2. Programme of operations
2.1. Types of business envisaged
2.1.1. Description of the main objectives and business strategy of the branch and an explanation of how the branch will contribute to the strategy of the institution and, where applicable, of its group
[to be completed by the credit institution]
2.1.2. Description of the target customers and counterparties
[to be completed by the credit institution]
2.1.3. List of the activities referred to in Annex I to Directive 2013/36/EU that the credit institution intends to carry out in the host Member State with the indication of the activities that will constitute the core business in the host Member State, including the intended start date for each core activity
No
Activity
Activities that the credit institution intends to carry out
Activities that will constitute the core business
Intended start date for each core activity
1.
Taking deposits and other repayable funds
2.
Lending including, inter alia: consumer credit, credit agreements relating to immovable property, factoring, with or without recourse, financing of commercial transactions (including forfeiting)
3.
Financial leasing
4.
Payment services as defined in Article 4(3) of Directive 2007/64/EC of the European Parliament and of the Council (1)
4a.
Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account
4b.
Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account
4c.
Execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider:
—
execution of direct debits, including one-off direct debits
—
execution of payment transactions through a payment card or a similar device
—
execution of credit transfers, including standing orders
4d.
Execution of payment transactions where the funds are covered by a credit line for a payment service user:
—
execution of direct debits, including one-off direct debits
—
execution of payment transactions through a payment card or a similar device
—
execution of credit transfers, including standing orders
4e.
Issuing and/or acquiring of payment instruments
4f.
Money remittance
4g.
Execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and services (2)
5.
Issuing and administering other means of payment (e.g. travellers' cheques and bankers' drafts) insofar as such activity is not covered by point 4
6.
Guarantees and commitments
7.
Trading for own account or for account of customers in any of the following:
7a.
—
Money market instruments (e.g. cheques, bills, certificates of deposits)
7b.
—
Foreign exchange
7c.
—
Financial futures and options
7d.
—
Exchange and interest-rate instruments
7e.
—
Transferable securities
8.
Participation in securities issues and the provision of services relating to such issues
9.
Advice to undertakings on capital structure, industrial strategy and related questions and advice as well as services relating to mergers and the purchase of undertakings
10.
Money broking
11.
Portfolio management and advice
12.
Safekeeping and administration of securities
13.
Credit reference services
14.
Safe custody services
15.
Issuing electronic money
2.1.4. List of the services and activities that the credit institution intends to carry out in the host Member State, and which are provided for in Sections A and B of Annex I to Directive 2004/39/EC of the European Parliament and of the Council (3), when referring to the financial instruments provided for in Section C of Annex I of that Directive
Financial Instruments
Investment services and activities
Ancillary services
A 1
A 2
A 3
A 4
A 5
A 6
A 7
A 8
B 1
B 2
B 3
B 4
B 5
B 6
B 7
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
Row and column headings are references to the relevant section and item number in Annex I to Directive 2004/39/EC (e.g. A1 refers to point 1 of Section A of Annex I)
2.2. Structural organisation of the branch
2.2.1. Description of the organisational structure of the branch, including functional and legal reporting lines and the position and role of the branch within the corporate structure of the institution and, where applicable, of its group
[to be completed by the credit institution]
The description can be supported by relevant documents, such as an organisational chart
2.2.2. Description of the governance arrangements and internal control mechanisms of the branch, including the following information:
2.2.2.1.
risk management procedures of the branch and details of liquidity risk management of the institution, and where applicable, of its group
[to be completed by the credit institution]
2.2.2.2.
any limits that apply to the activities of the branch, in particular to its lending activities
[to be completed by the credit institution]
2.2.2.3.
details of the internal audit arrangements of the branch, including details of the person responsible for these arrangements and, where applicable, details of the external auditor
[to be completed by the credit institution]
2.2.2.4.
anti-money laundering arrangements of the branch including details of the person appointed to ensure compliance with these arrangements
[to be completed by the credit institution]
2.2.2.5.
controls over outsourcing and other arrangements with third parties in connection with the activities carried out in the branch that are covered by the institution's authorisation
[to be completed by the credit institution]
2.2.3. Where the branch is expected to carry out one or more of the investment services and activities defined in point 2 of Article 4(1) of Directive 2004/39/EC, a description of the following arrangements:
2.2.3.1.
arrangements for safeguarding client money and assets
[to be completed by the credit institution]
2.2.3.2.
arrangements for compliance with the obligations laid down in Articles 19, 21, 22, 25, 27 and 28 of Directive 2004/39/EC and measures adopted pursuant thereto by the relevant competent authorities of the host Member State
[to be completed by the credit institution]
2.2.3.3.
internal code of conduct including controls over personal account dealing
[to be completed by the credit institution]
2.2.3.4.
details of the person responsible for dealing with complaints in relation to the investment services and activities of the branch
[to be completed by the credit institution]
2.2.3.5.
details of the person appointed to ensure compliance with the arrangements of the branch relating to investment services and activities
[to be completed by the credit institution]
2.2.4. details of professional experience of the persons responsible for the management of the branch
[to be completed by the credit institution]
2.3. Other information
2.3.1. Financial plan containing forecasts for balance sheet and profit and loss account, covering a period of three years
[to be completed by the credit institution]
This information can be provided as an attachment to the notification
2.3.2. Name and contact details of the Union deposit guarantee and investor protection schemes of which the institution is a member and which cover the activities and services of the branch, together with the maximum coverage of the investor protection scheme
[to be completed by the credit institution]
2.3.3. Details of the branch's IT arrangements
[to be completed by the credit institution]
(1) Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007. on payment services in the internal market (OJ L 319, 5.12.2007, p. 1).
(2) Does the activity referred to in point 4g include the granting of credits in accordance with the conditions set out in Article 16(3) of Directive 2007/64/EC?
☐ yes ☐ no
(3) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).
ANNEX II
Form for the communication of branch passport notification
Competent authorities of the home Member State:
Name of the contact person:
Telephone number:
E-mail:
Address of the competent authorities of the host Member State:
[Date]
Ref:
Communication of branch passport notification
[The communication shall include at least the following information:
—
name and reference number of the credit institution;
—
competent authorities responsible for the authorisation and supervision of the credit institution;
—
statement on the credit institution's intention to carry out activities in the territory of the host Member State, including the date of receipt of the branch passport notification containing information that is assessed to be complete and correct;
—
name and contact details of the persons responsible for the management of the branch;
—
name and contact details of the Union deposit guarantee and investor protection schemes of which the institution is a member and which cover the activities and services of the branch.]
[Contact details]
ANNEX III
Form for the communication of the amount and composition of own funds and own funds requirements
1. Amount and composition of own funds
Item
All references are to the provisions of Regulation (EU) No 575/2013 of the European Parliament and of the Council (1)
Amount
(in million EUR)
Own funds
Articles 4(1)(118) and 72
[data as reported in row 010 in Template 1 of Annex 1 of Commission Implementing Regulation (EU) No 680/2014 (2) ]
Tier 1 capital
Article 25
[data as reported in row 015 in Template 1 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Common Equity Tier 1 capital
Article 50
[data as reported in row 020 in Template 1 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Additional Tier 1 capital
Article 61
[data as reported in row 530 in Template 1 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Tier 2 capital
Article 71
[data as reported in row 750 in Template 1 of Annex 1 of Implementing Regulation (EU) No 680/2014]
2. Own fund requirements
Item
All references are to the provisions of Regulation (EU) No 575/2013
Amount
(in million EUR)
Total risk exposure amount
Articles 92(3), 95, 96 and 98
[data as reported in row 010 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Risk weighted exposure amounts for credit, counterparty credit and dilution risks and free deliveries
Points (a) and (f) of Article 92(3)
[data as reported in row 040 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Total risk exposure amount for settlement/delivery
Point (c) (ii) of Article 92(3) and point (b) of Article 92(4)
[data as reported in row 490 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Total risk exposure amount for position, foreign exchange and commodities risks
Points (b)(i), (c)(i) and (c)(iii) of Article 92(3) and point (b) of Article 92(4)
[data as reported in row 520 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Total risk exposure amount for operational risk
Point (e) of Article 92(3) and point (b) of Article 92(4)
[data as reported in row 590 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Additional risk exposure amount due to fixed overheads
Articles 95(2), 96(2), 97 and 98(1) point (a)
[data as reported in row 630 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Total risk exposure amount for credit valuation adjustment
Point (d) of Article 92(3)
[data as reported in row 640 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Total risk exposure amount related to large exposures in the trading book
Point (b)(ii) of Article 92(3) and Articles 395 to 401
[data as reported in row 680 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
Other risk exposure amounts
Articles 3, 458, 459 and 500 and risk exposure amounts which cannot be assigned to one of the other items of this table
[data as reported in row 690 in Template 2 of Annex 1 of Implementing Regulation (EU) No 680/2014]
(1) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
(2) Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 191, 28.6.2014, p. 1–1861)
ANNEX IV
Form for the submission of a change in branch particulars notification which concerns a planned termination of the operation of a branch
Name of the contact person at the credit institution or branch:
Telephone number:
E-mail:
Address of the competent authorities of the home Member State:
Address of the competent authorities of the host Member State:
[Date]
[Ref:]
Submission of a change in branch particulars notification which concerns a planned termination of the operation of a branch
[The notification shall include at least the following information:
—
name and reference number of the credit institution;
—
name of the branch in the territory of the host Member State;
—
competent authorities responsible for the authorisation and supervision of the credit institution;
—
statement on the credit institution's intention to terminate the operation of the branch in the territory of the host Member State and the date by which the termination will be effective;
—
name and contact details of the persons who will be responsible for the process of terminating the operation of the branch;
—
estimated schedule for the planned termination;
—
information on the process of terminating the business relations with branch customers.]
[Contact details]
ANNEX V
Form for the submission of services passport notification
1. Contact information
Type of notification
Services passport notification
Host Member State in which the credit institution intends to carry out its activities:
Name and reference number of the credit institution:
Address of the head office of the credit institution:
Name of contact person at the credit institution:
Telephone number:
E-mail:
2. List of the activities referred to in Annex I to Directive 2013/36/EU that the credit institution intends to carry out in the host Member State with the indication of the activities that will constitute the core business of the credit institution in the host Member State, including the intended commencement date for each core service activity
No
Activity
Activities that the credit institution intends to carry out
Activities that will constitute the core business
Intended start date for each core activity
1.
Taking deposits and other repayable funds
2.
Lending including, inter alia: consumer credit, credit agreements relating to immovable property, factoring, with or without recourse, financing of commercial transactions (including forfeiting)
3.
Financial leasing
4.
Payment services as defined in Article 4(3) of Directive 2007/64/EC
4a
Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account
4b
Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account
4c
Execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider:
—
execution of direct debits, including one-off direct debits
—
execution of payment transactions through a payment card or a similar device
—
execution of credit transfers, including standing orders
4d
Execution of payment transactions where the funds are covered by a credit line for a payment service user:
—
execution of direct debits, including one-off direct debits
—
execution of payment transactions through a payment card or a similar device
—
execution of credit transfers, including standing orders
4e
Issuing and/or acquiring of payment instruments
4f
Money remittance
4g
Execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and services (1)
5.
Issuing and administering other means of payment (e.g. travellers' cheques and bankers' drafts) insofar as such activity is not covered by point 4
6.
Guarantees and commitments
7.
Trading for own account or for account of customers in any of the following:
7a
—
money market instruments (e.g. cheques, bills, certificates of deposits)
7b
—
foreign exchange
7c
—
financial futures and options
7d
—
exchange and interest-rate instruments
7e
—
transferable securities
8.
Participation in securities issues and the provision of services related to such issues
9.
Advice to undertakings on capital structure, industrial strategy, and related questions and advice as well as services relating to mergers and the purchase of undertakings
10.
Money broking
11.
Portfolio management and advice
12.
Safekeeping and administration of securities
13.
Credit reference services
14.
Safe custody services
15.
Issuing electronic money
3. List of the services and activities that the credit institution intends to carry out in the host Member State, and which are provided for in Sections A and B of Annex I to Directive 2004/39/EC, when referring to the financial instruments provided for in Section C of Annex I of that Directive
Financial Instruments
Investment services and activities
Ancillary services
A 1
A 2
A 3
A 4
A 5
A 6
A 7
A 8
B 1
B 2
B 3
B 4
B 5
B 6
B 7
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
Row and column headings are references to the relevant section and item number in Annex I to Directive 2004/39/EC (e.g. A1 refers to point 1 of Section A of Annex I).
(1) Does the activity referred to in point 4g include the granting of credits in accordance with the conditions set out in Article 16(3) of Directive 2007/64/EC?
☐ yes ☐ no
ANNEX VI
Form for the communication of services passport notification
Competent authorities of the home Member State:
Name of the contact person:
Telephone number:
E-mail:
Address of the competent authorities of the host Member State:
[Date]
Ref:
Communication of services passport notification
[The communication shall include at least the following information:
—
name and reference number of the credit institution;
—
competent authorities responsible for the authorisation and supervision of the credit institution;
—
statement on the credit institution's intention to carry out activities in the territory of the host Member State in the exercise of the freedom to provide services.]
[Contact details] |
10.1.2014
EN
Official Journal of the European Union
L 5/1
COMMISSION IMPLEMENTING REGULATION (EU) No 15/2014
of 9 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, 9 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
97,3
MA
76,1
TN
85,4
TR
129,0
ZZ
97,0
0707 00 05
MA
158,2
TR
143,8
ZZ
151,0
0709 93 10
MA
63,1
TR
130,8
ZZ
97,0
0805 10 20
EG
43,4
MA
85,5
TR
83,5
ZA
44,3
ZZ
64,2
0805 20 10
IL
186,9
MA
72,7
ZZ
129,8
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
IL
75,9
JM
93,8
MA
117,4
TR
80,8
ZZ
92,0
0805 50 10
EG
66,2
TR
70,6
ZZ
68,4
0808 10 80
CN
110,7
MK
27,7
US
155,4
ZZ
97,9
0808 30 90
CN
53,4
US
144,5
ZZ
99,0
(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’. |
5.12.2014
EN
Official Journal of the European Union
L 349/63
COMMISSION IMPLEMENTING DECISION
of 3 December 2014
amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application
(notified under document C(2014) 9113)
(Text with EEA relevance)
(2014/874/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 53(1)(b)(i) thereof,
Whereas:
(1)
Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Union and national level. It provides for emergency measures where there is evidence that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.
(2)
Commission Decision 2008/866/EC (2) was adopted following an outbreak of Hepatitis A in humans related to the consumption of bivalve molluscs imported from Peru that were contaminated with Hepatitis A virus (HAV). That Decision initially applied until 31 March 2009, but this period of application was last extended until 30 November 2014 by Commission Implementing Decision 2013/636/EU (3).
(3)
The Peruvian Competent Authority was requested to provide satisfactory guarantees to ensure that the shortcomings identified in relation to the monitoring system for virus detection in live bivalve molluscs have been corrected. In particular, the monitoring programme results for Donax clams (Donax spp.) should be presented. Despite the fact that Donax clams (Donax spp.) caused the outbreaks of Hepatitis A in humans up to date, the results of the monitoring programme for this species have not been provided to the Commission. Therefore, the Commission cannot conclude that the control system and the monitoring plan currently in place in Peru for certain bivalve molluscs is able to deliver the guarantees required by Union law. Consequently, the emergency measures should be mantained.
(4)
The limit of application of Decision 2008/866/EC should therefore be amended accordingly.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
In Article 5 of Decision 2008/866/EC, the date ‘30 November 2014’ is replaced by the date ‘30 November 2015’.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 December 2014.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 31, 1.2.2002, p. 1.
(2) Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (OJ L 307, 18.11.2008, p. 9).
(3) Commission Implementing Decision 2013/636/EU of 31 October 2013 amending Decision 2008/866/EC, on emegency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application (OJ L 293, 5.11.2013, p. 42). |
18.2.2014
EN
Official Journal of the European Union
L 46/3
COMMISSION IMPLEMENTING REGULATION (EU) No 149/2014
of 17 February 2014
approving the active substance L-ascorbic 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 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 L-ascorbic acid, initially referred to as 'ascorbic acid', the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2005/751/EC (3).
(2)
In accordance with Article 6(2) of Directive 91/414/EEC the Netherlands received on 14 September 2004 an application from Citrex Europe B.V. for the inclusion of the active substance L-ascorbic acid in Annex I to Directive 91/414/EEC. Decision 2005/751/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 10 September 2007. In accordance with Article 11(6) of Commission Regulation (EU) No 188/2011 (4) additional information was requested from the applicant on 17 May 2011. The evaluation of the additional data by the Netherlands was submitted in the format of an updated draft assessment report in July 2011.
(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 L-ascorbic acid (5) on 17 April 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 L-ascorbic acid.
(5)
It has appeared from the various examinations made that plant protection products containing L-ascorbic 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 L-ascorbic 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. 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 L-ascorbic 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 (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 L-ascorbic 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 L-ascorbic 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 L-ascorbic 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 L-ascorbic 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 L-ascorbic 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, 17 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 2005/751/EC of 21 October 2005 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of ascorbic acid, potassium iodide and potassium thiocyanate in Annex I to Council Directive 91/414/EEC (OJ L 282, 26.10.2005, p. 18).
(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(4):3197. 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 (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
L-ascorbic acid
CAS No 50-81-7
CIPAC No 774
(5R)-5-[(1S)-1,2-dihydroxyethyl]-3,4-dihydroxyfuran-2(5H)-one
≥ 990 g/kg
The following relevant impurities shall not exceed:
Methanol: ≤ 3 g/kg
Heavy Metals: ≤ 10 mg/kg (expressed as Pb)
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 L-ascorbic 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:
(a)
the risk to aquatic and soil organisms;
(b)
the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions.
Conditions of use shall include risk mitigation measures, where appropriate.
The applicant shall submit confirmatory information as regards:
(1)
the natural background of L-ascorbic acid in the environment confirming a low chronic risk for fish and a low risk for aquatic invertebrates, algae, earthworms and soil microorganisms;
(2)
the risk to contaminate groundwater.
The applicant shall submit to the Commission, the Member States and the Authority the relevant information by 30 June 2016.
(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
‘66
L-ascorbic acid
CAS No 50-81-7
CIPAC No 774
(5R)-5-[(1S)-1,2-dihydroxyethyl]-3,4-dihydroxyfuran-2(5H)-one
≥ 990 g/kg
The following relevant impurities shall not exceed:
Methanol: ≤ 3 g/kg
Heavy Metals: ≤ 10 mg/kg (expressed as Pb)
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 L-ascorbic 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:
(a)
the risk to aquatic and soil organisms;
(b)
the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions.
Conditions of use shall include risk mitigation measures, where appropriate.
The applicant shall submit confirmatory information as regards:
(1)
the natural background of L-ascorbic acid in the environment confirming a low chronic risk for fish and a low risk for aquatic invertebrates, algae, earthworms and soil microorganisms;
(2)
the risk to contaminate groundwater.
The applicant shall submit to the Commission, the Member States and the Authority the relevant information by 30 June 2016.’
(1) Further details on identity and specification of active substance are provided in the review report. |
15.4.2014
EN
Official Journal of the European Union
L 111/79
COUNCIL DECISION 2014/212/CFSP
of 14 April 2014
amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
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 2013/183/CFSP of 22 April 2013 concerning restrictive measures against the Democratic People's Republic of Korea (1), and in particular Article 19 thereof,
Whereas:
(1)
On 22 April 2013, the Council adopted Decision 2013/183/CFSP.
(2)
In accordance with Article 22(2) of Decision 2013/183/CFSP, the Council has carried out a review of the list of persons and entities, as set out in Annexes II and III to Decision 2013/183/CFSP, to which points (b) and (c) of Article 13(1) and points (b) and (c) of Article 15(1) of that Decision apply. The Council has concluded that, with the exception of one person listed in Annex II, the persons and entities concerned should continue to be subject to the measures provided for in that Decision.
(3)
In addition, the entry concerning one entity which is listed in Annex I should be removed from Annex II.
(4)
Furthermore, Article 22 should be amended.
(5)
In addition, on 31 December 2013, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1718 (2006) concerning the Democratic People's Republic of Korea, updated the list of individuals and entities subject to restrictive measures.
(6)
The lists of persons and entities set out in Annexes I and II to Decision 2013/183/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2013/183/CFSP is hereby amended as follows:
(1)
in Article 22, paragraph 2 is replaced by the following:
‘2. The measures referred to in points (b) and (c) of Article 13(1) and points (b) and (c) of 15(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 19(2), that the conditions for their application are no longer met.’.
(2)
Annexes I and II to Decision 2013/183/CFSP are amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Luxembourg, 14 April 2014.
For the Council
The President
C. ASHTON
(1) OJ L 111, 23.4.2013, p. 52.
ANNEX
1.
In Annex I to Decision 2013/183/CFSP, the following heading is inserted: ‘List of persons referred to in Article 13(1)(a) and of persons and entities referred to in Article 15(1)(a).’.
2.
In Annex I to Decision 2013/183/CFSP, the subheading ‘A. List of persons referred to in Article 13(1)(a)’ is replaced by the following subheading:
‘A.
Persons’.
3.
The entries for the following persons set out in Annex I to Decision 2013/183/CFSP are replaced by the entries below:
Name
Alias
Date of birth
Date of designation
Other information
‘1.
Chang Myong- Chin
Jang Myong-Jin
D.O.B. 19 February 1968;
Alt. D.O.B. 1965 or 1966
22.1.2013
General Manager of the Sohae Satellite Launching Station and head of launch center at which the 13 April and 12 December 2012 launches took place.
2.
Ra Ky'ong-Su
Ra Kyung-Su
D.O.B. 4 June 1954;
Passport: 645120196
22.1.2013
Ra Ky'ong-Su is a Tanchon Commercial Bank (TCB) official. In this capacity he has facilitated transactions for TCB. Tanchon was designated by the Sanctions Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.
3.
Kim Kwang-il
D.O.B. 1 September 1969;
Passport: PS381420397
22.1.2013
Kim Kwang-il is a Tanchon Commercial Bank (TCB) official. In this capacity, he has facilitated transactions for TCB and the Korea Mining Development Trading Corporation (KOMID). Tanchon was designated by the Sanctions Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons. KOMID was designated by the Sanctions 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.’
4.
In Annex I to Decision 2013/183/CFSP, the subheading ‘B. List of entities referred to in Article 15(1)(a)’ is replaced by the following subheading:
‘B.
Entities’.
5.
The entries for the following entities set out in Annex I to Decision 2013/183/CFSP are replaced by the entries below:
Name
Alias
Location
Date of designation
Other information
‘1.
Korea Ryonha Machinery Joint Venture Corporation
Chosun Yunha Machinery Joint Operation Company; Korea Ryenha Machinery J/V Corporation; Ryonha Machinery Joint Venture Corporation; Ryonha Machinery Corporation; Ryonha Machinery; Ryonha Machine Tool; Ryonha Machine Tool Corporation; Ryonha Machinery Corp; Ryonhwa Machinery Joint Venture Corporation; Ryonhwa Machinery JV; Huichon Ryonha Machinery General Plant; Unsan; Unsan Solid Tools; and Millim Technology Company
Tongan-dong, Central District, Pyongyang, DPRK; Mangungdae- gu, Pyongyang, DPRK; Mangyongdae District, Pyongyang, DPRK.
Email addresses: [email protected]; [email protected]; and [email protected]
Telephone numbers: 850-2-18111; 850-2-18111-8642; and 850 2 18111-3818642
Facsimile number: 850-2-381-4410
22.1.2013
Korea Ryonbong General Corporation is the parent company of Korea Ryonha Machinery Joint Venture Corporation. Korea Ryonbong General Corporation was designated by the Sanctions Committee in April 2009 and is a defence conglomerate specializing in acquisition for DPRK defence industries and support to that country's military-related sales.’
6.
The person and entity listed below are deleted from the list set out in Annex II to Decision 2013/183/CFSP:
A.
Persons
1.
Chang Song-taek
B.
Entities
1.
Korea Complex Equipment Import Corporation |
7.8.2014
EN
Official Journal of the European Union
L 234/6
COMMISSION IMPLEMENTING REGULATION (EU) No 856/2014
of 4 August 2014
approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Lammefjordsgulerod (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)
Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Denmark's application for the approval of amendments to the specification for the protected geographical indication ‘Lammefjordsgulerod’ registered under Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 564/2002 (3).
(2)
The purpose of the application is to amend the specification by giving more detailed information on the product description, the proof of origin, the method of production, etc. (the competent inspection authority).
(3)
The Commission has examined the amendments in question and concluded that they are justified. Since the amendments are minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, the Commission may approve them without following the procedure set out in Articles 50 to 52 of that Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The specification for the protected geographical indication ‘Lammefjordsgulerod’ is hereby amended in accordance with Annex I to this Regulation.
Article 2
Annex II to this Regulation contains the consolidated Single Document setting out the main points of the specification.
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,
Ferdinando NELLI FEROCI
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ L 327, 18.12.1996, p. 11.
(3) OJ L 86, 3.4.2002, p. 7.
ANNEX I
The specification for the protected geographical indication ‘Lammefjordsgulerod’ is amended as follows:
(a)
Description of product
for
:
‘“Lammefjordsgulerod” carrots are very smooth and crunchy and very seldom turn greyish after washing. They are characterised by their relatively high dry matter and very high carotene content. Their sugar content is also relatively high.’,
read
:
‘The “Lammefjordsgulerod” carrot is very smooth and crisp and has very little tendency to turn grey after washing. Its dry matter is relatively high, like its sugar content. Its carotene content is also very high.
The “Lammefjordsgulerod” carrot must fulfil the “Class I” requirements laid down in the UNECE standard for carrots (FFV-10).’
(b)
Geographical area
for
:
‘The “Lammefjordsgulerod” carrot comes from the reclaimed area of the Lammefjord, which is physically delimited by the Ringkanal and the Audebo dam. Lammefjord is situated in Odsherred on Zealand, Denmark. Svinninge Vejle is part of the drained Lammefjord at the innermost end of the fjord. The area was drained before Lammefjord, primarily because it was narrow and shallow. Sidinge Fjord is also a reclaimed area of Isefjord, located north of Lammefjord. Klintsø is the northernmost area. This was originally a fjord but the mouth was blocked by natural silting. The area is also surrounded by drainage channels.
The fact that it is grown on the reclaimed seabed of the Lammefjord, which has a layer of silt (as described under “Link”), is a special condition for the production of the product.
The carrot is grown in accordance with the rules for the integrated production of field vegetables which is monitored by the Crops Directorate (Plantedirektoratet).’,
read
:
‘The Lammefjord region is made up of four reclaimed fjord areas in Odsherred on Zealand (Denmark):
—
the reclaimed portion of the Lammefjord, which is physically delimited by the Ringkanal and the Audebo dam;
—
Svinninge Vejle, which is bounded to the south, west and north by the Ringkanal and to the east by the Svinninge-Hørve railway line;
—
Sidinge Fjord, which is delimited by Sidinge dam and a surface water channel;
—
Klintsø, which is delimited by drainage channels.’
(c)
Proof of origin
for
:
‘“Lammefjordsgulerod” carrots must be washed and packed by approved washing enterprises on Lammefjord. One of the conditions imposed on an approved washing enterprise is that records are kept of receipt of carrots from the growing location and a clear physical separation of Lammefjord carrots from any other carrots grown on normal sandy soil outside the named areas is guaranteed. The Crops Directorate's IP check is a further check on these conditions.’,
read
:
‘“Lammefjordsgulerod” carrots must be washed and packed by approved washing enterprises on Lammefjord, which is where documentary evidence of origin is kept. One of the conditions imposed on an approved washing enterprise is that records are kept of receipt of carrots from the growing location and a clear physical separation of “Lammefjordsgulerod” carrots from any other carrots grown on normal sandy soil outside the named areas is guaranteed.’
(d)
Method of production
for
:
‘“Lammefjordsgulerod” carrots are grown in accordance with the rules for the integrated production of field vegetables/Dansk Miljøgrønt, the objective of which is to guarantee both yield and quality. For plant protection, for example, cultivation measures and biological control measures are preferred to chemicals where possible.
Some of the main areas which are subject to guidelines or requirements are:
—
cultivation methods
—
fertilisation
—
irrigation
—
plant protection (early warning, pest and fungal control)
—
harvesting, storage and packaging
—
management/training
—
advice, documentation and monitoring’,
read
:
‘“Lammefjordsgulerod” carrots must be grown in accordance with the GlobalG.A.P. (Global Partnership for Good Agricultural Practices) standard which sets the framework for Good Agricultural Practice. The standard lays down documentation requirements for quality control, environmental management, minimising the use of plant protection products, traceability, food safety and risk assessment of the working environment and food hygiene. Carrot packing centres in the Lammefjord region that wash, sort and pack carrots are also subject to the GlobalG.A.P. standard.’
(e)
Inspection body
for
:
‘Name
:
Plantedirektoratet
Address
:
Skovbrynet 18, DK-1250 Copenhagen’,
read
:
‘Name
:
Inge Bodil Jochumsen, AgroManagement
Address
:
Kirketoften 5, 5610 Assens, tel. 51 24 49 89, website: agromanagement.dk’
(f)
Labelling
for
:
‘The Crops Directorate's provisions concerning labelling must be complied with:
1)
For carrots presented in packages, each wholesale package must bear the following particulars marked legibly, indelibly and visibly from the outside:
a)
Identification
—
Packer and/or dispatcher: Name and address or officially issued or accepted code mark: “Lammefjordsgulerod”
b)
Nature of produce
—
Name of the variety for the “Extra” class and (if the contents are not visible from the outside):
—
“bunches of carrots” or “carrots”
—
“early carrots” or “main-crop carrots”
c)
Origin of produce
—
Denmark
—
Lammefjord
d)
Commercial specifications
—
class
—
size expressed by
—
minimum and maximum diameters or weight per carrot (if sized)
—
number of bunches (for carrots presented in bunches)
e)
Official control mark (optional)
2)
For carrots transported in bulk (loaded directly into a vehicle or vehicle compartment), the above particulars must appear on a document accompanying the goods or on a notice placed in a visible position inside the vehicle.’,
read
:
‘All packaging, be it in prepacked or open form, must bear the following:
a)
Name and address of packing centre
b)
“Lammefjordens Grøntsagslaug” (“Lammefjord Vegetable Association”) logo
c)
Class’
ANNEX II
CONSOLIDATED SINGLE DOCUMENT
Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1)
‘LAMMEFJORDSGULEROD’
EC No: DK-PGI-0205-01118 — 04.06.2013
PGI (X) PDO ( )
1. Name
‘Lammefjordsgulerod’
2. Member State or Third Country
Denmark
3. Description of the agricultural product or foodstuff
3.1. Type of product
Class 1.6. Fruit, vegetables and cereals, fresh or processed
3.2. Description of the product to which the name in 1 applies
The ‘Lammefjordsgulerod’ carrot is very smooth and crisp and has very little tendency to turn grey after washing. Its dry matter is relatively high, like its sugar content. Its carotene content is also very high.
‘Lammefjordsgulerod’ carrots must fulfil the ‘Class I’ requirements laid down in the UNECE standard for carrots (FFV-10).
‘Lammefjordsgulerod’ carrots must be grown in accordance with the GlobalG.A.P. (Global Partnership for Good Agricultural Practices) standard which sets the framework for Good Agricultural Practice.
3.3. Raw materials (for processed products only)
—
3.4. Feed (for products of animal origin only)
—
3.5. Specific steps in production that must take place in the defined geographical area
The entire production process takes place in the defined area.
3.6. Specific rules concerning slicing, grating, packaging, etc.
The carrots are washed and packed only at washing enterprises on Lammefjord.
3.7. Specific rules concerning labelling
(a)
Name and address of packing centre
(b)
‘Lammefjordens Grøntsagslaug’ (‘Lammefjord Vegetable Association’) logo
(c)
Class
4. Concise definition of the geographical area
The Lammefjord region is made up of four reclaimed fjord areas in Odsherred on Zealand (Denmark):
—
the reclaimed portion of the Lammefjord, which is physically delimited by the Ringkanal and the Audebo dam,
—
Svinninge Vejle, which is bounded to the south, west and north by the Ringkanal and to the east by the Svinninge-Hørve railway line,
—
Sidinge Fjord, which is delimited by Sidinge dam and a surface water channel,
—
Klintsø, which is delimited by drainage channels.
5. Link with the geographical area
5.1. Specificity of the geographical area
The product is grown on the reclaimed seabed of the Lammefjord with its layer of silt. Sidinge Fjord was the first area to be drained in the Lammefjord region (starting in 1841), followed by Svinninge Vejle. The reclaiming of the largest area, the Lammefjord, started in 1873. Klintsø was the last area to be drained.
The subsoil consists of clay and marl or silty sand topped by a layer of silt several metres thick formed from vegetable and animal substances. Large areas of Lammefjord are more or less free of stones and the large numbers of old mussel and oyster shells give the soil a naturally high calcium content.
With its mild winters, cool summers and rainfall that is evenly distributed throughout the year, Lammefjord has an ideal carrot-growing climate.
5.2. Specificity of the product
Carrots from the Lammefjord region have a very smooth surface and retain their colour after washing and during storage. They retain their colour as the sand in the soil has been polished and is smoother and rounder than in classic sandy soils, which means that the carrots do not have cracks in them when they are harvested. Carrots from the Lammefjord region can therefore be refrigerated and handled at all times of the year without causing surface discoloration.
5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)
The specific quality of ‘Lammefjordsgulerod’ carrots is related to the growing conditions provided by the former bed of the fjord. The special soil conditions allow gentle handling of the carrots, which have a smooth surface as a result.
The name ‘Lammefjordsgulerod’ is known throughout Denmark.
‘Lammefjordsgulerod’ carrots are one of the reasons why the general public associates Lammefjord with high-quality vegetables, and carrots in particular. ‘Den store danske Encyklopædi’ describes Lammefjord as follows: ‘The drained fjord bed is highly fertile, producing cereals, seeds and vegetables. Lammefjord is known for its carrots and potatoes. Until 1980 it also had a reputation for flower bulbs and asparagus’.
Lammefjord is often mentioned in reports in Danish and foreign media of the success enjoyed in those years by Danish restaurants with their menus based on Nordic ingredients.
Reference to publication of the specification
[Article 5(7) of Regulation (EC) No 510/2006]
http://www.foedevarestyrelsen.dk/SiteCollectionDocuments/Fødevarekvalitet/BGB-Lammefjordsgulerødder%20konsolideret.pdf
(1) OJ L 93, 31.3.2006, p. 12. Replaced by 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). |
31.10.2014
EN
Official Journal of the European Union
L 314/1
COMMISSION IMPLEMENTING REGULATION (EU) No 1164/2014
of 31 October 2014
amending Implementing Regulation (EU) No 411/2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (a), (c) and (d) of Article 187 thereof,
Whereas:
(1)
Regulation (EU) No 374/2014 of the European Parliament and of the Council (2) provides for preferential arrangements for 2014 as regards customs duties for imports of certain goods originating in Ukraine. In accordance with Article 3 of that Regulation the agricultural products listed in Annex III thereto are to be admitted for import into the Union within the limits of the tariff quotas as set out in that Annex.
(2)
Commission Implementing Regulation (EU) No 411/2014 (3) opened and provided for administration of Union tariff import quota for beef and veal originating in Ukraine until 31 October 2014.
(3)
Regulation (EU) No 374/2014 has been amended by Regulation (EU) 1150/2014 of the European Parliament and of the Council (4). The amendment primarily provides for the extension of the application of Regulation (EU) No 374/2014 until 31 December 2015 and for fixing the quantities of the quotas for 2015. It is therefore appropriate to amend Implementing Regulation (EU) No 411/2014.
(4)
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
Amendment of Implementing Regulation (EU) No 411/2014
Implementing Regulation (EU) No 411/2014 is amended as follows:
(1)
Article 2 is replaced by the following:
‘Article 2
Import tariff quota periods
1. The import tariff quota referred to in Article 1(1) shall be opened from 25 April to 31 December 2014 and from 1 January to 31 December 2015.
2. The quantity set for the annual import tariff quota for 2015 for the order number set out in Annex I shall be subdivided into four subperiods, as follows:
(a)
25 % from 1 January to 31 March;
(b)
25 % from 1 April to 30 June;
(c)
25 % from 1 July to 30 September;
(d)
25 % from 1 October to 31 December.’
(2)
Article 3 is amended as follows:
(a)
the title is replaced by the following:
‘Import rights applications for the quota period 2014’
;
(b)
in paragraph 8, the date ‘31 October 2014’ is replaced by the date ‘31 December 2014’.
(3)
The following Article 3a is inserted:
‘Article 3a
Import rights applications for the quota period 2015
1. Applications for import rights shall be submitted in the first seven days of the month preceding each of the subperiods referred to in Article 2(2).
2. A security of EUR 6 per 100 kilograms net weight shall be lodged at the time of submission of an import rights application.
3. Applicants for import rights shall, when presenting their first application for a given quota year, submit the proof that a quantity of beef falling under CN codes 0201 or 0202 has been imported by them or on their behalf under the relevant customs provisions, during the 12-month period immediately prior to their first application (hereinafter “the reference quantity”). A company formed by the merger of companies, each having imported reference quantities, may use those reference quantities as basis for its application.
4. The total quantity covered by an application for import rights submitted in the import tariff quota subperiod shall not exceed 25 % of the applicant's reference quantity. Applications not complying with this rule shall be rejected by the competent authorities.
5. Member States shall notify the Commission, by the 14th day of the month in which applications are submitted, of the total quantities, including nil returns, of all applications, expressed in kilograms of product weight.
6. Import rights shall be awarded as from the 23rd day of the month in which applications are submitted and at the latest by the last day of that month.
7. If application of the allocation coefficient referred to in Article 7(2) of Regulation (EC) No 1301/2006 results in fewer import rights to be allocated than had been applied for, the security lodged in accordance with paragraph 2 shall be released proportionally without delay.
8. Import rights shall be valid from the first day of the subperiod for which the application has been submitted until 31 December 2015. Import rights shall not be transferable.’
(4)
Article 4 is amended as follows:
(a)
the title is replaced by the following:
‘Issue of import licences for the quota period 2014’
;
(b)
in paragraph 8, the date ‘31 October 2014’ is replaced by the date ‘31 December 2014’.
(5)
The following Article 4a is inserted:
‘Article 4a
Issue of import licences for the quota period 2015
1. The release into free circulation of the quantities awarded under the import tariff quota referred to in Article 1(1) shall be subject to the presentation of an import licence.
2. Import licence applications shall cover the total quantity of import rights allocated. The obligation referred to in Article 23(1) of Commission Delegated Regulation (EU) No 907/2014 (5) shall be respected.
3. Licence applications shall be submitted only in the Member State where the applicant has applied for and obtained import rights under the import tariff quota referred to in Article 1(1).
4. Each issuing of an import licence shall result in a corresponding reduction of the import rights obtained and the security lodged in accordance with Article 3a(2) shall be released proportionally without delay.
5. Import licences shall be issued upon application by and in the name of the operator who has obtained the import rights.
6. Licence applications shall refer to only one order number. They may concern several products covered by different CN codes. In that case, all the CN codes and their descriptions shall be entered in boxes 15 and 16 of the licence application and the licence respectively.
7. Licence applications and import licences shall contain:
(a)
in box 8, the name “Ukraine” as country of origin and the box “yes” marked by a cross;
(b)
in box 20, one of the entries listed in Annex II.
8. Each licence shall mention the quantity for each CN code.
9. By way of derogation from Article 5(3)(b) of Regulation (EC) No 382/2008, the import licences shall be valid 30 days from the actual day of issue of the licence within the meaning of Article 22(2) of Regulation (EC) No 376/2008. The term of validity of the import licences shall, however, expire at the latest on 31 December 2015.
(5) Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).’"
(6)
Article 5 is replaced by the following:
‘Article 5
Notifications to the Commission for the quota period 2014
1. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission:
(a)
no later than 10 January 2015, of the quantities of products, including nil returns, for which import licences were issued during the quota period;
(b)
no later than 30 April 2015, of the quantities of products, including nil returns, covered by unused or partly used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued.
2. No later than 30 April 2015, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during the import tariff quota period 2014.
3. In the case of the notifications referred to in paragraphs 1 and 2, the quantity shall be expressed in kilograms.’
(7)
The following Article 5a is inserted:
‘Article 5a
Notifications to the Commission for the quota period 2015
1. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission not later than the 10th day of the month following the last day of each subperiod, of the quantities, including nil returns, covered by licences they have issued during that subperiod.
2. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission of the quantities, including nil returns, covered by unused or partially used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued:
(a)
together with the notifications referred to in Article 3a(5) of this Regulation regarding the applications submitted for the last subperiod of the import tariff quota period 2015;
(b)
for quantities not yet notified at the time of the first notification provided for in point (a), by 30 April 2016 at the latest.
3. No later than 30 April 2016, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during that import tariff quota period.
4. In the case of the notifications referred to in paragraphs 1, 2 and 3, the quantity shall be expressed in kilograms of product weight.’
(8)
Annex I is replaced by the text in the Annex to this Regulation.
Article 2
Entry into force and application
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 as of 2 November 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 671.
(2) Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).
(3) Commission Implementing Regulation (EU) No 411/2014 of 23 April 2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine (OJ L 121, 24.4.2014, p. 27).
(4) Regulation (EU) No 1150/2014 of the European Parliament and of the Council of 29 October 2014 amending Regulation (EU) No 374/2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 313, 31.10.2014, p. 1).
ANNEX
‘ANNEX I
Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes.
Order number
CN codes
Description
Import period
Quantity in tonnes (net weight)
Duty applicable
(EUR/t)
09.4270
0201 10 00
0201 20 20
0201 20 30
0201 20 50
0201 20 90
0201 30 00
0202 10 00
0202 20 10
0202 20 30
0202 20 50
0202 20 90
0202 30 10
0202 30 50
0202 30 90
Meat of bovine animals, fresh, chilled or frozen
Year 2014
Year 2015
12 000
12 000
0’ |
13.11.2014
EN
Official Journal of the European Union
L 328/37
COUNCIL DECISION
of 7 November 2014
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Health programme)
(2014/783/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(5) in conjunction with Article 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.
(2)
Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement.
(3)
Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.
(4)
It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 282/2014 of the European Parliament and of the Council. (3)
(5)
It is appropriate that the participation of EFTA States in the activities resulting from Regulation (EU) No 282/2014 commence from 1 January 2014 irrespective of when the EEA Joint Committee Decision annexed to this Decision is adopted, or whether the fulfilment of constitutional requirements for this EEA Joint Committee Decision, if any, is notified after 10 July 2014.
(6)
Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of the EEA Joint Committee Decision annexed to this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the Union Member States provided that the EEA Joint Committee Decision enters into force before the end of the action concerned.
(7)
Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014.
(8)
The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
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) OJ L 305, 30.11.1994, p. 6.
(2) OJ L 1, 3.1.1994, p. 3.
(3) Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union's action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC (OJ L 86, 21.3.2014, p. 1).
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …/2014
of
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
Whereas:
(1)
It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union's action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC (1).
(2)
It is appropriate that the participation of EFTA States in the activities resulting from Regulation (EU) No 282/2014 commence from 1 January 2014, irrespective of when this Decision is adopted, or whether the fulfilment of constitutional requirements for this Decision, if any, is notified after 10 July 2014.
(3)
Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the EU Member States provided that this Decision enters into force before the end of the action concerned.
(4)
Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,
HAS ADOPTED THIS DECISION:
Article 1
The following indent is added in paragraph 1 of Article 16 of Protocol 31 to the EEA Agreement:
‘—
32014 R 0282: Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union's action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC (OJ L 86, 21.3.2014, p. 1).
The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grant decision concerned provided that Decision of the EEA Joint Committee No …/2014 of … enters into force before the end of the action.
Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme.’
Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (2).
It shall apply from 1 January 2014.
Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels,
For the EEA Joint Committee
The President
The Secretaries
to the EEA Joint Committee
(1) OJ L 86, 21.3.2014, p. 1.
(2) [No constitutional requirements indicated.] [Constitutional requirements indicated.] |
12.6.2014
EN
Official Journal of the European Union
L 172/1
COMMISSION IMPLEMENTING REGULATION (EU) No 620/2014
of 4 June 2014
laying down implementing technical standards with regard to information exchange between competent authorities of home and host Member States, according to Directive 2013/36/EU of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (1), and in particular to Article 50(7) thereof,
Whereas:
(1)
In order to ensure efficient and timely cooperation between competent authorities of home and host Member States information exchange should be two-way, within the respective supervisory competences of those authorities. Standard forms, templates and operating procedures, including timelines, should therefore be established for the exchange of information during going concern situations and liquidity stress situations. Harmonised frequencies and maximum remittance dates for the information to be exchanged on a regular basis should also be established, providing for information to be exchanged on a bi-annual or annual basis. To ensure that the most up-to-date information is exchanged, competent authorities should nevertheless exchange information as early as is practicable without waiting until the expiry of maximum remittance dates.
(2)
Without prejudice to procedures for standard information exchange established in this Regulation, competent authorities of home or host Member States should inform each other without undue delay about any potential situation affecting the financial stability or functioning of a branch and provide all essential and relevant information regarding that situation.
(3)
Given the differences in size, complexity and significance of branches operating in host Member States, it is important to apply the principle of proportionality in the exchange of information. To this end, the need for competent authorities in host Member States to receive a more extensive range of information where these authorities are responsible for branches identified as significant in accordance with Article 51 of Directive 2013/36/EU should be reflected in the forms, templates and frequencies used for exchanging this information.
(4)
To ensure an efficient transmission of information to the relevant persons as well as the confidentiality of the information, the competent authorities should establish, share and regularly update lists of contact persons.
(5)
Information exchange between competent authorities of home and host Member States is not limited to the types of information specified in Article 50 of Directive 2013/36/EU, and therefore to the types of information specified in this Regulation. In particular, Directive 2013/36/EU sets out provisions for exchange of information regarding on-the-spot verification of branches, notifications of the exercise of the right of establishment and freedom to provide services, and measures, including precautionary ones, taken by competent authorities in relation to branches and their parent undertakings. This Regulation should therefore not set out requirements for exchange of information in those areas.
(6)
Standard forms, templates and procedures should also address exchanges of information in relation to the carrying out of activities in a host Member State by way of the provision of cross border services.
(7)
Given the nature of cross-border services, competent authorities of host Member States are confronted with a lack of information regarding operations being conducted in their jurisdictions, and it is essential to establish procedures for sharing information for the purposes of safeguarding financial stability and monitoring conditions of authorisations, in particular monitoring whether the institution provides services in accordance with the notifications provided. Despite the importance of such information, given the need to avoid potential burden in collecting and disseminating this to all competent authorities of host Member States, the information should be provided following a request from the competent authorities of host Member States rather than be shared on a regular basis.
(8)
Given the fact that the type of information to be exchanged between competent authorities is detailed in Commission Delegated Regulation (EU) No 524/2014 (2), this Implementing Regulation should be considered as the necessary corollary of Delegated Regulation (EU) No 524/2014.
(9)
This Regulation is based on the draft implementing technical standards submitted by the European Supervisory Authority (European Banking Authority) (EBA) to the Commission.
(10)
The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3),
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes standard forms, templates and procedures for the information sharing requirements which are likely to facilitate the monitoring of institutions which operate, through a branch or in the exercise of the freedom to provide services, in one or more Member States other than that in which their head offices are situated.
This Regulation applies in relation to the information provided for in Delegated Regulation (EU) No 524/2014.
Article 2
Remittance date and frequency of information exchanges regarding institutions operating through a branch
1. Information regarding any situations of non-compliance with legislative or regulatory requirements, the application of supervisory or other administrative measures or the imposition of administrative or criminal penalties shall be provided without undue delay and no later than 14 calendar days after the determination by the competent authorities of the non-compliance situation, of the application of the supervisory or other administrative measure, or the imposition of the administrative or criminal penalty.
2. Where a branch is considered as significant in accordance with Article 51 of Directive 2013/36/EU, quantitative information concerning liquidity and information on findings from the supervision of liquidity shall be provided by the competent authorities of the home Member State to the competent authorities of the host Member State which supervise this significant branch on a bi-annual basis and no later than the following remittance dates:
(a)
28 February each year on the basis of the position as on 31 December of the preceding year;
(b)
31 August each year on the basis of the position as on the preceding 30 June.
3. Information other than that referred to in paragraphs 1 and 2 shall be provided annually and no later than 30 April each year on the basis of the position as at the preceding 31 December, except for information regarding management and ownership of an institution, which shall be provided on the basis of the most recent information available.
Article 3
Operational procedures for the transmission of information between competent authorities
1. The competent authorities of the home Member State shall maintain and share with the competent authorities of a host Member State an up-to-date list for each institution containing the relevant contacts, including emergency contacts, for the exchange of information between the competent authorities of the home Member State and of the host Member States.
The competent authorities of host Member States shall inform the competent authorities of the home Member State of their contacts and of any changes in those contacts without undue delay. The competent authorities of the home Member State and of host Member States shall review the contact list each year.
2. Information shall be exchanged in written or electronic form and shall be addressed to the relevant contact persons identified in the contact list referred to in paragraph 1 unless specified otherwise by a competent authority requesting information.
3. Where information is exchanged in electronic form, secure channels of communication shall be used unless the competent authorities deem it appropriate to use unsecured channels of communication.
4. The following information may be provided orally before being confirmed in written or electronic form:
(a)
information regarding non-compliance with legislative or regulatory requirements;
(b)
information regarding the application of supervisory or other administrative measures;
(c)
information regarding the imposition of administrative or criminal penalties;
(d)
information relating to a liquidity stress situation.
5. Competent authorities shall confirm the receipt of information. Where information has been provided in electronic form using a secure channel of communication the confirmation shall be provided using the same channel. Confirmation shall not be required for information which has been provided orally or using a secure channel of communication which enables the sender to receive confirmation that the receiver has received the information.
6. Where a college of supervisors has been established in accordance with Article 51(3) of Directive 2013/36/EU and where all branches of the institution are considered as significant paragraphs 1 to 5 of this Article shall not apply. In such cases the information shall be exchanged using the procedure set out in the written arrangements referred to in Article 51(3) of Directive 2013/36/EU.
Article 4
Forms and templates to be used for information exchanges regarding institutions operating through a branch
1. Quantitative information referred to in Article 2(2) shall be exchanged using the template specified in Part 1 of Annex I and shall be provided in the form specified in that template.
2. Quantitative information regarding the liquidity and solvency of an institution other than the information referred to in paragraph 1 shall be exchanged using the template specified in Part 2 of Annex I and shall be provided in the form specified in that template.
3. Quantitative information regarding the volume of services offered through the exercise of the freedom to provide services shall be exchanged using the template specified in Part 3 of Annex I and shall be provided in the form deemed appropriate by the competent authority that provides the information.
4. Quantitative information regarding the market shares of a branch established in a host Member State shall be exchanged using the template specified in Part 4 of Annex I and shall be provided in the form deemed appropriate by the competent authority that provides the information.
5. Non-quantitative information other than the information referred to in paragraphs 6, 7 and 8 shall be exchanged using the respective templates and shall be provided in the form deemed appropriate by the competent authority providing the information, as follows:
(a)
the template specified in Part 2 of Annex I shall be used for information on the liquidity and solvency of an institution;
(b)
the template specified in Part 3 of Annex I shall be used for information on cross-border provision of services;
(c)
the template specified in Part 4 of Annex I shall be used for information on a branch established in a host Member State;
(d)
the template specified in Part 5 of Annex I shall be used for information on deposit guarantee schemes.
6. Non-quantitative information specified in Part 6 of Annex I regarding the management and ownership of an institution, its liquidity and funding policies, liquidity and funding contingency plans and preparations for emergency situations shall be provided in the form deemed appropriate by the competent authority that provides the information. The information shall be provided as an appendix to the other information exchanged using the templates specified in Parts 1 to 5 of Annex I.
7. Information regarding any situations of non-compliance with legislative or regulatory requirements, the application of supervisory or other administrative measures or the imposition of administrative or criminal penalties as referred to in Article 2(1) shall be provided in the form deemed appropriate by the competent authority that provides the information.
8. Information regarding the identification of an institution as a global systemically important institution or as another systemically important institution within the meaning of Article 131(1) of Directive 2013/36/EU shall be provided in the form deemed appropriate by the competent authority that provides the information.
Article 5
Ad-hoc information requests of competent authorities
1. Requests for information that is not required to be exchanged pursuant to Delegated Regulation (EU) No 524/2014 shall be transmitted in written or electronic form to the relevant contact persons identified in the contact list referred to in Article 3(1) of this Regulation.
2. A competent authority making a request as referred to in paragraph 1 shall explain how the information is likely to facilitate the supervision or monitoring of an institution, the examination of the conditions for the authorisation of an institution or the protection of the stability of the financial system. That competent authority shall specify a reasonable time by which the response must be provided taking into account the nature and urgency of the request and information requested.
3. A competent authority receiving a request referred to in paragraph 1 shall provide the information without undue delay and shall make every effort to respond by the time indicated in the request. If that competent authority is unable to reply by the time indicated in the request it shall inform the competent authority making the request without undue delay of the time by which it will provide the information.
If the requested information is not available, the competent authority receiving a request referred to in paragraph 1 shall accordingly inform the competent authority making the request.
Article 6
Information exchange regarding cross-border service providers
The competent authorities of a host Member State in which an institution carries out its activities in the exercise of the freedom to provide services which request the competent authorities of the home Member State to provide the information regarding those services laid down in Delegated Regulation (EU) No 524/2014 shall provide the request in written or electronic form to the relevant contact person identified in the contact list referred to in Article 3(1). The competent authorities of the home Member State shall provide the information within three months of receiving the request.
Article 7
Information exchange regarding institutions operating through a branch in case of liquidity stress affecting the institution or the branch itself
In a liquidity stress situation competent authorities shall use the template specified in Annex II to this Regulation and follow the procedures provided for in Article 3 of this Regulation to exchange the information laid down in Delegated Regulation (EU) No 524/2014.
Article 8
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, 4 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 176, 27.6.2013, p. 338.
(2) Commission Delegated Regulation (EU) No 524/2014 of 12 March 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the information that competent authorities of home and host Member States supply to one another (OJ L 148, 20.5.2014, p. 6).
(3) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
ANNEX I
PART 1
BI-ANNUAL SPECIFIC
Template for the information on liquidity and supervisory findings regarding individual institutions to be exchanged bi-annually with the competent authorities of a host Member State supervising a significant branch
Legal reference:
Article 4(1) of Commission Delegated Regulation (EU) No 524/2014
Frequency of the information exchange:
Bi-annually
Competent Authority:
Institution name:
Reference date (30/06 YYYY or 31/12/YYYY):
Submission date (DD/MM/YYYY):
Information provided on consolidated basis (Yes/No)
Please indicate ‘Yes’ if information in this template is provided on a consolidated basis and not at the level of the institution
Information Group
Information item
Reference to COREP/FINREP templates, where applicable, or other
Information value
(quantitative as required by the grid, or qualitative to be provided in free text)
Comments
Liquidity
LCR (domestic currency)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
LCR (Material currency 1, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
LCR (Material currency 2, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
LCR (Material currency 3, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
[please add more rows for material currencies, if applicable]
NSFR (domestic currency)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
NSFR (Material currency 1, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
NSFR (Material currency 2, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
NSFR (Material currency 3, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
[please add more rows for material currencies, if applicable]
Components of the institution's liquidity buffer, including
Cash
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Deposits held with central banks
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Securities with a 0 % risk weight
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Securities with a 20 % risk weight
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Non-financial corporate bonds
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Other assets of high and extremely high liquidity and credit quality, taking into account the criteria listed in CRR Article 481(2)
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[value to be provided based on national reporting and specification]
Total encumbered assets
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Total non-encumbered assets
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Total encumbered collateral received
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Total non-encumbered collateral received
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Loan-to-deposit ratio
Based on the requirements of ITS on supervisory reporting
[value from FINREP]
Description of any domestic liquidity ratios that apply to the institution as a part of macro-prudential policy measures by the competent authorities or by the designated authority whether as binding requirements, guidelines, recommendations, warnings or otherwise, including the definitions of those ratios
[Definition and calculation formula to be provided by the competent authority]
[value to be provided based on national reporting and specification]
Description of any material deficiencies in the institution's liquidity risk management which are known to the competent authorities and which may affect branches, any related supervisory measures which have been taken in relation to those deficiencies, and the extent of the institution's compliance with those supervisory measures
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Please note that issues of non-compliance with minimum regulatory requirements and any supervisory measures taken by the competent authorities to address them shall be reported outside this template for regular exchange of information and in accordance with Article 2(3) of the ITS
Overall assessment of the institution's liquidity risk profile and risk management, in particular in relation to the branch(es) established in the host member State
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Description of any specific liquidity requirements applied in accordance with Article 105 of Directive 2013/36/EU
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Information regarding any obstacles to cash and collateral transfer to or from the branches of the institution
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
PART 2
ANNUAL SPECIFIC
Template for the information to be exchanged annually regarding the liquidity and solvency of individual institutions
Legal reference:
Articles 4(1), 5 and 11 of Delegated Regulation (EU) No 524/2014
Frequency of the information exchange:
Annually
Competent Authority:
Institution name:
Reference date (31/12/YYYY):
Submission date (DD/MM/YYYY):
Information provided on consolidated basis (Yes/No)
Please indicate ‘Yes’ if information in this template is provided on a consolidated basis and not at the level of the institution
Information Group
Information item
Reference to COREP/FINREP templates, where applicable, or other
Information value
(quantitative as required by the grid, or qualitative to be provided in free text)
Comments
Liquidity
LCR (domestic currency)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
LCR (Material currency 1, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
LCR (Material currency 2, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
LCR (Material currency 3, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
[please add more rows for material currencies, if applicable]
NSFR (domestic currency)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
NSFR (Material currency 1, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
NSFR (Material currency 2, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
NSFR (Material currency 3, please specify)
[Based on the requirements of the ITS on supervisory reporting requirements for liquidity coverage and stable funding, but on the calibration subject to the national specification until replaced by the CRR calibration]
[value to be provided based on national reporting and specification until ratios are available in COREP]
[please add more rows for material currencies, if applicable]
Components of the institution's liquidity buffer, including
Cash
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Deposits held with central banks
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Securities with a 0 % risk weight
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Securities with a 20 % risk weight
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Non-financial corporate bonds
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[Value based on the ITS]
Other assets of high and extremely high liquidity and credit quality, taking into account the criteria listed in CRR Article 481(2)
Based on the requirements of ITS on Supervisory reporting requirements for liquidity coverage and stable funding
[value to be provided based on national reporting and specification]
Total encumbered assets
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Total non-encumbered assets
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Total encumbered collateral received
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Total non-encumbered collateral received
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
of which central bank eligible
Based on the requirements of the ITS on reporting for asset encumbrance
[Value based on the ITS]
Loan-to-deposit ratio
Based on the requirements of ITS on supervisory reporting
[value from FINREP]
Description of any domestic liquidity ratios that apply to the institution as a part of macro-prudential policy measures by the competent authorities or by the designated authority whether as binding requirements, guidelines, recommendations, warnings or otherwise, including the definitions of those ratios
[Definition and calculation formula to be provided by the competent authority]
[value to be provided based on national reporting and specification]
Description of any material deficiencies in the institution's liquidity risk management which are known to the competent authorities and which may affect branches, any related supervisory measures which have been taken in relation to those deficiencies, and the extent of the institution's compliance with those supervisory measures
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Please note that issues of non-compliance with minimum regulatory requirements and any supervisory measures taken by the competent authorities to address them shall be reported outside this template for regular exchange of information and in accordance with Article 2(3) of the ITS
Overall assessment of the institution's liquidity risk profile and risk management, in particular in relation to the branch(es) established in the host member State
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Description of any specific liquidity requirements applied in accordance with Article 105 of Directive 2013/36/EU
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Information regarding any obstacles to cash and collateral transfer to or from the branches of the institution
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Solvency
Information of whether the institution complies with the following requirements:
(a)
the own fund requirements laid down in Article 92 of Regulation (EU) No 575/2013 taking into account any measures adopted or recognised in accordance with Article 458 of that Regulation and, where relevant, taking into account the transitional arrangements under Part Ten of that Regulation;
(b)
any additional own fund requirements imposed in accordance with Article 104 of Directive 2013/36/EU;
(c)
the capital buffer requirements set out in Chapter 4 of Title VII of Directive 2013/36/EU
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Please note that issues of non-compliance with minimum regulatory requirements and any supervisory measures taken by the competent authorities to address them shall be reported outside this template for regular exchange of information and in accordance with Article 2(3) of the ITS
Institution's Common Equity Tier 1 capital ratio, within the meaning of point (a) of Article 92(2) of Regulation (EU) No 575/2013
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Institution's Tier 1 capital ratio, within the meaning of point (b) of Article 92(2) of Regulation (EU) No 575/2013
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Institution's total capital ratio, within the meaning of point (c) of Article 92(2) of Regulation (EU) No 575/2013
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Institution's total risk exposure amount, within the meaning of Article 92(3) of Regulation (EU) No 575/2013
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Own funds requirements applicable in the home Member State in accordance with Article 92 of Regulation (EU) No 575/2013, taking into account any measures adopted or recognised in accordance with Article 458 of that Regulation and, where relevant, taking into account the transitional arrangements laid down in Part Ten of that Regulation
[Definition and calculation formula to be provided by competent authority]
[value to be provided based on national reporting and specification]
Information provided to the competent authorities of a host Member State supervising a significant branch
Level of the capital conservation buffer that the institution is required to maintain in accordance with Article 129 of Directive 2013/36/EU
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Level of any institution-specific countercyclical capital buffer that the institution is required to maintain in accordance with Article 130 of Directive 2013/36/EU
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Level of any systemic risk buffer that the institution is required to maintain in accordance with Article 133 of Directive 2013/36/EU
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Level of any G-SII buffer or O-SII buffer that the institution is required to maintain in accordance with Article 131(4) and (5) of Directive 2013/36/EU
Based on the requirements of ITS on supervisory reporting
Information provided to the competent authorities of a host Member State supervising a significant branch
Level of any additional own funds requirements imposed in accordance with point (a) of Article 104(1) of Directive 2013/36/EU and of any other requirements imposed relating to an institution's solvency in accordance with that Article
Based on the requirements of ITS on supervisory reporting
[value from COREP]
Information provided to the competent authorities of a host Member State supervising a significant branch
Leverage
Information disclosed by the institution in accordance with Article 451 of Regulation (EU) No 575/2013 regarding its leverage ratio and its management of the risk of excessive leverage
[link to the disclosure made by institution]
PART 3
ANNUAL — SERVICES
Template for the information to be exchanged regarding cross-border service providers
Legal reference:
Article 16 of Delegated Regulation (EU) No 524/2014
Frequency of the information exchange:
Annually upon request
Competent Authority:
Institution name:
Reference date (31/12/YYYY):
Submission date (DD/MM/YYYY):
Information provided on consolidated basis (Yes/No)
Please indicate ‘Yes’ if information in this template is provided on a consolidated basis and not at the level of the institution
Information Group
Information item
Reference to COREP/FINREP templates, where applicable, or other reference
Information value
(quantitative as required by the grid, or qualitative to be provided in free text)
Comments
Information regarding cross-border services providers
Volume of deposits taken from residents of the host Member State
[Definition and calculation formula to be provided by competent authority]
[value to be provided in millions in applicable currency of the institution based on national reporting and specification]
Volume of loans provided to the residents of the host Member State
[Definition and calculation formula to be provided by competent authority]
[value to be provided in millions in applicable currency of the institution based on national reporting and specification]
The following information items are related to the activities listed in Annex I to Directive 2013/36/EU which the institution has notified its wish to carry out in the host Member State by way of provision of services
Form in which the institution carries out the activities
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Activities which are the most significant in terms of the institution's activities in the host Member State
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Confirmation whether the activities identified as core business activities in the notification provided by the institution pursuant to Article 39 of Directive 2013/36/EU are being performed by an institution
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
PART 4
BRANCH SPECIFIC — FROM HOSTS
Template for the information to be exchanged regarding branches established in host Member States
Legal reference:
Article 15 of Delegated Regulation (EU) No 524/2014
Frequency of the information exchange:
Annually
Competent Authority:
Branch name:
Institution name:
Reference date (31/12/YYYY):
Submission date (DD/MM/YYYY):
Information Group
Information item
Reference to COREP/FINREP templates, where applicable, or other
Information value
(quantitative as required by the grid, or qualitative to be provided in free text)
Comments
Information regarding branches established in host Member States
Market shares of the branch in loans
[Definition and calculation formula to be provided by competent authority]
[value to be provided in % based on national reporting and specification. This value shall not be provided where it does not exceed 2 % of total loans in the host Member State]
Market shares of the branch in deposits
[Definition and calculation formula to be provided by competent authority]
[value to be provided in % based on national reporting and specification. This value shall not be provided where it does not exceed 2 % of total deposits in the host Member Stat]
Identification of systemic risks posed by the branch or its activities in the host Member State, including assessment of the likely impact of a suspension or closure of the operations of the branch on systemic liquidity, payment systems, clearing and settlement systems
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Obstacles to cash and collateral transfer to or from the branch
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
PART 5
ANNUAL GENERIC — DGS
Template for the information to be exchanged concerning deposit-guarantee schemes
Legal reference:
Article 6 of Delegated Regulation (EU) No 524/2014
Frequency of the information exchange:
Annually
Competent Authority:
Institution name:
Reference date (31/12/YYYY):
Submission date (DD/MM/YYYY):
Information provided on consolidated basis (Yes/No)
Please indicate ‘Yes’ if information in this template is provided on a consolidated basis and not at the level of the institution
Information Group
Information item
Information value
(quantitative as required by the grid, or qualitative to be provided in free text)
Comments
Deposit-guarantee scheme
Name of the deposit-guarantee scheme to which the institution belongs
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Maximum coverage of the deposit-guarantee scheme per eligible depositor
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Scope of coverage, the types of deposits covered and any exclusion from the coverage, including products and types of depositors
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Funding arrangements of the deposit-guarantee scheme, in particular whether the scheme is funded ex ante or ex post and the volume of the scheme
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
Contact details of the administrator of the deposit-guarantee scheme
[free text answering the question at the reporting date. Should there be no changes compared to the previous reporting period, competent authorities may refer to already provided information or update accordingly]
PART 6
ANNUAL ADDITIONAL
Additional information to be exchanged concerning the management and ownership of individual institutions, their liquidity and funding policies, liquidity and funding contingency plans and preparations for emergency situations
Legal reference:
Articles 3, 4(3) and 14 of Delegated Regulation (EU) No 524/2014
Frequency of the information exchange:
Annually
Competent Authority:
Institution name:
Reference date (31/12/YYYY):
Submission date (DD/MM/YYYY):
Information provided on consolidated basis (Yes/No)
Please indicate ‘Yes’ if information in this template is provided on a consolidated basis and not at the level of the institution
Additional information to be exchanged concerning the management and ownership of the institution and preparations for emergency situations
1.
Current organisational structure of the institution including its business lines and its relationships to entities within the group
2.
Emergency contact details of persons within the competent authorities who are responsible for handling emergency situations and communication procedures that shall apply in emergency situations
Additional information to be exchanged with the competent authorities of a host Member State supervising a significant branch
1.
Current structure of the management body and senior management, including the allocation of responsibility for the oversight of the branch
2.
Current list of shareholders and members with qualifying holdings based on information provided by the credit institution in accordance with Article 26(1) of Directive 2013/36/EU
3.
Liquidity and funding policy of the institution, including descriptions of the funding arrangements for its branches, any intra-group support arrangements, and procedures for centralised cash pooling
4.
Liquidity and funding contingency plans of the institution, including information on the assumed stress scenarios
ANNEX II
Template for the information exchange in case of liquidity stress
Legal reference:
Article 17 of the Commission Delegated Regulation (EU) No 524/2014
Competent Authority:
Institution name:
Submission date (DD/MM/YYYY):
Information provided on consolidated basis (Yes/No)
Please indicate ‘Yes’ if information in this template is provided on a consolidated basis and not at the level of the institution
SECTION 1
Description of the liquidity stress situation
Question/Information item
Response/value
Has a stress situation occurred or is this likely to occur within the next month or beyond (please specify time period)?
[free text answering the question]
Description of the situation including the underlying cause of the stress situation
[free text answering the question]
What will happen next? What should happen which would concern the competent authority?
[free text answering the question]
Have contingency plans such as contingency funding plans been triggered?
[free text answering the question]
Expected impact of the situation on contagion risk within the home Member State's banking sector over the next 3-6 months
[free text answering the question]
Expected impact of the situation on the institution, including its critical economic functions, over the next 3-6 months
[free text answering the question]
Expect impact of the situation on the activities of the branch over the next 3-6 months
[free text answering the question]
SECTION 2
Actions and Recovery
Please list actions taken so far by the institution or competent authority to mitigate the cause of the stress. Give details on the impact these actions have had:
Action and who took the action
Impact
free text
free text
free text
free text
free text
free text
Please list future actions planned by the institution or competent authority to mitigate the cause of the stress. Give details on the timescale for taking these actions and their expected impact:
Action and who will take the action
Timescale
Impact
free text
free text
free text
free text
free text
free text
free text
free text
free text
What are the future milestones and trigger points for further action?
[free text answering the question]
Please list actions taken by the institution or competent authority to improve the liquidity position. Give details on their quantitative impact.
Action and who took the action
Impact
free text
free text
free text
free text
free text
free text
Please list the future actions planned by the institution or competent authority to improve the liquidity position. Give details on the timescale for taking these actions and their expected impact
Action and who will take the action
Timescale
Impact
free text
free text
free text
free text
free text
free text
free text
free text
free text
What are the future milestones and trigger points for further action?
[free text answering the question]
In addition, please provide the latest available quantitative information regarding liquidity as specified in Article 4(1)(c)-(h) of the Delegated Regulation (EU) No 524/2014 (see also the templates specified in Part I or 2 of Annex I) |
16.12.2014
EN
Official Journal of the European Union
L 359/161
COMMISSION IMPLEMENTING DECISION
of 12 December 2014
concerning certain protective measures with regard to confirmed occurrences of the small hive beetle in Italy
(notified under document C(2014) 9415)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2014/909/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(4) 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(4) thereof,
Whereas:
(1)
The small hive beetle (Aethina tumida) is a parasite of bees. It is endemic in sub-Saharan Africa and capable of multiplying rapidly in the presence of bee brood and comb honey. Adult specimens can fly up to several kilometres to invade other such places. The small hive beetle is a notifiable disease in the Union under Council Directive 92/65/EEC (3).
(2)
On 11 September 2014, Italy informed the Commission of the occurrence of the small hive beetle in a nucleus colony, set up by a University department located in the region of Calabria.
(3)
Italy immediately put in place measures in order to eradicate and prevent the spread of the small hive beetle, as well as to survey the extent of the occurrence of that parasite in the areas surrounding the outbreak in Calabria. In particular, a protection zone with a 20 km radius and a surveillance zone with a 100 km radius from the site of the outbreak were established. The areas of a 100 km radius also concern the provinces of Messina and Catania in Sicily.
(4)
After discovering the occurrence of the small hive beetle in other apiaries close to the site of the first occurrence, Italy extended the measures, including the establishment of a surveillance zone and a ban on the movement of honey bees and bumblebees (Bombus spp.) to cover the whole region of Calabria.
(5)
Since the date of the first occurrence of the small hive beetle in Calabria, another 35 occurrences have been confirmed in apiaries located in close proximity in the protection zone of 20 km radius. Controls carried out in other parts of Calabria have so far given negative results for the presence of the parasite.
(6)
On 7 November 2014, Italy informed about a new occurrence of small hive beetle in the Sicilian province of Siracusa which is located outside the areas previously under restriction. The occurrence was detected in an apiary which was moved from the protection zone in Calabria at the end of August 2014, before the implementation of the restrictive measures.
(7)
In all positive cases, the affected apiaries have been destroyed; however, the spread of the small hive beetle from the affected area in Italy could constitute a serious hazard to honey bees and bumblebees in the Union.
(8)
In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, as well as to prevent the spread of the small hive beetle to other parts of the Union, it is necessary to establish at Union level a list of the areas in Italy that should be subject to certain movement restrictions for commodities in relation to the occurrence of the small hive beetle.
(9)
In addition these areas need to be taken into account as reference also in intra-EU trade certification as the health certificate for trade in bees and bumblebees set out in Part 2 of Annex E to Directive 92/65/EEC states that they must come from an area of at least 100 km radius which is not the subject of any restrictions associated with the suspicion or confirmed occurrence of the small hive beetle and where such infestations are absent.
(10)
The measures provided for in this Decision should be reviewed in the light of the evolution of the epidemiological situation of the small hive beetle in Italy within a period of eight months from the date of adoption of this Decision.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
This Decision lays down the protective measures to be taken by Italy following the confirmed occurrences of the small hive beetle (Aethina tumida) in honey bees (Apis mellifera), in the areas listed in the Annex.
Article 2
For the purposes of this Decision, the following definitions shall apply:
(a)
‘beehive’ means:
(i)
a shelter built for honey bees;
(ii)
a container or colony of bumblebees (Bombus spp.);
(b)
‘apiary’ means a group of beehives and the premises or facilities within a geographical location, in which this group of beehives are kept or have been kept;
(c)
‘unprocessed apiculture by-products’ means honey, beeswax, royal jelly, propolis or pollen not intended for human consumption as defined in point 10 of Annex I to Commission Regulation (EU) No 142/2011 (4) which have not undergone any processing procedure as referred to in row 10 of column 4 of Table 2 set out in Section 1 of Chapter II of Annex XIV to that Regulation;
(d)
‘beekeeping equipment’ means used beehives, parts of beehives and utensils used in beekeeping activities.
Article 3
1. Italy shall ensure that the following protective measures are implemented in the areas listed in the Annex:
(a)
a ban on the dispatch of consignments of the following commodities from the areas listed in the Annex to other areas of the Union:
(i)
honey bees;
(ii)
bumblebees;
(iii)
unprocessed apiculture by-products;
(iv)
beekeeping equipment;
(v)
comb honey intended for human consumption;
(b)
the carrying out of immediate inspections and epidemiological investigations, including:
(i)
the identification and tracing of movements of commodities referred to in Article 3(1)(a) to and from apiaries and honey extraction establishments situated in an area of 20 km radius around the beehive(s) where the occurrence(s) of the small hive beetle has been confirmed;
(ii)
the notification of the results of such immediate inspections and epidemiological investigations to the Commission.
2. Italy shall carry out further inspections and epidemiological investigations, including the tracing of previous movements of commodities referred to in Article 3(1)(a) from and to the areas listed in the Annex.
3. On the basis of the results of the inspections and epidemiological investigations provided for in paragraph 1(b) and paragraph 2, Italy may implement additional appropriate protective measures as necessary.
4. Italy shall inform the Commission and the Member States of the implementation of the protective measures provided for in paragraphs 1, 2 and 3.
Article 4
This Decision shall apply until 31 May 2015.
Article 5
This Decision is addressed to the Italian Republic.
Done at Brussels, 12 December 2014.
For the Commission
Vytenis ANDRIUKAITIS
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 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 (OJ L 268, 14.9.1992, p. 54).
(4) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).
ANNEX
Member State
Areas subject to protective measures
Italy
Region of Calabria: whole Region
Region of Sicily: whole Region |
24.4.2014
EN
Official Journal of the European Union
L 121/17
COMMISSION IMPLEMENTING REGULATION (EU) No 408/2014
of 23 April 2014
approving synthetic amorphous silicon dioxide as an existing active substance for use in biocidal products for product-type 18
(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 the third subparagraph of Article 89(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes silicon dioxide.
(2)
Silicon dioxide has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive, which corresponds to product-type 18 as defined in Annex V to Regulation (EU) No 528/2012.
(3)
The data submitted for the purpose of the evaluation allowed conclusions to be drawn only regarding a certain form of silicon dioxide, i.e. synthetic amorphous silicon dioxide described as wet silica CAS No 112926-00-8. The evaluation did not allow conclusions to be drawn regarding any other substance complying with the definition of silicon dioxide CAS No 7631-86-9 in the abovementioned list of active substances in Regulation (EC) No 1451/2007. Therefore, only synthetic amorphous silicon dioxide should be covered by the approval.
(4)
France was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 16 April 2009 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
(5)
The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated in an assessment report reviewed within the Standing Committee on Biocidal Products on 13 March 2014.
(6)
According to that assessment report, biocidal products used for product-type 18 and containing synthetic amorphous silicon dioxide may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, provided that certain specifications and conditions relating to its use are satisfied.
(7)
It is therefore appropriate to approve synthetic amorphous silicon dioxide for use in biocidal products for product-type 18 subject to compliance with such specifications and conditions.
(8)
Since synthetic amorphous silicon dioxide as evaluated is a nanomaterial, the approval should cover such nanomaterials pursuant to Article 4(4) of Regulation (EU) No 528/2012 provided that certain specifications and conditions relating to their use are satisfied.
(9)
A reasonable period should be allowed to elapse before an active substance is approved, in order to permit interested parties to take the preparatory measures necessary to meet the new requirements laid down.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS REGULATION:
Article 1
Synthetic amorphous silicon dioxide shall be approved as an active substance for use in biocidal products for product-type 18, subject to the specifications and conditions set out in the 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, 23 April 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 167, 27.6.2012, p. 1.
(2) Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).
(3) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).
ANNEX
Common Name
IUPAC Name
Identification Numbers
Minimum degree of purity of the active substance (1)
Reference structural characteristics (2)
Date of approval
Expiry date of approval
Product type
Specific conditions (3)
Synthetic amorphous silicon dioxide (nano)
IUPAC Name:
Silicon dioxide
EC No: 231-545-4
CAS No: 112926-00-8
This approval covers synthetic amorphous silicon dioxide as a nanomaterial in the form of stable aggregated particles of particle size 1 μm, with primary particles of nanosize.
800 g/kg
—
Size of stable aggregated particles 1 μm
—
Primary particle size 25 nm
—
Volume specific surface area 600 m2/cm3
1 November 2015
31 October 2025
The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.
(1) The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.
(2) The structural characteristics indicated in this column were the ones of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012.
(3) For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm |
23.8.2014
EN
Official Journal of the European Union
L 251/7
COUNCIL DECISION 2014/538/CFSP
of 8 July 2014
on the signing and conclusion of the Agreement between the European Union and the Republic of Colombia establishing a framework for the participation of the Republic of Colombia in European Union crisis management operations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
Conditions regarding the participation of third States in Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than being defined on a case-by-case basis for each operation concerned.
(2)
Following the adoption of a Decision by the Council on 17 February 2014 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an Agreement between the European Union and the Republic of Colombia establishing a framework for the participation of the Republic of Colombia in European Union crisis management operations (‘the Agreement’).
(3)
The Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Republic of Colombia establishing a framework for the participation of the Republic of Colombia in the European Union crisis management operations 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 is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
Article 3
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 17(1) of the Agreement (1).
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 8 July 2014.
For the Council
The President
P. C. PADOAN
(1) 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. |
18.9.2014
EN
Official Journal of the European Union
L 276/1
COUNCIL DECISION
of 18 February 2014
on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
(2014/665/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) 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,
Whereas:
(1)
On 24 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, with the former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia, 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 was approved by the Government of the former Yugoslav Republic of Macedonia, through an Exchange of Letters on 25 October 2013.
(3)
The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.
(4)
The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.
(5)
In view of Croatia's accession to the Union on 1 July 2013, the Protocol should be applied on a provisional basis from that date, pending the completion of the procedures for its conclusion,
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
Article 3
The Protocol shall be applied on a provisional basis, in accordance with its Article 13(2), as from 1 July 2013, pending the completion of the procedures for its conclusion.
Article 4
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 18 February 2014.
For the Council
The President
G. STOURNARAS |
12.7.2014
EN
Official Journal of the European Union
L 205/25
COMMISSION DECISION
of 4 February 2014
on State aid No SA.21817 (C 3/07) (ex NN 66/06) implemented by Spain
Spanish Electricity Tariffs: consumers
(notified under document C(2013) 7741)
(Only the Spanish text is authentic)
(Text with EEA relevance)
(2014/456/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments,
Whereas:
1. PROCEDURE
(1)
By letter dated 27 April 2006, the undertakings Céntrica plc and Céntrica Energía S.L.U. (hereinafter collectively referred to as ‘Céntrica’) filed a complaint with the Commission regarding the system of regulated electricity tariffs implemented in Spain in 2005.
(2)
By letter dated 27 July 2006, the Commission asked the Spanish authorities to provide information on the above measure. The Commission received this information by letter dated 22 August 2006.
(3)
On 12 October 2006, the case was registered as non-notified aid (Case NN 66/06).
(4)
By letter dated 9 November 2006, the Commission asked the Spanish authorities for additional clarifications on the measure. The Spanish authorities replied by letter dated 12 December 2006.
(5)
By letter dated 24 January 2007, the Commission informed the Spanish authorities that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union in respect of the measure.
(6)
The Commission Decision was published in the Official Journal of the European Union (2). The Commission invited interested parties to submit their comments on the measure.
(7)
The Spanish authorities submitted their observations by letter dated 26 February 2007.
(8)
The Commission received comments from the following interested parties: the Regional Government of Galicia (Xunta de Galicia) (letter dated 23 March 2007), Céntrica (letters dated 26 March 2007 and 3 July 2007), ACIE — Association of Independent Energy Suppliers (letter dated 26 March 2007), Government of Asturias (letter dated 27 March 2007), AEGE — Association of Energy-Intensive Users (letter dated 2 April 2007, with a supplement of 21 November 2011), Asturiana de Zinc — AZSA (letter dated 3 April 2007), Ferroatlántica — a metal producer (letter dated 3 April 2007), Alcoa (letter dated 3 April 2007), UNESA — Spanish Electricity Industry Association (letter dated 25 April 2007), ENEL Viesgo (letter dated 26 April 2007), Iberdrola (letter dated 26 April 2007), Union Fenosa Distribución (letter dated 27 April 2007), Hidrocantábrico Distribución Electrica (letter dated 27 April 2007), Endesa Distribución Electrica (letter dated 27 April 2007).
(9)
By letters dated 15 May 2007 and 6 July 2007, the Commission forwarded the interested parties' comments to the Spanish authorities, who were given the opportunity to react; their comments were received by letter dated 2 August 2007.
(10)
Further information was submitted by Céntrica by letters dated 1 June 2007, 28 August 2007, 4 February 2008 and 1 March 2008, by AEGE by letter dated 21 November 2011 and by Ferroatlántica by letter dated 5 December 2011.
(11)
By letters dated 30 July 2009, 19 March 2010, 6 October 2011, 12 April 2012, 31 August 2012, 4 February 2013 and 17 July 2013, the Commission asked the Spanish authorities to provide further clarifications on the measure. The authorities replied by letters dated 5 October 2009, 26 April 2010, 7 December 2011, 12 June 2012, 18 October 2012, 11 February 2013 and 4 October 2013.
(12)
On 19 April 2013 the file was split into two parts: the present case, namely Case SA.21817 (C 3/07, ex NN 66/06), which concerns aid to electricity end-users, and Case SA.36559 (C3a/07, ex NN 66/06), which concerns aid to electricity distributors. The present Decision deals only with possible aid to electricity end-users included in the scope of the procedure, that is, excluding households and small businesses.
2. DETAILED DESCRIPTION OF THE MEASURE
THE SPANISH ELECTRICITY SYSTEM IN 2005
(13)
In the legislative framework established by Law 54/1997 of 27 November 1997 (Ley del Sector Eléctrico, hereinafter ‘LSE’), applicable in 2005, the supply of electricity to end-users at regulated tariffs was categorised as a regulated activity. This task was assigned by the Law to distributors.
(14)
In 2005 all end-users of electricity in the Spanish market could choose whether to negotiate supply contracts with independent suppliers or be supplied at regulated tariffs set by the State. In the regulated market, every end-user who so requested had the right to be supplied by its local distributor at the integral regulated tariff (all-inclusive price) having regard to its consumption profile and consumption volume. In the free market, customers paid a network access charge, which was also regulated, in addition to which they had to meet the costs of energy supply. Since the completion of the reform of the electricity sector in 2009, distributors no longer supply electricity at integral regulated tariffs.
(15)
Integral regulated tariffs and regulated network access charges were decided ex ante for the whole year, normally before N – 1 year-end, but could be adjusted in the course of the year (3). However, annual tariff increases were subject to a maximum cap (4). In principle, tariffs and charges were set, on the basis of forecasts, to ensure that the regulated revenues resulting from their application would suffice to cover the electricity system's total regulated costs. These regulated costs of the system included, in 2005, the costs of energy supply at integral tariffs, the costs of purchasing energy from special schemes (renewable sources, cogeneration, etc.), transport and distribution costs, demand management measures, additional electricity generation costs in the Spanish islands, support for coal, previous years' deficits, etc. There were no rules earmarking a particular category of revenues, or a proportion thereof, for a particular category of costs or proportion thereof. As a result, revenues from network access charges, for example, were not earmarked in whole or in part to finance, for example, subsidies for electricity from renewable sources or electricity produced in the Spanish islands.
(16)
In 2005 there were no fewer than 25 regulated tariffs for end-users, depending on the consumption level, the consumption profile, the intended consumer and the network connection voltage. At the same time, nine other regulated network access charges were applied to end-users in the free market, also based on connection voltage and other characteristics.
(17)
On 30 December 2004, the Spanish authorities set the electricity tariffs applicable in 2005 (5), corresponding to the following user categories:
INTEGRAL TARIFFS
Low voltage
1.0.
Power up to 770 kW
2.0.
General, power not above 15 kW
3.0.
General
4.0.
General, long use
B.0
Public lighting
R.0
Agricultural irrigation
High voltage
General tariffs
Short use
1.1.
General, not above 36 kV
1.2.
General, between 36 and 72,5 kV
1.3.
General, between 72,5 and 145 kV
1.4.
General, above 145 kV
Medium use
2.1.
Not above 36 kV
2.2.
Between 36 and 72,5 kV
2.3.
Between 72,5 and 145 kV
2.4.
Above 145 kV
Long use
3.1.
Not above 36 kV
3.2.
Between 36 and 72,5 kV
3.3.
Between 72,5 and 145 kV
3.4.
Above 145 kV
Traction tariffs (Tarifas de tracción)
T.1
Not above 36 kV
T.2
Between 36 and 72,5 kV
T.3
Between 72,5 kV and 145 kV
Agricultural irrigation
R.1
Not above 36 kV
R.2
Between 36 and 72,5 kV
R.3
Between 72,5 and 145 kV
G. Tariff for large consumers (G4)
Tariffs for sales to distributors
D.1
Not above 36 kV
D.2
Between 36 and 72,5 kV
D.3
Between 72,5 and 145 kV
D.4
Above 145 kV
ACCESS TARIFFS
Low voltage
2,0 A
Ordinary low-voltage access tariff
2,0 NA
Simple low-voltage access tariffs with day/night discrimination
3,0 A
General low-voltage access tariff
High voltage
3.1.A
Access tariff for voltages not above 36 kV (power not above 450 kW)
6.1
Access tariff for voltages not above 36 kV (power above 450 kW)
6.2
Access tariff for voltages above 36 kV and not above 72,5 kV (power above 450 kW)
6.3
Access tariff for voltages above 72 kV and not above 145 kV (power above 450 kW)
6.4
Access tariff for voltages above 145 kV (power above 450 kW)
6.5
Access tariff for international exchanges
(18)
Integral regulated tariffs could be split into a component designed to cover transport, distribution and general system costs (network access charge) and a component reflecting the cost of procuring electricity in the wholesale market (energy component). Additionally, a system of discounts on integral tariffs was applied to demand management services (e.g. accepted interruptions in power supply upon notice or consumption concentrated in off-peak periods). From 2005 Spain introduced changes in the system of regulated tariffs. The last of these was made in 2013, when Spain adopted a new legislative framework for the electricity sector (Law 24/13) which included, among other measures, the reform of regulation of retail market prices. Spain announced that this new law and its implementing provisions would be drawn up in 2014. Below are some of the basic integral tariffs for the lowest tariff level of the categories referred to above (i.e. not above 145 kV) applicable from 1 January 2005:
Table 1
Basic amount integral regulated tariffs 2005
A/Power component
B/Energy component
Integral tariff (A + B)
EUR/kW month
EUR/kWh
EUR/MWh
Low voltage
1.0
Power 770 W
0,277110
0,062287
62,67
3.0
General
1,430269
0,083728
85,71
4.0
General, long use
2,284634
0,076513
79,69
High voltage
1.4
Short use, general 145 kV
1,759358
0,058412
60,86
2.4
Medium use, general 145 kV
3,632629
0,053224
58,27
3.4
Long use, general 145 kV
9,511921
0,042908
56,12
G.
Large consumers G4
10,208070
0,011265
25,44
Source: Annex I to Royal Decree 2392/2004, Commission's calculations.
(19)
The Spanish National Energy Commission (Comisión Nacional de Energía — CNE), the Spanish regulator, has stated that, on average, integral tariffs in 2005 did not reflect all the costs of supply, in particular the cost of procuring energy in the wholesale market. In particular, as shown in the graph below, only in the five months between January and February 2005 and then again between April and June 2005 were the prices implicit in the average integral regulated tariffs below average prices in the wholesale electricity market. Conversely, between October 2006 and December 2007 the opposite occurred: during this 14-month period, average wholesale prices fell sharply below the energy prices implicit in the average integral regulated tariffs, well above the difference observed in the seven months of 2005 when wholesale prices were higher than those implicit in integral tariffs.
Graph 1
Weighted average wholesale price vs energy price implicit in integral tariff
Source: CNE — Report on development of competition in gas and electricity markets. Period 2005/2007, p. 84.
THE 2005 TARIFF DEFICIT
(20)
The accounts of the electricity system, based on actual regulated revenues and costs, were settled once a year. In 2005, the level at which the regulated tariffs and the network access charges were set did not generate sufficient revenues to enable the system to recover all the regulated costs documented ex post for the entire year. The final settlement process for 2005, carried out by the CNE at year-end, established a deficit of EUR 3 811 million. It was not the first time that the settlement process had given rise to a deficit, although the size of the 2005 deficit was unprecedented. In 2000, 2001 and 2002 lower deficits were recorded.
(21)
In particular, the government underestimated the actual costs of electricity procurement. Whereas electricity consumption by end-users in both the regulated and the free market developed in 2005 roughly as predicted in December 2004, a series of unforeseen price increases during the year set wholesale prices at EUR 62,4/MWh in 2005 compared with EUR 35,61/MWh in 2004, bringing the average wholesale price in 2005 to EUR 59,47/MWh. The causes of this increase include an unusually dry year, which reduced hydroelectric power production by 55 %, a rise in oil prices, the impact of the market price of CO2 emission allowances received free of charge under the Emissions Trading System and an increase in the demand for energy higher than GDP growth.
(22)
Another important factor which contributed to increasing the general costs of the system was the high level of aid for the production of renewable energy. In particular, renewable producers could opt for direct participation in the wholesale electricity market or ‘pool’. In 2005 this option was particularly attractive and as a result, more renewable producers than expected participated in the pool, leading to higher costs for the system. In addition, direct aid to the energy costs of electricity under the special scheme (renewables, cogeneration), which were entered in the accounts as a regulated cost, amounted to EUR 2 701 million in 2005. By way of illustration, the system's transport and distribution costs amounted to EUR 4 410 million in 2005.
Mechanism adopted to pre-finance the deficit
(23)
The development of the deficit did not go unnoticed. Already in March 2005, when it became clear that a tariff deficit was developing, by Article 24 of Royal Decree-Law 5/2005 (6) the Spanish authorities stipulated that the funds required to bridge the gap between the costs and revenues of the electricity system would be provided by Spain's five biggest ‘entitled electricity utilities’, which were those entitled to receive compensation for stranded costs (7), on the basis of the following percentages:
—
Iberdrola, S.A.: 35,01 %;
—
Unión Eléctrica Fenosa, S.A.: 12,84 %;
—
Hidroeléctrica del Cantábrico; S.A: 6,08 %;
—
Endesa, S.A.: 44,16 %;
—
Elcogas, S.A.: 1,91 %
(24)
Decree-Law 5/2005 laid down that the future deficit be imputed to the above five companies as a negative balance in an existing deposit account used by the CNE to pay stranded costs to these companies. This meant in practice that the utilities were required to advance the funds. The negative balance in the stranded costs account would give rise to collection rights, consisting in the right of the utilities to collect revenue from electricity consumers in the future. These rights could be securitised and sold on the market by the utilities. The collection rights assigned to these utilities yielded a minimum interest rate (3-month Euribor, calculated as the average Euribor rates for November of the previous year, without any spread).
Mechanism adopted to recover the deficit from end-users
(25)
In June 2006, the Spanish authorities took a decision concerning the arrangements for recovering the 2005 deficit from electricity consumers via the regulated tariffs. By Royal Decree 809/2006 (8), the Spanish authorities laid down that the 2005 deficit (or, more precisely, the collection rights attributed to the utilities) would be repaid by consumers over fourteen and a half years by means of a special surcharge applied to both integral and access tariffs. The surcharge, calculated as the yearly amount required to recover linearly the net present value of the 2005 deficit over 14,5 years, was set at 1,378 % of the integral tariff, and at 3,975 % of the access tariff for 2006. The applicable interest rate was the 3-month Euribor.
(26)
This surcharge was regarded as a ‘specifically earmarked contribution’ (cuota con destino específico). The Spanish authorities established that the revenues from the contribution to finance the 2005 deficit would accrue in the deposit account managed by the CNE. The CNE would then transfer the funds to the owners of the collection rights, i.e. the generators that financed the deficit or the entities that had subsequently purchased the collection rights from them, according to the share of the deficit financed by each of them.
Effects of the tariff deficit on the Spanish market
(27)
In 2005, 37,49 % of electricity demand in Spain was procured on the free market. This quantity corresponds to a relatively small number of consumers; only 8,5 % of consumers purchased energy on the free market, whereas 91,5 % remained on regulated tariffs (down from 97 % in 2004). High-voltage customers (above all industrial customers) were the main category present on the free market; 38,9 % of them had exercised their option and their purchases accounted for 29 % of total electricity consumption in mainland Spain in 2005. The vast majority of households and small low-voltage consumers, which could opt for the free market from 2003 (9), were still on regulated tariffs; however, in 2005 a significant proportion of them also opted for the free market. On 31 December 2005, over 2 million consumers were in the free market (compared with 1,3 million in 2004).
(28)
However, the price advantage afforded on average by the regulated tariffs in 2005 should be considered in parallel with the return of consumers to the regulated market, albeit with a certain time lag. As shown in Table 2 below, the number of consumers supplied in the free market increased throughout 2005 but declined in 2006, bringing the percentage (8,15 %) to that reached in the first half of 2005. Likewise, the decline in the amount of energy supplied to end-users in the free market that was apparent in December 2004 continued in the first quarter of 2005. Although it halted significantly between June and September 2005, it continued in December 2005 and throughout 2006.
Table 2
Share of supply sites and energy in the free market (as a percentage of the total market) 2004-2006
Electricity
Mar
Jun
Sep
Dec
Mar
Jun
Sep
Dec
Mar
Jun
Sep
Dec
As a % of supply sites
1,53
2,82
4,21
5,73
7,42
9,42
10,37
10,66
10,20
9,28
8,86
8,15
As a % of energy
29,30
33,60
36,19
33,57
33,15
35,34
41,39
37,41
29,38
27,10
25,74
24,87
Source: CNE Report ‘Nota Informativa sobre los suministros de electricidad y gas natural en los mercados liberalizados, actualización 31 de diciembre de 2006’.
(29)
Although the impact of the losses borne by suppliers began to be felt by mid-2005, when wholesale prices started to increase considerably, supply contracts could not be terminated immediately. As a result, suppliers in the free market, particularly those which did not have generation capacity but had to procure electricity in the wholesale market, were forced to make offers under free-market conditions which matched the regulated tariff despite the possibility of incurring losses, or to charge higher prices reflecting actual procurement costs, thereby losing market share.
3. DECISION TO INITIATE PROCEEDINGS UNDER ARTICLE 108(2) OF THE TFEU
(30)
The Commission decision to initiate the formal investigation compared the regulated tariffs paid by various categories of end-user with the estimated prices they would have had to pay in the free market in the absence of these tariffs. The market price estimates were calculated on the basis of the price of electricity in the wholesale market, the network access charges and an average marketing margin estimated at EUR 10/MWh, as submitted by Céntrica.
Table 3
Price comparison by consumer category
Consumer category
Regulated tariff
(EUR/MWh)
Estimated market price (only wholesale price, plus access tariff)
(EUR/MWh)
Estimated market price (+ EUR 10 marketing margin)
1.
Large industrial consumers connected to the high-voltage network (G4 tariff)
23,9
61,17
71,17
2.
Large industrial consumers with interruptible supply
27,0
73,87-76,47
83,87-86,47
3.
Consumers connected to the high-voltage network
76,2
81,57
91,57
4.
Households
101,2
107,75
117,75
5.
Small industrial consumers or service companies connected to the low-voltage network
103,9
101,07
111,07
Source: Céntrica.
(31)
This table showed a significant advantage for the first two categories (large industrial users). For the other categories of end-user, the comparison is less conclusive but a small advantage can still be observed.
(32)
The decision found that this advantage had been granted selectively, since the artificially low regulated prices favoured undertakings using electricity rather than, for example, gas, as an energy source. Moreover, the existence of de facto and de jure selectivity was observed, in that the advantage was disproportionately bigger for large industrial end-users, which in certain cases benefited from all-inclusive prices that were less than half the energy component of estimated free-market prices.
(33)
The opening decision indicated that, by encouraging end-users to switch back to the regulated market, the system might also have benefited distributors, who appeared to have enjoyed a guaranteed profit margin on their regulated activities.
(34)
The decision also considered that the system involved a transfer of state resources, since the price surcharge used to repay the deficit constitutes a parafiscal levy, the proceeds of which transit through the Spanish Regulator CNE (a public body) before being channelled to the final beneficiaries. The decision concluded that, in the light of Court of Justice case-law on this matter, these funds should be regarded as state resources.
(35)
Considering that end-users operate in markets which are generally open to competition and trade within the EU, in the opening decision the Commission came to the conclusion that all the criteria laid down in Article 107(1) were fulfilled and that the measure constituted state aid in favour of end-users.
(36)
After noting that none of the derogations provided for in Article 107 TFEU seemed applicable, the opening decision assessed whether the provision of electricity at regulated tariffs could be considered a service of general economic interest (SGEI) and as such benefit from the derogation provided for in Article 106(2) TFEU. The decision stated that, in the electricity sector, Member States' margin of discretion in establishing public service obligations is limited by the provisions of Directive 2003/54/EC of the European Parliament and the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (10) (‘The Electricity Directive’). This Directive lays down an obligation for Member States to establish a universal service obligation (including notably the right to be supplied at reasonable prices) only for household consumers and small enterprises (11). The decision concluded that, in the light of the Electricity Directive, the provision of electricity at regulated tariffs to medium-sized or large undertakings could not be considered an SGEI in the strict sense of the term.
(37)
The Commission thus expressed serious doubts as to whether the elements of aid in the regulated tariffs that were applied to undertakings other than small enterprises could be considered compatible with the internal market.
(38)
The opening decision also found that it was possible that electricity distributors received state aid. This part of the case is the subject of a separate decision (case C 3a/07).
4. COMMENTS BY INTERESTED PARTIES
(39)
The Commission's invitation to submit comments on the decision to open the in-depth investigation attracted numerous submissions from large industrial consumers, distributors, independent suppliers and governments of Spain's Autonomous Communities. Only observations relevant to the alleged state aid in favour of electricity end-users will be summarised here.
COMMENTS FROM INDEPENDENT SUPPLIERS
(40)
Comments were received from Céntrica and ACIE, the Association of Independent Energy Suppliers. The arguments and conclusions are largely equivalent.
Comments from Céntrica and ACIE
(41)
The main focus of Céntrica's submission is the alleged advantage conferred on electricity distributors. However, the figures and arguments put forward by the company also suggest the presence of state aid for electricity end-users.
(42)
According to Céntrica, the coexistence between the free and regulated markets, and in particular the possibility for end-users to switch freely between the two, meant that the regulated tariffs acted as a price reference, or a de facto cap, on free-market prices. Suppliers could not charge prices higher than the regulated tariff, or they would fail to attract new customers and lose existing ones.
(43)
Normally, in a free market, the price paid by electricity end-users consists of two components: the network access charge and a ‘supply component’, which results from market mechanisms and goes to the retail supplier. In retail supply, profitability depends on whether the ‘supply component’ paid by customers covers the supplier's costs (i.e. energy procurement costs in the wholesale market or own generation costs in the case of a vertically integrated company) and a ‘marketing margin’, which includes other supply costs (marketing costs, IT systems, billing, etc.) and remuneration on the capital invested. Therefore, a free-market supplier could operate profitably in a given market segment only if there was a ‘positive marketing margin’, in other words a difference between the general costs incurred by the supplier in serving customers and the regulated tariff.
(44)
Céntrica substantiated the existence of a competitive disadvantage for free-market suppliers through calculations showing that there were no marketing margins in 2005 for any consumer category (12) (or that whatever margins existed at the beginning of the year were eroded during the year). This meant that the regulated tariffs were set too low for independent suppliers to compete profitably. According to Céntrica, it was not possible to compete for certain categories of end-user (notably energy-intensive users on the G4 tariff and other large industrial users) even before the emergence of a tariff deficit, since the integral tariffs never left any margin to compete. The competitive disadvantage alleged by Céntrica occurred above all in the user category comprising service undertakings and small industries connected to the low-voltage network, and in the household segment.
(45)
The figures provided by Céntrica, notably the comparison between regulated tariffs and estimated market prices, are taken over in the Commission's opening decision (see recital 30 and Table 3).
(46)
In Céntrica's view, the system breached the Electricity Directive, not only because of the discriminatory nature of the deficit arrangements (which compensated for the losses of distributors but not of suppliers) but also because consumers were deprived of the right to transparent prices and tariffs (13). Since part of the electricity price payable for 2005 was deferred to future years, the final prices charged were not transparent for consumers.
(47)
Besides, Céntrica claimed that the deficit repayment mechanism was not balanced for two main reasons: firstly, the deficit would be repaid mostly by low-voltage end-users, even though the users which contributed most to its creation were large high-voltage end-users. Secondly, end-users in the free market were required to pay for a deficit to which they did not contribute.
(48)
Céntrica supported the Commission's preliminary view that the Spanish deficit arrangements involved a transfer of state resources. Céntrica also held that state resources were involved in the Spanish Government's decision to allow generators to securitise their collection rights.
(49)
ACIE, the Association of Independent Energy Suppliers, estimates that the energy procurement cost taken as the basis for the regulated tariffs in 2005 was 68 % below the actual cost sustained by suppliers when purchasing energy in the wholesale market. ACIE underlined the severe repercussions that the 2005 tariff deficit had on independent suppliers. According to ACIE, suppliers in the free market were subject to similar procurement costs to those of distributors. Moreover, they were de facto obliged to adjust to the level of the integral tariff set by the government for each customer category, since otherwise they would not have been able to attract new customers or retain existing ones. In particular, ACIE points out that, at the beginning of 2005, its members concluded contracts based on the government's forecasts of wholesale prices, and that they later had to honour such contracts even though they turned out not to be profitable. As a result, independent suppliers experienced losses. Céntrica estimates that in 2005 it suffered losses of EUR 10 million. According to ACIE, several suppliers, including Saltea Comercial, Electranorte, CYD Energia and RWE, were forced out of the market.
COMMENTS FROM ENERGY-INTENSIVE USERS
(50)
Energy-intensive users took part in the procedure through their association AEGE (Asociación de Empresas con Gran Consumo de Energia). Some of them (Asturiana de Zinc, Ferroatlántica and Alcoa) also took part individually. Alcoa is an aluminium producer which operates three production facilities in Spain, located in San Ciprián, La Coruña and Avilés, which benefited from the G4 integral tariff (the interruptible tariff reserved for energy-intensive users) in 2005. Ferroatlántica is an aluminium and iron alloys producer which benefited from the 3.4 interruptible tariff. Asturiana de Zinc is a zinc producer which benefited from the G4 tariff for its plant in San Juan de Nieva.
(51)
In their observations, the energy-intensive users challenge the Commission's conclusion that the industrial tariffs (G4 and other interruptible tariffs) constitute state aid, arguing that the tariffs did not confer an economic advantage, did not involve state resources and did not affect competition and trade between Member States.
No economic advantage
(52)
In the opinion of energy-intensive users, the benchmark used in the opening decision to establish the presence of an advantage is incorrect. The Commission compared the industrial tariffs with the average wholesale market price (the pool price), which was considered representative of the cost these companies would have paid in the market under normal conditions. Since the industrial tariffs were found to be lower than the pool price, the opening decision concluded that the tariffs conferred an economic advantage on their beneficiaries.
(53)
Energy-intensive users claim that the pool is a spot market in which electricity is traded every hour for the following day. According to the energy-intensive users, the pool suffers from certain shortcomings that affect its efficiency and competitiveness. Consequently, the pool prices do not accurately reflect marginal generation costs and therefore do not reflect a situation of perfect competition. Large end-users, which consume large volumes of electricity and have flat consumption profiles, do not purchase from the pool, but typically enter into bilateral contracts with electricity suppliers. This is confirmed by OMEL's 2005 report, which shows that only seven of eligible users, representing 5 % of traded electricity, procured electricity directly on the pool.
(54)
In any event, even assuming that prices recorded on the pool could be considered a valid benchmark, it would not be correct to use the average wholesale price in 2005, as the Commission did, since this average price reflects the electricity demand of suppliers who served a varied portfolio of end-users, including households and small undertakings. According to AEGE, Ferroatlántica and Asturiana de Zinc, an appropriate benchmark would be the minimum price recorded on the pool in 2005, i.e. EUR 18,6/MWh, as this price would reflect the most competitive market conditions on the pool (where generators offer electricity at a price equivalent to their marginal costs). Large industrial consumers are not in a comparable situation to other end-users, particularly households. Therefore, the average pool price would not be the appropriate benchmark. According to Alcoa, the Commission should instead compare the contested tariffs with prices contracted bilaterally by large end-users.
(55)
Alcoa provided one example of a bilateral market price and indicated that its three aluminium plants had always benefited from the G4 tariff. However, Alcoa also owns an alumina plant (Alúmina Española) for which a bilateral contract was entered into with a supplier at the end of 2004. The contract was for two years, extendible for an additional year. The three aluminium plants have the same flat consumption profile as the alumina plants. However, the latter consume considerably lower volumes of electricity (0,35 TWh as against 1,3 TWh at the Avilés and La Coruña plants, and 3,4 TWh for the San Ciprián plant). The average price agreed on the basis of this contract was EUR 34,45/MWh (including the cost of the nuclear moratorium, network access costs and other ancillary costs). This price was obtained on the basis of a competitive tender, and suppliers' bids were within EUR 5 of each other.
(56)
According to Alcoa, the difference between this bilateral price (EUR 34,45/MWh) and the G4 tariff (EUR 23,9/MWh) can be explained by objective factors. In particular, users on the G4 tariff are subject to regulatory restrictions which do not apply to bilateral contracts, such as the obligation to use all the power contracted under the G4 tariff (subject to penalties), the requirement to own voltage control equipment, and the requirement to pay within 20 days (whereas bilateral contracts have better terms of payment).
(57)
Alcoa thus concludes that a hypothetical market price applicable to its three aluminium plants would be well below EUR 34,45/MWh because of the higher consumption level of these plants. Furthermore, if an average marketing margin of EUR 10/MWh was considered, the net cost of supply of the alumina plant would be EUR 24,25/MWh, which is very close to the G4 integral tariff.
(58)
Ferroatlántica pointed out that the opening decision misrepresented the 3,4 regulated tariff used in 2005 by wrongly including discounts in the basic tariff and comparing it with an access charge ten times higher than the one applicable (and that of very large consumers). Ferroatlántica also provided evidence that, while the monthly average market price in 2004 for forward contracts for electricity supply in 2005 was EUR 31,68/MWh, this price was EUR 31,05/MWh in December 2004. It would follow that a company would have obtained its basic electricity supply in 2005 at that price at the time when the regulated tariffs were set. After adding ‘additional services’ (EUR 3,92/MWh) and the relevant access tariff (EUR 1,70/MWh), an industrial user would have obtained a market price of EUR 36,67/MWh, which is below the amount of EUR 56,11/MWh of the 3,4 tariff applicable to energy-intensive users.
(59)
In fact, other discounts on that tariff remunerated the capacity to provide demand management services and the acceptance of these services for the benefit of the system. In this respect, Ferroatlántica adds that the discount on the tariff reflected various services supplied, namely, hourly discrimination (with night and weekend consumption), interruptibility (acceptance of supply upon request of the network operator), seasonality (with concentration of supply in low-demand months) and management of reactive energy. It is only these discounts, which were variable and set by regulation from 1995, and not the regulated tariff level, that explain and, in the view of Ferroatlántica, justify the lower average electricity price paid in 2005.
(60)
Energy-intensive users contest the statement in the opening decision that the advantage was not proportional to the volumes consumed, and tended to increase for large consumers. On this point, energy-intensive users claim, for example, that the CNE itself confirmed that the level of the G4 tariff should have been even lower. Energy-intensive users note that large consumers under the G4 or 3,4 tariff consumed several thousand times more electricity than average high-voltage consumers, while paying three times less than them.
(61)
Furthermore, it would be normal for large consumers to obtain a higher unit discount on the price. On this basis, energy-intensive users claim that the conclusion that the industrial tariffs involved an advantage is debatable. They point out that in any event it is for the Commission to provide conclusive proof of the existence of such an advantage.
(62)
Alcoa also indicated that the price paid by Alcoa in Spain was almost identical to the average weighted price paid by aluminium plants in the EU, and was even higher than the average weighted price paid in the EEA.
No state resources
(63)
Energy-intensive users submit that it was they who paid industrial tariffs directly to distributors, without the funds coming under the control of the State, and therefore, in line with the PreussenElektra case law, such an arrangement did not involve state resources.
(64)
Energy-intensive users argue that there was a time lapse between the setting of the tariffs, which took place at the end of 2004, and the adoption of the mechanism to recover the deficit from consumers, which did not take place until June 2006. In the opening decision, the Commission argued that state resources were involved because of the introduction of the surcharge in users' bills, which was qualified as a parafiscal charge. Energy-intensive users submit that, if this hypothesis is accepted, a measure which was not aid in 2005 would become aid (ex-post) in 2006. This would be contrary to fundamental principles of EU law such as legal certainty and legitimate expectation. Energy-intensive users point out that the classification of a measure as aid depends only on the circumstances existing at the time of its adoption, and cannot depend on future events, particularly when they are not reasonably predictable. They quote Advocate General Jacobs in the Van Calster case (14): ‘the situation should be assessed on the date of the initial introduction of the charges, and cannot be altered retroactively’.
(65)
Energy-intensive users submit that the 2005 regulated tariffs did not constitute state aid in 2005. These companies point out that, in these circumstances, the analysis of the financing mechanism is irrelevant, as the latter was introduced only in 2006. The assessment of the mode of financing would be relevant only if the measure constituted state aid from the outset. Since the tariffs did not include aid, energy-intensive users take the view that the Commission cannot rely on the surcharge to come to the opposite conclusion.
(66)
Energy-intensive users further submit that, in the case of parafiscal taxes, the mode of financing of a measure is in any event only relevant to the state aid assessment where the tax is ‘hypothecated to the aid’, i.e. when there is a direct and immediate link between the measure and its financing (15). Energy-intensive users deny the existence of such a link, as the surcharge was designed to cover a deficit which arose during the settlement of regulated activities, which concerned not only the provision of electricity at regulated tariffs, but also other system costs. The surcharge was therefore not specifically allocated to cover losses arising from the supply at regulated tariffs. Secondly, there was no direct or indirect link between the level of the tariffs and the surcharge applied, since the tariff set in 2004 was unconditional (not subject to further adjustments in later years).
(67)
Energy-intensive users also submit that the surcharge did not constitute a parafiscal charge or levy, because it was not of a fiscal nature under Spanish law. Fiscal measures are used to finance public expenditure, whereas in this case the aim of the surcharge was to recover a deficit that had been incurred by private operators (distributors) which carried out regulated activities within the electricity system. According to the Spanish Constitution, a new fiscal measure can only be introduced by a law (not by a Royal Decree). Furthermore, the State never owns or has discretion to dispose of the proceeds of the surcharge; these funds are transferred to a deposit account managed by the CNE, and cannot be appropriated by the State. The settlement process is fully automatic, and the CNE has no margin of discretion, autonomy or control over the destination or the amount of the funds to be settled for the various players.
(68)
According to energy-intensive users, this was recognized by the Commission in its Decision on the Spanish Stranded Costs (16), which stated that ‘the transfer of the amounts via the CNE is essentially for accounting purposes’ and does not conclude that the measure involved state resources.
(69)
Energy-intensive users submit that this situation is identical to the ‘stranded costs’ scenario, since in both cases the government introduced a surcharge aimed at compensating a permanent cost of the system. This line appeared to be confirmed also in a case involving the United Kingdom (17).
No impact on competition and trade
(70)
Asturiana de Zinc and Alcoa contend that, due to the specific characteristics of the aluminium and zinc markets, a measure concerning the price of electricity used in the production of these metals can have no impact on EU trade, since metals are commodities and their prices are set at world level on the London Metal Exchange. In these circumstances, variations in local production costs do not translate into differences in world prices.
(71)
The two companies submit that there is a growing production deficit in the EU for aluminium and zinc, while demand is increasingly being met by exports from non-EU states.
(72)
If the aluminium and zinc industries disappeared in Spain, no new EU entrant would step in, as EU (aluminium) plants are already working at full capacity, and no new entrant or existing producer would have an incentive to increase capacity, given that long-term prospects are uncertain as regards future availability of affordable power. The deficit would therefore be covered by imports alone.
(73)
Moreover, Alcoa claims that the interests of other European producers are not threatened by the tariffs, since they offer electricity at a price which is identical to the average price paid by other aluminium producers in EU-25.
Even if the industrial interruptible tariffs constituted aid, it would be ‘existing aid’
(74)
Energy-intensive users claim that the contested tariffs already existed before the accession of Spain to the EU.
(75)
Even though the denomination ‘G4 tariff’ was formally introduced by the Ministerial Order of 6 March 1986, it existed de facto already before 1 January 1986, the date of Spain's accession to the EU, since it corresponds to the former ‘long-use industrial tariff I’ established by Ministerial Order of 14 October 1983, i.e. before Spain's accession. All electricity end-users benefiting from industrial tariff I were automatically switched to the G4 tariff, which was de facto the same tariff under a new name.
(76)
The other interruptible tariffs are also explicitly provided for in the 1983 Ministerial Order.
(77)
Furthermore, according to energy-intensive users, the measure would constitute existing aid on the basis of Article 15 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (18), owing to the expiry of the 10-year limitation period.
Recovery would be precluded by legitimate expectations
(78)
Energy-intensive users submit that, even assuming that the tariffs could not be deemed to constitute existing aid, recovery would be precluded by the principle of legitimate expectation. Throughout 2005, the tariffs were a direct payment between private operators. Users could not have predicted that tariffs set in December 2004 would become aid by virtue of a government measure adopted in June 2006. No economic operator, however prudent, could have expected this change in its legal situation. Therefore, users had a legitimate expectation that their tariffs did not involve state aid.
COMMENTS FROM THE REGIONAL GOVERNMENTS OF GALICIA AND ASTURIAS
(79)
As regards possible aid to energy-intensive users, the Regional Government of Galicia submits that the Commission was wrong to use the pool price as a substitute for the market price, since energy-intensive users normally enter into long-term contracts on considerably better terms.
(80)
Given that the liberalisation of the Spanish market has not yet been completed, and given in particular the absence of bilateral contracts between producers and large consumers, the Regional Government of Galicia considers that it would make sense to use as a benchmark the actual costs paid by producers to supply these customers. An alternative would be to obtain a benchmark price based on the technical literature (Wilson, 1993 (19) and Castro-Rodriguez (20), 1999), by considering either the cost of the most efficient technology meeting the specific needs of energy-intensive users or the average cost of electricity during the different hours of the day. The gap between a benchmark price thus obtained and the regulated tariff paid in 2005 would be much lower. The Regional Government of Galicia further argues that, in any event, all Spanish users, including energy-intensive users, will, in time, repay the deficit caused by the lower tariffs applied in 2005.
(81)
Furthermore, according to the Regional Government of Galicia, the tariff system as it stood in 2005 was not legally selective, since the State did not intend to confer an advantage on end-users but merely made errors in its forecasts of market trends and prices when it set the tariffs in 2004. The Regional Government of Galicia also contests the conclusion that the system had an impact on trade within the EU.
(82)
The comments from the Asturias regional government are similar to those put forward by the Spanish Government, to which they refer.
OBSERVATIONS BY SPAIN
(83)
Spain maintains that the regulated tariffs system in 2005 did not involve aid, either for end-users or for distributors.
No causal link between state action and the deficit, and the deficit cannot be imputed to the State
(84)
Spain contends that the deficit is not imputable to the State since it was caused by unpredictable external circumstances and not by the State's deliberate intention to subsidise certain activities.
(85)
Spain submits that supply at regulated tariffs set by the State was not precluded by EU law in 2005. Therefore, state regulatory intervention was legally valid, as it was the expression of national sovereignty. One of these sovereign prerogatives consists in setting the tariffs so that expected costs match expected demand.
(86)
Spain submits that the 2005 deficit was caused by a discrepancy between the government's forecasts of wholesale electricity prices and the actual prices recorded on the pool. The exceptionally high prices of 2005 were driven by unpredictable causes amounting to force majeure.
(87)
Since the event generating the alleged aid was a higher-than-forecast increase in wholesale prices, the alleged advantage could not be imputable to any legal act. Even assuming that this advantage had existed (which is not the case), it would have been caused by circumstances unrelated to the State's intentions. The existence of force majeure, according to Spain, breaks the causal link between the administrative decision setting the level of the tariffs and the competitive advantage giving rise to state aid. Even assuming (which is not the case) that the objective condition of the causal link was met, the subjective condition of intentionality (imputability) on the part of the State would be absent.
No state resources
(88)
Spain submits that the tariffs did not involve public funds. Firstly, Spain claims in this respect that the surcharge is not a ‘charge’ within the meaning of the case-law of the European Court of Justice on parafiscal levies, because it is not collected by the State and does not correspond to a fiscal levy. According to Spain, the surcharge is an integral part of the tariff and is like a tariff in nature. The tariff is thus a private price.
(89)
Secondly, the funds are not collected by the State and are not paid into a fund designated by the State. The tariffs are collected by distributors, not by the State, and therefore they are private prices which ensure the equitable remuneration of the players (as laid down in the LSE). They are neither taxes nor public prices. The State does not remunerate anything, since it is the system that provided remuneration by virtue of market forces for non-regulated activities and by virtue of access tariffs set by the State as regards regulated activities. Since in such a system there is no burden for the State, no state resources would be involved, according to the Sloman Neptune case law (21). Furthermore, these funds never flow into the state coffers, are not mentioned in budgetary laws, are not subject to verification by the Court of Auditors, and cannot be recovered from debtors by means of administrative recovery procedures. Debts vis-à-vis the electricity system are not subject to the interest rate applicable to debts owed to the State.
(90)
Spain reiterates that these funds are handled by the Spanish Regulator, the CNE, which acts as a mere accounting intermediary. Spain points out that in its 2001 decision on the Spanish stranded costs (SA NN 49/99) the Commission had already established that ‘the transit of funds through the CNE is of an essentially accounting nature. The funds transferred to the account in the name of the CNE never became the property of this body, and were immediately paid to the beneficiaries according to a pre-determined amount which the CNE is unable to modify in any way’. On the basis of this consideration, the Commission came to the conclusion that ‘it [was] not in a position to determine whether the proceeds of the levy established within the framework of the Stranded Costs scheme constitute state resources’.
No advantage
(91)
Spain does not share the Commission's view that regulated tariffs confer an economic advantage on end-users (or distributors).
(92)
As regards end-users, after reiterating that the deficit is the result of force majeure, Spain contends that the deficit did not benefit large consumers, because it was passed on to the tariffs for the following years with interest. Therefore, the alleged economic advantage arising from a lower electricity price is only apparent, since the difference with respect to free market prices is repaid with interest by consumers.
Supply at regulated tariffs is a service of general economic interest
(93)
Spain submits that in 2005 the existence of regulated tariffs was not contrary to EU law, as the deadline for opening up the market to all consumers including households was 1 July 2007.
(94)
In particular, according to the Spanish authorities, electricity supply is a service of general interest, and the State must intervene to avoid abuses of dominant positions arising from the existence of a single network (natural monopoly).
(95)
The parameters for setting the tariffs were set in an objective and transparent way. The complex regulatory framework for setting the tariffs and the settlement procedure demonstrate, in Spain's view, that the tariff system was based on a thorough analysis of the costs and revenues of the system, and an analysis of electricity demand.
Undertaking from Spain
(96)
As noted in recitals 25 and 26, the deficit generated in 2005 is being repaid in annual instalments, which yield an interest rate set at the Euribor rate, without any spread. Without prejudice to its comments, Spain has undertaken to retrospectively raise the interest rate charged to business users with connections of more than 1 kV. The increase will be determined in proportion to the contribution to the 2005 deficit of business users which are the subject of the current proceedings, and which were supplied at integral regulated tariffs. It will result from the application of a spread of 65 basis points over the Euribor reference, thus aligning it broadly with the rate applied to the deficit in the following years.
(97)
The relevant amount will be charged to business users as follows: as regards the annual instalments of the part of the 2005 deficit which has already been repaid, a one-off increase in access tariffs will be applied; as regards the amounts still to be reimbursed, the higher interest rate will be applied directly to each annual amount, again in the form of higher access tariffs.
5. ASSESSMENT OF THE MEASURE
PRESENCE OF STATE AID PURSUANT TO ARTICLE 107(1) OF THE TFEU
(98)
A measure constitutes state aid within the meaning of Article 107(1) of the TFEU if the following conditions are met: the measure (a) confers an economic advantage on the beneficiary; (b) is granted by the State or through state resources; (c) is selective; (d) has an impact on intra-Community trade and is liable to distort competition within the EU. Since these conditions must all be met, the Commission will confine its assessment to the existence of an economic advantage conferred on the beneficiaries.
Presence of an economic advantage
(99)
Undertakings are favoured within the meaning of Article 107(1) of the TFEU if they obtain an economic advantage which they could not otherwise obtain under market conditions. In the case at hand, the assessment must establish, having regard also to the repayment of the 2005 deficit of the electricity system, whether there was any positive difference between the regulated tariffs set in 2005 and the market prices that the potential beneficiaries would have had to pay for the electricity purchased and the services supplied under their tariff regime. Any advantage with respect to market conditions must be established by reference to actual market prices. Both matters, i.e. the existence of positive differences — or the absence thereof — between electricity pool prices, market prices and regulated tariffs, and the repayment of the deficit, are examined in turn below.
Comparison with electricity pool average prices
(100)
The average prices of the electricity pool provide an indication of general price levels in the wholesale market. This average reference price was EUR 59,47 MWh in 2005, for the entire year. As indicated and illustrated in recital 19 (Graph 1), in seven non-consecutive months in 2005 average wholesale prices were above the electricity prices implicit in the integral regulated tariffs applied to all end-users. Therefore, the average tariff level set by Decree 2392/2004 appears to have given rise to a positive difference in favour of all the end-users which opted for regulated tariffs, at least for the majority of months in 2005.
(101)
However, in monthly periods of less than a year, this difference did not arise during the five months between January and May 2005. There was therefore no advantage for the entire regulated tariff system. Furthermore, if the comparison is made between periods of more than one year, e.g. until 30 December 2007, the possible accumulated advantage from June 2005 is more than cancelled out by the decrease in average pool prices, which fell sharply to EUR 37/MWh in March 2007, while the prices implicit in the integral regulated tariffs were around EUR 68/MWh during the same period. In fact, from October 2006 the electricity prices implicit in integral tariffs were much higher than wholesale supply prices (see Graph 1). Consequently, the benefits and economic advantages to consumers which were supplied at regulated tariffs, where pool prices are higher than the implicit cost of electricity in the regulated tariffs, may be cancelled out when pool prices are lower than the implicit cost of electricity.
(102)
It follows that, both in monthly periods of less than one year in 2005 and two-year periods encompassing part of 2005, the energy prices implicit in the regulated tariffs applicable in 2005 do not appear to have provided an advantage to the group of consumers supplied at regulated tariffs, when compared with the electricity pool wholesale prices. However, the fact is that revenue from access charges and regulated tariffs paid in respect of the whole electricity system were not sufficient to cover the regulated costs of the system in 2005. It must therefore be considered whether the mechanism in place is sufficient to guarantee repayment of the deficit.
Repayment of the 2005 deficit of the electricity system
(103)
As described in recitals 15 and 20-22 above, the accounts of the electricity system in 2005 encompassed all the regulated costs and regulated revenues of the system without assigning specific revenues to specific costs. For instance, transport and distribution costs (EUR 4 410 million) or cogeneration and renewable energy support costs (EUR 2 701 million) were not divided between, respectively, regulated revenues from integral tariffs in the regulated market and/or revenues from regulated access charges in the free market, and were not financed differentiating between these two types of revenue. In fact, all the system users receive a profit and can be expected to cover costs of support for efficient forms of cogeneration and renewable energy, or transport and distribution services. In this system of non-cumulative costs for each tariff, it is impossible ex post to objectively assign the distribution of costs to free market users and users at regulated tariffs and, within the latter category, to the 25 different tariff steps applicable in 2005. It follows that it is appropriate to examine the possible advantages, or absence thereof, of the 2005 deficit for the electricity system as a whole.
(104)
In this respect, Spain has put in place a mechanism for recovering the whole of the 2005 deficit. This is consistent with this universality of the accounts of the system applied during that period. The shortfall in regulated revenues of the electricity system to cover the system costs was addressed through the injection of resources collected through the ‘specifically earmarked contribution’ provided for by Royal Decree 809/2006. From mid-2006, recovery began through the application of a surcharge on the value of 1,378 % on integral regulated tariffs and 3,975 % on access charges and, thereafter, the surcharges needed to ensure that over 14,5 years ending in 2020, the EUR 3,8 billion plus interest is recovered (see recitals 25 and 26 above).
(105)
It follows that the revenue from the special contribution earmarked for financing the 2005 deficit allows system users to pay electricity bills, with the increase needed to balance the 2005 system accounts ex post, with a significant time lag.
(106)
Under these circumstances, the only debatable aspect of the method chosen in 2006 to repay the 2005 electricity system deficit and balance the accounts would be the low interest rate initially applied to the annual repayments, namely the Euribor reference rate without any spread. As described in more detail in recitals 96 and 97, Spain has undertaken to increase the interest rate applicable to the business users which are the subject of the present proceedings. Spain undertakes to apply a spread of 65 basis points over the reference interest rate.
(107)
Application of this modification to the measure initially applied to repay the 2005 deficit, which excludes households and small businesses that have paid the highest regulated tariffs under the correction mechanism, cancels out any hypothetical advantage the companies may have obtained from the deferral of payments from 2006. In addition, the application of a surcharge on the tariff means that the total amount recovered is, for each company, directly proportional to its electricity consumption. The more electricity consumed, the higher the surcharge.
Comparison with electricity market prices
(108)
Secondly, as noted by some interested parties, prices recorded in the electricity pool are not adequate benchmarks for comparing the electricity prices paid by large consumers under regulated tariffs with market prices. Indeed, based on the evidence in the 2005 report of the electricity market operator OMEL, only seven end-users accounting for 5 % of demand were sourcing electricity directly from the pool, compared with hundreds of industrial and large business users. Industrial and other large consumers, in particular energy-intensive consumers for whom energy accounts for a sizeable proportion of their production costs (typically 30-40 % for aluminium production) require and obtain predictable price and supply conditions. These conditions are established in contracts with longer terms than day-ahead. The prices quoted hourly on a day-ahead market such as the electricity pool are illustrative of average market prices for suppliers serving a varied portfolio of customers, including households. They are, however, not adequate benchmarks for determining the prices which energy-intensive users should pay in the free market under contracts with longer terms than day-ahead. Contrary to the opinion given in the opening decision, the investigation has shown that regulated tariffs lower than average pool prices do not necessarily imply an advantage over market conditions for industrial users, since the pool prices are not market prices for most of these users. This dispels the doubts raised in this connection.
(109)
Moreover, in Spain, the option of switching to the free market was not irreversible in 2005. Consumers were constantly able to choose between the most attractive offers in the regulated and free markets, which led to a degree of price convergence. The reversibility of supply options tends necessarily to depress retail market prices in situations of wholesale price-hikes like those in Spain from April 2005, whereas the opposite incentive to increase free market prices to bring them closer to the highest regulated tariff levels appears when the situation is reversed.
(110)
As confirmed by the association of independent suppliers (recitals 42-49), in 2005 suppliers in the free market had to honour their contracts or terminate them unilaterally, if this was possible, or else renegotiate their prices and adjust them upwards, taking the risk that their customers might switch to the regulated market. The operating losses that the free market suppliers claim to have incurred indicate that prices in the free market in 2005, especially for one-year contracts which were honoured, remained close to the respective regulated tariff levels, and, accordingly, that regulated tariffs did not de facto confer an economic advantage compared with actual prices in the free market.
(111)
This implies, therefore, that two hypothetical competing industrial users, one operating under a free market-based one-year electricity supply contract from January to December 2005 and the other obtaining supplies at regulated tariffs in the same period faced, all other things being equal, similar electricity costs. In fact, the only effect that the level of the regulated tariffs had on prices in the free market in 2005 was to confer on free-market users the indirect benefit of limiting price increases, even assuming that these increases were contractually possible during the year or, in the longer term, in the whole of 2005. The actual or potential competition between industrial users obtaining electricity in the free and regulated markets could not distort regulated tariffs.
(112)
Thirdly, in its opening decision, the Commission referred in particular to the low regulated tariff levels of EUR 23,9/MWh and EUR 27,0/MWh, applied in 2005 to large industrial consumers (G4 tariff) and to large industrial consumers with interruptible supply (e.g. 3,4 tariff), respectively, as shown in Table 3 in recital 30 above. As pointed out by certain third parties, the levels of regulated tariffs objected to in the opening decision are not tariffs but average prices after discounts. Without discounts, the basic tariff levels actually laid down in Decree 2392/2004 shown in Table 1 were, respectively, EUR 56,12/MWh (3,4 tariff) and EUR 25,44/MWh (G4 tariff).
(113)
In this respect, the formal investigation provided evidence that the regulated tariffs applicable to industrial users mentioned in the opening decision were at the level of the market prices applicable for the whole period between January and December 2005, as is shown below:
(114)
Firstly, evidence has been provided that there were bilateral market prices of EUR 34,45/MWh which were applied to energy-intensive users in the free market in 2005 (recitals 55-57). With a marketing margin lower than the average EUR 10 margin added in the decision opening the formal investigation, this market price shows a supply cost close to EUR 25,44/MWh of the lowest (G4) regulated tariff (EUR 23,9/MWh of average ex-post price). When account is taken of objective differences concerning supply under the regulated tariff, such as supply volumes 9,7 times higher, investment in control equipment and payment time limits, the fact that the regulated tariff was lower does not appear to have conferred any undue economic advantage on the beneficiaries.
(115)
Secondly, the evidence available shows that in December 2004 one-year contracts on baseload supply, based on forward market prices of EUR 31,05/MWh, could be concluded for supply between January and December 2005. A final market price (with additional services and access tariff) of EUR 36,67/MWh, which is lower than the relevant basic tariff level (tariff 3,4), was available for interruptible industrial users with strong load modulation (see recitals 16, 18 and 58 above).
(116)
Additional discounts available under regulated tariffs for demand management (e.g. load modulation, interruptibility) allowed for lower average prices in the regulated market for the users providing these services (22). These discounts, which were not specifically addressed in the opening decision, remunerated valuable demand-side services to the network, which required adjustments, investments or restrictions imposed in commercial or industrial processes. Load modulation requires energy-intensive industrial or commercial processes to be carried out in off-peak rather than peak periods in order to reduce consumption and voltage in the electricity network. In the same way, interruptibility services supplied to the network are economically useful since they consist, for the industrial user in question, in allowing the system operator to interrupt supply at short notice (from a few seconds to two hours) and for a long period (from one to 12 hours), as was the case with the relevant regulated tariffs in Spain.
(117)
The benefits of these services in terms of guaranteeing continuity of electricity supply are recognised in EU legislation. Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment (23) requires Member States to take account of demand management technologies and to take measures to remove the barriers preventing the use of interruptible contracts in order to maintain the balance between supply and demand. These services supplement and may even replace other means of regulation used by the network operator to guarantee that demand for electricity from the network is in line with supply, thereby avoiding interruptions and blackouts, which are socially and economically costly and may trigger sanctions or liabilities.
(118)
Specifically in the case of Spain, the absence of a significant interconnection capacity with other Member States and the significant penetration of intermittent electricity supply from renewable energy sources in 2005 make these services particularly valuable. The extent of their economic value and of the costs that may be avoided in the electricity system can be illustrated in terms of the costs borne by the Spanish network operator Red Eléctrica de España in purchasing balancing services. In 2005 Red Eléctrica de España paid, on average, EUR 65/MWh for secondary regulation services to increase energy (adding additional energy on line for between 15 seconds and 15 minutes to balance the network); for tertiary regulation of energy increase (adding additional energy on line between 15 minutes and 2 hours to restore the secondary regulation energy reserve), the average price in 2005 was EUR 78/MWh, going up to EUR 600/MWh (24). By flattening demand and removing it from peak times (load modulation) or providing the capacity to reduce it in critical situations (interruptible services), discounts on the relevant regulated tariffs (e.g. around EUR 32/MWh on the 3,4 tariff) appear to be economically justifiable.
(119)
In the absence of such discounts for demand-management measures, regulated tariffs for users connected to the high-voltage network (1,4 and 2,4 tariffs) stood at a much higher level, between EUR 58 and 61/MWh for the basic tariff and EUR 76,2/MWh for the average actual price. When compared with forward market prices of EUR 31,05/MWh available for the period between January and December 2005, it cannot be considered that the market prices are higher than the regulated tariffs applicable to the vast majority of high-consumption industrial and commercial users.
(120)
It follows that, although the prices registered in the electricity pool are not an appropriate benchmark for comparison with the electricity prices paid by large industrial and commercial users, the actual market prices applicable to supplies of electricity to end-users which were supplied at regulated tariffs in 2005 were in line with the respective levels of regulated tariffs.
6. CONCLUSIONS ON THE MEASURE
(121)
In the light of the above considerations, the Commission considers that it has been demonstrated that, firstly, the companies that received electricity at integral regulated tariffs did not obtain benefits from the level of these tariffs and, secondly, bearing in mind Spain's undertaking to amend the measure, that interest will be charged at an appropriate rate for the delay by certain companies in paying part of their electricity bills in 2005.
(122)
Therefore, the measure at hand does not imply an economic advantage in favour of business users. Since the criteria of Article 107(1) TFEU are cumulative, there is no need to examine whether the other criteria are fulfilled.
(123)
The Commission thus concludes that, having regard to the arrangements put in place by Spain to recover end-users' debt towards the electricity system, the system of regulated tariffs implemented in 2005 did not give rise to state aid within the meaning of Article 107(1) TFEU. This conclusion relates to the situation and time period covered by the complaint, without prejudice to any assessment that the Commission may make of measures taken by Spain after 2005,
HAS ADOPTED THIS DECISION:
Article 1
The system of regulated tariffs implemented by the Kingdom of Spain in 2005 does not constitute state aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.
Article 2
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 4 February 2014.
For the Commission
Joaquín ALMUNIA
Vice-President
(1) OJ C 43, 27.2.2007, p. 9.
(2) See footnote 1.
(3) Article 12(2) of the LSE provided that electricity tariffs were, in principle, to be set once a year but could be adjusted during the year.
(4) Under Article 8 of Royal Decree 1432/2002, the average tariff could not increase by more than 1,40 % (year on year), whereas individual tariffs could increase only by a percentage equivalent to the increase in the average tariff: + 0,60 % (2 % in total).
(5) Royal Decree 2392/2004 of 30 December 2004 establishing the electricity tariff for 2005. Official State Gazette No 315, p. 42766.
(6) Royal Decree-Law 5/2005 of 11 March 2005 on urgent reforms to promote productivity and improve public procurement. Official State Gazette 62, 14.3.2005, p. 8832.
(7) Stranded costs are losses sustained by incumbent electricity providers as a result of non-recoverable investments carried out before liberalisation. The Commission authorised the granting of compensatory aid to cover such losses, on the basis of the criteria outlined in the Stranded Costs Methodology (Commission Communication relating to the methodology for analysing State aid linked to stranded costs), by letter SG (2001) D/290869 of 6 August 2001. By Decision SG (2001) D/290553 of 25 July 2001 in Case NN 49/99, the Commission authorised Spain to grant compensation for stranded costs until 2008 to the companies which were asked to pre-finance the 2005 deficit.
(8) First additional provision of Royal-Decree 809/2006 of 30 June 2006 revising the electricity tariff from 1 July 2006. Official State Gazette 156, 1.7.2006.
(9) Spain liberalised the retail electricity market earlier than required by the 1996 and 2003 Electricity Directives, which provided for a liberalisation timetable between 1999 and 2004 for business end-users (starting with the largest) and made the liberalisation of the household segment mandatory only from 1 July 2007.
(10) OJ L 176, 15.7.2003, p. 37.
(11) Article 3(3) of the Electricity Directive states: ‘Member States shall ensure that all household customers, and, where Member States deem it appropriate, small enterprises, (namely enterprises with fewer than 50 occupied persons and an annual turnover or balance sheet not exceeding EUR 10 million), enjoy universal service, that is the right to be supplied with electricity of a specified quality within their territory at reasonable, easily and clearly comparable and transparent prices. To ensure the provision of universal service, Member States may appoint a supplier of last resort.’
(12) Céntrica itself divided consumers into five groups. This division does not correspond to the regulated tariff structure published in the annual tariffs decree, as indicated in recital 17.
(13) See Annex A(b) and (c) to the Electricity Directive.
(14) Advocate General's Opinion in Joined Cases C-261/01 and C-262/01 Van Calster, paragraph 41.
(15) Judgment of the Court of Justice in Joined Cases C-261/01 Van Calster, ibid., paragraphs 49 and 50.
(16) Commission Decision of 25 July 2001, State Aid No 49/99 — Spain. Transitional regime for the electricity market.
(17) Commission letter to the United Kingdom of 27 February 2002 (State aid No 661/99).
(18) OJ L 83, 27.3.1999, p. 1.
(19) Wilson, R. (1993), Nonlinear Pricing, Oxford University Press.
(20) Castro Rodriguez, F. (1999), Wright tariffs in the Spanish electricity industry, The case of residential consumption, Utilities Policy, pp. 17-31.
(21) Judgment of the ECJ of 17 March 1993 in Joined Cases C-72/91 and C-73/91, paragraph 21: ‘The system at issue does not seek, through its object and general structure, to create an advantage which would constitute an additional burden for the State’.
(22) The main source from which the figures in the opening decision are derived is the CNE report: ‘El Consumo Eléctrico en el Mercado Peninsular en el Año 2005’, 25.7.2006, Section 2. For large industrial consumers (interruptible and THP), the report indicates that strong load modulation with supply in off-peak periods, which requires adjustments in production processes, allows for substantial discounts on the headline tariff.
(23) OJ L 33, 4.2.2006, p. 22; see Articles 3(3)(c) and 5(2)(b).
(24) El Sistema Eléctrico Español 2005, pp. 54 and 55, Red Eléctrica de España. |
22.1.2014
EN
Official Journal of the European Union
L 19/5
COMMISSION IMPLEMENTING REGULATION (EU) No 55/2014
of 21 January 2014
on the issue of licences for the import of garlic in the subperiod from 1 March 2014 to 31 May 2014
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,
Whereas:
(1)
Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.
(2)
The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first seven working days of January 2014, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China.
(3)
Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 14 January 2014 can be met in accordance with Article 12 of Regulation (EC) No 341/2007.
(4)
In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for ‘A’ import licences lodged pursuant to Article 10(1) of Regulation (EC) No 341/2007 during the first seven working days of January 2014 and sent to the Commission by 14 January 2014 shall be met at a percentage rate of the quantities applied for as 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, 21 January 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 90, 30.3.2007, p. 12.
ANNEX
Origin
Order number
Allocation coefficient
Argentina
—
Traditional importers
09.4104
100 %
—
New importers
09.4099
100 %
China
—
Traditional importers
09.4105
32,455175 %
—
New importers
09.4100
0,409006 %
Other third countries
—
Traditional importers
09.4106
—
—
New importers
09.4102
—
‘—’: No application for a licence has been sent to the Commission. |
29.7.2014
EN
Official Journal of the European Union
L 223/22
COMMISSION IMPLEMENTING REGULATION (EU) No 823/2014
of 28 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, 28 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
44,1
XS
56,8
ZZ
50,5
0707 00 05
MK
65,0
TR
81,4
ZZ
73,2
0709 93 10
TR
94,7
ZZ
94,7
0805 50 10
AR
123,5
BO
98,4
CL
153,3
NZ
145,2
TR
74,0
UY
114,6
ZA
133,9
ZZ
120,4
0806 10 10
BR
154,3
CL
81,7
EG
159,6
MA
154,4
TR
152,4
ZZ
140,5
0808 10 80
AR
93,9
BR
111,9
CL
115,4
NZ
130,3
US
159,4
ZA
116,6
ZZ
121,3
0808 30 90
AR
71,8
CL
81,4
NZ
177,1
ZA
90,3
ZZ
105,2
0809 10 00
MK
106,1
TR
240,9
XS
111,2
ZZ
152,7
0809 29 00
CA
664,5
TR
290,5
US
344,6
ZZ
433,2
0809 30
MK
72,6
TR
139,3
ZZ
106,0
0809 40 05
BA
55,3
MK
53,5
TR
141,2
ZZ
83,3
(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’. |
9.5.2014
EN
Official Journal of the European Union
L 136/35
COMMISSION IMPLEMENTING DECISION
of 5 May 2014
on setting up Euro-Argo Research Infrastructure as a European Research Infrastructure Consortium (Euro-Argo ERIC)
(2014/261/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (1), and in particular point (a) of Article 6(1) thereof,
Whereas:
(1)
The Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Kingdom of the Netherlands, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland requested the Commission to set up Euro-Argo Research Infrastructure as a European Research Infrastructure Consortium (Euro-Argo ERIC). The Kingdom of Norway and the Republic of Poland have made known their decision to participate initially in Euro-Argo ERIC as an Observer.
(2)
The French Republic has been chosen by the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland as the Host Member State of Euro-Argo ERIC.
(3)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 20 of Regulation (EC) No 723/2009,
HAS ADOPTED THIS DECISION:
Article 1
1. The Euro-Argo Research Infrastructure as a European Research Infrastructure Consortium (Euro-Argo ERIC) is hereby established.
2. The Statutes of Euro-Argo ERIC are set out in the Annex. The Statutes shall be kept up to date and made publicly available on the website of Euro-Argo ERIC and at its statutory seat.
3. The essential elements of the Statutes for which amendments shall require approval by the Commission in accordance with Article 11(1) of Regulation (EC) No 723/2009 are provided for in Articles 1, 3, 4, 13, 23-31.
Article 2
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 5 May 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 206, 8.8.2009, p. 1.
ANNEX
STATUTES OF Euro-Argo ERIC
The Federal Republic of Germany
The Hellenic Republic
The French Republic
The Italian Republic
The Kingdom of the Netherlands
The Republic of Finland
The United Kingdom of Great Britain and Northern Ireland,
Hereinafter referred to individually as ‘Founding Member’ and collectively as ‘Founding Members’
and
The Kingdom of Norway
The Republic of Poland
Hereinafter referred to individually as ‘Founding Observer’ and collectively as ‘Founding Observers’
CONSIDERING THAT climate change is one of the most pressing issues of our century, understanding and predicting changes in both the atmosphere and the ocean are needed to guide international actions and to optimise governments' policies on climate change, this understanding requires global data sets of the highest quality;
CONSIDERING THAT the required in situ ocean observations, which must be sustained over long time periods, are beyond the reach of single research teams and countries, the International Argo global ocean observing system has been designed to meet that challenge and is the first-ever global, in situ ocean-observing network in the history of oceanography, providing an essential complement to satellite systems;
CONSIDERING THAT success in such a major undertaking could be achieved only through a very high degree of international cooperation, Euro-Argo will develop and consolidate the European component of the global network. Specific European interests also require increased sampling in some regional seas. Overall, the Euro-Argo infrastructure should comprise around 800 floats in operation at any given time. The maintenance of such an array requires Europe to deploy about 250 floats per year;
CONSIDERING THAT the Euro-Argo research infrastructure will strengthen European excellence and expertise in climate research and will establish a high level of cooperation between European partners in all implementation aspects: operation at sea, array monitoring and evolution, technological and scientific developments, improving data access for research and the GMES/Copernicus Marine Service, coordination of the European contribution to the international management of the Argo Programme;
DESIRING THAT the existing cooperative arrangements are transferred into a body with legal personality separate from its Members to enhance cooperation and collaboration, to enable Euro-Argo to enter into contracts on its own behalf including the purchase of floats and other property, goods or services and to complement and strengthen the governance established by the International Argo Programme;
REQUESTING the European Commission to establish the infrastructure Euro-Argo as a European Research Infrastructure Consortium (Euro-Argo ERIC),
HAVE THEREFORE AGREED ON THE FOLLOWING PROVISIONS:
CHAPTER 1
GENERAL PROVISIONS
Article 1
Name and seat
1.
The name of the consortium shall be Euro-Argo ERIC, incorporated as a European Research Infrastructure Consortium, hereinafter ‘Euro-Argo ERIC’.
2.
The statutory seat of Euro-Argo ERIC shall be in Plouzané, France (‘Statutory Seat’).
3.
The Council shall consider, at least once every five years, whether the Statutory Seat shall remain in France or be transferred to the territory of another Member.
4.
The requirements and procedures for establishing and for transferring the Statutory Seat shall be set out in a separate document entitled ‘Internal Working Procedures’.
Article 2
Description of the infrastructure
1.
Euro-Argo is made up of a central infrastructure which is owned and controlled by Euro-Argo ERIC (the ‘Central Infrastructure’). The Central Infrastructure shall coordinate Euro-Argo activities under arrangements with independent distributed national legal entities and facilities.
2.
The Statutes shall solely apply to the Central Infrastructure.
Article 3
Objectives and tasks
1.
The goal of Euro-Argo ERIC shall be to develop a long-term global ocean monitoring system to better understand and predict the ocean and its role in the climate system.
2.
Euro-Argo ERIC shall coordinate and strengthen the European contribution to the international Argo Programme as endorsed by the Intergovernmental Oceanographic Commission (IOC) of the United Nations Educational, Scientific and Cultural Organisation (Unesco) and by the World Meteorological Organisation (WMO). The specific objectives of Euro-Argo ERIC shall be:
(a)
to provide, deploy and operate an array of around 800 floats contributing to the global array (a European contribution of
of the global array);
(b)
to provide additional coverage in the European regional seas;
(c)
to develop further the infrastructure (e.g. improving float technology and adding new sensors, improving the data processing and distribution system); and,
(d)
to provide quality controlled data and access to the data sets and data products to the research (climate and oceanography) and operational (e.g. Global Monitoring for Environment and Security (GMES)/Copernicus Marine Service) communities.
Article 4
Activities
1.
Euro-Argo ERIC shall:
(a)
supervise the operation of the infrastructure and ensure that it evolves in accordance with the requirements set forth by the research and operational communities;
(b)
coordinate and supervise float deployments to ensure that International Argo and Euro-Argo objectives are fulfilled (e.g. contribution to the International Argo global array, filling gaps, improved regional coverage in the European regional and marginal seas, open data access);
(c)
supervise and organise data processing, quality control, and access to ensure easy and timely availability to all users;
(d)
monitor the operation of the infrastructure (e.g. array performance monitoring);
(e)
decide on the evolution of the Euro-Argo infrastructure (e.g. data system, products, technology and new sensors, number of floats deployed per year);
(f)
share expertise on all scientific/technological developments and use of International Argo data;
(g)
organise float procurement at the European level;
(h)
carry out continuous research and development required for the evolution of the observing array (e.g. float technology) and of the data delivery system;
(i)
maintain the links with the research and operational (including GMES/Copernicus Marine Service) user communities; and
(j)
liaise with the International Argo infrastructure (Argo Project Office, international Argo Steering Team, Argo Information Centre). The European infrastructure will complement and strengthen the international one; it will consolidate and make more efficient the European contributions to International Argo and develop a leading European role in International Argo and its future evolution.
2.
As part of its activities, Euro-Argo ERIC shall:
(a)
support access to Euro-Argo ERIC by the European and international scientific and operational communities;
(b)
contribute to the development of scientific research; and,
(c)
address scientific topics of relevance to International Argo.
3.
Euro-Argo ERIC may carry out some limited economic activities as long as they are closely related to its tasks and activities listed in this Article and do not jeopardise their achievement.
4.
Euro-Argo ERIC may delegate any of its activities to Members, Observers or third parties.
5.
Euro-Argo ERIC activities shall be without prejudice to the activities and missions of its Members and Observers and its tasks and activities shall not preclude similar activities being conducted by a Member or Observer either independently or in bi-lateral or multi-lateral cooperation
CHAPTER 2
MEMBERS AND OBSERVERS
Article 5
Members and Observers
1.
Euro-Argo ERIC shall be comprised of Members and Observers. They shall be bound by the Internal Working Procedures, approved by the Council. The founding Members and founding Observers of Euro-Argo ERIC as at the date of the entry into force of these Statutes are listed in the Annex.
2.
The Annex shall be updated by the Euro-Argo ERIC Programme Manager after revocation or withdrawal of membership or observership or after admission of Members or Observers by the Council. No changes in the list of Members and Observers of Euro-Argo ERIC shall require formal amendment of the Statutes.
Article 6
Members
1.
Members are States and intergovernmental organisations. They may be represented by one or more public entities, including regions or private entities with a public service mission, as regards the exercise of specified rights and the discharge of specified obligations as a Member of Euro-Argo ERIC. Each Member shall speak with a single voice.
2.
A Member shall inform the Council of the appointment of any entity that represents it, as well as of the rights that the entity will have or the obligations it will assume. The Member shall immediately inform the Council of any change.
Article 7
Observers
1.
Observers are States and intergovernmental organisations. They may be represented by one or more public entities, including regions or private entities with a public service mission, as regards the exercise of specified rights and the discharge of specified obligations as an Observer of Euro-Argo ERIC.
2.
An Observer shall inform the Council of the appointment of any entity that represents it, as well as of the rights that the entity will have or the obligations it will assume. The Observer shall immediately inform the Council of any change.
3.
Observers are entitled to attend all Euro-Argo ERIC meetings without a right to vote.
4.
Observers are entitled to participate in and contribute to Euro-Argo ERIC. They shall have access to, and support from, the services and expertise of Euro-Argo ERIC.
5.
Any Member State, associated country, third country and inter-governmental organisation wishing to be admitted as an Observer shall adhere to the Statutes by entering into a written adherence agreement.
6.
The admission and expulsion of Observers shall be subject to a decision of the Council.
7.
An Observer may withdraw at the end of each Financial Year, as defined in Article 20, from Euro-Argo ERIC by written notice sent to the Programme Manager at least one year in advance of the date of the proposed withdrawal. The Council shall record formally the withdrawal and its consequences for Euro-Argo ERIC.
Article 8
Admission of a Member
Members of Euro-Argo ERIC must be European Union Member States, non-European Union Member States (associated or third countries) or inter-governmental organisations, and at all times there shall be at least one European Union Member State and two other countries that are either Member States or associated countries as Members. Any Member State, associated country or third country or inter-governmental organisation wishing to be admitted as a Member shall adhere to the Statutes by entering into a written adherence agreement. The admission of new Members shall be subject to a decision by the Council.
Article 9
Withdrawal of a Member
1.
After a period of four years from the date of the entry into force of the Statutes, any Member of Euro-Argo ERIC may submit a written notice to the Programme Manager indicating that Member's intention to withdraw from Euro-Argo ERIC. The withdrawal date must coincide with the end of a Financial Year as defined in Article 20 and the written notice must be received by the Programme Manager at least one year in advance of the proposed date of withdrawal.
2.
The Council shall record formally the withdrawal and its consequences for Euro-Argo ERIC.
3.
The Council shall determine if the Member is entitled to any sums upon withdrawal. If the Member is so entitled, the Council shall determine the value of the rights and obligations of such Member taking into account the assets and liabilities of Euro-Argo ERIC as they stand on the date on which such Member ceases to be part of Euro-Argo ERIC.
4.
In no case shall the Member's entitlement upon withdrawal exceed the contribution made by the Member in the previous five years excluding subscription fees.
5.
No withdrawing Member from Euro-Argo ERIC can claim any amount in respect of subscription fee and goodwill.
Article 10
Expulsion of a Member
1.
Any Member of Euro-Argo ERIC may be expelled if it is in material breach of its obligations under the Statutes, or causes or threatens to cause a serious disruption in the operation of Euro-Argo ERIC as determined by the Council. A decision to expel a Member shall be taken by the Council, after the concerned Member has been given an opportunity to respond to the proposed decision and present its position to the Council.
2.
The Council shall determine, in accordance with Article 9, the Member's entitlement until the date it ceases to be a Member of Euro-Argo ERIC.
CHAPTER 3
RIGHTS AND OBLIGATIONS OF THE MEMBERS
Article 11
Voting rights
1.
Without prejudice to paragraph 2, each Member shall have at least six votes. Each Member shall have one additional vote for each float procured and deployed by it or on its behalf over a period of three calendar years preceding the Financial Year during which the meeting is held, irrespective of membership of Euro-Argo ERIC. The number of floats shall be determined from official float notifications made through the IOC Argo Information Centre, and shall include the procurement and deployment of floats during the three financial years preceding the establishment of Euro-Argo ERIC. During the first three Financial Years of the operation of Euro-Argo ERIC, the period of three years preceding the Financial Year during which the meeting is held shall include calendar years prior to the establishment of Euro-Argo ERIC.
2.
Member States or associated countries shall hold jointly the majority of the voting rights in the Council. The Council shall determine any modification of voting rights that is required to ensure that Euro-Argo ERIC complies with this requirement.
Article 12
Contributions
1.
The resources necessary to achieve the objectives of Euro-Argo ERIC and to ensure the sustainability of Euro-Argo ERIC shall be borne by the Members and Observers in accordance with the provisions of these Statutes and as determined by the Council. The contributions for the first five years of Euro-Argo ERIC after the Statutes enter into force are set out in a Technical and Scientific Description of the Euro-Argo ERIC which shall be attached to these Statutes and not be integral part of them.
2.
The Council shall decide annually on the minimum contribution required for Members and for Observers, with a two year advance notice (i.e. decisions taken in year n apply for year n+2). All contributions shall be made in euro.
3.
The contributions of the Members and Observers related to the operating cost shall not be subject to VAT.
4.
If the Council determines that there is a lasting and significant imbalance between the proportional use made of the facility by the scientific community of a Member and the contribution of that Member, the Council shall be entitled to limit that use, unless the Member agrees to an appropriate re-adjustment of the contribution rates as set out in the second paragraph of this Article.
Article 13
Liability of the Members
1.
The Members' liability towards Euro-Argo ERIC's debts and liabilities, of whatever nature, shall be limited to each individual Member's annual contribution.
2.
Euro-Argo ERIC shall take out and maintain appropriate insurance to cover the risks relating to the operation of Euro-Argo ERIC.
CHAPTER 4
GOVERNANCE AND MANAGEMENT OF Euro-Argo ERIC
Article 14
Governance
The governance structure of Euro-Argo ERIC shall comprise the following bodies, having the powers as set out in points (a)-(d):
(a)
the Council as the body having ultimate decision-making authority;
(b)
the Management Board to supervise the operation of Euro-Argo ERIC and to ensure that it operates and evolves in accordance with the strategic direction set by the Council, and the requirements set forth by the research and operational communities;
(c)
the Programme Manager appointed by the Council, as the executive officer and legal representative of Euro-Argo ERIC; and
(d)
the Scientific and Technical Advisory Group (STAG) to give advice to the Council on scientific and technical matters.
Article 15
The Council
1.
The Council shall be the only body of Euro-Argo ERIC that has the power to discontinue Euro-Argo ERIC.
2.
The Council shall define the broad strategic direction for Euro-Argo ERIC, and its evolution. It shall consider and approve the annual work plan and proposals, from the Management Board, on the allocation of funds received from the European Union and from Members, Observers and third parties. It shall take all decisions concerning major investments such as buildings and large equipment at European level. It shall decide on the opening of staff positions, or on the designation of seconded personnel, for the Programme Office.
3.
The Council shall decide on membership in Euro-Argo ERIC including the admission of Members and the withdrawal or the exclusion of Members.
4.
The Council shall appoint the Programme Manager upon proposition by the Management Board.
5.
The Council shall appoint the members of the Scientific and Technical Advisory Group (STAG), and establish the terms of reference for their work upon proposition by the Management Board.
6.
Key stakeholders may be invited to the Council meetings by the Chair.
7.
Each Member shall be represented by one delegate. Observers may attend Council meetings and shall be represented by one delegate. Each delegate may be accompanied by appropriate experts.
8.
The Council shall elect its Chair for a duration of three years, renewable once for a further period of three years, from its Members by a qualified majority of the Members. The vice-Chair of the Council shall be elected by qualified majority to carry out the duties of the Chair in case of her/his absence.
9.
The Council shall take decisions by simple majority, qualified majority or unanimity as follows:
(a)
Decision by simple majority of those present:
(i)
Approval of the annual accounts;
(ii)
Approval of the Programme Manager annual report of activities;
(iii)
Appointment of financial auditors;
(iv)
Appointment of the Management Board;
(v)
Appointment of the STAG; and
(vi)
All other decisions which are not expressly required to be taken by qualified majority or by unanimity.
(b)
Decision by two-thirds majority of those with voting rights present or represented, and representing two-thirds of the voting rights (qualified majority):
(i)
Approval of the annual budget;
(ii)
Proposal for amending the Statutes;
(iii)
Election of the Chair of the Council;
(iv)
Appointment of the Programme Manager;
(v)
Determination of the adherence terms and procedure for new Members and Observers;
(vi)
Admission of Members;
(vii)
Admission of Observers;
(viii)
Establishing, amending, and approving the Internal Working Procedures;
(ix)
Deciding and amending the minimum contributions due by Members and Observers;
(x)
Determining the modification of voting rights required to ensure that Euro-Argo ERIC complies with the second paragraph of Article 11;
(xi)
Establishing and amending the methods and licensing regarding the exploitation of intellectual property rights;
(xii)
Transferring the official address and the Statutory Seat and registered office address of Euro-Argo ERIC to another Member State of the European Union or associated country;
(xiii)
Winding-up of Euro-Argo ERIC; and
(xiv)
Continuation or termination of Euro-Argo ERIC.
(c)
Decision by unanimity less the voice of the Member concerned concerning the expulsion of a Member.
10.
The Members agree to be bound by the provisions of the Internal Working Procedures concerning vote by proxy, representation at meetings, and quorum requirements.
11.
The Council shall ordinarily be convened once a year by the Chair at the place where Euro-Argo ERIC is registered, or at another place determined by the Chair.
12.
The Council shall be held no more than two months after the annual accounts of the preceding Financial Year are sent to the Members.
13.
The Chair may decide, if necessary, to convene extraordinary meetings at any other time, or if the Chair receives in writing such a request from the Programme Manager, or from at least one third of the Members.
14.
The Members agree to be bound by the provisions of the Internal Working Procedures concerning notification and organisation of meetings, agenda, minutes and other dispositions therein.
Article 16
Management Board
1.
The Management Board shall supervise the operation of Euro-Argo ERIC and ensure that it operates and evolves in accordance with the strategic direction set by the Council, and the requirements set forth by the research and operational communities.
2.
The Management Board shall validate the annual work plan prepared by the Programme Manager and shall submit it to the Council for approval. It will prepare and submit to the Council proposals for the annual budget and on the allocation of funds received from the European Union and funds or subscriptions received from Members, Observers and third parties.
3.
The Management Board shall validate all necessary actions taken by the Programme Manager relating to the implementation of the annual work plan, to the operation of Euro-Argo ERIC, in particular float procurement and deployment strategy, its relations with the International Argo Programme and relevant European institutions.
4.
The Management Board shall be composed of delegates designated by the Members. Each Member shall be entitled to designate one delegate and one substitute.
5.
The Programme Manager and the Chair of the STAG shall be entitled to attend in a consultative capacity the Management Board meetings.
6.
Observers shall be entitled to attend or be represented on the Management Board, without voting rights.
7.
Experts and other persons particularly qualified in matters which are to be discussed may be invited by the Chair, without voting rights.
8.
The Management Board shall elect its Chair for a term of three years, renewable once for a further period of three years, from its Members by a qualified majority of the Members. The vice-Chair shall be elected by qualified majority of the Management Board to carry out the duties of the Chair in case of her/his absence.
9.
Each Member shall have the voting rights as set out in Article 11.
10.
The Members shall be bound by the provisions of the Internal Working Procedures concerning vote by proxy, representation at meeting, and quorum requirements.
11.
The Management Board meetings shall ordinarily be convened once a year by the Chair at the place where Euro-Argo ERIC is registered, or at another place determined by the Chair.
12.
The Chair may decide, if necessary, to convene extraordinary meetings at any other time; or on the request from the Programme Manager, or on the request from at least one third of the Members.
13.
The Management Board shall be held within two months after the annual accounts of the preceding Financial Year are sent to the Members.
14.
The Members shall be bound by the provisions of the Internal Working Procedures concerning notification and organisation of meetings, agenda, minutes and other dispositions therein.
Article 17
Programme Manager
1.
The Programme Manager shall be responsible for the implementation of the decisions and Programmes validated by the Management Board and approved by the Council. The Programme Manager shall be appointed by and accountable to the Council.
2.
The Programme Manager shall take all necessary actions for the execution of the annual work plan and the day-to-day administration and management of Euro-Argo ERIC. This includes, in particular:
(a)
facilitation of access to Euro-Argo ERIC and its data by the research and operational communities;
(b)
planning, coordination and supervision of float deployments;
(c)
organisation of float procurement at European level;
(d)
the day-to-day administration of Euro-Argo ERIC;
(e)
the preparation of an annual activity report, and of an annual management report;
(f)
overseeing all budget matters and approving expenses;
(g)
preparing annual budget report and proposing budget plans;
(h)
coordinating the activities of Euro-Argo ERIC staff and of persons seconded to Euro-Argo ERIC;
(i)
over-seeing the Programme Office; and
(j)
establishing and maintaining links with the research and operational (GMES/Copernicus) user communities.
3.
The Programme Manager shall represent Euro-Argo ERIC in the International Argo governance structure (International Argo Steering Team) without precluding national representation from Members.
4.
The Programme Manager shall be entitled to sign legally binding contracts and agreements on behalf of Euro-Argo ERIC with third parties.
5.
The Programme Manager shall assist the Chair of the Management Board in the preparation of the meetings of the Management Board.
6.
A Programme Office shall be set-up to assist the Programme Manager and support the day-to-day management of Euro-Argo ERIC including, without limitation, filing of mail and correspondence, archiving of documents, travel arrangements, organising meetings, preparing reports and financial documents.
Article 18
Scientific and Technical Advisory Group (STAG)
1.
The STAG, acting as a consultative body composed of independent experts, shall be established to advise the Council on any scientific or technical matters, including data management and instrumentation, relevant to the operation, development, and evolution of Euro-Argo ERIC, and access to its data by research and operational users. The Management Board may request through the Council the STAG to consider, and make recommendations on issues that it needs to address. The terms of reference of the STAG, proposed by the Management Board and approved by the Council shall be set out in the Internal Working Procedures.
2.
The STAG shall make recommendations to the Council on scientific and technical aspects and the direction of Euro-Argo ERIC, taking into account the European and international context.
CHAPTER 5
FINANCE
Article 19
Resources
The resources of Euro-Argo ERIC shall be decided by the Council in accordance with Article 15(2) and may be comprised of:
(a)
Annual Member and Observer subscriptions;
(b)
Additional contributions from the Members or Observers;
(c)
Remuneration for services provided by Euro-Argo ERIC to third parties and by royalties or income derived from the exploitation by third parties of intellectual property rights owned and/or licensed by Euro-Argo ERIC;
(d)
Grants for specific Euro-Argo ERIC activities in accordance with Title VI of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (1);
(e)
Other Grants; and
(f)
Additional resources received either in kind or in cash within limits and under terms approved by the Council.
Article 20
Budgetary principles, accounts and audit
1.
The financial year of Euro-Argo ERIC shall begin on 1 January and shall end on 31 December of each year (‘Financial Year’).
2.
All items of revenue and expenditure of Euro-Argo ERIC shall be presented in estimated figures to be drawn up for each Financial Year and shown in the budget.
3.
Euro-Argo ERIC shall record the costs and revenues of its limited economic activities separately and shall charge market prices for them, or, if these cannot be ascertained, full costs plus a reasonable margin.
4.
The Council shall ensure that the contributions are used in accordance with the principles of sound financial management.
5.
The budget shall be established and implemented and the accounts presented in compliance with the principle of transparency.
6.
The accounts of Euro-Argo ERIC shall be accompanied by a report on budgetary and financial management of the preceding Financial Year.
7.
Euro-Argo ERIC shall be subject to the requirements of the host national laws and regulations as regards preparation, filing, auditing and publication of accounts.
Article 21
Taxes
VAT exemption based on Articles 143(1)(g) and 151(1)(b) of Council Directive 2006/112/EC (2) shall apply to purchases made by Euro-Argo ERIC for its non-economic activities, not for economic activities undertaken. The VAT exemption shall be applied for purchases made for the scientific, technical and administrative operations undertaken by Euro-Argo ERIC in line with its objectives. This shall include expenses for the housing of Euro-Argo ERIC for official use and expenses for conferences, workshops and meetings held by Euro-Argo ERIC and directly linked to its non-economic activities. However travel and accommodation expenses shall not be covered by the VAT exemption, and purchases below EUR 300 will not be considered for VAT exemption.
CHAPTER 6
RELATIONSHIP WITH THE EUROPEAN COMMISSION
Article 22
Reporting to the Commission
1.
Euro-Argo ERIC shall prepare an annual activity report, containing in particular the scientific, operational and financial aspects of its activities. It shall be approved by the Council and transmitted to the European Commission and relevant public authorities within six months from the end of the corresponding Financial Year. This report shall be made publicly available.
2.
Euro-Argo ERIC and the Member States concerned shall inform the European Commission of any circumstances which threaten to seriously jeopardise the achievement of the task of Euro-Argo ERIC or to hinder Euro-Argo ERIC from fulfilling the requirements laid down in the Regulation.
3.
If at any time during its existence, Euro-Argo ERIC is unable to pay its debts, it shall immediately notify the European Commission.
Article 23
Amendments of the Statutes
1.
Any proposals for amendments of the Statutes shall be decided by the Council.
2.
In accordance with the procedure set out in Article 11 of the Regulation, the Council shall submit to the European Commission any proposed amendment to the Statutes.
3.
The Statutes shall at all times comply with the Regulation and all other relevant acts of European Union law.
CHAPTER 7
POLICIES
Article 24
Intellectual Property Rights
1.
All Intellectual Property Rights created, arisen, obtained or developed by Euro-Argo ERIC in the course of its activities shall be owned by Euro-Argo ERIC.
2.
Subject to the terms of any contracts or sub-contracts between Euro-Argo ERIC and Members or Observers or representing entities of Members or Observers, all Intellectual Property Rights which are created, arisen, obtained or developed by a Member or Observer or representing entity shall be owned by that Member or Observer or representing entity.
3.
Euro-Argo ERIC grants to the Members a perpetual, irrevocable, non-exclusive, royalty-free and fully paid-up worldwide right and licence to use, publish, develop, copy or adapt any Intellectual Property Rights owned by Euro-Argo ERIC for any purpose for the full duration of such rights, such right and licence to include the right to sub-licence or otherwise transfer any and all of the aforesaid rights to any third party.
4.
Intellectual Property Rights owned by Euro-Argo ERIC shall be identified, protected, managed and maintained by the Programme Manager.
5.
With respect to questions of Intellectual Property, the relations between the Members will be governed by the national legislation of the Members and by international agreements to which the Members are parties.
Article 25
Data and Access Policy for Users
1.
In conformity with International Argo data policy, access to Euro-Argo ERIC data shall be free and open to any person or agency.
2.
Agencies in Member States shall make reasonable efforts to host visiting scientists, engineers and technicians for collaborations with those directly involved in Euro-Argo ERIC activities in their laboratories.
Article 26
Scientific Evaluation Policy
1.
Scientific evaluation of the annual activities shall be the responsibility of the STAG.
2.
A review of the activities and operation of Euro-Argo ERIC shall be conducted every five years by the STAG, who may involve other independent experts in the review as necessary, reporting to the Council.
Article 27
Dissemination Policy
1.
Dissemination of the data shall be undertaken either in the ‘pull mode’, i.e. by downloading from the data centres web sites; or in the ‘push mode’, whereby regular data files will be provided to the World Meteorological Organisation (WMO) Global Telecommunication System (GTS), to the International Argo Data Centres, to the European Marine Observation and Data Network (EMODnet), to the Copernicus Marine Service and to specific users upon request.
2.
All users are encouraged to publish their results in peer-reviewed scientific literature, to present communications in scientific conferences, as well as in other media targeted at larger audiences including without limitation the general public, the press, citizen groups, education.
3.
The Euro-Argo ERIC Programme Manager shall develop a communication plan to target appropriate audiences.
4.
Use and collection of the Euro-Argo ERIC data is subject to European Union and national laws on data privacy.
Article 28
Employment Policy
Employment policy shall be governed by the laws of the State where Euro-Argo ERIC has its Statutory Seat. All employment and recruitment shall be on a strictly non-discriminatory basis.
Article 29
Procurement Policy
1.
The Euro-Argo ERIC procurement policy shall be transparent, non-discriminatory and open to competition.
2.
The procurement policy shall be defined in detail in the Internal Working Procedures, approved by the Council.
CHAPTER 8
DURATION, WINDING UP, DISPUTES
Article 30
Duration
Euro-Argo ERIC shall be established for an initial period ending on 31 December 2020 and shall continue to exist after that date subject to decisions of the Council.
Article 31
Winding up
1.
The Council may decide at any time to discontinue and wind up Euro-Argo ERIC, or to transfer its activities to another legal entity.
2.
Without undue delay after the adoption of the decision by the Council to wind up and in any event within 10 days after such adoption, Euro-Argo ERIC shall notify the European Commission thereof. The European Commission shall publish an appropriate notice in the C series of the Official Journal of the European Union.
3.
Without undue delay after the closure of the winding-up procedure, and in any event within 10 days after such closure, Euro-Argo ERIC shall notify the European Commission thereof. The European Commission shall publish an appropriate notice in the C series of the Official Journal of the European Union.
4.
At any time, in the event that Euro-Argo ERIC is unable to pay its debts, it shall immediately notify the European Commission thereof. The European Commission shall publish an appropriate notice in the C series of the Official Journal of the European Union.
5.
Any assets and liabilities remaining after payment of Euro-Argo ERIC's debts shall be apportioned among the Members in proportion to their voting rights at the time of dissolution.
6.
The Members undertake to arrange the dismantling of Euro-Argo ERIC and to finance the relevant costs in proportion to their voting rights at the time of dissolution without prejudice to Article 13.
7.
Euro-Argo ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.
Article 32
Language
1.
The working language of Euro-Argo ERIC shall be English.
2.
Where required, an official language of the Euro-Argo ERIC host country will be used for the relationship with the host country's authorities.
3.
These statutes shall be deemed authentic in English, French and in all other official languages of the European Union. No linguistic version shall prevail.
Article 33
Applicable Law
Euro-Argo ERIC shall be governed in order of precedence:
(a)
by European Union law, in particular the ERIC Regulation (EC) No 723/2009;
(b)
by the law of the Hosting State in case of matters not covered (or partly covered) by such European Union law;
(c)
by these Statutes, adopted in conformity with the abovementioned sources of law; and,
(d)
by the implementing rules complying with the Statutes.
Article 34
Disputes
1.
Save as set out in any other Articles of the Statutes, in the event of a dispute or difference between the Members arising out of or in connection with the Statutes, including the operation or performance of Euro-Argo ERIC or the performance by the Members of their obligations under the Statutes, the Council shall meet as soon as reasonably practicable to consult in good faith and seek to settle the dispute.
2.
The Court of Justice of the European Union shall have jurisdiction over litigation among the Members in relation to Euro-Argo ERIC, between the Members and Euro-Argo ERIC and over any litigation to which the Union is a party.
3.
In cases not covered by European Union legislation, the law of the State where Euro-Argo ERIC has its statutory seat shall determine the competent jurisdiction for the resolution of such disputes.
Article 35
Consolidated version of the Statutes
The Statutes shall be kept up to date and made publicly available on the website of Euro-Argo ERIC and at its statutory seat. Any amendment to the Statutes shall be clearly indicated with a note specifying whether the amendment concerns an essential or non-essential element of the Statutes in accordance with Article 11 of Regulation (EC) No 723/2009 and the procedure followed for its adoption.
Annex — List of Members and Observers
Members and their representing entities are the following:
1.
The Federal Republic of Germany is represented by the Federal Maritime and Hydrographic Agency hereinafter referred to as BSH whose registered office is at Bernhard-Nocht-Strasse 78, 20359 Hamburg, Germany;
2.
The Hellenic Republic is represented by the Hellenic Centre for Marine Research whose registered office is at 46,7 km Athens-Sounio Ave. PO Box 712 Anavyssos, Attica GR-190 13, Greece;
3.
The French Republic is represented by the Research Institute for Exploitation of the Sea — (Ifremer) — whose registered office is at 155 rue Jean Jacques Rousseau, 92138 Issy-les-Moulineaux, France;
4.
The Italian Republic is represented by the National Institute of Oceanography and Experimental Geophysics (OGS) whose registered office is at Borgo Grotta Gigante, 42/c 34010 Sgonico (Trieste), Italy;
5.
The Netherlands is represented by the Royal Netherlands Meteorological Institute (KNMI), whose registered office is at Wilhelminalaan 10, NL-3732 GK De Bilt, Netherlands;
6.
The Republic of Finland is represented by the Ministry of Transport and Communications, whose registered office is at PO Box 31, FI–00023 Government, Finland;
7.
The United Kingdom of Great Britain and Northern Ireland is represented by the Met Office, for and on behalf of the Secretary of State for the Department for Business, Innovation and Skills of the United Kingdom of Great Britain and Northern Ireland, having its principal place of business at Fitzroy Road, Exeter EX1 3PB;
Observers and their representing entities are the following:
1.
The Kingdom of Norway is represented by the Institute of Marine Research (IMR) whose registered office is at Nordnesgaten 50, 5005 Bergen, Norway.
2.
The Republic of Poland is represented by the Ministry of Science and Higher Education (MSHE), 20 Hoża Street 1/3 Wspólna Street 00-529 Warsaw, Poland.
GLOSSARY
Council
The Council is composed of the Members or one (1) duly appointed representing entity or delegate for each Member.
Qualified majority
a decision can be adopted only if 2/3 of those present are in favour and if they represent 2/3 of the voting rights.
EEA
European Environment Agency.
ERIC
European Research Infrastructure Consortium, as defined by the Regulation.
Euro-Argo ERIC
the legal entity, object of the ERIC statutes, set-up to coordinate the Euro-Argo Programme.
Euro-Argo Infrastructure
the European facilities contributing to the Euro-Argo Programme.
Euro-Argo Programme
the activities carried out by the Members and Observers pursuant to the objectives of Argo and the decisions and Programmes validated by the Management Board and approved by the Council of Euro-Argo ERIC.
GMES/Copernicus
Global Monitoring for Environment and Security, a Programme of the EU.
Intellectual Property Rights
all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Internal Working Procedures
a document approved by the Council that sets out the internal working rules for Euro-Argo ERIC.
Management Board
The board appointed by the Council and responsible for supervising the operation of Euro-Argo ERIC.
Member States
Member States of the European Union.
Members
Members of Euro-Argo ERIC on the conditions set out in Article 6.
Observers
Observers of Euro-Argo ERIC on the conditions set out in Article 7.
Programme Manager
the Euro-Argo ERIC person appointed by the Council and responsible for the proper preparation and implementation of the decisions and Programmes validated by the Management Board and approved by the Council as set out in Article 15.
Programme Office
the office set-up to assist the Programme Manager and support the day to day management of Euro-Argo ERIC.
Regulation
The Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, p. 1).
Simple majority
a majority of those with voting rights present or represented.
STAG
The Scientific and Technical Advisory Group of Euro-Argo ERIC. It formulates recommendations on scientific and technical aspects and direction of Euro-Argo ERIC.
(1) OJ L 298, 26.10.2012, p. 1.
(2) OJ L 347, 11.12.2006, p. 1. |
6.12.2014
EN
Official Journal of the European Union
L 350/4
COMMISSION IMPLEMENTING REGULATION (EU) No 1298/2014
of 5 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, 5 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
54,4
IL
114,8
MA
87,8
TR
94,2
ZZ
87,8
0707 00 05
AL
53,8
JO
258,6
MA
164,1
TR
137,9
ZZ
153,6
0709 93 10
MA
73,2
TR
132,9
ZZ
103,1
0805 10 20
AR
35,3
SZ
34,3
TR
47,9
UY
32,9
ZA
54,8
ZW
33,1
ZZ
39,7
0805 20 10
MA
73,2
ZZ
73,2
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90
IL
113,8
JM
168,3
TR
75,9
ZZ
119,3
0805 50 10
AL
64,4
TR
74,5
ZZ
69,5
0808 10 80
BA
32,4
BR
54,6
CA
135,6
CL
76,1
MK
38,0
NZ
96,9
US
93,0
ZA
99,9
ZZ
78,3
0808 30 90
TR
174,9
ZZ
174,9
(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’. |
27.6.2014
EN
Official Journal of the European Union
L 189/1
REGULATION (EU) No 652/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC
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 168(4)(b) 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)
Union law provides for requirements regarding food and food safety and feed and feed safety, at all stages of production, including rules that aim to guarantee fair practices in trade and the provision of information to consumers. It also lays down requirements regarding the prevention and control of transmissible diseases in animals and zoonoses, as well as requirements regarding animal welfare, animal by-products, plant health and plant reproductive material, the protection of plant varieties, genetically modified organisms, the placing on the market and use of plant protection products and the sustainable use of pesticides. Union law also provides for official controls and other official activities aimed at ensuring the effective implementation of and the compliance with those requirements.
(2)
The general objective of Union law in those areas is to contribute to a high level of health for humans, animals and plants along the food chain, a high level of protection and information for consumers and a high level of protection of the environment, while favouring competitiveness and creation of jobs.
(3)
The pursuit of that general objective requires appropriate financial resources. It is therefore necessary for the Union to contribute to the funding of measures undertaken in the different areas relating to that general objective. In addition, in order to efficiently target the use of the expenditure, specific objectives should be laid down and indicators should be set to assess the achievement of those objectives.
(4)
Union financing for expenditure relating to food and feed has, in the past, taken the form of grants, procurement and payments to international organisations active in the field. It is appropriate to continue such financing in the same manner.
(5)
Union financing may also be used by Member States to support them in actions on plant or animal health for the control, prevention or eradication of pests or animal diseases to be carried out by organisations active in those fields.
(6)
For reasons of budgetary discipline, it is necessary to lay down in this Regulation the list of eligible measures which may benefit from a Union contribution as well as the eligible costs and applicable rates.
(7)
Taking into account Council Regulation (EU, Euratom) No 1311/2013 (3), the maximum amount for expenditure in relation to food and feed during the whole period 2014 to 2020 is to be EUR 1 891 936 000.
(8)
Furthermore, Union-level funding should be provided in order to cope with exceptional circumstances such as emergency situations related to animal and plant health, when the appropriations under budget heading 3 are insufficient but emergency measures are necessary. Funding in order to cope with such crises should be mobilised by, for example, drawing on the flexibility instrument, in accordance with 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 (4).
(9)
The law currently provides that some of the eligible costs are to be reimbursed at fixed rates. In relation to other costs, the law does not provide for limits on reimbursement. In order to rationalise and simplify the system, a fixed maximum rate for reimbursement should be set. It is appropriate to set that rate at the level which is usually applied to grants. It is also necessary to provide the possibility to raise that maximum rate in certain circumstances.
(10)
Due to the importance of achieving the objectives of this Regulation, it is appropriate to finance 100 % of the eligible costs for certain actions, provided that the implementation of those actions also implies incurring costs which are not eligible.
(11)
The Union is responsible for ensuring that funds are properly spent and for taking measures that respond to the need to simplify its spending programmes in order to reduce the administrative burden and the costs for the beneficiaries of funds and for all actors involved, in line with the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 October 2010 entitled Smart Regulation in the European Union.
(12)
Union law requires Member States to implement certain measures when certain animal diseases or zoonoses occur or develop. Therefore, the Union should make a financial contribution to such emergency measures.
(13)
It is also necessary to reduce, by appropriate eradication, control and monitoring measures, the number of outbreaks of animal diseases and zoonoses which pose a risk to human and animal health, as well as to prevent the occurrence of such outbreaks. National programmes for the eradication, control and monitoring of those diseases and zoonoses should therefore benefit from Union funding.
(14)
For organisational and efficiency reasons in respect of the handling of funding in the animal and plant health areas, it is appropriate to lay down rules on content, submission, evaluation and approval of national programmes, including those implemented in the outermost regions of the Union referred to in Article 349 of the Treaty on the Functioning of the European Union (‘TFEU’). For the same reasons, deadlines for reporting and filing of payment requests should also be laid down.
(15)
Council Directive 2000/29/EC (5) requires Member States to take certain emergency measures for the eradication of organisms harmful to plants or plant products (‘pests’). The Union should make a financial contribution towards the eradication of those pests. A Union financial contribution should also be available, subject to certain conditions, for emergency measures aimed at containing the pests which have the most severe impact on the Union and which cannot be eradicated in certain zones and for prevention measures concerning those pests.
(16)
Emergency measures taken against pests should be eligible for Union co-financing provided that they lead to added value for the Union as a whole. For this reason, a Union financial contribution should be made available for pests listed in Section I of Part A of Annex I and Section I of Part A of Annex II to Directive 2000/29/EC under the heading ‘Harmful organisms not known to occur in any part of the Union and relevant for the entire Union’. Where pests are known to occur in the Union, only measures relating to those of them which have the most severe impact on the Union should be eligible for a Union financial contribution. Such pests include in particular those subject to the measures under Council Directive 69/464/EEC (6), 93/85/EEC (7), 98/57/EC (8) or 2007/33/EC (9). A Union financial contribution should also be made available for those pests which are not listed in Annex I or Annex II to Directive 2000/29/EC which are subject to national measures and which provisionally qualify for listing in Section I of Part A of Annex I to Directive 2000/29/EC or Section I of Part A of Annex II thereto. Measures relating to pests subject to Union emergency measures that aim to eradicate them should also be eligible for a Union financial contribution.
(17)
It is necessary to detect in a timely manner the presence of certain pests. Surveys of such presence carried out by Member States are essential to ensure the immediate eradication of outbreaks of those pests. The surveys carried out by individual Member States are essential to protecting the territory of all other Member States. The Union may contribute to the financing of those surveys in general, on condition that their scope includes at least one of the two critical categories of pests, namely the pests which are not known to occur in the Union and the pests which are subject to Union emergency measures.
(18)
Union financing for measures in the field of animal and plant health should cover specific eligible costs. In exceptional and duly justified cases, it should also cover the costs incurred by the Member States in carrying out other necessary measures. Such measures may include the implementation of enhanced biosecurity measures in case of outbreak of disease or presence of pests, the destruction and transport of carcasses during eradication programmes, and the costs of compensation to owners resulting from emergency vaccination campaigns.
(19)
The outermost regions of Member States experience difficulties caused by their remoteness and by their dependence on a limited number of products. It is appropriate for the Union to grant a financial contribution to Member States for programmes that they carry out for the control of pests in those outermost regions in line with the objectives of Regulation (EU) No 228/2013 of the European Parliament and of the Council (10). Since certain outermost regions are subject to national rules specific for those regions instead of the Union rules laid down in Directive 2000/29/EC, that Union financial contribution should apply to the rules in force in those regions, regardless of whether they are Union rules or national rules.
(20)
Official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain whilst ensuring a high level of protection of the environment. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities.
(21)
The efficient management of official controls depends on a rapid exchange of data and information related to those controls. In addition, the proper and harmonised implementation of the relevant rules depends on the setting up of efficient systems involving Member State competent authorities. Therefore the establishment and operation of databases and computerised information management systems for those purposes should also be eligible for financial contributions.
(22)
The Union should make funding available for the technical, scientific, coordination and communication activities necessary to ensure the correct implementation of Union law and to ensure the adaptation of the law to scientific, technological and societal developments. Funding should also be made available for projects that aim to improve the effectiveness and efficiency of official controls.
(23)
Pursuant to Article 3 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (11), any proposal submitted to the legislative authority containing derogations from the provisions of that Regulation is required to clearly indicate such derogations and to state the specific reasons justifying them. Therefore, given the specific nature of some of the objectives covered by this Regulation and since the respective competent authorities of the Member States are best placed to implement the activities associated with those objectives, those authorities should be considered to be identified beneficiaries for the purposes of Article 128(1) of Regulation (EU, Euratom) No 966/2012. It should therefore be possible to award grants to such authorities without prior publication of calls for proposals.
(24)
By way of derogation from Article 86 of Regulation (EU, Euratom) No 966/2012, and as an exception to the principle of non-retroactivity provided for in Article 130 thereof, the costs for the emergency measures covered by Articles 7 and 17 of this Regulation should be eligible from the date of notification of the occurrence of a disease or the presence of a pest by the Member State to the Commission due to the urgent and unforeseeable nature of those measures. The corresponding budgetary commitments and the payment of eligible expenditure should be made by the Commission, after assessment of the payment applications submitted by the Member States.
(25)
It is of the utmost importance that such emergency measures are implemented immediately. It would therefore be counterproductive to exclude, from funding, those costs incurred prior to the submission of the grant application, as this would encourage Member States to focus their immediate efforts on the preparation of a grant application, instead of on the implementation of emergency measures.
(26)
Given the extent of the Union law in force concerning the implementation of eradication and surveillance measures and the technical limitations as regards other expertise available, the implementation of the measures covered by this Regulation needs to be carried out principally by the competent authorities of the Member States. It is therefore necessary, in certain cases, to co-finance the salary costs of the personnel of national administrations.
(27)
Programming allows coordination and prioritisation and thus contributes to the effective use of Union financial resources. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the adoption of work programmes for the implementation of certain measures provided for in this Regulation.
(28)
To ensure responsible and effective use of Union financial resources, the Commission should be allowed to check that Union funding is effectively used for the implementation of eligible measures either by on-the-spot checks or by documentary checks.
(29)
The financial interests of the Union should be protected throughout the expenditure cycle, including by the prevention, detection and investigation of irregularities and by the recovery of funds lost, wrongly paid or incorrectly used.
(30)
The list of animal diseases which qualify for funding under emergency measures is annexed to this Regulation and contains the animal diseases referred to in Articles 3(1), 4(1), 6(2) and 14(1) of Council Decision 2009/470/EC (12). In order to take account of the animal diseases which are required to be notified in accordance with Council Directive 82/894/EEC (13), and the diseases which are likely to constitute a new threat for the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, in respect of supplementing that list.
(31)
The lists of animal diseases and zoonoses which qualify for funding under the eradication, control and surveillance programmes are annexed to this Regulation and contain the animal diseases and zoonoses referred to in Annex I to Decision 2009/470/EC. In order to take account of the situations that are provoked by those animal diseases that have a significant impact on livestock production or trade, the development of zoonoses which pose a threat to humans, or new scientific or epidemiological developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, in respect of supplementing those lists.
(32)
When adopting delegated acts under 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.
(33)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment of annual and multiannual work programmes; of the financial contribution for emergency measures or where it is necessary to respond to unforeseeable developments; of procedures for the submission by Member States of applications, and of reports and requests for payments for the grants. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (14).
(34)
Union law should be implemented in such a way as to ensure that it delivers the intended benefits, in the light of experience. It is therefore appropriate for the Commission to evaluate the functioning and effectiveness of this Regulation and to communicate the results to the other institutions.
(35)
Different committees currently assist the Commission in the implementation of existing Union rules covered by this Regulation, in particular the Committees established by Council Decisions 66/399/EEC (15), 76/894/EEC (16), Council Directives 98/56/EC (17), 2008/90/EC (18), and by Regulation (EC) No 178/2002 of the European Parliament and of the Council (19). It is appropriate to streamline the Committee procedure in this area. The Committee established by Article 58 of Regulation (EC) No 178/2002 should be charged with the task of assisting the Commission in the exercise of its implementing powers in respect of the expenditure incurred in the relevant areas and the name of that Committee should be changed in order to reflect its increased responsibilities. Consequently, Decisions 66/399/EEC and 76/894/EEC should be repealed and Directives 98/56/EC and 2008/90/EC and Regulation (EC) No 178/2002 should be amended accordingly.
(36)
This Regulation replaces the provisions of Decision 2009/470/EC. It also replaces Articles 13c(5) and Articles 22 to 26 of Directive 2000/29/EC, Article 66 of Regulation (EC) No 882/2004 of the European Parliament and of the Council (20), Chapter VII of Regulation (EC) No 396/2005 of the European Parliament and of the Council (21), Article 22 of Directive 2009/128/EC of the European Parliament and of the Council (22) and Article 76 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (23). Consequently, Directive 2000/29/EC, Regulations (EC) No 882/2004 and (EC) No 396/2005, Directive 2009/128/EC and Regulation (EC) No 1107/2009 should be amended accordingly.
(37)
The introduction of Union co-financing for costs incurred by Member States for compensation to owners for the value of destroyed plants, plant products or other objects subject to the measures referred to in Article 16 of Directive 2000/29/EC requires the development of guidelines on the conditions applicable as regards the limits of the market value of the crops and trees concerned. That introduction should therefore apply only from 1 January 2017,
HAVE ADOPTED THIS REGULATION:
TITLE I
COMMON PROVISIONS
CHAPTER I
Subject matter, scope and objectives
Article 1
Subject matter and scope
This Regulation establishes provisions for the management of expenditure from the general budget of the European Union in the fields covered by Union rules:
(a)
governing food and food safety, at any stage of the production, processing, distribution and disposal of food, including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information, and the manufacture and use of materials and articles intended to come into contact with food;
(b)
governing feed and feed safety at any stage of the production, processing, distribution, disposal and use of feed, including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information;
(c)
laying down animal health requirements;
(d)
laying down welfare requirements for animals;
(e)
on protective measures against organisms harmful to plants or plant products as defined in point (e) of Article 2(1) of Directive 2000/29/EC (‘pests’);
(f)
on the production, with a view to placing on the market, and placing on the market of plant reproductive material;
(g)
laying down the requirements for placing on the market of plant protection products and the sustainable use of pesticides;
(h)
aiming to prevent and minimise risks to public and animal health arising from animal by-products and derived products;
(i)
governing the deliberate release into the environment of genetically modified organisms;
(j)
on the protection of intellectual property rights in relation to plant varieties and conservation and exchange of plant genetic resources.
Article 2
Objectives
1. The expenditure referred to in Article 1 shall aim to attain:
(a)
the general objective of contributing to a high level of health for humans, animals and plants along the food chain and in related areas, by preventing and eradicating diseases and pests and by ensuring a high level of protection for consumers and the environment, while enhancing the competitiveness of the Union food and feed industry and favouring the creation of jobs;
(b)
the following specific objectives:
(i)
to contribute to a high level of safety of food and food production systems and of other products which may affect the safety of food, while improving the sustainability of food production;
(ii)
to contribute to achieving a higher animal health status for the Union and to support the improvement of the welfare of animals;
(iii)
to contribute to the timely detection of pests and their eradication where those pests have entered the Union;
(iv)
to contribute to improving the effectiveness, efficiency and reliability of official controls and other activities carried out with a view to the effective implementation of and compliance with the Union rules referred to in Article 1.
2. In order to measure the attainment of the specific objectives referred to in paragraph 1(b) the following indicators shall be used:
(a)
for the specific objective in paragraph 1(b)(i), a reduction in the number of cases of diseases in humans in the Union which are linked to food safety or zoonoses;
(b)
for the specific objective in paragraph 1(b)(ii):
(i)
an increase in the number of Member States or their regions which are free from animal diseases in respect of which a financial contribution is granted;
(ii)
an overall reduction of disease parameters such as incidence, prevalence and number of outbreaks;
(c)
for the specific objective in paragraph 1(b)(iii):
(i)
the coverage of the Union territory by surveys for pests, in particular for pests not known to occur in the Union territory and pests considered to be most dangerous for the Union territory;
(ii)
the time and success rate for the eradication of those pests;
(d)
for the specific objective in paragraph 1(b)(iv), a favourable trend in the results of controls in particular areas of concern carried out and reported on by Commission experts in the Member States.
CHAPTER II
Forms of financing and general financial provisions
Article 3
Forms of financing
1. Union financing for the expenditure referred to in Article 1 shall be implemented in accordance with Regulation (EU, Euratom) No 966/2012.
2. When grants are awarded to the competent authorities of the Member States, they shall be considered to be identified beneficiaries within the meaning of Article 128(1) of Regulation (EU, Euratom) No 966/2012. Such grants may be awarded without a call for proposals.
3. The Union financial contribution for the measures referred to in this Regulation may also take the form of voluntary payments to international organisations, of which the Union is a member or in whose work it participates, that are active in the areas covered by the rules referred to in Article 1.
Article 4
Budget
1. The ceiling for the expenditure referred to in Article 1 for the period 2014 to 2020 shall be EUR 1 891 936 000 in current prices.
2. The ceiling referred to in paragraph 1 may also cover expenses relating to preparatory, monitoring, control, audit and evaluation activities which are required for the management and the achievement of the objectives, of the expenditure referred to in Article 1, in particular regarding studies and meetings of experts, the expenses linked to IT networks focusing on information processing and exchange, and all other costs of technical and administrative assistance incurred by the Commission for the management of that expenditure.
3. The ceiling may also cover the technical and administrative assistance expenses necessary to ensure the transition from actions adopted before to actions adopted after the entry into force of this Regulation. If necessary, appropriations may be entered in the budget beyond 2020 to cover similar expenses in order to enable the management of actions not yet completed by 31 December 2020.
Article 5
Maximum rates of grants
1. Where the Union financial contribution takes the form of a grant, it shall not exceed 50 % of the eligible costs.
2. The maximum rate referred to in paragraph 1 may be increased to 75 % of the eligible costs in respect of:
(a)
cross-border activities implemented together by two or more Member States in order to control, prevent or eradicate pests or animal diseases;
(b)
Member States whose gross national income per inhabitant based on the latest Eurostat data is less than 90 % of the Union average.
3. The maximum rate referred to in paragraph 1 may be increased to 100 % of the eligible costs where the activities benefitting from the Union contribution concern the prevention and control of serious human, plant and animal health risks for the Union, and:
(a)
are designed to avoid human casualties or major economic disruptions for the Union as a whole;
(b)
are specific tasks which are indispensable for the Union as a whole as laid down by the Commission in the work programme adopted in accordance with Article 36(1); or
(c)
are implemented in third countries.
TITLE II
FINANCIAL PROVISIONS
CHAPTER I
Animal health
Section 1
Emergency Measures
Article 6
Eligible measures
1. Grants may be awarded to Member States up to the maximum rates set in Article 5(1) to (3) in respect of the measures taken as a result of the confirmation that one of the animal diseases listed pursuant to Article 7 has occurred, provided that the measures have been applied immediately and the applicable provisions laid down in the relevant Union law have been complied with. Such grants may also include costs incurred as a result of a suspected occurrence of such a disease, provided that the occurrence is subsequently confirmed.
2. Grants may be awarded to Member States where, following the confirmation of the occurrence of one of the animal diseases listed pursuant to Article 7, two or more Member States collaborate closely to control the epidemic.
3. Grants may be awarded to Member States, third countries and international organisations in respect of protection measures taken in the case of a direct threat to the health status of the Union as a result of the occurrence or development, in the territory of a third country or a Member State, of one of the animal diseases and zoonoses listed pursuant to Articles 7 or 10.
4. Grants may be awarded to Member States where the Commission decides, at the request of a Member State, that they must establish stocks of biological products intended for the control of the animal diseases and zoonoses listed pursuant to Article 7 or 10.
5. A Union financial contribution may be awarded for the establishment of stocks of biological products or the acquisition of vaccine doses if the occurrence or the development in a third country or Member State of one of the animal diseases and zoonoses listed pursuant to Article 7 or 10 might constitute a threat to the Union.
Article 7
List of animal diseases
1. The list of animal diseases which qualify for funding under Article 6 is set out in Annex I.
2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 40, in order to supplement the list of animal diseases referred to in paragraph 1, taking into account the animal diseases which are required to be notified in accordance with Directive 82/894/EEC and the diseases which are likely to constitute a new threat for the Union due to their significant impact on:
(a)
human health;
(b)
animal health or animal welfare; or
(c)
the agricultural or aquaculture production or related sectors of the economy.
Article 8
Eligible costs
1. The following costs incurred by the Member States in carrying out the measures referred to in Article 6(1) may qualify for funding under that paragraph:
(a)
costs of compensation to owners for the value of their animals slaughtered or culled, limited to the market value of such animals if they had not been affected by the disease;
(b)
costs of slaughtering or culling the animals and related transport costs;
(c)
costs of compensation to owners for the value of their destroyed products of animal origin, limited to the market value of those products immediately before any suspicion of the disease arose or was confirmed;
(d)
costs of cleaning, desinsectisation and disinfection of holdings and equipment, based on the epidemiology and characteristics of the pathogen;
(e)
costs for the transport and the destruction of the contaminated feeding stuffs and, where it can not be disinfected, contaminated equipment;
(f)
costs of purchase, storage, administration or distribution of vaccines and baits as well as the costs of inoculation itself, if the Commission decides or authorises such actions;
(g)
costs of transport and disposal of carcasses;
(h)
in exceptional and duly justified cases, any other costs essential for the eradication of the disease, as provided for in the financing decision referred to in Article 36(4) of this Regulation.
2. As referred to in Article 130(1) of Regulation (EU, Euratom) No 966/2012, costs shall be eligible from the date of notification of the occurrence of the disease by the Member States to the Commission. Such costs may also include costs incurred as a result of a suspected occurrence of such a disease, provided that that occurrence is subsequently confirmed.
3. After assessment of the payment applications submitted by the Member States, the Commission shall make the corresponding budgetary commitments and shall pay the eligible expenditure.
Section 2
Programmes for the eradication, control and surveillance of animal diseases and zoonoses
Article 9
Eligible programmes
Grants may be awarded to Member States’ annual or multiannual national programmes for the eradication, control and surveillance of the animal diseases and zoonoses listed pursuant to Article 10 (‘national programmes’).
Article 10
List of animal diseases and zoonoses
1. The list of animal diseases and zoonoses which qualify for grants under Article 9 is set out in Annex II.
2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 40, in order to supplement the list of animal diseases and zoonoses referred to in paragraph 1 of this Article, taking into account:
(a)
the situation of animal diseases that have a significant impact on livestock production or trade;
(b)
the development of zoonoses which pose a threat to humans; or
(c)
new scientific or epidemiological developments.
Article 11
Eligible costs
The following costs incurred by the Member States in implementing the national programmes may qualify for grants under Article 9:
(a)
costs of sampling animals;
(b)
costs of tests, provided that they are limited to:
(i)
costs of test kits, reagents, and consumables which are identifiable and specifically used for carrying out those tests;
(ii)
costs of personnel, regardless of their status, directly involved in carrying out the tests;
(c)
costs of compensation to owners for the value of their animals slaughtered or culled, limited to the market value of such animals if they had not been affected by the disease;
(d)
costs of slaughtering or culling of the animals;
(e)
costs of compensation to owners for the value of their destroyed products of animal origin, limited to the market value of those products immediately before any suspicion of the disease arose or was confirmed;
(f)
costs of purchase, storage, inoculation, administration or distribution of vaccine doses or vaccine and baits used for the programmes;
(g)
costs of cleaning, disinfection, desinsectisation of the holding and equipment based on the epidemiology and characteristics of the pathogen; and
(h)
in exceptional and duly justified cases, the costs incurred in carrying out necessary measures other than those referred to in points (a) to (g), provided that such measures are set out in the grant decision referred to in Article 13(3) and (4).
For the purposes of point (c) of the first paragraph, the salvage value of the animals, if any, shall be deducted from the compensation.
For the purposes of point (d) of the first paragraph, the salvage value of heat-treated non-incubated eggs shall be deducted from the compensation.
Article 12
Content and submission of the national programmes
1. By 31 May, Member States shall submit to the Commission the national programmes which are due to start in the following year in respect of which they wish to apply for a grant.
National programmes submitted after 31 May shall not be eligible for financing in respect of the following year.
2. The national programmes shall contain at least the following:
(a)
a description of the epidemiological situation of the animal disease or zoonosis before the date of the beginning of the programme;
(b)
a description and demarcation of the geographical and administrative areas in which the programme is to be applied;
(c)
the duration of the programme;
(d)
the measures to be implemented;
(e)
the estimated budget;
(f)
the targets to be attained by the completion date of the programme and the anticipated benefits thereof; and
(g)
appropriate indicators to measure the achievement of the targets of the programme.
In each multiannual national programme, the information referred to in points (b), (d), and (f) of the first subparagraph shall be provided for each year covered by the programme, in the case of significant changes compared to the previous year. The information referred to in point (e) of that subparagraph shall be provided for each year covered by the programme.
3. If the occurrence or the development of one of the animal diseases or zoonoses listed pursuant to Article 10 is likely to constitute a threat to the health status of the Union and in order to protect the Union from the introduction of one of those diseases or zoonoses, Member States may include in their national programmes measures to be implemented in territories of neighbouring third countries in cooperation with the authorities of those countries.
Article 13
Evaluation and approval of the national programmes
1. The Commission shall evaluate the national programmes taking into account the priorities and criteria set out in the annual or multiannual work programmes referred to in Article 36(1).
2. The Commission shall communicate to Member States by 30 November each year:
(a)
the list of national programmes technically approved and proposed for co-financing;
(b)
the provisional amount allocated to each programme;
(c)
the provisional maximum level of the Union financial contribution for each programme; and
(d)
any provisional conditions to which the Union financial contribution may be subject.
3. The Commission shall approve the annual national programmes and associated funding by 31 January each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January to 31 December of that year. Following submission of the intermediate reports as referred to in Article 14, the Commission may, if necessary, amend such decisions in relation to the whole eligibility period.
4. The Commission shall approve the multiannual national programmes and associated funding by 31 January of the first year of implementation by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January of the first year of implementation until the end of the implementation period.
5. In the case of approval of multiannual national programmes in accordance with paragraph 4, budgetary commitments may be divided into annual instalments. Where budgetary commitments are so divided, the Commission shall commit the annual instalments taking into account the progress of the programmes, the estimated needs and the budget available.
Article 14
Reporting
For each approved annual or multiannual national programme, Member States shall submit to the Commission, by 30 April each year, an annual detailed technical and financial report covering the previous year. That report shall include the results achieved, measured on the basis of the indicators referred to in Articles 12(2)(g) and a detailed account of eligible costs incurred.
In addition, for each approved annual national programme, Member States shall submit to the Commission, by 31 August each year, an intermediate financial report.
Article 15
Payments
The payment request for a given year in respect of a national programme shall be submitted by the Member State to the Commission by 30 April of the following year.
The Commission shall pay the Union financial contribution for the eligible costs following appropriate verification of the reports referred to in Article 14.
CHAPTER II
Plant health
Section 1
Emergency measures
Article 16
Eligible measures
1. Grants may be awarded to Member States up to the maximum rates set in Article 5(1) to (3) for the following measures against pests, subject to the conditions laid down in Article 17:
(a)
measures to eradicate a pest from an infested area, taken by the competent authorities pursuant to Article 16(1) and (2) of Directive 2000/29/EC or pursuant to the Union measures adopted in accordance with Article 16(3) of that Directive;
(b)
measures to contain a pest, against which Union containment measures have been adopted pursuant to Article 16(3) of Directive 2000/29/EC, in an infested area from which that pest cannot be eradicated, where those measures are essential to protect the Union against further spread of that pest. Those measures shall exclusively concern the eradication of that pest from the buffer zone in case its presence is detected in that buffer zone;
(c)
additional protective measures taken against the spread of a pest, against which Union measures have been adopted pursuant to Article 16(3) of Directive 2000/29/EC, other than the eradication measures referred to in point (a) and the containment measures referred to in point (b), where those measures are essential to protect the Union against further spread of that pest.
Grants for measures referred to in points (a) and (b) of the first subparagraph may also be awarded for measures taken as a result of a suspected presence of such a pest, provided that that presence is subsequently confirmed.
2. Grants referred to in paragraph 1 may also be awarded to a Member State in whose territory the pests referred to in paragraph 1 are not present, where measures have been taken against the entry of those pests into the territory of that Member State because of their presence in a neighbouring Member State or third country immediately adjacent to its border.
3. Grants may be awarded to Member States where, following the confirmation of the presence of one of the pests referred to in Article 17, two or more Member States collaborate closely in carrying out the measures referred to in paragraph 1.
4. Grants in respect of the measures referred to in points (a) to (c) of the first subparagraph of paragraph 1 may also be awarded to international organisations.
Article 17
Conditions
The measures referred to in Article 16 may qualify for grants provided that they have been applied immediately and the applicable provisions laid down in the relevant Union law have been complied with, and provided that one or more of the following conditions are fulfilled:
(a)
they concern pests listed in Section I of Part A of Annex I to Directive 2000/29/EC and Section I of Part A of Annex II thereto;
(b)
they concern pests covered by a measure adopted by the Commission pursuant to Article 16(3) of Directive 2000/29/EC;
(c)
they concern pests for which measures have been adopted pursuant to Directives 69/464/EEC, 93/85/EEC, 98/57/EC or 2007/33/EC; or
(d)
they concern pests, not listed in Annex I or Annex II to Directive 2000/29/EC, which are subject to a measure adopted by the competent authority of a Member State pursuant to Article 16(2) of Directive 2000/29/EC and which provisionally qualify for listing in Section I of Part A of Annex I to Directive 2000/29/EC or Section I of Part A of Annex II thereto.
For measures fulfilling the condition laid down in point (b) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 16(3) of Directive 2000/29/EC.
For measures fulfilling the condition laid down in point (d) of the first paragraph, the grant shall not cover costs incurred later than two years after the entry into force of the measure adopted by the competent authority of the Member State concerned, or incurred after the expiry of that measure.
Article 18
Eligible costs
1. The following costs incurred by Member States in carrying out the measures referred to in Article 16 may qualify for grants under that Article:
(a)
costs of personnel, regardless of their status, directly involved in the measures, as well as costs of renting equipment, of consumables and of any other necessary materials, of treatment products, of sampling and of laboratory tests;
(b)
costs of service contracts with third parties to execute part of the measures;
(c)
costs of compensating the operators or owners concerned for the treatment, the destruction and subsequent removal of plants, of plant products and of other objects, and for the cleaning and disinfection of premises, land, water, soil, growing media, facilities, machinery and equipment;
(d)
costs of compensating the owners concerned for the value of the destroyed plants, plant products or other objects subject to the measures referred to in Article 16 of Directive 2000/29/EC, limited to the market value of such plants, plant products and other objects as if they had not been affected by those measures; the salvage value, if any, shall be deducted from the compensation; and
(e)
in exceptional and duly justified cases, the costs incurred in carrying out necessary measures other than those referred to in points (a) to (d), provided that such measures are set out in the financing decision referred to in Article 36(4).
The compensation to owners referred to in point (c) shall only be eligible if the measures have been carried out under the supervision of the competent authority.
2. As referred to in Article 130(1) of Regulation (EU, Euratom) No 966/2012, costs shall be eligible from the date of notification of the presence of the pest by the Member States to the Commission. Such costs may also include costs incurred as a result of the suspected presence of that pest, provided that that presence is subsequently confirmed.
3. After assessment of the payment applications submitted by the Member States, the Commission shall make the corresponding budgetary commitments and the payment of eligible expenditure.
Section 2
Survey programmes concerning the presence of pests
Article 19
Eligible survey programmes
Grants may be awarded to Member States for annual and multiannual survey programmes that they carry out concerning the presence of pests (‘survey programmes’), provided that those survey programmes comply with at least one of the following conditions:
(a)
they concern pests listed in Section I of Part A of Annex I to Directive 2000/29/EC and Section I of Part A of Annex II thereto;
(b)
they concern pests covered by a measure adopted by the Commission pursuant to Article 16(3) of Directive 2000/29/EC.
For the pests referred to in point (a) of the first paragraph of this Article, the survey programmes shall be based on an assessment of the risk of the entry, establishment and spread of those pests in the territory of the Member State concerned and shall as a minimum target the pests that pose the main risks and the main plant species that are exposed to those risks.
For measures fulfilling the condition laid down in point (b) of the first paragraph of this Article, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 16(3) of Directive 2000/29/EC.
Article 20
Eligible costs
The following costs incurred by the Member States in implementing the survey programmes referred to in Article 19 may qualify for grants under that Article:
(a)
costs for sampling;
(b)
costs of tests, provided that they are limited to:
(i)
the costs of test kits, of reagents and of consumables which are identifiable and specifically used for carrying out the tests;
(ii)
the costs of personnel, regardless of their status, directly involved in carrying out the tests;
(c)
in exceptional and duly justified cases, costs incurred in carrying out necessary measures other than those referred to in points (a) and (b), provided that such measures are set out in the grant decision referred to in Article 22(3) and (4).
Article 21
Content and submission of the survey programmes
1. By 31 May, Member States shall submit to the Commission the survey programmes which are due to start in the following year in respect of which they wish to apply for a grant.
Survey programmes submitted after 31 May shall not be eligible for financing in respect of the following year.
2. The survey programmes shall contain at least the following:
(a)
the pests included in the programme;
(b)
a description and demarcation of the geographical and administrative areas in which the programme is to be applied and a description of the status of those areas as regards the presence of the pests concerned;
(c)
the duration of the programme;
(d)
the number of visual examinations, samples and tests scheduled for the pests and plants, plants products and other objects concerned;
(e)
the estimated budget;
(f)
the targets to be attained by the completion date of the programme and the anticipated benefits thereof; and
(g)
appropriate indicators to measure the achievement of the targets of the programme.
In each multiannual survey programme, the information referred to in points (b), (d), and (f) of the first subparagraph shall be provided for each year covered by the programme, in the case of significant changes compared to the previous year. The information referred to in point (e) of that subparagraph shall be provided for each year covered by the programme.
Article 22
Evaluation and approval of the survey programmes
1. The Commission shall evaluate the survey programmes taking into account the priorities and criteria set out in the annual or multiannual work programmes referred to in Article 36(1).
2. The Commission shall communicate to Member States by 30 November each year:
(a)
the list of survey programmes technically approved and proposed for co-financing;
(b)
the provisional amount allocated to each programme;
(c)
the provisional maximum level of the Union financial contribution for each programme; and
(d)
any provisional conditions to which the Union financial contribution may be subject.
3. The Commission shall approve the annual survey programmes and associated funding by 31 January each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January to 31 December of that year. Following submission of the intermediate reports as referred to in Article 23, the Commission may, if necessary, amend such decisions in relation to the whole eligibility period.
4. The Commission shall approve the multiannual survey programmes and associated funding by 31 January of the first year of implementation by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January of the first year of implementation until the end of the implementation period.
5. In the case of approval of multiannual survey programmes in accordance with paragraph 4, budgetary commitments may be divided into annual instalments. Where budgetary commitments are so divided, the Commission shall commit the annual instalments taking into account the progress of the programmes, the estimated needs and the budget available.
Article 23
Reporting
For each approved annual or multiannual survey programme, Member States shall submit to the Commission, by 30 April each year, an annual detailed technical and financial report covering the previous year. That report shall include the results achieved, measured on the basis of the indicators referred to in Articles 21(2)(g) and a detailed account of eligible costs incurred. In addition, for each approved annual survey programme, Member States shall submit to the Commission, by 31 August each year, an intermediate financial report.
Article 24
Payments
The payment request for a given year in respect of a survey programme shall be submitted by the Member State to the Commission by 30 April of the following year.
The Commission shall pay the Union financial contribution for the eligible costs following appropriate verification of the reports referred to in Article 23.
Section 3
Programmes concerning the control of pests in outermost regions of the Union
Article 25
Eligible measures and eligible costs
1. Grants may be awarded to Member States for programmes that they carry out for the control of pests in the outermost regions of the Union referred to in Article 349 TFEU in line with the objectives set out in Article 2 of Regulation (EU) No 228/2013 (‘programmes for the outermost regions’). Those grants shall concern activities necessary to ensure the correct implementation in those regions of the rules, whether they are Union rules or national rules, in force in those regions, on the control of pests.
2. The following costs incurred by Member States for programmes for the outermost regions may qualify for a Union financial contribution:
(a)
costs of personnel, regardless of their status, directly involved in the implementation of the measures, as well as the costs of renting equipment, of consumables and of treatment products;
(b)
costs of service contracts with third parties to execute part of the measures;
(c)
costs of sampling;
(d)
costs of tests, provided that they are limited to:
(i)
the costs of test kits, of reagents and of consumables which are identifiable and specifically used for carrying out the tests;
(ii)
the costs of personnel, regardless of their status, directly involved in carrying out the tests.
Article 26
Content and submission of the programmes for the outermost regions
1. By 31 May Member States shall submit to the Commission the programmes for the outermost regions which are due to start in the following year in respect of which they wish to apply for a grant.
Programmes for the outermost regions submitted after 31 May shall not be eligible for financing in respect of the following year.
2. The programmes for the outermost regions shall contain at least the following:
(a)
the pests included in the programme;
(b)
a description and demarcation of the geographical and administrative areas in which the programme is to be applied and a description of the status of those areas as regards the presence of the pests concerned;
(c)
a technical analysis of the regional phytosanitary situation;
(d)
the duration of the programme;
(e)
the activities included in the programme and, where relevant, the number of visual examinations, samples and tests scheduled for the pests and plants, plants products and other objects concerned;
(f)
the estimated budget;
(g)
the targets to be attained by the completion date of the programme and the anticipated benefits thereof; and
(h)
appropriate indicators to measure the achievement of the targets of the programme.
In each multiannual programme for the outermost regions, the information referred to in points (b), (e) and (g) of the first subparagraph shall be provided for each year covered by the programme, in the case of significant changes compared to the previous year. The information referred to in point (f) of that subparagraph shall be provided for each year covered by the programme.
Article 27
Evaluation and approval of the programmes for the outermost regions
1. The programmes for the outermost regions shall be evaluated taking into account the priorities and criteria set out in the annual or multiannual work programmes referred to in Article 36(1).
2. The Commission shall communicate to Member States by 30 November each year:
(a)
the list of programmes for the outermost regions technically approved and proposed for co-financing;
(b)
the provisional amount allocated to each programme;
(c)
the provisional maximum level of the Union financial contribution for each programme; and
(d)
any provisional conditions to which the Union financial contribution may be subject.
3. Annual programmes for the outermost regions and associated funding shall be approved by 31 January each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January to 31 December of that year. Following submission of the intermediate reports as referred to in Article 28, the Commission may, if necessary, amend such decisions in relation to the whole eligibility period.
4. Multiannual programmes for the outermost regions and associated funding shall be approved by 31 January of the first year of implementation by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January of the first year of implementation until the end of the implementation period.
5. In the case of approval of multiannual programmes for the outermost regions in accordance with paragraph 4, budgetary commitments may be divided into annual instalments. Where budgetary commitments are so divided, the Commission shall commit the annual instalments taking into account the progress of the programmes, the estimated needs and the budget available.
Article 28
Reporting
For each approved annual or multiannual programme for the outermost regions, Member States shall submit to the Commission, by 30 April each year, an annual detailed technical and financial report covering the previous year. That report shall include the results achieved, measured on the basis of the indicators referred to in point (h) of the first subparagraph of Article 26(2) and a detailed account of eligible costs incurred.
In addition, for each approved annual programme for the outermost regions, Member States shall submit to the Commission, by 31 August each year, an intermediate financial report.
Article 29
Payments
The payment request for a given year in respect of a programme for the outermost regions shall be submitted by the Member State to the Commission by 30 April of the following year.
The Commission shall pay the Union financial contribution for the eligible costs following appropriate verification of the reports referred to in Article 28.
CHAPTER III
Financial support to official controls and other activities
Article 30
European Union reference laboratories
1. Grants may be awarded to the European Union reference laboratories referred to in Article 32 of Regulation (EC) No 882/2004 for the costs that they incur in implementing the work programmes approved by the Commission.
2. The following costs may be eligible for grants under paragraph 1:
(a)
costs of personnel, regardless of their status, directly involved in activities of the laboratories which are carried out in their capacity of Union reference laboratory;
(b)
costs of capital equipment;
(c)
cost of consumables;
(d)
costs of shipment of samples, missions, meetings, training activities.
Article 31
Training
1. The Union may finance the training of the staff of the competent authorities responsible for official controls, as referred to in Article 51 of Regulation (EC) No 882/2004, in order to develop a harmonised approach to official controls and other official activities to ensure a high level of protection of human, animal and plant health.
2. The Commission shall develop training programmes identifying the priorities for intervention, based on the identified risks for public health, animal health and welfare and plant health.
3. In order to be eligible for Union financing as referred to in paragraph 1, the competent authorities shall ensure that the knowledge acquired through the training activities referred to in that paragraph is disseminated as necessary and that it is appropriately used in the national training programmes.
4. The following costs may be eligible for the financial contribution referred to in paragraph 1:
(a)
cost of the organisation of the training, including training that is also open to participants from third countries, or exchange activities;
(b)
costs of travel, accommodation and daily subsistence of the personnel of the competent authorities taking part in the training.
Article 32
Experts from the Member States
A Union financial contribution may be granted for the travel, accommodation and daily subsistence expenses incurred by Member States’ experts as a result of the Commission appointing them to assist its experts as provided for in Articles 45(1) and 46(1) of Regulation (EC) No 882/2004.
Article 33
Coordinated control plans and data collection
1. Grants may be awarded to Member States for the costs incurred for the implementation of the coordinated control plans referred to in Article 53 of Regulation (EC) No 882/2004 and for data collection.
2. The following costs may qualify for such grants:
(a)
costs of sampling and laboratory tests,
(b)
cost of equipment necessary to perform the official control and data collection tasks.
CHAPTER IV
Other measures
Article 34
Information systems
1. The Union shall finance the establishment and operation of the data bases and computerised information management systems, managed by the Commission, which are necessary for the effective and efficient implementation of the rules referred to in Article 1.
2. A Union financial contribution may be granted for the establishment and management of data bases and computerised information management systems of third parties, including international organisations, provided that those data bases and computerised information management systems:
(a)
have a proven added value for the Union as a whole and are available across the Union to all interested users; and
(b)
are necessary for the effective and efficient implementation of the rules referred to in Article 1.
Article 35
Implementation and adaptation of the rules
1. The Union may finance technical and scientific work, including studies and coordination activities, necessary to ensure the correct implementation of the rules in respect of the fields referred to in Article 1 and the adaptation of those rules to scientific, technological and societal developments.
A Union financial contribution may also be granted to the Member States or international organisations operating in the fields referred to in Article 1 in order for them to undertake activities in support of the development and implementation of the rules in respect of those fields.
2. Grants may be awarded to projects organised by one or more Member States with the aim of improving, through the use of innovative techniques and protocols, the efficient performance of official controls.
3. A Union financial contribution may also be granted to support information and awareness raising initiatives by the Union and Member States aimed at ensuring improved, compliant and sustainable behaviour in the implementation of the rules in respect of the fields referred to in Article 1.
TITLE III
PROGRAMMING, IMPLEMENTATION AND CONTROL
Article 36
Work programmes and financial contributions
1. The Commission shall adopt implementing acts, establishing common or separate annual or multiannual work programmes for the implementation of the measures referred to in Title II, except for Section 1 of Chapter I and Section 1 of Chapter II thereof. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).
2. The work programmes referred to in paragraph 1 shall set out the operational objectives pursued, which shall be in accordance with the general and specific objectives laid down in Article 2, the expected results, the method of implementation and their total amount. They shall also contain a description of the measures to be financed, an indication of the amount allocated to each measure and an indicative implementation timetable. In respect of grants, they shall include the priority actions, the evaluation criteria, the funding rate and the indicative list of eligible measures and costs, in accordance with Article 3 of this Regulation.
3. The work programmes for implementing the measures referred to in Section 2 of Chapter I of Title II, and in Section 2 and Section 3 of Chapter II of Title II shall be adopted by 30 of April of the year preceding their execution, provided that the draft budget is adopted. Those work programmes shall reflect the priorities as laid down in Annex III to this Regulation.
4. With regard to the implementation of the emergency measures referred to in Section 1 of Chapter I of Title II and Section 1 of Chapter II of Title II, or where it is necessary to respond to unforeseeable developments, the Commission shall adopt implementing acts, setting out its decision on the financial contribution. Those implementing acts shall be adopted, in accordance with the examination procedure referred to in Article 41(2).
5. The Commission shall adopt implementing acts laying down the procedures for submission by Member States of applications, reports and requests for payments for the grants referred to in Sections 1 and 2 of Chapter I, and Sections 1, 2 and 3 of Chapter II of Title II. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).
Article 37
On-the-spot checks by the Commission
The Commission may organise on-the-spot checks in Member States and at the premises of the beneficiaries with a view to verifying in particular:
(a)
the effective implementation of the measures benefitting from the Union financial contribution;
(b)
the compliance of administrative practices with Union rules;
(c)
the existence of the requisite supporting documents and their correlation with the measures benefitting from a Union contribution.
Article 38
Access to information
Member States and beneficiaries shall make available to the Commission all information necessary for verifying the implementation of the measures and shall take all appropriate measures to facilitate the checks which the Commission deems to be appropriate in connection with the management of Union financing, including on-the-spot checks.
Article 39
Protection of the Union’s financial interests
1. The Commission shall take appropriate measures ensuring that, when measures financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, where irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive penalties.
2. The Commission, or its representatives, and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, implementing bodies, contractors and subcontractors who have received Union funds under this Regulation.
The European Anti-Fraud Office (OLAF) shall be authorised to carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Council Regulation (Euratom, EC) No 2185/96 (24) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or decision or a contract concerning Union funding.
Without prejudice to the first and the second subparagraphs, cooperation agreements with third countries and international organisations, grant agreements, grant decisions and contracts resulting from the implementation of this Regulation shall expressly entitle the Commission, the Court of Auditors and OLAF to conduct such audits, on-the-spot checks and inspections.
TITLE IV
GENERAL AND FINAL PROVISIONS
Article 40
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 7(2) and Article 10(2) shall be conferred on the Commission for a period of seven years from 30 June 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 seven-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 Article 7(2) and Article 10(2) 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 Article 7(2) and Article 10(2) 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 41
Committee procedure
1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. 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.
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.
Article 42
Evaluation
1. By 30 June 2017 the Commission shall establish and present to the European Parliament and to the Council a mid-term evaluation report on whether, in terms of their results and impacts, the measures referred to in Chapters I and II of Title II and in Articles 30 and 31 of Chapter III achieve the objectives set out in Article 2(1), as regards the efficiency of the use of resources and its added value, at Union level. The evaluation report shall also address the scope for simplification, the continued relevance of all objectives, and the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account evaluation results on the long-term impact of the predecessor measures. The report shall be accompanied, if appropriate, by a legislative proposal to amend this Regulation.
2. By 30 June 2022 the Commission shall carry out an ex-post evaluation of the measures referred to in paragraph 1 of this Article in close cooperation with the Member States. That ex-post evaluation shall examine the effectiveness and efficiency of the expenditure referred to in Article 1 and its impact.
3. The evaluations referred to in paragraphs 1 and 2 of this Article shall take account of the progress made by using the indicators referred to in Article 2(2).
4. The Commission shall communicate the conclusions of the evaluations referred to in paragraphs 1 and 2 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Article 43
Information, communication and publicity
1. Where appropriate, beneficiaries and Member States concerned shall ensure that suitable publicity is given to financial contributions granted under this Regulation in order to inform the public of the role of the Union in the funding of the measures.
2. The Commission shall implement information and communication actions on the measures funded and results. Moreover, budget allocated to communication under this Regulation shall also cover corporate communication on the political priorities of the Union.
Article 44
Repeals
1. Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC are repealed.
2. References to Decisions 66/399/EEC and 76/894/EEC shall be construed as references to Article 58(1) of Regulation (EC) No 178/2002.
3. References to Decision 2009/470/EC shall be construed as references to this Regulation.
Article 45
Transitional provisions
1. The Member States’ national programmes referred to in Article 12(1) of this Regulation, submitted to the Commission in 2012 for implementation in 2013, those submitted in 2013 for implementation in 2014, and those submitted by 30 April 2014 for implementation in 2015, shall, if approved, be eligible for Union funding on the basis of Article 27 of Decision 2009/470/EC.
For national programmes implemented in 2013 and 2014, Article 27(7) and (8) of that Decision shall continue to apply.
For national programmes implemented in 2015, Article 27(2) of that Decision shall continue to apply.
2. The survey programmes of Member States referred to in Article 21(1) of this Regulation, submitted to the Commission by 30 April 2014 for implementation in the year 2015, shall be eligible for Union funding on the basis of Article 23(6) of Directive 2000/29/EC. For those survey programmes, Article 23(6) of that Directive shall continue to apply.
3. For applications of Member States for Union funding for the emergency measures referred to in Article 16 of this Regulation, submitted to the Commission by 30 April 2014, Articles 22 to 24 of Directive 2000/29/EC shall continue to apply.
Article 46
Amendment of Directive 98/56/EC
Directive 98/56/EC is amended as follows:
(1)
In Article 17, paragraph 1 is replaced by the following:
‘1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (25). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (26).
(25) 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)."
(26) 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 the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’"
(2)
In Article 18, paragraph 1 is replaced by the following:
‘1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.’.
Article 47
Amendment of Directive 2000/29/EC
Directive 2000/29/EC is amended as follows:
(1)
In Article 13c, paragraph 5 is deleted.
(2)
The following Article is inserted:
‘Article 15a
Member States shall provide that anyone who becomes aware of the presence of a pest listed in Annex I or Annex II or a pest covered by a measure pursuant to Article 16(2) or 16(3), or has reason to suspect such a presence, shall notify, in writing, the competent authority within ten calendar days, and, if so requested by that competent authority, shall provide the information concerning that presence which is in its possession.’.
(3)
Articles 22 to 26 are deleted.
Article 48
Amendment of Regulation (EC) No 178/2002
In Article 58 of Regulation (EC) No 178/2002, paragraph 1 is replaced by the following:
‘1. The Commission shall be assisted by a Standing Committee on Plants, Animals, Food and Feed, hereinafter referred to as the ‘Committee’. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (27). The Committee shall be organised in sections to deal with all relevant matters.
All references in Union law to the Standing Committee on the Food Chain and Animal Health shall be construed as references to the Committee referred to in the first subparagraph.
Article 49
Amendment of Regulation (EC) No 882/2004
Article 66 of Regulation (EC) No 882/2004 is deleted.
Article 50
Amendment of Regulation (EC) No 396/2005
Chapter VII of Regulation (EC) No 396/2005 is deleted.
Article 51
Amendment of Directive 2008/90/EC
In Article 19 of Directive 2008/90/EC, paragraph 1 is replaced by the following:
‘1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (28). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (29).
Article 52
Amendment of Directive 2009/128/EC
Article 22 of Directive 2009/128/EC is deleted.
Article 53
Amendment of Regulation (EC) No 1107/2009
Article 76 of Regulation (EC) No 1107/2009 is deleted.
Article 54
Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 30 June 2014.
However, point (d) of Article 18(1) and point (2) of Article 47 shall apply from 1 January 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 May 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 67, 6.3.2014, p. 166.
(2) Position of the European Parliament of 2 April 2014 (not yet published in the Official Journal) and decision of the Council of 8 May 2014.
(3) 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).
(4) OJ C 373, 20.12.2013, p. 1.
(5) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).
(6) Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1).
(7) Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot (OJ L 259, 18.10.1993, p. 1).
(8) Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (OJ L 235, 21.8.1998, p. 1).
(9) Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (OJ L 156, 16.6.2007, p. 12).
(10) 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).
(11) 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).
(12) Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (OJ L 155, 18.6.2009, p. 30).
(13) Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (OJ L 378, 31.12.1982, p. 58).
(14) 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 the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(15) Council Decision 66/399/EEC of 14 June 1966 setting up a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (OJ 125, 11.7.1966, p. 2289/66).
(16) Council Decision 76/894/EEC of 23 November 1976 establishing a Standing Committee on Plant Health (OJ L 340, 9.12.1976, p. 25).
(17) Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.1998, p. 16).
(18) Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).
(19) 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).
(20) Regulation (EC) No 882/2004 of 29 April 2004 of the European Parliament and of the Council 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).
(21) 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 (OJ L 70, 16.3.2005, p. 1).
(22) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).
(23) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of the plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(24) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
ANNEX I
Animal diseases referred to in Article 7
—
Rinderpest cattle plague
—
Sheep and goat plague
—
Swine vesicular disease
—
Bluetongue
—
Teschen disease
—
Sheep pox or goat pox
—
Rift Valley fever
—
Lumpy skin disease
—
African horse sickness
—
Vesicular stomatitis
—
Venezuelan equine viral encephalomyelitis
—
Haemorrhagic disease of deer
—
Classical swine fever
—
African swine fever
—
Contagious bovine pleuropneumonia
—
Avian influenza
—
Newcastle disease
—
Foot-and-mouth disease
—
Epizootic haematopoietic necrosis in fish (EHN)
—
Epizootic ulcerative syndrome in fish (EUS)
—
Infection with Bonamia exitiosa
—
Infection with Perkinsus marinus
—
Infection with Microcytos mackini
—
Taura syndrome in crustaceans
—
Yellowhead disease in crustaceans
ANNEX II
Animal diseases and zoonoses referred to in Article 10
—
Bovine tuberculosis
—
Bovine brucellosis
—
Ovine and caprine brucellosis (B. melitensis)
—
Bluetongue in endemic or high risk areas
—
African swine fever
—
Swine vesicular disease
—
Classical swine fever
—
Anthrax
—
Contagious bovine pleuropneumonia
—
Avian influenza
—
Rabies
—
Echinococcosis
—
Transmissible spongiform encephalopathies (TSE)
—
Campylobacteriosis
—
Listeriosis
—
Salmonellosis (zoonotic salmonella)
—
Trichinellosis
—
Verotoxigenic E. coli
—
Viral haemorrhagic septicæmia (VHS)
—
Infectious haematopoietic necrosis (IHN)
—
Koi herpes virus disease (KHV)
—
Infectious salmon anaemia (ISA)
—
Infection with Marteilia refringens
—
Infection with Bonamia ostreae
—
White spot disease in crustaceans
ANNEX III
Priorities for the Commission work programmes referred to in Section 2 of Chapter I of Title II, and in Section 2 and Section 3 of Chapter II of Title II
Priorities for Union financial support, as regards the orientation of national programmes for the eradication, control and surveillance of animal diseases and zoonoses:
—
diseases with impact on human health;
—
diseases with impact on animal health, taking into consideration their potential spread and the morbidity and mortality rates in animal population;
—
diseases and zoonoses which risk being introduced and/or re-introduced into the Union territory from third countries;
—
diseases which have the potential to generate a crisis situation with serious economic consequences;
—
diseases with impact on trade with third countries and intra-EU trade.
Priorities for Union financial support, as regards the orientation of national programmes for pest surveys for the protection of the Union territory:
—
pests listed in Section I of Part A of Annex I and Section I of Part A of Annex II to Directive 2000/29/EC as not known to occur in the Union territory;
—
pests subject to Union measures adopted pursuant to Article 16(3) of Directive 2000/29/EC;
—
pests which are not listed in Directive 2000/29/EC and represent an imminent danger to the Union territory;
—
pests which have the potential to generate a crisis situation with serious economic and environmental consequences;
—
pests with impact on trade with third countries and intra-EU trade.
Priorities for Union financial support, as regards the orientation of national programmes for outermost regions:
—
measures against pests associated with the imports into and the climate in those regions;
—
methods for combating those pests;
—
measures against pests listed pursuant to the rules on pests of plants in force in those regions.
STATEMENT BY THE COMMISSION
on the procedures for the approval of veterinary and phytosanitary programmes
In order to better inform the Member States, the Commission will arrange an annual meeting of the Standing Committee on Plants, Animals, Food and Feed which shall focus on the outcome of the evaluation procedure of programmes. That meeting will take place no later than 30 November of the year preceding the implementation of the programmes.
In connection with that meeting, the Commission will present the list of the programmes technically approved and proposed for co-financing. Both financial and technical details will be discussed with the national delegations, and their comments will be considered.
In addition, before taking its final decision thereon, the Commission will, during a meeting of the Standing Committee on Plants, Animals, Food and Feed in January, communicate to the Member States the final list of programmes selected for co-financing and the final amount allocated to each programme.
Preparatory work for the design of the work programme for the implementation of the measures referred to in Articles 9, 19 and 25 will be carried out with experts of Member States in early February of each year in order to give Member States the relevant information to establish the eradication and surveillance programmes. |
27.6.2014
EN
Official Journal of the European Union
L 188/60
COMMISSION IMPLEMENTING REGULATION (EU) No 711/2014
of 26 June 2014
amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
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 183(b) thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.
(2)
Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.
(3)
Regulation (EC) No 1484/95 should be amended accordingly.
(4)
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is replaced by the text 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, 26 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 150, 20.5.2014, p. 1.
(3) Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).
ANNEX
‘ANNEX I
CN code
Description of goods
Representative price
(EUR/100 kg)
Security under Article 3
(EUR/100 kg)
Origin (1)
0207 12 10
Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen
122,4
AR
0207 12 90
Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen
134,3
147,4
AR
BR
0207 14 10
Fowls of the species Gallus domesticus, boneless cuts, frozen
294,3
220,5
315,7
254,6
AR
BR
CL
TH
0207 14 60
Fowl of the species Gallus domesticus, legs, frozen
135,0
BR
0207 27 10
Turkeys, boneless cuts, frozen
312,5
323,6
BR
CL
1602 32 11
Preparations of fowls of the species Gallus domesticus, uncooked
267,9
BR
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). The code “ZZ” represents “other origins”.’ |
27.9.2014
EN
Official Journal of the European Union
L 283/20
COMMISSION DELEGATED REGULATION (EU) No 1015/2014
of 22 July 2014
amending Annexes II and III to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences, and repealing Commission Delegated Regulation (EU) No 154/2013
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (1), and in particular Articles 5(3) and 10(5) thereof,
Whereas:
(1)
Article 4 of the Regulation (EU) No 978/2012 (‘the GSP Regulation’) establishes the criteria for granting tariff preferences under the general arrangement of the Generalised Scheme of Preferences (‘GSP’).
(2)
Article 4(1)(a) of the GSP Regulation provides that a country that has been classified by the World Bank as a high-income or an upper-middle income country for three consecutive years should not benefit from GSP preferences.
(3)
Article 4(1)(b) of the GSP Regulation provides that a country that benefits from a preferential market access arrangement which provides the same tariff preferences as the GSP, or better, for substantially all trade, should not enjoy GSP preferences.
(4)
The list of beneficiary countries of the general GSP is established by Annex II to the GSP Regulation. Article 5 of the GSP Regulation lays down that Annex II is to be reviewed by 1 January of each year to reflect changes in relation to the criteria laid down in Article 4. Furthermore, it provides for a GSP beneficiary country and economic operators to be given sufficient time for an orderly adaptation to the country's GSP status revision. Accordingly, the GSP arrangement is to continue for one year after the date of entry into force of a change in a country's status on the basis of Article 4(1)(a) and for two years from the date of application of a preferential market access arrangement, as provided by Article 4(1)(b).
(5)
Turkmenistan has been classified by the World Bank as an upper-middle income country in 2012, 2013 and 2014. Accordingly, Turkmenistan no longer qualifies for GSP beneficiary status under Article 4(1)(a) and should be removed from Annex II of the GSP Regulation. The decision to remove a beneficiary country from the list of GSP beneficiary countries should apply as from one year after the date of entry into force of that decision. In the interests of a uniform application, Turkmenistan should be removed from Annex II with effect from 1 January 2016.
(6)
Preferential market access arrangements with the following countries started to apply at various dates in 2013: Peru on 1 March 2013, Colombia, Honduras, Nicaragua and Panama on 1 August 2013, Costa Rica and El Salvador on 1 October 2013 and Guatemala on 1 December 2013. In order to ensure a uniform application of the change to their GSP status and in line with the GSP Regulation, Peru, Colombia, Honduras, Nicaragua, Panama, Costa Rica, El Salvador and Guatemala should be removed from Annex II with effect from 1 January 2016.
(7)
Article 9(1) of the GSP Regulation establishes specific eligibility criteria for granting tariff preferences under the special incentive arrangement for sustainable development and good governance (‘GSP+’). One key condition is that the country must be a GSP beneficiary. The list of GSP+ beneficiaries is established in Annex III to the GSP Regulation.
(8)
As a consequence of their ceasing to be GSP beneficiaries, Costa-Rica, Guatemala, El Salvador, Panama and Peru also cease to be GSP+ beneficiaries under Article 9(1) of the GSP Regulation. Those countries should therefore be removed from Annex III to the GSP Regulation with effect from 1 January 2016.
(9)
Pursuant to Commission Delegated Regulation (EU) No 1421/2013 (2), Ecuador ceases to be a GSP beneficiary as from 1 January 2015. Consequently, in line with Article 9 of the GSP Regulation, Ecuador will cease to be GSP+ beneficiary and should be removed from Annex III to the GSP Regulation with effect from the same date.
(10)
Following the entry into force of Delegated Regulation (EU) No 1421/2013 on 1 January 2014, Commission Delegated Regulation (EU) No 154/2013 (3) which provided a consolidated version of Annex II and also for the removal of Iran and Azerbaijan from the list of GSP beneficiary countries no longer applies. Therefore, for the sake of legal clarity, Delegated Regulation (EU) No 154/2013 should be repealed. However, in derogation from Delegated Regulation (EU) No 1421/2013, Delegated Regulation (EU) No 154/2013 should still apply until 22 February 2014 as regards Azerbaijan and Iran. Consequently, it needs to be clarified that Iran and Azerbaijan maintained GSP beneficiary status from 1 January 2014 to 22 February 2014,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments toRegulation (EU) No 978/2012
Regulation (EU) No 978/2012 is amended as follows:
1.
In Annex II, the following countries and the corresponding alphabetical codes are removed from columns A and B, respectively:
CO
Colombia
CR
Costa Rica
GT
Guatemala
SV
El Salvador
HN
Honduras
NI
Nicaragua
PA
Panama
PE
Peru
TM
Turkmenistan
2.
Annex III is amended as follows:
(a)
the following country and the corresponding alphabetical code is removed from columns A and B, respectively:
EC
Ecuador
(b)
the following countries and the corresponding alphabetical codes are removed from columns A and B, respectively:
CR
Costa Rica
GT
Guatemala
SV
El Salvador
PA
Panama
PE
Peru
Article 2
Repeal
Delegated Regulation (EU) No 154/2013 is repealed with effect from 1 January 2014.
In derogation from Delegated Regulation (EU) No 1421/2013, the repeal shall take effect on 23 February 2014 as regards Azerbaijan and Iran.
Article 3
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 1(1) shall apply from 1 January 2016.
Article 1(2)(a) shall apply from 1 January 2015.
Article 1(2)(b) shall apply from 1 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 303, 31.10.2012, p. 1.
(2) Commission Delegated Regulation (EU) No 1421/2013 of 30 October 2013 amending Annexes I, II and IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences (OJ L 355, 31.12.2013, p. 1).
(3) Commission Delegated Regulation (EU) No 154/2013 of 18 December 2012 amending Annex II to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences (OJ L 48, 21.2.2013, p. 1). |
13.6.2014
EN
Official Journal of the European Union
L 174/1
COUNCIL DECISION
of 20 February 2014
on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes
(2014/347/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169 and 172, Article 173(3), and Articles 188 and 192, 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)
In accordance with Council Decision 2012/777/EU (1), the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes (2) (‘the Protocol’) was signed on behalf of the Union on 17 December 2012.
(2)
The Protocol should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes is hereby approved on behalf of the Union.
The text of the Protocol 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 10 of the Protocol (3).
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 20 February 2014.
For the Council
The President
K. HATZIDAKIS
(1) OJ L 340, 13.12.2012, p.26.
(2) See page 3 of this Official Journal.
(3) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council. |
12.6.2014
EN
Official Journal of the European Union
L 173/65
REGULATION (EU) No 598/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC
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 100(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 regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1)
A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment.
(2)
Sustainable development of air transport requires the introduction of measures aimed at reducing the noise impact from aircraft at Union airports. Those measures should improve the noise environment around Union airports in order to maintain or increase the quality of life of neighbouring citizens and foster compatibility between aviation activities and residential areas, in particular where night flights are concerned.
(3)
Resolution A33/7 of the International Civil Aviation Organization (ICAO) introduces the concept of a ‘Balanced Approach’ to noise management (Balanced Approach) and establishes a coherent method to address aircraft noise. The Balanced Approach should remain the foundation of noise regulation for aviation as a global industry. The Balanced Approach recognises the value of, and does not prejudge, relevant legal obligations, existing agreements, current laws and established policies. Incorporating the international rules of the Balanced Approach in this Regulation should substantially lessen the risk of international disputes in the event of third-country carriers being affected by noise-related operating restrictions.
(4)
Following the removal of the noisiest aircraft pursuant to Directive 2002/30/EC of the European Parliament and of the Council (4) and Directive 2006/93/EC of the European Parliament and of the Council (5), an update of how to use operating restriction measures is required to enable authorities to deal with the current noisiest aircraft so as to improve the noise environment around Union airports within the international framework of the Balanced Approach.
(5)
The report from the Commission of 15 February 2008 entitled ‘Noise Operation Restrictions at EU Airports’ pointed to the need to clarify in the text of Directive 2002/30/EC the allocation of responsibilities and the precise rights and obligations of interested parties during the noise assessment process so as to guarantee that cost-effective measures are taken to achieve the noise abatement objectives for each airport.
(6)
The introduction of operating restrictions by Member States at Union airports on a case-by-case basis, whilst limiting capacity, can contribute to improving the noise climate around airports. However, there is a possibility of distorting competition or hampering the overall efficiency of the Union aviation network through the inefficient use of existing capacity. Since the achievement of the specific noise abatement objective of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of harmonised rules on the process for introducing operating restrictions as part of the noise management process, 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. Such a harmonised method does not impose noise quality objectives, which continue to derive from Directive 2002/49/EC of the European Parliament and of the Council (6), other relevant Union rules or legislation within each Member State, and does not prejudge the concrete selection of measures.
(7)
This Regulation should only apply to Member States in which an airport with more than 50 000 civil aircraft movements per calendar year is located and when the introduction of noise-related operating restrictions is being considered at such an airport.
(8)
This Regulation should apply to aircraft engaged in civil aviation. It should not apply to aircraft such as military aircraft and aircraft undertaking customs, police and fire-fighting operations. Furthermore, various operations of an exceptional nature, such as flights for urgent humanitarian reasons, search and rescue in emergency situations, medical assistance, and disaster relief, should be exempted from this Regulation.
(9)
While noise assessments should be carried out on a regular basis in accordance with Directive 2002/49/EC, such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures does not achieve the noise abatement objectives, taking into account expected airport development. For airports where a noise problem has been identified, additional noise abatement measures should be identified in accordance with the Balanced Approach methodology. In order to ensure a wide application of the Balanced Approach within the Union, its use is recommended whenever it is considered adequate by the individual Member State concerned, even beyond the scope of this Regulation. Noise-related operating restrictions should be introduced only when other Balanced Approach measures are not sufficient to attain the specific noise abatement objectives.
(10)
While a cost-benefit analysis provides an indication of the total economic welfare effects by comparing all costs and benefits, a cost-effectiveness assessment focuses on achieving a given objective in the most cost-effective way, requiring a comparison of only the costs. This Regulation should not prevent Member States from using cost-benefit analyses where appropriate.
(11)
The importance of health aspects needs to be recognised in relation to noise problems, and it is therefore important that those aspects be taken into consideration in a consistent manner at all airports when a decision is taken on noise abatement objectives, taking into account the existence of common Union rules in this area. Therefore, health aspects should be assessed in accordance with Union legislation on the evaluation of noise effects.
(12)
Noise assessments should be based on objective and measurable criteria common to all Member States and should build on existing information available, such as information arising from the implementation of Directive 2002/49/EC. Member States should ensure that such information is reliable, that it is obtained in a transparent manner and that it is accessible to competent authorities and stakeholders. Competent authorities should put in place the necessary monitoring tools.
(13)
The competent authority responsible for adopting noise-related operating restrictions should be independent of any organisation involved in the airport’s operation, air transport or air navigation service provision, or representing the interests thereof and of the residents living in the vicinity of the airport. This should not be understood as requiring Member States to modify their administrative structures or decision-making procedures.
(14)
It is recognised that Member States have decided on noise-related operating restrictions in accordance with national legislation based on nationally acknowledged noise methods, which, as yet, might not be fully consistent with the method described in the authoritative European Civil Aviation Conference Report Doc 29 entitled ‘Standard Method of Computing Noise Contours around Civil Airports’ (ECAC Doc 29) nor use the internationally recognised aircraft noise performance information. However, the efficiency and effectiveness of a noise-related operating restriction should be assessed in accordance with the methods prescribed in ECAC Doc 29 and the Balanced Approach. Accordingly, Member States should adapt their assessments of operating restrictions in national legislation towards full compliance with ECAC Doc 29.
(15)
A new and wider definition of operating restrictions as compared to Directive 2002/30/EC should be introduced in order to facilitate the implementation of new technologies and new operational capabilities of aircraft and ground equipment. Its application should not lead to delay in the implementation of operational measures which could immediately alleviate the noise impact without substantially affecting the operational capacity of an airport. Such measures should therefore not be considered to constitute new operating restrictions.
(16)
The centralisation of information on noise would substantially reduce the administrative burden for both aircraft operators and airport operators. Such information is currently provided and managed at the level of individual airports. Those data need to be placed at the disposal of aircraft operators and airports for operational purposes. It is important to use the databank of the European Aviation Safety Agency (‘the Agency’) concerning noise performance certification as a validation tool with the European Organisation for the Safety of Air Navigation (Eurocontrol) data on individual flights. Such data are currently already systematically requested for central flow management purposes, but are not at present available to the Commission or to the Agency, and need to be specified for the purpose of this Regulation and for performance regulation of air traffic management. Good access to validated modelling data, determined in accordance with internationally recognised processes and best practices, should improve the quality of mapping of noise contours of individual airports to support policy decisions.
(17)
To avoid unwanted consequences for aviation safety, airport capacity and competition, the Commission should notify the relevant competent authority if it finds that the process followed for the introduction of noise-related operating restrictions does not meet the requirements of this Regulation. The relevant competent authority should examine the Commission notification and should inform the Commission of its intentions before introducing the operating restrictions.
(18)
In order to take account of the Balanced Approach, provision should be made for the possibility of exemptions in special circumstances for operators from developing third countries, without which such operators would suffer undue hardship. Reference to ‘developing countries’ is to be understood in the light of this specific aviation context and does not include all countries that would otherwise be referred to as such, within the international community. In particular, it is necessary to ensure that any such exemptions are compatible with the principle of non-discrimination.
(19)
In order to reflect the continuous technological progress in engine and airframe technologies and the methods used to map noise contours, 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 with respect to regularly updating the noise standards for aircraft referred to in this Regulation and the reference to the associated certification methods, taking into account, when appropriate, changes in relevant ICAO documents and updating the reference to the method for computing noise contours, taking into account, when appropriate, changes in relevant ICAO documents. In addition, changes to ECAC Doc 29 should also be taken into consideration for technical updates through delegated acts, as appropriate. 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 all relevant documents to the European Parliament and to the Council.
(20)
While this Regulation requires a regular assessment of the noise situation at airports, such an assessment does not necessarily entail the adoption of new noise-related operating restrictions or the review of existing ones. Therefore, this Regulation does not require the review of noise-related operating restrictions already in place at the date of its entry into force, including those resulting from court decisions or local mediation processes. Minor technical amendments to measures without substantive implications for capacity or operations should not be considered as new noise-related operating restrictions.
(21)
Where the consultation process preceding the adoption of a noise-related operating restriction was launched under Directive 2002/30/EC and is still ongoing at the date of entry into force of this Regulation, it is appropriate to allow the final decision to be taken in accordance with Directive 2002/30/EC in order to preserve the progress already achieved in that process.
(22)
Considering the need for the consistent application of the noise assessment method within the Union aviation market, this Regulation sets out common rules in the field of noise operating restrictions.
(23)
Directive 2002/30/EC should therefore be repealed,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter, objectives and scope
1. This Regulation lays down, where a noise problem has been identified, rules on the process to be followed for the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis, so as to help improve the noise climate and to limit or reduce the number of people significantly affected by potentially harmful effects of aircraft noise, in accordance with the Balanced Approach.
2. The objectives of this Regulation are:
(a)
to facilitate the achievement of specific noise abatement objectives, including health aspects, at the level of individual airports, while respecting relevant Union rules, in particular those laid down in Directive 2002/49/EC, and the legislation within each Member State;
(b)
to enable the use of operating restrictions in accordance with the Balanced Approach so as to achieve the sustainable development of the airport and air traffic management network capacity from a gate-to-gate perspective.
3. This Regulation shall apply to aircraft engaged in civil aviation. It shall not apply to aircraft engaged in military, customs, police or similar operations.
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
(1)
‘aircraft’ means fixed-wing aircraft with a maximum certificated take-off mass of 34 000 kg or more, or with a certificated maximum internal accommodation for the aircraft type in question consisting of 19 passenger seats or more, excluding any seats for crew only;
(2)
‘airport’ means an airport which has more than 50 000 civil aircraft movements per calendar year (a movement being a take-off or landing), on the basis of the average number of movements in the last three calendar years before the noise assessment;
(3)
‘Balanced Approach’ means the process developed by the International Civil Aviation Organization under which the range of available measures, namely the reduction of aircraft noise at source, land-use planning and management, noise abatement operational procedures and operating restrictions, is considered in a consistent way with a view to addressing the noise problem in the most cost-effective way on an airport-by-airport basis;
(4)
‘marginally compliant aircraft’ means aircraft which are certified in accordance with limits laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation signed on 7 December 1944 (the Chicago Convention) by a cumulative margin of less than 8 EPNdB (Effective Perceived Noise in Decibels) during a transitional period ending on 14 June 2020, and by a cumulative margin of less than 10 EPNdB following the end of that transitional period, whereby the cumulative margin is the figure expressed in EPNdB obtained by adding the individual margins (i.e. the differences between the certificated noise level and the maximum permitted noise level) at each of the three reference noise measurement points defined in Volume 1, Part II, Chapter 3 of Annex 16 to the Chicago Convention;
(5)
‘noise-related action’ means any measure that affects the noise climate around airports, for which the principles of the Balanced Approach apply, including other non-operational actions that can affect the number of people exposed to aircraft noise;
(6)
‘operating restriction’ means a noise-related action that limits access to or reduces the operational capacity of an airport, including operating restrictions aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as operating restrictions of a partial nature, which for example apply for an identified period of time during the day or only for certain runways at the airport.
Article 3
Competent authorities
1. A Member State in which an airport as referred to in point (2) of Article 2 is located shall designate one or more competent authorities responsible for the process to be followed when adopting operating restrictions.
2. The competent authorities shall be independent of any organisation which could be affected by noise-related action. That independence may be achieved through a functional separation.
3. The Member States shall notify the Commission, in a timely manner, of the names and addresses of the designated competent authorities referred to in paragraph 1. The Commission shall publish that information.
Article 4
Right of appeal
1. Member States shall ensure the right to appeal against operating restrictions adopted pursuant to this Regulation before an appeal body other than the authority that adopted the contested restriction, in accordance with national legislation and procedures.
2. The Member State in which an airport as referred to in point (2) of Article 2 is located shall notify the Commission, in a timely manner, of the name and address of the designated appeal body referred to in paragraph 1 or, where appropriate, of the arrangements for ensuring that an appeal body is appointed.
Article 5
General rules on aircraft noise management
1. Member States shall ensure that the noise situation at an individual airport as referred to in point (2) of Article 2 is assessed in accordance with Directive 2002/49/EC.
2. Member States shall ensure that the Balanced Approach is adopted in respect of aircraft noise management at those airports where a noise problem has been identified. To that end, they shall ensure that:
(a)
the noise abatement objective for that airport, taking into account, as appropriate, Article 8 of, and Annex V to, Directive 2002/49/EC, is defined;
(b)
measures available to reduce the noise impact are identified;
(c)
the likely cost-effectiveness of the noise mitigation measures is thoroughly evaluated;
(d)
the measures, taking into account public interest in the field of air transport as regards the development prospects of their airports, are selected without detriment to safety;
(e)
the stakeholders are consulted in a transparent way on the intended actions;
(f)
the measures are adopted and sufficient notification is provided for;
(g)
the measures are implemented; and
(h)
dispute resolution is provided for.
3. Member States shall ensure that, when noise-related action is taken, the following combination of available measures is considered, with a view to determining the most cost-effective measure or combination of measures:
(a)
the foreseeable effect of a reduction of aircraft noise at source;
(b)
land-use planning and management;
(c)
noise abatement operational procedures;
(d)
not applying operating restrictions as a first resort, but only after consideration of the other measures of the Balanced Approach.
The available measures may if necessary include the withdrawal of marginally compliant aircraft. Member States, or airport managing bodies, as appropriate, may offer economic incentives to encourage aircraft operators to use less noisy aircraft during the transitional period referred to in point (4) of Article 2. Those economic incentives shall comply with the applicable rules on State aid.
4. The measures may, within the Balanced Approach, be differentiated according to aircraft type, aircraft noise performance, use of airport and air navigation facilities, flight path and/or the timeframe covered.
5. Without prejudice to paragraph 4, operating restrictions which take the form of the withdrawal of marginally compliant aircraft from airport operations shall not affect civil subsonic aircraft that comply, through either original certification or re-certification, with the noise standard laid down in Volume 1, Part II, Chapter 4 of Annex 16 to the Chicago Convention.
6. Measures or a combination of measures taken in accordance with this Regulation for a given airport shall not be more restrictive than is necessary in order to achieve the environmental noise abatement objectives set for that airport. Operating restrictions shall be non-discriminatory, in particular on grounds of nationality or identity, and shall not be arbitrary.
Article 6
Rules on noise assessment
1. The competent authorities shall ensure that the noise situation at airports for which they are responsible is assessed on a regular basis, in accordance with Directive 2002/49/EC and the legislation applicable within each Member State. The competent authorities may call on the support of the Performance Review Body referred to in Article 3 of Commission Regulation (EU) No 691/2010 (7).
2. If the assessment referred to in paragraph 1 indicates that new operating restriction measures may be required to address a noise problem at an airport, the competent authorities shall ensure that:
(a)
the method, indicators and information in Annex I are applied in such a way as to take due account of the contribution of each type of measure under the Balanced Approach, before operating restrictions are introduced;
(b)
at the appropriate level, technical cooperation is established between the airport operators, aircraft operators and air navigation service providers to examine measures to mitigate noise. The competent authorities shall also ensure that local residents, or their representatives, and relevant local authorities are consulted, and that technical information on noise mitigation measures is provided to them;
(c)
the cost-effectiveness of any new operating restriction is assessed, in accordance with Annex II. Minor technical amendments to measures without substantive implications on capacity or operations shall not be considered new operating restrictions;
(d)
the process of consultation with interested parties, which may take the form of a mediation process, is organised in a timely and substantive manner, ensuring openness and transparency as regards data and computation methodologies. Interested parties shall have at least three months prior to the adoption of the new operating restrictions to submit comments. The interested parties shall include at least:
(i)
local residents living in the vicinity of the airport and affected by air traffic noise, or their representatives, and the relevant local authorities;
(ii)
representatives of local businesses based in the vicinity of the airport, whose activities are affected by air traffic and the operation of the airport;
(iii)
relevant airport operators;
(iv)
representatives of those aircraft operators which may be affected by noise-related actions;
(v)
the relevant air navigation service providers;
(vi)
the Network Manager, as defined in Commission Regulation (EU) No 677/2011 (8);
(vii)
where applicable, the designated slots coordinator.
3. The competent authorities shall follow up and monitor the implementation of the operating restrictions and take action as appropriate. They shall ensure that relevant information is made available free of charge and that it is readily and promptly accessible to local residents living in the vicinity of the airports and to the relevant local authorities.
4. The relevant information may include:
(a)
while respecting national law, information on alleged infringements due to changes in flight procedures, in terms of their impact and the reasons why such changes were made;
(b)
the general criteria applied when distributing and managing traffic in each airport, to the extent that those criteria may have an environmental or noise impact; and
(c)
data collected by noise measuring systems, if available.
Article 7
Noise performance information
1. Decisions on noise-related operating restrictions shall be based on the noise performance of the aircraft as determined by the certification procedure conducted in accordance with Volume 1 of Annex 16 to the Chicago Convention, sixth edition of March 2011.
2. At the request of the Commission, aircraft operators shall communicate the following noise information in respect of the aircraft that they operate at Union airports:
(a)
the aircraft nationality and registration mark;
(b)
the noise documentation of the aircraft used, together with the associated maximum take-off weight;
(c)
any modification of the aircraft which affects its noise performance and is stated on the noise documentation.
3. Upon request of the Agency, holders of an aircraft type certificate or a supplemental type certificate issued in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council (9), and legal or natural persons operating aircraft for which no type certificate has been issued under that Regulation, shall provide aircraft noise and performance information for noise modelling purposes. The Agency shall specify the data required and the timeframe for, and the form and manner of, its provision. The Agency shall verify the received aircraft noise and performance information for modelling purposes and shall make the information available to other parties for noise modelling purposes.
4. The data referred to in paragraphs 2 and 3 of this Article shall be limited to what is strictly necessary and shall be provided free of charge, in electronic form and using the format specified, where applicable.
5. The Agency shall verify the aircraft noise and performance data for modelling purposes in relation to its tasks performed in accordance with Article 6(1) of Regulation (EC) No 216/2008.
6. Data shall be stored in a central database and made available to competent authorities, aircraft operators, air navigation service providers and airport operators for operational purposes.
Article 8
Rules on the introduction of operating restrictions
1. Before introducing an operating restriction, the competent authorities shall give to the Member States, the Commission and the relevant interested parties six months’ notice, ending at least two months prior to the determination of the slot coordination parameters as defined in point (m) of Article 2 of Council Regulation (EEC) No 95/93 (10) for the airport concerned for the relevant scheduling period.
2. Following the assessment carried out in accordance with Article 6, the notification shall be accompanied by a written report in accordance with the requirements specified in Article 5 explaining the reasons for introducing the operating restriction, the noise abatement objective established for the airport, the measures that were considered to meet that objective, and the evaluation of the likely cost-effectiveness of the various measures considered, including, where relevant, their cross-border impact.
3. At the request of a Member State or on its own initiative, the Commission may, within a period of three months after the day on which it receives notice under paragraph 1, review the process for the introduction of an operating restriction. Where the Commission finds that the introduction of a noise-related operating restriction does not follow the process set out in this Regulation, it may notify the relevant competent authority accordingly. The relevant competent authority shall examine the Commission notification and inform the Commission of its intentions before introducing the operating restriction.
4. Where the operating restriction concerns the withdrawal of marginally compliant aircraft from an airport, no additional services above the number of movements with marginally compliant aircraft in the corresponding period of the previous year shall be allowed at that airport six months after the notification referred to in paragraph 1. The Member States shall ensure that the competent authorities decide on the annual rate for reducing the number of movements of marginally compliant aircraft of affected operators at that airport, taking due account of the age of the aircraft and the composition of the total fleet. Without prejudice to Article 5(4), that rate shall not be more than 25 % of the number of movements of marginally compliant aircraft for each operator serving that airport.
Article 9
Developing countries
1. In order to avoid undue economic hardship, the competent authorities may exempt marginally compliant aircraft registered in developing countries from noise operating restrictions, while fully respecting the principle of non-discrimination, provided that such aircraft:
(a)
are granted a noise certification to the standards specified in Chapter 3, Volume 1 of Annex 16 to the Chicago Convention;
(b)
were operated in the Union during the five-year period preceding the entry into force of this Regulation;
(c)
were on the register of the developing country concerned in that five-year period; and
(d)
continue to be operated by a natural or legal person established in that country.
2. Where a Member State grants an exemption provided for in paragraph 1, it shall forthwith inform the competent authorities of the other Member States and the Commission thereof.
Article 10
Exemption for aircraft operations of an exceptional nature
The competent authorities may, on a case-by-case basis, authorise individual operations at airports for which they are responsible in respect of marginally compliant aircraft which could not otherwise take place on the basis of this Regulation.
The exemption shall be limited to:
(a)
operations which are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption, including humanitarian aid flights; or
(b)
non-revenue flights for the purpose of alterations, repair or maintenance.
Article 11
Delegated acts
The Commission shall be empowered to adopt delegated acts in accordance with Article 12 concerning:
(a)
technical updates to the noise certification standards provided for in Article 5(5) and point (a) of Article 9(1), and to the certification procedure provided for in Article 7(1);
(b)
technical updates to the methodology and indicators set out in Annex I.
The purpose of those updates shall be to take into account changes to relevant international rules, as appropriate.
Article 12
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 11 shall be conferred on the Commission for a period of five years from 13 June 2016. 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 Article 11 may be revoked by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers 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 11 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 13
Information and revision
Member States shall upon request submit information on the application of this Regulation to the Commission.
No later than 14 June 2021, the Commission shall report to the European Parliament and to the Council on the application of this Regulation.
That report shall be accompanied, where necessary, by proposals for revision of this Regulation.
Article 14
Existing operating restrictions
Noise-related operating restrictions which were already introduced before 13 June 2016 shall remain in force until the competent authorities decide to revise them in accordance with this Regulation.
Article 15
Repeal
Directive 2002/30/EC is repealed with effect from 13 June 2016.
Article 16
Transitional provisions
Notwithstanding Article 15 of this Regulation, noise-related operating restrictions adopted after 13 June 2016 may be adopted in accordance with Directive 2002/30/EC where the consultation process prior to their adoption was ongoing at that date and provided that those restrictions are adopted at the latest one year after that date.
Article 17
Entry into force
This Regulation shall enter into force on 13 June 2016.
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 181, 21.6.2012, p. 173.
(2) OJ C 277, 13.9.2012, p. 110.
(3) Position of the European Parliament of 12 December 2012 (not yet published in the Official Journal) and position of the Council at first reading of 24 March 2014 [(not yet published in the Official Journal). Position of the European Parliament of 15 April 2014 (not yet published in the Official Journal).
(4) Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ L 85, 28.3.2002, p. 40).
(5) Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (OJ L 374, 27.12.2006, p. 1).
(6) 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).
(7) Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services (OJ L 201, 3.8.2010, p. 1).
(8) Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 (OJ L 185, 15.7.2011, p. 1).
(9) Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
(10) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, p. 1).
ANNEX I
ASSESSMENT OF THE NOISE SITUATION AT AN AIRPORT
Methodology:
Competent authorities will ensure the use of noise assessment methods which have been developed in accordance with the European Civil Aviation Conference Report Doc 29 entitled ‘Standard Method of Computing Noise Contours around Civil Airports’, 3rd Edition.
Indicators:
1.
Air traffic noise impact will be described, at least, in terms of noise indicators Lden and Lnight which are defined and calculated in accordance with Annex I to Directive 2002/49/EC.
2.
Additional noise indicators which have an objective basis may be used.
Noise management information:
1. Current inventory
1.1.
A description of the airport, including information about its size, location, surroundings, air traffic volume and mix.
1.2.
A description of any environmental objectives for the airport and the national context. This will include a description of the aircraft noise abatement objectives for the airport.
1.3.
Details of noise contours for the relevant previous years — including an assessment of the number of people affected by aircraft noise, carried out in accordance with Annex II to Directive 2002/49/EC.
1.4.
A description of the existing and planned measures to manage aircraft noise already implemented in the framework of the Balanced Approach and their impact on and contribution to the noise situation, by reference to:
1.4.1.
For reduction at source:
(a)
information on the current aircraft fleet and any expected technology improvements;
(b)
specific fleet renewal plans.
1.4.2.
For land-use planning and management:
(a)
planning instruments in place, such as comprehensive planning or noise zoning;
(b)
mitigating measures in place, such as building codes, noise insulation programmes or measures to reduce areas of sensitive land use;
(c)
consultation process in respect of the land-use measures;
(d)
monitoring of encroachment.
1.4.3.
For noise abatement operational measures, to the extent that those measures do not restrict the capacity of an airport:
(a)
use of preferential runways;
(b)
use of noise-preferential routes;
(c)
use of noise abatement take-off and approach procedures;
(d)
indication of the extent to which those measures are regulated under environment indicators, as mentioned in Annex I to Regulation (EU) No 691/2010.
1.4.4.
For operating restrictions:
(a)
use of global restrictions, such as a cap on movements or noise quotas;
(b)
use of aircraft-specific restrictions, such as the withdrawal of marginally compliant aircraft;
(c)
use of partial restrictions, drawing a distinction between daytime measures and night-time measures.
1.4.5.
The financial instruments in place, such as noise-related airport charges.
2. Forecast without new measures
2.1.
Descriptions of airport developments, if any, already approved and in the pipeline, for example, increased capacity, runway and/or terminal expansion, approach and take-off forecasts, projected future traffic mix and estimated growth and a detailed study of the noise impact on the surrounding area caused by expanding the capacity, runways and terminals and by modifying flight paths and approach and take-off routes.
2.2.
In the case of airport capacity extension, the benefits of making that additional capacity available within the wider aviation network and the region.
2.3.
A description of the effect on noise climate without further measures, and of those measures already planned to ameliorate the noise impact over the same period.
2.4.
Forecast noise contours — including an assessment of the number of people likely to be affected by aircraft noise — distinguishing between established residential areas, newly constructed or planned residential areas and planned future residential areas that have already been granted authorisation by the competent authorities.
2.5.
Evaluation of the consequences and possible costs of not taking action to reduce the impact of increased noise, if it is expected to occur.
3. Assessment of additional measures
3.1.
Outline of the additional measures available and an indication of the main reasons for their selection. Description of those measures chosen for further analysis and information on the outcome of the cost-efficiency analysis, in particular the cost of introducing those measures; the number of people expected to benefit and the timeframe; and a ranking of the overall effectiveness of particular measures.
3.2.
An overview of the possible environmental and competitive effects of the proposed measures on other airports, operators and other interested parties.
3.3.
Reasons for selection of the preferred option.
3.4.
A non-technical summary.
ANNEX II
Assessment of the cost-effectiveness of noise-related operating restrictions
The cost-effectiveness of envisaged noise-related operating restrictions will be assessed taking due account of the following elements, to the extent possible, in quantifiable terms:
(1)
the anticipated noise benefit of the envisaged measures, now and in the future;
(2)
the safety of aviation operations, including third-party risks;
(3)
the capacity of the airport;
(4)
any effects on the European aviation network.
In addition, competent authorities may take due account of the following factors:
(1)
the health and safety of local residents living in the vicinity of the airport;
(2)
environmental sustainability, including interdependencies between noise and emissions;
(3)
any direct, indirect or catalytic employment and economic effects.
Statement by the Commission on the revision of Directive 2002/49/EC
The Commission is discussing with the Member States Annex II to Directive 2002/49/EC (noise calculation methods) with a view to adopting it in the coming months.
Based on work the WHO is currently undertaking regarding the methodology to assess health implications of the noise impact, the Commission intends to revise Annex III to Directive 2002/49/ EC (estimation of health impact, dose response curves). |
9.1.2014
EN
Official Journal of the European Union
L 4/38
COUNCIL REGULATION (EU) No 11/2014
of 16 December 2013
concerning the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles
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)
On 5 October 2006, the Council approved the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (1) (the ‘Agreement’) by means of Regulation (EC) No 1562/2006 (2).
(2)
The fishing opportunities and the financial contribution provided for by the Agreement were set out in a Protocol (3). The most recent Protocol expires on 17 January 2014.
(3)
The Union has negotiated with the Republic of Seychelles a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (the ‘new Protocol’). The new Protocol was initialled on 10 May 2013.
(4)
On 16 December 2013, the Council adopted Decision 2014/5/EU (4) on the signing and provisional application of the new Protocol.
(5)
The fishing opportunities should be allocated among the Member States for the period of application of the new Protocol.
(6)
In accordance with Council Regulation (EC) No 1006/2008 (5), if it appears that the fishing opportunities allocated to the Union are not fully utilised, the Commission is to inform the Member States concerned. The absence of a reply within a deadline to be set by the Council is to be considered as confirmation that the vessels of the Member States concerned are not making full use of their fishing opportunities in the given period. It is necessary to set such deadline.
(7)
This Regulation should apply from the date of provisional application of the new Protocol,
HAS ADOPTED THIS REGULATION:
Article 1
1. The fishing opportunities established under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles (the ‘Protocol’) shall be allocated among the Member States as follows:
(a)
Tuna purse seiners
Spain
22 vessels
France
16 vessels
Italy
2 vessels;
(b)
Surface longliners
Spain
2 vessels
France
2 vessels
Portugal
2 vessels.
2. Regulation (EC) No 1006/2008 shall apply without prejudice to the Agreement and the Protocol.
3. If applications for fishing authorisations from the Member States referred to in paragraph 1 do not cover all the fishing opportunities set by the Protocol, the Commission shall consider applications for fishing authorisations from any other Member State in accordance with Article 10 of Regulation (EC) No 1006/2008.
4. The deadline by which Member States are to confirm that they do not fully utilise the fishing opportunities granted to them, as referred to in Article 10(1) of Regulation (EC) No 1006/2008, shall be set at 10 working days from the day on which the Commission informs them that their fishing opportunities have not been fully exhausted.
Article 2
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 18 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2013.
For the Council
The President
V. JUKNA
(1) OJ L 290, 20.10.2006, p. 2.
(2) Council Regulation (EC) No 1562/2006 of 5 October 2006 concerning the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (OJ L 290, 20.10.2006, p. 1).
(3) OJ L 345, 30.12.2010, p. 3.
(4) See page 1 of this Official Journal.
(5) 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). |
20.11.2014
EN
Official Journal of the European Union
L 333/24
COMMISSION IMPLEMENTING DECISION
of 17 November 2014
concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council [Jihočeská Niva (PGI)]
(notified under document C(2014) 8391)
(Only the Slovak text is authentic)
(2014/819/EU)
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 54(1) thereof,
Whereas:
(1)
The first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 provides that, apart from in the case of requests from the producers of the product sold under the registered name, the Commission may cancel the registration of a protected geographical indication where compliance with the conditions of the specification is not ensured or where no product has been placed on the market under the protected geographical indication for at least seven years.
(2)
The Commission has examined the request to cancel the registration of the protected geographical indication ‘Jihočeská Niva’ submitted by Slovakia on 20 September 2013 and received on 27 September 2013.
(3)
This cancellation request does not fall within either of the two cases specified in the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 and does not therefore meet the conditions laid down in that Article.
(4)
In view of the foregoing, the request to cancel the protected geographical indication ‘Jihočeská Niva’ submitted by Slovakia must be rejected.
(5)
The measure provided for in this Decision is in accordance with the opinion of the Committee for agricultural product quality policy,
HAS ADOPTED THIS DECISION:
Article 1
The request to cancel the protected geographical indication ‘Jihočeská Niva’ is rejected.
Article 2
This Decision is addressed to the Slovak Republic.
Done at Brussels, 17 November 2014.
For the Commission
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1. |
19.12.2014
EN
Official Journal of the European Union
L 365/141
COMMISSION IMPLEMENTING REGULATION (EU) No 1365/2014
of 18 December 2014
establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 December 2014 and determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2015 under the tariff quotas opened by Regulation (EC) No 1385/2007 in the poultrymeat sector
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 Regulation (EC) No 1385/2007 (2) opened annual tariff quotas for imports of poultrymeat products.
(2)
For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 December 2014 for the subperiod from 1 January to 31 March 2015 exceed 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, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).
(3)
The quantities covered by the applications for import licences lodged from 1 to 7 December 2014 for the subperiod from 1 January to 31 March 2015 are, for some quotas, less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.
(4)
In order to ensure the efficient management of the measure, 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
1. The quantities covered by the applications for import licences lodged under Regulation (EC) No 1385/2007 for the subperiod from 1 January to 31 March 2015 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
2. The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 1385/2007, to be added to the subperiod from 1 April to 30 June 2015, are 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, 18 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) 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 (OJ L 309, 27.11.2007, p. 47).
(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
Order No
Allocation coefficient — applications lodged for the subperiod from 1 January to 31 March 2015
(%)
Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2015
(kg)
09.4410
0,215749
—
09.4411
0,217864
—
09.4412
0,226654
—
09.4420
0,302297
—
09.4421
—
175 000
09.4422
0,306842
— |
27.5.2014
EN
Official Journal of the European Union
L 157/1
DIRECTIVE 2014/66/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer
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 points (a) and (b) of Article 79(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 regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1)
For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides for measures to be adopted in the field of immigration which are fair towards third-country nationals.
(2)
The TFEU provides that the Union is to develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows and fair treatment of third-country nationals residing legally in Member States. To that end, the European Parliament and the Council are to adopt measures on the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, as well as the definition of the rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States.
(3)
The Commission's Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. Measures to make it easier for third-country managers, specialists and trainee employees to enter the Union in the framework of an intra-corporate transfer have to be seen in that broader context.
(4)
The Stockholm Programme, adopted by the European Council on 11 December 2009, recognises that labour immigration can contribute to increased competitiveness and economic vitality and that, in the context of the important demographic challenges that will face the Union in the future and, consequently, an increased demand for labour, flexible immigration policies will make an important contribution to the Union's economic development and performance in the longer term. The Stockholm Programme thus invites the Commission and the Council to continue implementing the Policy Plan on Legal Migration set out in the Commission's Communication of 21 December 2005.
(5)
As a result of the globalisation of business, increasing trade and the growth and spread of multinational groups, in recent years movements of managers, specialists and trainee employees of branches and subsidiaries of multinationals, temporarily relocated for short assignments to other units of the company, have gained momentum.
(6)
Such intra-corporate transfers of key personnel result in new skills and knowledge, innovation and enhanced economic opportunities for the host entities, thus advancing the knowledge-based economy in the Union while fostering investment flows across the Union. Intra-corporate transfers from third countries also have the potential to facilitate intra-corporate transfers from the Union to third-country companies and to put the Union in a stronger position in its relationship with international partners. Facilitation of intra-corporate transfers enables multinational groups to tap their human resources best.
(7)
The set of rules established by this Directive may also benefit the migrants' countries of origin as this temporary migration may, under its well-established rules, foster transfers of skills, knowledge, technology and know-how.
(8)
This Directive should be without prejudice to the principle of preference for Union citizens as regards access to Member States' labour market as expressed in the relevant provisions of the relevant Acts of Accession.
(9)
This Directive should be without prejudice to the right of Member States to issue permits other than intra-corporate transferee permits for any purpose of employment if a third-country national does not fall within the scope of this Directive.
(10)
This Directive should establish a transparent and simplified procedure for admission of intra-corporate transferees, based on common definitions and harmonised criteria.
(11)
Member States should ensure that appropriate checks and effective inspections are carried out in order to guarantee the proper enforcement of this Directive. The fact that an intra-corporate transferee permit has been issued should not affect or prevent the Member States from applying, during the intra-corporate transfer, their labour law provisions having — in accordance with Union law — as their objective checking compliance with the working conditions as set out in Article 18(1).
(12)
The possibility for a Member State to impose, on the basis of national law, sanctions against an intra-corporate transferee's employer established in a third country should remain unaffected.
(13)
For the purpose of this Directive, intra-corporate transferees should encompass managers, specialists and trainee employees. Their definition should build on specific commitments of the Union under the General Agreement on Trade in Services (GATS) and bilateral trade agreements. Since those commitments undertaken under GATS do not cover conditions of entry, stay and work, this Directive should complement and facilitate the application of those commitments. However, the scope of the intra-corporate transfers covered by this Directive should be broader than that implied by trade commitments, as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement.
(14)
To assess the qualifications of intra-corporate transferees, Member States should make use of the European Qualifications Framework (EQF) for lifelong learning, as appropriate, for the assessment of qualifications in a comparable and transparent manner. EQF National Coordination Points may provide information and guidance on how national qualifications levels relate to the EQF.
(15)
Intra-corporate transferees should benefit from at least the same terms and conditions of employment as posted workers whose employer is established on the territory of the Union, as defined by Directive 96/71/EC of the European Parliament and of the Council (4). Member States should require that intra-corporate transferees enjoy equal treatment with nationals occupying comparable positions as regards the remuneration which will be granted during the entire transfer. Each Member State should be responsible for checking the remuneration granted to the intra-corporate transferees during their stay on its territory. That is intended to protect workers and guarantee fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage.
(16)
In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, the transferee should have been employed within the same group of undertakings from at least three up to twelve uninterrupted months immediately prior to the transfer in the case of managers and specialists, and from at least three up to six uninterrupted months in the case of trainee employees.
(17)
As intra-corporate transfers constitute temporary migration, the maximum duration of one transfer to the Union, including mobility between Member States, should not exceed three years for managers and specialists and one year for trainee employees after which they should leave for a third country unless they obtain a residence permit on another basis in accordance with Union or national law. The maximum duration of the transfer should encompass the cumulated durations of consecutively issued intra-corporate transferee permits. A subsequent transfer to the Union might take place after the third-country national has left the territory of the Member States.
(18)
In order to ensure the temporary character of an intra-corporate transfer and prevent abuses, Member States should be able to require a certain period of time to elapse between the end of the maximum duration of one transfer and another application concerning the same third-country national for the purposes of this Directive in the same Member State.
(19)
As intra-corporate transfers consist of temporary secondment, the applicant should provide evidence, as part of the work contract or the assignment letter, that the third-country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment. The applicant should also provide evidence that the third-country national manager or specialist possesses the professional qualifications and adequate professional experience needed in the host entity to which he or she is to be transferred.
(20)
Third-country nationals who apply to be admitted as trainee employees should provide evidence of a university degree. In addition, they should, if required, present a training agreement, including a description of the training programme, its duration and the conditions in which the trainee employees will be supervised, proving that they will benefit from genuine training and not be used as normal workers.
(21)
Unless it conflicts with the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession, no labour market test should be required.
(22)
A Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of Union citizens and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and the Council (5). Such recognition should be without prejudice to any restrictions on access to regulated professions deriving from reservations to the existing commitments as regards regulated professions made by the Union or by the Union and its Member States in the framework of trade agreements. In any event, this Directive should not provide for a more favourable treatment of intra-corporate transferees, in comparison with Union or European Economic Area nationals, as regards access to regulated professions in a Member State.
(23)
This Directive should not affect the right of the Member States to determine the volumes of admission in accordance with Article 79(5) TFEU.
(24)
With a view to fighting possible abuses of this Directive, Member States should be able to refuse, withdraw or not renew an intra-corporate transferee permit where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees and/or does not have a genuine activity.
(25)
This Directive aims to facilitate mobility of intra-corporate transferees within the Union (‘intra-EU mobility’) and to reduce the administrative burden associated with work assignments in several Member States. For this purpose, this Directive sets up a specific intra-EU mobility scheme whereby the holder of a valid intra-corporate transferee permit issued by a Member State is allowed to enter, to stay and to work in one or more Member States in accordance with the provisions governing short-term and long-term mobility under this Directive. Short-term mobility for the purposes of this Directive should cover stays in Member States other than the one that issued the intra-corporate transferee permit, for a period of up to 90 days per Member State. Long-term mobility for the purposes of this Directive should cover stays in Member States other than the one that issued the intra-corporate transferee permit for more than 90 days per Member State. In order to prevent circumvention of the distinction between short-term and long-term mobility, short-term mobility in relation to a given Member State should be limited to a maximum of 90 days in any 180-day period and it should not be possible to submit a notification for short-term mobility and an application for long-term mobility at the same time. Where the need for long-term mobility arises after the short-term mobility of the intra-corporate transferee has started, the second Member State may request that the application be submitted at least 20 days before the end of the short-term mobility period.
(26)
While the specific mobility scheme established by this Directive should lay down autonomous rules regarding entry and stay for the purpose of work as an intra-corporate transferee in Member States other than the one that issued the intra-corporate transferee permit, all the other rules governing the movement of persons across borders as laid down in the relevant provisions of the Schengen acquis continue to apply.
(27)
In order to facilitate checks, if the transfer involves several locations in different Member States, the competent authorities of second Member States should be provided where applicable with the relevant information.
(28)
Where intra-corporate transferees have exercised their right to mobility, the second Member State should, under certain conditions, be in a position to take steps so that the intra-corporate transferees' activities do not contravene the relevant provisions of this Directive.
(29)
Member States should provide for effective, proportionate and dissuasive sanctions, such as financial sanctions, to be imposed in the event of failure to comply with this Directive. Those sanctions could, inter alia, consist of measures as provided for in Article 7 of Directive 2009/52/EC of the European Parliament and of the Council (6). Those sanctions could be imposed on the host entity established in the Member State concerned.
(30)
Provision for a single procedure leading to one combined title encompassing both residence and work permit (‘single permit’) should contribute to simplifying the rules currently applicable in Member States.
(31)
It should be possible to set up a simplified procedure for entities or groups of undertakings which have been recognised for that purpose. Recognition should be regularly assessed.
(32)
Once a Member State has decided to admit a third-country national fulfilling the criteria laid down in this Directive, that third-country national should receive an intra-corporate transferee permit allowing him or her to carry out, under certain conditions, his or her assignment in diverse entities belonging to the same transnational corporation, including entities located in other Member States.
(33)
Where a visa is required and the third-country national fulfils the criteria for being issued with an intra-corporate transferee permit, the Member State should grant the third-country national every facility to obtain the requisite visa and should ensure that the competent authorities effectively cooperate for that purpose.
(34)
Where the intra-corporate transferee permit is issued by a Member State not applying the Schengen acquis in full and the intra-corporate transferee, in the framework of intra-EU mobility, crosses an external border within the meaning of Regulation (EC) No 562/2006 of the European Parliament and of the Council (7), a Member State should be entitled to require evidence proving that the intra-corporate transferee is moving to its territory for the purpose of an intra-corporate transfer. Besides, in case of crossing of an external border within the meaning of Regulation (EC) No 562/2006, the Members States applying the Schengen acquis in full should consult the Schengen information system and should refuse entry or object to the mobility for persons for whom an alert for the purposes of refusing entry or stay, as referred to in Regulation (EC) No 1987/2006 of the European Parliament and of the Council (8), has been issued in that system.
(35)
Member States should be able to indicate additional information in paper format or store such information in electronic format, as referred to in Article 4 of Council Regulation (EC) No 1030/2002 (9)and point (a)16 of the Annex thereto, in order to provide more precise information on the employment activity during the intra-corporate transfer. The provision of this additional information should be optional for Member States and should not constitute an additional requirement that would compromise the single permit and the single application procedure.
(36)
This Directive should not prevent intra-corporate transferees from exercising specific activities at the sites of clients within the Member State where the host entity is established in accordance with the provisions applying in that Member State with regard to such activities.
(37)
This Directive does not affect the conditions of the provision of services in the framework of Article 56 TFEU. In particular, this Directive does not affect the terms and conditions of employment which, pursuant to Directive 96/71/EC, apply to workers posted by an undertaking established in a Member State to provide a service in the territory of another Member State. This Directive should not apply to third-country nationals posted by undertakings established in a Member State in the framework of a provision of services in accordance with Directive 96/71/EC. Third-country nationals holding an intra-corporate transferee permit cannot avail themselves of Directive 96/71/EC. This Directive should not give undertakings established in a third country any more favourable treatment than undertakings established in a Member State, in line with Article 1(4) of Directive 96/71/EC.
(38)
Adequate social security coverage for intra-corporate transferees, including, where relevant, benefits for their family members, is important for ensuring decent working and living conditions while staying in the Union. Therefore, equal treatment should be granted under national law in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (10). This Directive does not harmonise the social security legislation of Member States. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. The right to equal treatment in the field of social security applies to third-country nationals who fulfil the objective and non-discriminatory conditions laid down by the law of the Member State where the work is carried out with regard to affiliation and entitlement to social security benefits.
In many Member States, the right to family benefits is conditional upon a certain connection with that Member State since the benefits are designed to support a positive demographic development in order to secure the future work force in that Member State. Therefore, this Directive should not affect the right of a Member State to restrict, under certain conditions, equal treatment in respect of family benefits, since the intra-corporate transferee and the accompanying family members are staying temporarily in that Member State. Social security rights should be granted without prejudice to provisions of national law and/or bilateral agreements providing for the application of the social security legislation of the country of origin. However, bilateral agreements or national law on social security rights of intra-corporate transferees which are adopted after the entry into force of this Directive should not provide for less favourable treatment than the treatment granted to nationals of the Member State where the work is carried out. As a result of national law or such agreements, it may be, for example, in the interests of the intra-corporate transferees to remain affiliated to the social security system of their country of origin if an interruption of their affiliation would adversely affect their rights or if their affiliation would result in their bearing the costs of double coverage. Member States should always retain the possibility to grant more favourable social security rights to intra-corporate transferees. Nothing in this Directive should affect the right of survivors who derive rights from the intra-corporate transferee to receive survivor's pensions when residing in a third country.
(39)
In the event of mobility between Member States, Regulation (EU) No 1231/2010 of the European Parliament and of the Council (11) should apply accordingly. This Directive should not confer more rights than those already provided for in existing Union law in the field of social security for third-country nationals who have cross-border interests between Member States.
(40)
In order to make the specific set of rules established by this Directive more attractive and to allow it to produce all the expected benefits for competitiveness of business in the Union, third-country national intra-corporate transferees should be granted favourable conditions for family reunification in the Member State which issued the intra-corporate transferee permit and in those Member States which allow the intra-corporate transferee to stay and work on their territory in accordance with the provisions of this Directive on long-term mobility. This right would indeed remove an important obstacle to potential intra-corporate transferees for accepting an assignment. In order to preserve family unity, family members should be able to join the intra-corporate transferee in another Member State, and their access to the labour market should be facilitated.
(41)
In order to facilitate the fast processing of applications, Member States should give preference to exchanging information and transmitting relevant documents electronically, unless technical difficulties occur or essential interests require otherwise.
(42)
The collection and transmission of files and data should be carried out in compliance with the relevant data protection and security rules.
(43)
This Directive should not apply to third -country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Council Directive 2005/71/EC (12).
(44)
Since the objectives of this Directive, namely a special admission procedure and the adoption of conditions of entry and residence for the purpose of intra-corporate transfers of third-country nationals, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects 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 (TEU). 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 those objectives.
(45)
This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, which itself builds upon the rights deriving from the Social Charters adopted by the Union and by the Council of Europe.
(46)
In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011 (13), 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.
(47)
In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive, and are not bound by or subject to its application.
(48)
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and the TFEU, Denmark is not taking part in the adoption of this Directive, and is not bound by it or subject to its application,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject-matter
This Directive lays down:
(a)
the conditions of entry to, and residence for more than 90 days in, the territory of the Member States, and the rights, of third-country nationals and of their family members in the framework of an intra-corporate transfer;
(b)
the conditions of entry and residence, and the rights, of third-country nationals, referred to in point (a), in Member States other than the Member State which first grants the third-country national an intra-corporate transferee permit on the basis of this Directive.
Article 2
Scope
1. This Directive shall apply to third-country nationals who reside outside the territory of the Member States at the time of application and apply to be admitted or who have been admitted to the territory of a Member State under the terms of this Directive, in the framework of an intra-corporate transfer as managers, specialists or trainee employees.
2. This Directive shall not apply to third-country nationals who:
(a)
apply to reside in a Member State as researchers, within the meaning of Directive 2005/71/EC, in order to carry out a research project;
(b)
under agreements between the Union and its Member States and third countries, enjoy rights of free movement equivalent to those of Union citizens or are employed by an undertaking established in those third countries;
(c)
are posted in the framework of Directive 96/71/EC;
(d)
carry out activities as self-employed workers;
(e)
are assigned by employment agencies, temporary work agencies or any other undertakings engaged in making available labour to work under the supervision and direction of another undertaking;
(f)
are admitted as full-time students or who are undergoing a short-term supervised practical training as part of their studies.
3. This Directive shall be without prejudice to the right of Member States to issue residence permits, other than the intra-corporate transferee permit covered by this Directive, for any purpose of employment for third-country nationals who fall outside the scope of this Directive.
Article 3
Definitions
For the purposes of this Directive, the following definitions apply:
(a)
‘third-country national’ means any person who is not a citizen of the Union, within the meaning of Article 20(1) TFEU;
(b)
‘intra-corporate transfer’ means the temporary secondment for occupational or training purposes of a third-country national who, at the time of application for an intra-corporate transferee permit, resides outside the territory of the Member States, from an undertaking established outside the territory of a Member State, and to which the third-country national is bound by a work contract prior to and during the transfer, to an entity belonging to the undertaking or to the same group of undertakings which is established in that Member State, and, where applicable, the mobility between host entities established in one or several second Member States;
(c)
‘intra-corporate transferee’ means any third-country national who resides outside the territory of the Member States at the time of application for an intra-corporate transferee permit and who is subject to an intra-corporate transfer;
(d)
‘host entity’ means the entity to which the intra-corporate transferee is transferred, regardless of its legal form, established, in accordance with national law, in the territory of a Member State;
(e)
‘manager’ means a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent; that position shall include: directing the host entity or a department or subdivision of the host entity; supervising and controlling work of the other supervisory, professional or managerial employees; having the authority to recommend hiring, dismissing or other personnel action;
(f)
‘specialist’ means a person working within the group of undertakings possessing specialised knowledge essential to the host entity's areas of activity, techniques or management. In assessing such knowledge, account shall be taken not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification including adequate professional experience referring to a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession;
(g)
‘trainee employee’ means a person with a university degree who is transferred to a host entity for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer;
(h)
‘family members’ means the third-country nationals referred to in Article 4(1) of Council Directive 2003/86/EC (14);
(i)
‘intra-corporate transferee permit’ means an authorisation bearing the acronym ‘ICT’ entitling its holder to reside and work in the territory of the first Member State and, where applicable, of second Member States, under the terms of this Directive;
(j)
‘permit for long-term mobility’ means an authorisation bearing the term ‘mobile ICT’ entitling the holder of an intra-corporate transferee permit to reside and work in the territory of the second Member State under the terms of this Directive;
(k)
‘single application procedure’ means the procedure leading, on the basis of one application for the authorisation for residence and work of a third-country national in the territory of a Member State, to a decision on that application;
(l)
‘group of undertakings’ means two or more undertakings recognised as linked under national law in the following ways: an undertaking, in relation to another undertaking directly or indirectly, holds a majority of that undertaking's subscribed capital; controls a majority of the votes attached to that undertaking's issued share capital; is entitled to appoint more than half of the members of that undertaking's administrative, management or supervisory body; or the undertakings are managed on a unified basis by the parent undertaking;
(m)
‘first Member State’ means the Member State which first issues a third-country national an intra-corporate transferee permit;
(n)
‘second Member State’ means any Member State in which the intra-corporate transferee intends to exercise or exercises the right of mobility within the meaning of this Directive, other than the first Member State;
(o)
‘regulated profession’ means a regulated profession as defined in point (a) of Article 3(1) of Directive 2005/36/EC.
Article 4
More favourable provisions
1. This Directive shall apply without prejudice to more favourable provisions of:
(a)
Union law, including bilateral and multilateral agreements concluded between the Union and its Member States on the one hand and one or more third countries on the other;
(b)
bilateral or multilateral agreements concluded between one or more Member States and one or more third countries.
2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for third-country nationals to whom it applies in respect of point (h) of Article 3, and Articles 15, 18 and 19.
CHAPTER II
CONDITIONS OF ADMISSION
Article 5
Criteria for admission
1. Without prejudice to Article 11(1), a third-country national who applies to be admitted under the terms of this Directive or the host entity shall:
(a)
provide evidence that the host entity and the undertaking established in a third country belong to the same undertaking or group of undertakings;
(b)
provide evidence of employment within the same undertaking or group of undertakings, from at least three up to twelve uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of managers and specialists, and from at least three up to six uninterrupted months in the case of trainee employees;
(c)
present a work contract and, if necessary, an assignment letter from the employer containing the following:
(i)
details of the duration of the transfer and the location of the host entity or entities;
(ii)
evidence that the third-country national is taking a position as a manager, specialist or trainee employee in the host entity or entities in the Member State concerned;
(iii)
the remuneration as well as other terms and conditions of employment granted during the intra-corporate transfer;
(iv)
evidence that the third-country national will be able to transfer back to an entity belonging to that undertaking or group of undertakings and established in a third country at the end of the intra-corporate transfer;
(d)
provide evidence that the third-country national has the professional qualifications and experience needed in the host entity to which he or she is to be transferred as manager or specialist or, in the case of a trainee employee, the university degree required;
(e)
where applicable, present documentation certifying that the third-country national fulfils the conditions laid down under the national law of the Member State concerned for Union citizens to exercise the regulated profession to which the application relates;
(f)
present a valid travel document of the third-country national, as determined by national law, and, if required, an application for a visa or a visa; Member States may require the period of validity of the travel document to cover at least the period of validity of the intra-corporate transferee permit;
(g)
without prejudice to existing bilateral agreements, provide evidence of having, or, if provided for by national law, having applied for, sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work carried out in that Member State.
2. Member States may require the applicant to present the documents listed in points (a), (c), (d), (e) and (g) of paragraph 1 in an official language of the Member State concerned.
3. Member States may require the applicant to provide, at the latest at the time of the issue of the intra-corporate transferee permit, the address of the third-country national concerned in the territory of the Member State.
4. Member States shall require that:
(a)
all conditions in the law, regulations, or administrative provisions and/or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met during the intra-corporate transfer with regard to terms and conditions of employment other than remuneration.
In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers and employee organisations at national level and which are applied throughout their national territory;
(b)
the remuneration granted to the third-country national during the entire intra-corporate transfer is not less favourable than the remuneration granted to nationals of the Member State where the work is carried out occupying comparable positions in accordance with applicable laws or collective agreements or practices in the Member State where the host entity is established.
5. On the basis of the documentation provided pursuant to paragraph 1, Member States may require that the intra-corporate transferee will have sufficient resources during his or her stay to maintain himself or herself and his or her family members without having recourse to the Member States' social assistance systems.
6. In addition to the evidence required under paragraph 1, any third-country national who applies to be admitted as a trainee employee may be required to present a training agreement relating to the preparation for his or her future position within the undertaking or group of undertakings, including a description of the training programme, which demonstrates that the purpose of the stay is to train the trainee employee for career development purposes or in order to obtain training in business techniques or methods, its duration and the conditions under which the trainee employee is supervised during the programme.
7. Any modification during the application procedure that affects the criteria for admission set out in this Article shall be notified by the applicant to the competent authorities of the Member State concerned.
8. Third-country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted for the purposes of this Directive.
Article 6
Volumes of admission
This Directive shall not affect the right of a Member State to determine the volumes of admission of third-country nationals in accordance with Article 79(5) TFEU. On that basis, an application for an intra-corporate transferee permit may either be considered inadmissible or be rejected.
Article 7
Grounds for rejection
1. Member States shall reject an application for an intra-corporate transferee permit in any of the following cases:
(a)
where Article 5 is not complied with;
(b)
where the documents presented were fraudulently acquired, or falsified, or tampered with;
(c)
where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees;
(d)
where the maximum duration of stay as defined in Article 12(1) has been reached.
2. Member States shall, if appropriate, reject an application where the employer or the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment.
3. Member States may reject an application for an intra-corporate transferee permit in any of the following cases:
(a)
where the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;
(b)
where the employer's or the host entity's business is being or has been wound up under national insolvency laws or no economic activity is taking place;
(c)
where the intent or effect of the temporary presence of the intra-corporate transferee is to interfere with, or otherwise affect the outcome of, any labour management dispute or negotiation.
4. Member States may reject an application for an intra-corporate transferee permit on the ground set out in Article 12(2).
5. Without prejudice to paragraph 1, any decision to reject an application shall take account of the specific circumstances of the case and respect the principle of proportionality.
Article 8
Withdrawal or non-renewal of the intra-corporate transferee permit
1. Member States shall withdraw an intra-corporate transferee permit in any of the following cases:
(a)
where it was fraudulently acquired, or falsified, or tampered with;
(b)
where the intra-corporate transferee is residing in the Member State concerned for purposes other than those for which he or she was authorised to reside;
(c)
where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees.
2. Member States shall, if appropriate, withdraw an intra-corporate transferee permit where the employer or the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment.
3. Member States shall refuse to renew an intra-corporate transferee permit in any of the following cases:
(a)
where it was fraudulently acquired, or falsified, or tampered with;
(b)
where the intra-corporate transferee is residing in the Member State concerned for purposes other than those for which he or she was authorised to reside;
(c)
where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees;
(d)
where the maximum duration of stay as defined in Article 12(1) has been reached.
4. Member States shall, if appropriate, refuse to renew an intra-corporate transferee permit where the employer or the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment.
5. Member States may withdraw or refuse to renew an intra-corporate transferee permit in any of the following cases:
(a)
where Article 5 is not or is no longer complied with;
(b)
where the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;
(c)
where the employer's or the host entity's business is being or has been wound up under national insolvency laws or if no economic activity is taking place;
(d)
where the intra-corporate transferee has not complied with the mobility rules set out in Articles 21 and 22.
6. Without prejudice to paragraphs 1 and 3, any decision to withdraw or to refuse to renew an intra-corporate transferee permit shall take account of the specific circumstances of the case and respect the principle of proportionality.
Article 9
Sanctions
1. Member States may hold the host entity responsible for failure to comply with the conditions of admission, stay and mobility laid down in this Directive.
2. The Member State concerned shall provide for sanctions where the host entity is held responsible in accordance with paragraph 1. Those sanctions shall be effective, proportionate and dissuasive.
3. Member States shall provide for measures to prevent possible abuses and to sanction infringements of this Directive. Measures shall include monitoring, assessment and, where appropriate, inspection in accordance with national law or administrative practice.
CHAPTER III
PROCEDURE AND PERMIT
Article 10
Access to information
1. Member States shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence, including the rights, obligations and procedural safeguards, of the intra-corporate transferee and of his or her family members. Member States shall also make easily available information on the procedures applicable to the short-term mobility referred to in Article 21(2) and to the long-term mobility referred to in Article 22(1).
2. The Member States concerned shall make available information to the host entity on the right of Member States to impose sanctions in accordance with Articles 9 and 23.
Article 11
Applications for an intra-corporate transferee permit or a permit for long-term mobility
1. Member States shall determine whether an application is to be submitted by the third-country national or by the host entity. Member States may also decide to allow an application from either of the two.
2. The application for an intra-corporate transferee permit shall be submitted when the third-country national is residing outside the territory of the Member State to which admission is sought.
3. The application for an intra-corporate transferee permit shall be submitted to the authorities of the Member State where the first stay takes place. Where the first stay is not the longest, the application shall be submitted to the authorities of the Member State where the longest overall stay is to take place during the transfer.
4. Member States shall designate the authorities competent to receive the application and to issue the intra-corporate transferee permit or the permit for long-term mobility.
5. The applicant shall be entitled to submit an application in a single application procedure.
6. Simplified procedures relating to the issue of intra-corporate transferee permits, permits for long-term mobility, permits granted to family members of an intra-corporate transferee, and visas may be made available to entities or to undertakings or groups of undertakings that have been recognised for that purpose by Member States in accordance with their national law or administrative practice.
Recognition shall be regularly reassessed.
7. The simplified procedures provided for in paragraph 6 shall at least include:
(a)
exempting the applicant from presenting some of the evidence referred to in Article 5 or in point (a) of Article 22(2);
(b)
a fast-track admission procedure allowing intra-corporate transferee permits and permits for long-term mobility to be issued within a shorter time than specified in Article 15(1) or in point (b) of Article 22(2); and/or
(c)
facilitated and/or accelerated procedures in relation to the issue of the requisite visas.
8. Entities or undertakings or groups of undertakings which have been recognised in accordance with paragraph 6 shall notify to the relevant authority any modification affecting the conditions for recognition without delay and, in any event, within 30 days.
9. Member States shall provide for appropriate sanctions, including revocation of recognition, in the event of failure to notify the relevant authority.
Article 12
Duration of an intra-corporate transfer
1. The maximum duration of the intra-corporate transfer shall be three years for managers and specialists and one year for trainee employees after which they shall leave the territory of the Member States unless they obtain a residence permit on another basis in accordance with Union or national law.
2. Without prejudice to their obligations under international agreements, Member States may require a period of up to six months to elapse between the end of the maximum duration of a transfer referred to in paragraph 1 and another application concerning the same third-country national for the purposes of this Directive in the same Member State.
Article 13
Intra-corporate transferee permit
1. Intra-corporate transferees who fulfil the admission criteria set out in Article 5 and for whom the competent authorities have taken a positive decision shall be issued with an intra-corporate transferee permit.
2. The period of validity of the intra-corporate transferee permit shall be at least one year or the duration of the transfer to the territory of the Member State concerned, whichever is shorter, and may be extended to a maximum of three years for managers and specialists and one year for trainee employees.
3. The intra-corporate transferee permit shall be issued by the competent authorities of the Member State using the uniform format laid down in Regulation (EC) No 1030/2002.
4. Under the heading ‘type of permit’, in accordance with point (a) 6.4 of the Annex to Regulation (EC) No 1030/2002, the Member States shall enter ‘ICT’.
Member States may also add an indication in their official language or languages.
5. Member States shall not issue any additional permits, in particular work permits of any kind.
6. Member States may indicate additional information relating to the employment activity during the intra-corporate transfer of the third-country national in paper format, and/or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto.
7. The Member State concerned shall grant third-country nationals whose application for admission has been accepted every facility to obtain the requisite visa.
Article 14
Modifications affecting the conditions for admission during the stay
Any modification during the stay that affects the conditions for admission set out in Article 5 shall be notified by the applicant to the competent authorities of the Member State concerned.
Article 15
Procedural safeguards
1. The competent authorities of the Member State concerned shall adopt a decision on the application for an intra-corporate transferee permit or a renewal of it and notify the decision to the applicant in writing, in accordance with the notification procedures under national law, as soon as possible but not later than 90 days from the date on which the complete application was submitted.
2. Where the information or documentation supplied in support of the application is incomplete, the competent authorities shall notify the applicant within a reasonable period of the additional information that is required and set a reasonable deadline for providing it. The period referred to in paragraph 1 shall be suspended until the competent authorities have received the additional information required.
3. Reasons for a decision declaring inadmissible or rejecting an application or refusing renewal shall be given to the applicant in writing. Reasons for a decision withdrawing an intra-corporate transferee permit shall be given in writing to the intra-corporate transferee and to the host entity.
4. Any decision declaring inadmissible or rejecting the application, refusing renewal, or withdrawing an intra-corporate transferee permit shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification shall specify the court or administrative authority with which an appeal may be lodged and the time-limit for lodging the appeal.
5. Within the period referred to in Article 12(1) an applicant shall be allowed to submit an application for renewal before the expiry of the intra-corporate transferee permit. Member States may set a maximum deadline of 90 days prior to the expiry of the intra-corporate transferee permit for submitting an application for renewal.
6. Where the validity of the intra-corporate transferee permit expires during the procedure for renewal, Member States shall allow the intra-corporate transferee to stay on their territory until the competent authorities have taken a decision on the application. In such a case, they may issue, where required under national law, national temporary residence permits or equivalent authorisations.
Article 16
Fees
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of such fees shall not be disproportionate or excessive.
CHAPTER IV
RIGHTS
Article 17
Rights on the basis of the intra-corporate transferee permit
During the period of validity of an intra-corporate transferee permit, the holder shall enjoy at least the following rights:
(a)
the right to enter and stay in the territory of the first Member State;
(b)
free access to the entire territory of the first Member State in accordance with its national law;
(c)
the right to exercise the specific employment activity authorised under the permit in accordance with national law in any host entity belonging to the undertaking or the group of undertakings in the first Member State.
The rights referred to in points (a) to (c) of the first paragraph of this Article shall be enjoyed in second Member States in accordance with Article 20.
Article 18
Right to equal treatment
1. Whatever the law applicable to the employment relationship, and without prejudice to point (b) of Article 5(4), intra-corporate transferees admitted under this Directive shall enjoy at least equal treatment with persons covered by Directive 96/71/EC with regard to the terms and conditions of employment in accordance with Article 3 of Directive 96/71/EC in the Member State where the work is carried out.
2. Intra-corporate transferees shall enjoy equal treatment with nationals of the Member State where the work is carried out as regards:
(a)
freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
(b)
recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;
(c)
provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/2004, unless the law of the country of origin applies by virtue of bilateral agreements or the national law of the Member State where the work is carried out, ensuring that the intra-corporate transferee is covered by the social security legislation in one of those countries. In the event of intra-EU mobility, and without prejudice to bilateral agreements ensuring that the intra-corporate transferee is covered by the national law of the country of origin, Regulation (EU) No 1231/2010 shall apply accordingly;
(d)
without prejudice to Regulation (EU) No 1231/2010 and to bilateral agreements, payment of old-age, invalidity and death statutory pensions based on the intra-corporate transferees' previous employment and acquired by intra-corporate transferees moving to a third country, or the survivors of such intra-corporate transferees residing in a third country deriving rights from the intra-corporate transferee, in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member State concerned when they move to a third country;
(e)
access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law, without prejudice to freedom of contract in accordance with Union and national law, and services afforded by public employment offices.
The bilateral agreements or national law referred to in this paragraph shall constitute international agreements or Member States' provisions within the meaning of Article 4.
3. Without prejudice to Regulation (EU) No 1231/2010, Member States may decide that point (c) of paragraph 2 with regard to family benefits shall not apply to intra-corporate transferees who have been authorised to reside and work in the territory of a Member State for a period not exceeding nine months.
4. This Article shall be without prejudice to the right of the Member State to withdraw or to refuse to renew the permit in accordance with Article 8.
Article 19
Family members
1. Directive 2003/86/EC shall apply in the first Member State and in second Member States which allow the intra-corporate transferee to stay and work on their territory in accordance with Article 22 of this Directive, subject to the derogations laid down in this Article.
2. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification in the Member States shall not be made dependent on the requirement that the holder of the permit issued by those Member States on the basis of this Directive has reasonable prospects of obtaining the right of permanent residence and has a minimum period of residence.
3. By way of derogation from the third subparagraph of Article 4(1) and from Article 7(2) of Directive 2003/86/EC, the integration measures referred to therein may be applied by the Member States only after the persons concerned have been granted family reunification.
4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by a Member State, if the conditions for family reunification are fulfilled, within 90 days from the date on which the complete application was submitted. The competent authority of the Member State shall process the residence permit application for the intra-corporate transferee's family members at the same time as the application for the intra-corporate transferee permit or the permit for long-term mobility, in cases where the residence permit application for the intra-corporate transferee's family members is submitted at the same time. The procedural safeguards laid down in Article 15 shall apply accordingly.
5. By way of derogation from Article 13(2) of Directive 2003/86/EC, the duration of validity of the residence permits of family members in a Member State shall, as a general rule, end on the date of expiry of the intra-corporate transferee permit or the permit for long-term mobility issued by that Member State.
6. By way of derogation from Article 14(2) of Directive 2003/86/EC and without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession, the family members of the intra-corporate transferee who have been granted family reunification shall be entitled to have access to employment and self-employed activity in the territory of the Member State which issued the family member residence permit.
CHAPTER V
INTRA-EU MOBILITY
Article 20
Mobility
Third-country nationals who hold a valid intra-corporate transferee permit issued by the first Member State may, on the basis of that permit and a valid travel document and under the conditions laid down in Article 21 and 22 and subject to Article 23, enter, stay and work in one or several second Member States.
Article 21
Short-term mobility
1. Third-country nationals who hold a valid intra-corporate transferee permit issued by the first Member State shall be entitled to stay in any second Member State and work in any other entity, established in the latter and belonging to the same undertaking or group of undertakings, for a period of up to 90 days in any 180-day period per Member State subject to the conditions laid down in this Article.
2. The second Member State may require the host entity in the first Member State to notify the first Member State and the second Member State of the intention of the intra-corporate transferee to work in an entity established in the second Member State.
In such cases, the second Member State shall allow the notification to take place either:
(a)
at the time of the application in the first Member State, where the mobility to the second Member State is already envisaged at that stage; or
(b)
after the intra-corporate transferee was admitted to the first Member State, as soon as the intended mobility to the second Member State is known.
3. The second Member State may require the notification to include the transmission of the following documents and information:
(a)
evidence that the host entity in the second Member State and the undertaking established in a third country belong to the same undertaking or group of undertakings;
(b)
the work contract and, if necessary, the assignment letter, which were transmitted to the first Member State in accordance with point (c) of Article 5(1);
(c)
where applicable, documentation certifying that the intra-corporate transferee fulfils the conditions laid down under the national law of the Member State concerned for Union citizens to exercise the regulated profession to which the application relates;
(d)
a valid travel document, as provided for in point (f) of Article 5(1); and
(e)
where not specified in any of the preceding documents, the planned duration and dates of the mobility.
The second Member State may require those documents and that information to be presented in an official language of that Member State.
4. Where the notification has taken place in accordance with point (a) of paragraph 2, and where the second Member State has not raised any objection with the first Member State in accordance with paragraph 6, the mobility of the intra-corporate transferee to the second Member State may take place at any moment within the period of validity of the intra-corporate transferee permit.
5. Where the notification has taken place in accordance with point (b) of paragraph 2, the mobility may be initiated after the notification to the second Member State immediately or at any moment thereafter within the period of validity of the intra-corporate transferee permit.
6. Based on the notification referred to in paragraph 2, the second Member State may object to the mobility of the intra-corporate transferee to its territory within 20 days from having received the notification, where:
(a)
the conditions set out in point (b) of Article 5(4) or in point (a), (c) or (d) of paragraph 3 of this Article are not complied with;
(b)
the documents presented were fraudulently acquired, or falsified, or tampered with;
(c)
the maximum duration of stay as defined in Article 12(1) or in paragraph 1 of this Article has been reached.
The competent authorities of the second Member State shall inform without delay the competent authorities of the first Member State and the host entity in the first Member State about their objection to the mobility.
7. Where the second Member State objects to the mobility in accordance with paragraph 6 of this Article and the mobility has not yet taken place, the intra-corporate transferee shall not be allowed to work in the second Member State as part of the intra-corporate transfer. Where the mobility has already taken place, Article 23(4) and (5) shall apply.
8. Where the intra-corporate transferee permit is renewed by the first Member State within the maximum duration provided for in Article 12(1), the renewed intra-corporate transferee permit shall continue to authorise its holder to work in the second Member State, subject to the maximum duration provided for in paragraph 1 of this Article.
9. Intra-corporate transferees who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member State.
Article 22
Long-term mobility
1. In relation to third-country nationals who hold a valid intra-corporate transferee permit issued by the first Member State and who intend to stay in any second Member State and work in any other entity, established in the latter and belonging to the same undertaking or group of undertakings, for more than 90 days per Member State, the second Member State may decide to:
(a)
apply Article 21 and allow the intra-corporate transferee to stay and work on its territory on the basis of and during the period of validity of the intra-corporate transferee permit issued by the first Member State; or
(b)
apply the procedure provided for in paragraphs 2 to 7.
2. Where an application for long-term mobility is submitted:
(a)
the second Member State may require the applicant to transmit some or all of the following documents where they are required by the second Member State for an initial application:
(i)
evidence that the host entity in the second Member State and the undertaking established in a third country belong to the same undertaking or group of undertakings;
(ii)
a work contract and, if necessary, an assignment letter, as provided for in point (c) of Article 5(1);
(iii)
where applicable, documentation certifying that the third-country national fulfils the conditions laid down under the national law of the Member State concerned for Union citizens to exercise the regulated profession to which the application relates;
(iv)
a valid travel document, as provided for in point (f) of Article 5(1);
(v)
evidence of having, or, if provided for by national law, having applied for, sickness insurance, as provided for in point (g) of Article 5(1).
The second Member State may require the applicant to provide, at the latest at the time of issue of the permit for long-term mobility, the address of the intra-corporate transferee concerned in the territory of the second Member State.
The second Member State may require those documents and that information to be presented in an official language of that Member State;
(b)
the second Member State shall take a decision on the application for long-term mobility and notify the decision to the applicant in writing as soon as possible but not later than 90 days from the date on which the application and the documents provided for in point (a) were submitted to the competent authorities of the second Member State;
(c)
the intra-corporate transferee shall not be required to leave the territories of the Member States in order to submit the application and shall not be subject to a visa requirement;
(d)
the intra-corporate transferee shall be allowed to work in the second Member State until a decision on the application for long-term mobility has been taken by the competent authorities, provided that:
(i)
the time period referred to in Article 21(1) and the period of validity of the intra-corporate transferee permit issued by the first Member State has not expired; and
(ii)
if the second Member State so requires, the complete application has been submitted to the second Member State at least 20 days before the long-term mobility of the intra-corporate transferee starts;
(e)
an application for long-term mobility may not be submitted at the same time as a notification for short-term mobility. Where the need for long-term mobility arises after the short-term mobility of the intra-corporate transferee has started, the second Member State may request that the application for long-term mobility be submitted at least 20 days before the short-term mobility ends.
3. Member States may reject an application for long-term mobility where:
(a)
the conditions set out in point (a) of paragraph 2 of this Article are not complied with or the criteria set out in Article 5(4), Article 5(5) or Article 5(8) are not complied with;
(b)
one of the grounds covered by point (b) or (d) of Article 7(1) or by Article 7(2), (3) or (4) applies; or
(c)
the intra-corporate transferee permit expires during the procedure.
4. Where the second Member State takes a positive decision on the application for long-term mobility as referred to in paragraph 2, the intra-corporate transferee shall be issued with a permit for long-term mobility allowing the intra-corporate transferee to stay and work in its territory. This permit shall be issued using the uniform format laid down in Regulation (EC) No 1030/2002. Under the heading ‘type of permit’, in accordance with point (a)6.4 of the Annex to Regulation (EC) No 1030/2002, the Member States shall enter: ‘mobile ICT’. Member States may also add an indication in their official language or languages.
Member States may indicate additional information relating to the employment activity during the long-term mobility of the intra-corporate transferee in paper format, and/or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto.
5. Renewal of a permit for long-term mobility is without prejudice to Article 11(3).
6. The second Member State shall inform the competent authorities in the first Member State where a permit for long-term mobility is issued.
7. Where a Member State takes a decision on an application for long-term mobility, Article 8, Article 15(2) to (6) and Article 16 shall apply accordingly.
Article 23
Safeguards and sanctions
1. Where the intra-corporate transferee permit is issued by a Member State not applying the Schengen acquis in full and the intra-corporate transferee crosses an external border, the second Member State shall be entitled to require as evidence that the intra-corporate transferee is moving to the second Member State for the purpose of an intra-corporate transfer:
(a)
a copy of the notification sent by the host entity in the first Member State in accordance with Article 21(2); or
(b)
a letter from the host entity in the second Member State that specifies at least the details of the duration of the intra-EU mobility and the location of the host entity or entities in the second Member State.
2. Where the first Member State withdraws the intra-corporate transferee permit, it shall inform the authorities of the second Member State immediately.
3. The host entity of the second Member State shall inform the competent authorities of the second Member State of any modification which affects the conditions on which basis the mobility was allowed to take place.
4. The second Member State may request that the intra-corporate transferee immediately cease all employment activity and leave its territory where:
(a)
it has not been notified in accordance with Article 21(2) and (3) and requires such notification;
(b)
it has objected to the mobility in accordance with Article 21(6);
(c)
it has rejected an application for long-term mobility in accordance with Article 22(3);
(d)
the intra-corporate transferee permit or the permit for long-term mobility is used for purposes other than those for which it was issued;
(e)
the conditions on which the mobility was allowed to take place are no longer fulfilled.
5. In the cases referred to in paragraph 4, the first Member State shall, upon request of the second Member State, allow re-entry of the intra-corporate transferee, and, where applicable, of his or her family members, without formalities and without delay. That shall also apply if the intra-corporate transferee permit issued by the first Member State has expired or has been withdrawn during the period of mobility within the second Member State.
6. Where the holder of an intra-corporate transferee permit crosses the external border of a Member State applying the Schengen acquis in full, that Member State shall consult the Schengen information system. That Member State shall refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen information system.
7. Member States may impose sanctions against the host entity established on its territory in accordance with Article 9, where:
(a)
the host entity has failed to notify the mobility of the intra-corporate transferee in accordance with Article 21(2) and (3);
(b)
the intra-corporate transferee permit or the permit for long-term mobility is used for purposes other than those for which it was issued;
(c)
the application for an intra-corporate transferee permit has been submitted to a Member State other than the one where the longest overall stay takes place;
(d)
the intra-corporate transferee no longer fulfils the criteria and conditions on the basis of which the mobility was allowed to take place and the host entity fails to notify the competent authorities of the second Member State of such a modification;
(e)
the intra-corporate transferee started to work in the second Member State, although the conditions for mobility were not fulfilled in case Article 21(5) or point (d) of Article 22(2) applies.
CHAPTER VI
FINAL PROVISIONS
Article 24
Statistics
1. Member States shall communicate to the Commission statistics on the number of intra-corporate transferee permits and permits for long-term mobility issued for the first time, and, where applicable, the notifications received pursuant to Article 21(2) and, as far as possible, on the number of intra-corporate transferees whose permit has been renewed or withdrawn. Those statistics shall be disaggregated by citizenship and by the period of validity of the permit and, as far as possible, by the economic sector and transferee position.
2. The statistics shall relate to reference periods of one calendar year and shall be communicated to the Commission within six months of the end of the reference year. The first reference year shall be 2017.
3. The statistics shall be communicated in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council (15).
Article 25
Reporting
Every three years, and for the first time by 29 November 2019, the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose any amendments necessary. The report shall focus in particular on the assessment of the proper functioning of the intra-EU mobility scheme and on possible misuses of such a scheme as well as its interaction with the Schengen acquis. The Commission shall in particular assess the practical application of Articles 20, 21, 22, 23 and 26.
Article 26
Cooperation between contact points
1. Member States shall appoint contact points which shall cooperate effectively and be responsible for receiving and transmitting the information needed to implement Articles 21, 22 and 23. Member States shall give preference to exchanging of information via electronic means.
2. Each Member State shall inform the other Member States, via the national contact points referred to in paragraph 1, about the designated authorities referred to in Article 11(4) and about the procedure applied to mobility referred to in the Articles 21 and 22.
Article 27
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 November 2016. They shall forthwith communicate the text of those measures to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such 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 28
Entry into force
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 29
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
Done at Brussels, 15 May 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
(1) OJ C 218, 23.7.2011, p. 101.
(2) OJ C 166, 7.6.2011, p. 59.
(3) Position of the European Parliament of 15 April 2014 (not yet published in the Official Journal) and decision of the Council of 13 May 2014.
(4) Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
(5) Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
(6) Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).
(7) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
(8) Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).
(9) Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1).
(10) Regulation (EC) No 883/04 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).
(11) Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 on nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1).
(12) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15).
(13) OJ C 369, 17.12.2011, p. 14.
(14) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
(15) Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (JO L 199, 31.7.2007, p. 23). |
9.1.2014
EN
Official Journal of the European Union
L 4/71
COMMISSION DELEGATED DIRECTIVE 2014/14/EU
of 18 October 2013
amending, for the purposes of adapting to technical progress, the Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for 3,5 mg mercury per lamp in single capped compact fluorescent lamps for general lighting purposes 30 W with a lifetime equal to or above 20 000 h
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(a) thereof,
Whereas:
(1)
Directive 2011/65/EU prohibits the use of mercury in electrical and electronic equipment placed on the market.
(2)
Single capped compact fluorescent lamps for general lighting purposes 30 W with a lifetime equal to or above 20 000 h need 3,5 mg mercury to avoid light output failures during the life of the product. Suitable substitutes do not exist at this time.
(3)
Directive 2011/65/EU should therefore be amended accordingly,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the last day of the sixth month after entry into force 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.
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, 18 October 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 174, 1.7.2011, p. 88.
ANNEX
In Annex III to Directive 2011/65/EU the following point is inserted:
‘1(g)
For general lighting purposes 30 W with a lifetime equal or above 20 000 h: 3,5 mg
Expires on 31 December 2017’ |
15.1.2014
EN
Official Journal of the European Union
L 10/7
COMMISSION IMPLEMENTING REGULATION (EU) No 30/2014
of 13 January 2014
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Κονσερβολιά Ροβιών (Konservolia Rovion) (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 Greece’s application for the approval of amendments to the specification for the protected designation of origin ‘Κονσερβολιά Ροβιών’ (Konservolia Rovion), registered under Commission Regulation (EC) No 1263/96 (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, 13 January 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 163, 2.7.1996, p. 19.
(3) OJ C 228, 7.8.2013, p. 30.
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.6. Fruit, vegetables and cereals, fresh or processed
GREECE
Κονσερβολιά Ροβιών (Konservolia Rovion) (PDO) |
21.11.2014
EN
Official Journal of the European Union
L 334/98
COMMISSION IMPLEMENTING DECISION
of 20 November 2014
setting up the organisational structure and operation for the European network for rural development and for the European Innovation Partnership network and repealing Decision 2008/168/EC
(2014/825/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Articles 52(4) and 53(4) thereof,
Whereas:
(1)
A European network for rural development was put in place in accordance with Article 52(1) of Regulation (EU) No 1305/2013 for the networking of national networks, organisations, and administrations active in the field of rural development at Union level.
(2)
A European Innovation Partnership (‘EIP’) network was put in place in accordance with Article 53(1) of Regulation (EU) No 1305/2013 to support the EIP for agricultural productivity and sustainability referred to in Article 55 of that Regulation and to enable the networking of operational groups, advisory services and researchers.
(3)
It is therefore necessary to adopt rules setting out the organisational structure and operation of both the European network for rural development ( ‘the ENRD’) and the EIP network.
(4)
With a view to achieve the objectives of rural networking at the European level set up in Articles 52(2) and 53(2) of Regulation (EU) No 1305/2013, and to carry out the tasks provided for in Articles 52(3) and 53(3) of that Regulation for the ENRD and the EIP network respectively, it is necessary to set up a Rural Networks' Assembly and to define its tasks and its structure, in accordance with the White Paper from the Commission entitled European governance (2), and in accordance with the Communication from the President to the Commission entitled Framework for Commission expert groups: horizontal rules and public register (3) ( ‘Framework for Commission expert groups’).
(5)
The Assembly should notably promote exchange and networking among public and private entities active in rural development and innovation for agricultural productivity and sustainability. It should ensure coordination between the ENRD and the EIP network, provide the strategic framework for their activity, including the thematic work, and ensure appropriate monitoring and assessment of the same activity. It should propose the members of the Steering Group.
(6)
The Assembly should be composed of national rural networks, managing authorities, paying agencies, organisations active in the field of rural development at Union level, LEADER local action groups, agricultural advisory service providers active in innovation support services linked to operational groups and research institutes active in innovation activities linked to operational groups.
(7)
In order to guarantee an open, transparent and balanced representation, the members of the Assembly who are organisations active in the field of rural development at Union level should be those appointed within the civil dialogue group on rural development in accordance with Commission Decision 2013/767/EU (4) (hereinafter ‘civil dialogue group on rural development’).
(8)
With a view to ensure an effective and efficient organisation of the activity of the ENRD and of the EIP network, in accordance with the opinions of the Assembly, it is necessary to set up a Rural Networks' Steering Group and to define its tasks and its structure.
(9)
The Steering Group should notably prepare, implement and follow-up the activities of the ENRD and of the EIP network. It should coordinate the thematic work of the networks and ensure coordination of the work of the Assembly with that of other expert groups and committees established in the context of rural development and of the European Structural and Investment Funds.
(10)
The Steering Group should be composed of managing authorities and/or national rural networks, EU-wide organisations active in the field of rural development, national authorities in charge of the evaluation of rural development programmes, agricultural advisory service providers and/or agricultural research institutes.
(11)
With a view to maintain an open and regular exchange between the ENRD, the EIP network and the civil dialogue group on rural development, the chairperson and the vice-chairpersons of the civil dialogue group should be enabled to take part in the meetings of the Steering Group as observers.
(12)
Rules on disclosure of information by members of the Assembly and of the Steering Group should be laid down.
(13)
Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (5).
(14)
Commission Decision 2008/168/EC (6) provides for the organisational structure of the European Network for Rural Development for the period 2007-2013. That Decision should therefore be repealed.
(15)
The measures provided for in this Decision are in accordance with the opinion of the Rural Development Committee,
HAS ADOPTED THIS DECISION:
CHAPTER I
SUBJECT MATTER
Article 1
Subject matter
This Decision sets out the organisational structure and operation of the European network for rural development (‘the ENRD’) and of the European Innovation Partnership network for agricultural productivity and sustainability (‘the EIP network’) by setting up an Assembly and a Steering Group, providing for their composition and their tasks and laying down rules for their operation.
CHAPTER II
RURAL NETWORKS' ASSEMBLY
Article 2
Rural Networks' Assembly
The Assembly of the ENRD and of the EIP network, hereinafter referred to as ‘the Assembly’, is hereby set up.
Article 3
Assembly's tasks
The tasks of the Assembly shall be in particular:
(a)
to promote exchange and networking among public and private entities active in rural development and innovation for agricultural productivity and sustainability;
(b)
to ensure coordination between the ENRD and the EIP network;
(c)
to provide the strategic framework for the activities of the ENRD and of the EIP network, including the thematic work;
(d)
to ensure appropriate monitoring and assessment of the activities of the ENRD and of the EIP network with regard to the objectives set up in Articles 52(2) and 53(2) of Regulation (EU) No 1305/2013 and the tasks listed in Articles 52(3) and 53(3) of that Regulation;
(e)
to propose to the Director-General for Agriculture and Rural Development (‘the Director-General’) the members of the Steering Group.
Article 4
Assembly membership
1. The Assembly shall be composed of the following members:
(a)
national rural networks referred to in Article 54 of Regulation (EU) No 1305/2013 (one member from each Member State);
(b)
managing authorities referred to in Article 66 of Regulation (EU) No 1305/2013 (one member from each Member State);
(c)
paying agencies referred to in Article 7 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (7) (one member from each Member State);
(d)
EU-wide non-governmental organisations, registered in the joint European Transparency Register, who have been appointed members of the civil dialogue group on rural development pursuant to Decision 2013/767/EU (hereinafter ‘civil dialogue group on rural development’) and who have expressed their interest in participating in the Assembly (maximum 29 members);
(e)
EU-wide organisations representing regional and/or local authorities active in rural development, including the connections between rural and urban areas (maximum three members);
(f)
LEADER local action groups referred to in Article 42 of Regulation (EU) No 1305/2013 (one member from each Member State);
(g)
agricultural advisory service providers active in innovation support services linked to operational groups (one member from each Member State);
(h)
agricultural research institutes active in innovation activities linked to operational groups (one member from each Member State).
2. Members referred to in paragraph 1(a), (b), (c), (f), (g) and (h) shall be designated by the respective Member State.
Members referred to in paragraph 1(e) shall be appointed by the Director-General on the basis of a call for applications.
3. Members States' authorities shall nominate the permanent representatives for each of the categories referred to in paragraph 1(a), (b), (c), (f), (g) and (h).
The organisations referred to in paragraph 1(d) and (e) shall nominate their permanent representatives.
4. The members of the Assembly shall be published in the Register of Commission expert groups and other similar entities ( ‘the Register’) and on the websites of the ENRD and of the EIP network.
5. Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
Article 5
Assembly's operation
1. The Assembly shall be chaired by a representative of the Commission. The chair shall convene a meeting at least once a year.
2. In agreement with the Commission, the Assembly may set up sub-groups on specific topics related to the objectives and the tasks of the ENRD and of the EIP network, including permanent sub-groups on:
(a)
innovation for agricultural productivity and sustainability;
(b)
LEADER and community led local development; and
(c)
the evaluation of rural development programmes.
Sub-groups shall carry out thematic work on the basis of a mandate defined by the Assembly.
Non-permanent sub-groups shall be disbanded as soon as their mandate is fulfilled.
3. The Commission's representative may invite experts and observers from outside the Assembly with specific competence in a subject on the agenda to participate in the work of the Assembly or sub-groups on an ad hoc basis.
4. Members of the Assembly, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (8). Should they fail to respect these obligations, the Commission shall take all appropriate measures.
5. The meetings of the Assembly and its sub-groups shall be held on Commission premises, unless the chair decides otherwise. The Commission shall provide secretarial services. Commission officials with an interest in the proceedings may attend meetings of the Assembly and its sub-groups.
6. The Assembly shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups adopted by the Commission.
7. The Commission publishes all relevant documents on the activities carried out by the Assembly (such as agendas, minutes and participants' submissions) either by including it in the Register or via a link from the Register to a dedicated website.
8. The work of the Assembly shall be coordinated with that of other expert groups and committees established in the context of the civil dialogue on rural development as well as in the context of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (9) and the Fund-specific Regulations within the meaning of that Regulation.
Article 6
Reimbursement of expenses
1. Members of the Assembly shall not be remunerated for the services they render.
2. Travel and subsistence expenses incurred by the members of the Assembly for their participation in the Assembly's meetings, including the sub-groups, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
3. The expenses referred to in paragraph 2 shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
CHAPTER III
RURAL NETWORKS' STEERING GROUP
Article 7
Rural Networks' Steering Group
The Steering Group of the ENRD and of the EIP network, hereinafter referred to as ‘the Steering Group’, is hereby set up.
Article 8
Steering Group's tasks
The tasks of the Steering Group shall be in particular:
(a)
preparing, implementing and following-up the activities of the ENRD and of the EIP network, in accordance with the strategic framework provided by the Assembly;
(b)
coordinating the thematic work in accordance with the framework provided by the Assembly and following-up its implementation;
(c)
assessing on an ongoing basis the effectiveness and efficiency of the activities of the ENRD and of the EIP network;
(d)
ensuring the coordination of the work of the Assembly with that of other expert groups and committees established in the context of the civil dialogue on rural development as well as in the context of Regulation (EU) No 1303/2013 and the Fund-specific Regulations within the meaning of that Regulation;
(e)
reporting to the Assembly as regards its activities.
Article 9
Steering Group's membership
1. The Steering Group shall be composed of the following members of the Assembly:
(a)
managing authorities and/or national rural networks (one member from each Member State);
(b)
EU-wide organisations referred to in Article 4(1)(d) and (e) (maximum 12 members);
(c)
national authorities in charge of the evaluation of rural development programmes (maximum four members);
(d)
agricultural advisory service providers and/or agricultural research institutes referred to in Article 4(1)(g) and (h) (maximum four members).
2. The members of the Steering Group shall be appointed by the Director-General following a proposal of the Assembly reflecting the geographic and thematic diversity of the members of the ENRD and of the EIP network and based on the voluntary commitment of the proposed members.
For each of the categories referred to in paragraph 1, the Assembly may propose a rotation of the members of the Steering Group.
3. A member of the Steering Group may be replaced by the Director-General following a proposal of the Assembly where:
(a)
it withdraws from the Steering Group;
(b)
it does not regularly designate representatives for the meetings of the Steering Group;
(c)
it is no longer able to contribute effectively to the tasks of the Steering Group;
(d)
it does not comply with the non-disclosure requirement relating to information covered by the obligation of professional secrecy laid down in Article 339 of the Treaty on the Functioning of the European Union.
4. The chairperson and the vice-chairpersons of the civil dialogue group on rural development may take part in the Steering Group's meetings as observers.
Article 10
Steering Group's operation and meeting expenses
Articles 5 and 6 shall apply, mutatis mutandis, to the operation and the meeting expenses of the Steering Group.
CHAPTER IV
FINAL PROVISIONS
Article 11
Repeal
Decision 2008/168/EC is repealed.
Article 12
Entry into force
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 20 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 347, 20.12.2013, p. 487.
(2) White Paper of the Commission — European governance, 25 July 2001, COM(2001) 428 final.
(3) Communication from the President to the Commission — Framework for Commission expert groups: horizontal rules and public register, 10 November 2012, C(2010) 7649 final.
(4) Commission Decision 2013/767/EU of 16 December 2013 setting up a framework for civil dialogue in matters covered by the common agricultural policy and repealing Decision 2004/391/EC (OJ L 338, 17.12.2013, p. 115).
(5) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(6) Commission Decision 2008/168/EC of 20 February 2008 setting up the organisational structure for the European Network for Rural Development (OJ L 56, 29.2.2008, p. 31).
(7) 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).
(8) Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).
(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). |
28.1.2014
EN
Official Journal of the European Union
L 24/1
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
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 allocated to Member States in such a way as to ensure relative stability of fishing activities of each Member State for each fish stock or fishery and having due regard to the objectives of the Common Fisheries Policy established in Regulation (EU) No 1380/2013.
(4)
The total allowable catch (TACs) should be established on the basis of available scientific advice, taking into account biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the Regional Advisory Councils concerned.
(5)
For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of Southern hake and Norway lobster, of sole in the Western Channel, of plaice and sole in the North Sea, of herring to the west of Scotland, of cod in the Kattegat, to the west of Scotland, the Irish Sea, the North Sea, Skagerrak and the Eastern Channel and of bluefin tuna in the Eastern Atlantic and the Mediterranean should be established in accordance with the rules laid down in Council Regulations (EC) No 2166/2005 (2), (EC) No 509/2007 (3), (EC) No 676/2007 (4), (EC) No 1300/2008 (5), (EC) No 1342/2008 (6) (the "Cod Plan") and (EC) No 302/2009 (7).
With regard, however, to the stocks of northern hake (Council Regulation (EC) No 811/2004 (8) and sole in the Bay of Biscay (Council Regulation (EC) No 388/2006 (9), the minimum targets of the relevant recovery and management plans have been reached and, therefore, it is appropriate to follow scientific advice provided in order to achieve or maintain the TACs at maximum sustainable yield levels, as the case may be.
(6)
For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in Article 4(1)(8) of Regulation (EU) No 1380/2013, while taking into account stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(7)
In accordance with Article 2 of Council Regulation (EC) No 847/96 (10), the stocks that are subject to the various measures referred to therein should be identified.
(8)
Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State in accordance with Article 2(1) of the Treaty to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the Common Fisheries Policy.
(9)
It is necessary to establish the fishing effort ceilings for 2014 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account Council Regulation (EC) No 754/2009 (11).
(10)
In the light of the most recent scientific advice from International Council for the Exploration of the Sea (ICES) and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species.
(11)
For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species.
(12)
The use of fishing opportunities available to Union vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (12), and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(13)
For certain TACs Member States should be allowed to grant additional allocations for vessels participating in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system, i.e. a system where all catches should be landed and counted against quotas in order to avoid discards and the waste of otherwise usable fish resources they entail. Uncontrolled discards of fish are a threat to the long term sustainability of fish as a public good and thus to the Common Fisheries Policy objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity of their operations. In order to achieve a rational management of discards, a fully documented fishery should cover every operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations should therefore include an obligation to ensure the use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "CCTV system"). This should enable the recording, in detail, of all retained and discarded parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly, and less reliable. Consequently, the use of CCTV systems is, at this time, a prerequisite for the achievement of discard reduction schemes such as fully documented fisheries. In the use of such system, the requirements of Directive 95/46/EC of the European Parliament and of the Council (13) should be complied with.
(14)
In order to ensure that trials of fully documented fisheries can effectively evaluate the potential of catch-quota systems to control the absolute fishing mortality of the stocks concerned, it is necessary for all fish caught in those trials, including those under minimum landing size, to be counted against the total allocation assigned to the participating vessel, and for fishing operations to cease when that total allocation has been fully utilised by that vessel. It is also appropriate to allow transfers of allocations between vessels participating in the fully documented fisheries trials and non-participating vessels provided that it can be demonstrated that discards by non-participating vessels do not increase.
(15)
In November 2013, STECF assessed positively the rebuilding management plan proposed by the Pelagic Regional Advisory Council (PELRAC) for the stock of herring in ICES VIaS, VIIb and VIIc. The distribution of this herring stock overlaps with that of its northern neighbouring stock in a mixing zone located between 56° N and 57° 30′ N within ICES VIa. In order to ensure the correct assessment of these two stocks as regards their conservation state and to control the fishing mortality inflicted on each of them, it is necessary to exclude all catches taken in the mixing zone.
(16)
It is appropriate, following advice from the ICES, to maintain and revise a system to manage sandeel in Union waters of ICES divisions IIa and IIIa and ICES subarea IV. Given that the ICES scientific advice is expected to become available only in February 2014, it is appropriate to set the TAC and quotas provisionally at zero until such advice is released.
(17)
Since there is no scientific evidence that the TAC areas for pollack correspond to distinct biological stocks and the distribution of this species is continuous from the North of the British Isles to the South of the Iberian Peninsula, it is appropriate, in order to guarantee full use of fishing opportunities, to allow for the implementation of a flexible arrangement between some of these TAC areas. In the same vein, it is appropriate to allow a higher degree of flexibility arrangements between some management areas in respect of certain stocks whose distribution extends over several management areas and where the same biological stocks are concerned.
(18)
In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (14), the Faroe Islands (15) and Iceland (16), the Union has held consultations on fishing rights with those partners. The consultations with Norway and the Faroe Islands on arrangements for 2014 have not been finalised. In order to avoid the interruption of Union fishing activities, whilst allowing for the necessary flexibility for the conclusion of those arrangements early in 2014, it is appropriate to establish the fishing opportunities for stocks subject to those arrangements on a provisional basis. It has not been possible to conclude consultations with Iceland on fisheries arrangements for 2014. In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland (17), the Joint Committee has established the concrete level of fishing opportunities available for the Union in Greenland waters in 2014.
(19)
At its Annual Meeting in 2013, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted a one year extension of the existing TAC and quotas for bluefin tuna, and confirmed TACs and quotas for North-Atlantic swordfish, Southern-Atlantic swordfish and North-Atlantic Albacore at the current level for the 2014-2016 period. As a result, the Union quota for these stocks remains the same as in 2013. Although the TAC of Southern-Atlantic albacore was also maintained at the current level for the 2014-2016 period, individual quotas of Contracting Parties, including the Union, were slightly reduced in order to grant a quota to another Contracting Party. All these measures should be implemented in the law of the Union.
(20)
Pursuant to the accession of the Republic of Croatia to the European Union in July 2013, provisions on fishing opportunities for Croatia are included in this Regulation.
(21)
At its Annual Meeting in 2013, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and by-catch species. Those measures should be implemented in the law of the Union.
(22)
At its Annual Meeting in 2013, the Indian Ocean Tuna Commission (IOTC) adopted a resolution aiming at the protection of oceanic whitetip sharks and applicable to fishing vessels on the IOTC Record of Authorised Vessels by prohibiting, as an interim pilot measure, to retain on board, tranship, land or store any part or whole carcass of oceanic whitetip shark. The resolution provides for an exception for artisanal fisheries, namely fishing vessels engaged in fishing operations within the Exclusive Economic Zones of the Member State whose flag they fly.
(23)
The second Annual Meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held from 27 to 31 January 2014. Until such Annual Meeting is held, it is appropriate that the current measures remain in place provisionally and that the TAC for jack mackerel in the SPRFMO Convention Area is provisionally established at the same level as in 2013.
(24)
At its 84th Annual Meeting in 2013, the Inter-American Tropical Tuna Commission (IATTC) maintained its conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. IATTC also maintained its resolution on the conservation of oceanic whitetip sharks. Those measures should continue to be implemented in the law of the Union.
(25)
At its Annual Meeting in 2013, the South East Atlantic Fisheries Organisation (SEAFO) adopted a recommendation for new bi-annual TACs for Patagonian toothfish and deep-sea red crab for 2014 and 2015, the existing TACs for orange roughy and alfonsinos agreed for 2013 and 2014 at its annual meeting in 2012 remained in force. The currently applicable measures on allocation of fishing opportunities adopted by SEAFO should be implemented in the law of the Union.
(26)
The 10th Annual Meeting of the Western and Central Pacific Fisheries Commission (WCPFC) in 2013 modified its measures regarding fishing opportunities by setting a total amount of days that can be fished in the high seas and by adapting the closure concerning aggregation devices (FAD) fishing. The revision of the measure of FAD fishing requires that the Union as a Contracting Party to WCPFC decides on one of two available options, either to confirm the current period of FAD fishing closure or to opt for a reduction of FAD sets. Until such a decision is taken, the currently applicable closure adopted by the WCFPC should continue to be implemented in the law of the Union.
(27)
At its Annual Meeting in 2013, the Parties to the Convention on the Conservation and Management of Pollock resources in the central Bering Sea did not modify its measures regarding fishing opportunities. Those measures should be implemented in the law of the Union.
(28)
At its 35th Annual Meeting in 2013, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2014 of certain stocks in Subareas 1-4 of the NAFO Convention Area. In that context, NAFO adopted a procedure for increasing the TAC for white hake in NAFO Subdivision 3NO fixed for 2014, if certain conditions related to the situation of this stock are met. A Contracting Party to NAFO may notify to the Executive Secretary of NAFO that higher than normal catches per unit of effort have been observed for the stock of white hake in NAFO Subdivision 3NO. If the in-year 2014 TAC increase is confirmed by a positive vote within NAFO, it should be implemented into the law of the Union and the quotas of the Member States concerned should be increased.
(29)
Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant Regional Fisheries Management Organisations (RFMOs) at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in the law of the Union to apply retroactively. In particular, since the fishing season in CCAMLR Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2013, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application will be without prejudice to the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.
(30)
In accordance with the declaration by the Union addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guyana (18), it is necessary to fix the fishing opportunities for snappers available to Venezuela in Union waters.
(31)
In order to ensure uniform conditions for granting an individual Member State an authorisation to benefit from the system of managing its fishing effort allocations in accordance with a kilowatt days system, implementing powers should be conferred on the Commission.
(32)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to the granting of additional days at sea for permanent cessation of fishing activities and for enhanced scientific observer coverage as well as to establish the formats of spreadsheet for the collection and transmission of information concerning transfer of days at sea between fishing vessels flying the flag of a Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 (19).
(33)
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 2014, except for the provisions concerning fishing effort limits, which should apply from 1 February 2014, and certain provisions in particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(34)
Fishing opportunities should be used in full compliance with the applicable law of the Union,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
1. This Regulation fixes the fishing opportunities available in Union waters and, to Union vessels, in certain non-Union waters for certain fish stocks and groups of fish stocks.
2. The fishing opportunities referred to in paragraph 1 include:
(a)
catch limits for the year 2014 and, where specified in this Regulation, for the year 2015;
(b)
fishing effort limits for the period from 1 February 2014 to 31 January 2015;
(c)
fishing opportunities for the period from 1 December 2013 to 30 November 2014 for certain stocks in the CCAMLR Convention Area;
(d)
fishing opportunities for the periods set out in Article 32 for certain stocks in the IATTC Convention Area for the year 2014 and, where specified in this Regulation, for the year 2015.
3. This Regulation also fixes provisional fishing opportunities for certain fish stocks and groups of fish stocks subject to the bilateral fisheries arrangements with Norway and the Faroe Islands, pending the consultations on those arrangements for 2014.
Article 2
Scope
This Regulation shall apply to the following vessels:
(a)
Union vessels;
(b)
third-country vessels in Union waters.
Article 3
Definitions
For the purposes of this Regulation the following definitions shall apply:
(a)
'Union vessel' means a fishing vessel flying the flag of a Member State and registered in the Union;
(b)
'third-country vessel' means a fishing vessel flying the flag of, and registered in, a third country;
(c)
'Union waters' means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the overseas countries and territories listed in Annex II to the Treaty;
(d)
'international waters' means waters falling outside the sovereignty or jurisdiction of any State;
(e)
'total allowable catch' (TAC) means the quantity that can be taken and landed from each fish stock each year;
(f)
'quota' means a proportion of the TAC allocated to the Union or a Member State;
(g)
'analytical assessments' means a quantitative evaluation of trends in a given stock, based on data about the stock's biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches.
(h)
'mesh size' means the mesh size of fishing nets as determined in accordance with Commission Regulation (EC) No 517/2008 (20);
(i)
'Union fishing fleet register' means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013;
(j)
'fishing logbook' means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009;
Article 4
Fishing zones
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 (21);
(b)
'Skagerrak' means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;
(c)
'Kattegat' means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;
(d)
'Functional Unit 16 of ICES subarea VII' means the geographical area bounded by rhumb lines sequentially joining the following positions:
—
53° 30′ N 15° 00′ W,
—
53° 30′ N 11° 00′ W,
—
51° 30′ N 11° 00′ W,
—
51° 30′ N 13° 00′ W,
—
51° 00′ N 13° 00′ W,
—
51° 00′ N 15° 00′ W,
—
53° 30′ N 15° 00′ W;
(e)
'Gulf of Cádiz' means the geographical area of ICES division IXa east of longitude 7° 23′ 48″ W;
(f)
CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (22);
(g)
NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council (23);
(h)
'SEAFO (South East Atlantic Fisheries Organisation) Convention Area' is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (24);
(i)
'ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area' is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (25);
(j)
'CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area' is the geographical area defined in point (a) of Article 2 of Regulation (EC) No 601/2004 (26);
(k)
'IATTC (Inter–American Tropical Tuna Commission) Convention Area' is the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica ("the Antigua Convention") (27);
(l)
'IOTC (Indian Ocean Tuna Commission) Convention Area' is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (28);
(m)
'SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area' is the high seas geographical area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (29), and west of the areas of fisheries jurisdictions of South American States;
(n)
'the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area' is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (30);
(o)
'high seas of the Bering Sea' is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.
(p)
'overlap area between IATTC and WCPFC' is the geographical area defined by the following limits:
—
longitude 150° W,
—
longitude 130° W,
—
latitude 4° S,
—
latitude 50° S.
TITLE II
FISHING OPPORTUNITIES FOR UNION VESSELS
CHAPTER I
General provisions
Article 5
TACs and allocations
1. The TACs for Union vessels in Union waters or certain non-Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
2. Union vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 (31) and its implementing provisions.
3. For the purposes of the special condition laid down in Annex IA for the stock of sandeel in Union waters of ICES zones IIa, IIIa and IV, the management areas defined in Annex IID shall apply.
Article 6
TACs to be determined by Member States
1. The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.
2. The TACs to be determined by a Member State shall:
(a)
be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation of the stock; and
(b)
result:
(i)
if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2015 onwards, with as high a probability as possible;
(ii)
if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
3. By 15 March 2014, each Member State concerned shall submit to the Commission the following information:
(a)
the TACs adopted;
(b)
the data collected and assessed by the Member State concerned on which the TACs adopted are based;
(c)
details on how the TACs adopted comply with paragraph 2.
Article 7
Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or
(b)
the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.
Article 8
Fishing effort limits
From 1 February 2014 to 31 January 2015, the following fishing effort measures shall apply:
(a)
Annex IIA for the management of certain cod, sole, and plaice stocks in the Kattegat, the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV and ICES divisions VIa, VIIa and VIId and Union waters of ICES divisions IIa and Vb;
(b)
Annex IIB for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of the Gulf of Cádiz;
(c)
Annex IIC for the management of the sole stock in ICES division VIIe.
Article 9
Catch and effort limits for deep-sea fisheries
1. Article 3(1) of Regulation (EC) No 2347/2002 (32) establishing the requirement of holding a deep-sea fishing permit shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.
2. Member States shall ensure that for 2014 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3(1) of Regulation (EC) No 2347/2002, do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.
Article 10
Special provisions on allocations 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 Regulation (EC) No 1224/2009;
(c)
reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
(d)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(e)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(f)
deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;
(g)
quota transfers and exchanges pursuant to Article 20 of this Regulation.
2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.
Article 11
Closed fishing seasons
1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2014: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and spurdog.
For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:
Point
Latitude
Longitude
52° 27′ N
12° 19′ W
52° 40′ N
12° 30′ W
52° 47′ N
12° 39,600′ W
52° 47′ N
12° 56′ W
52° 13,5′ N
13° 53,830′ W
51° 22′ N
14° 24′ W
51° 22′ N
14° 03′ W
52° 10′ N
13° 25′ W
52° 32′ N
13° 07,500′ W
52° 43′ N
12° 55′ W
52° 43′ N
12° 43′ W
52° 38,800′ N
12° 37′ W
52° 27′ N
12° 23′ W
52° 27′ N
12° 19′ W
By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.
2. Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions IIa, IIIa and ICES subarea IV from 1 January to 31 March 2014 and from 1 August to 31 December 2014.
The prohibition set out in the first subparagraph shall also apply to third-country vessels authorised to fish for sandeel in Union waters of ICES subarea IV unless otherwise specified.
Article 12
Prohibitions
1. It shall be prohibited for Union vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all waters;
(b)
porbeagle (Lamna nasus) in all waters, except where it is otherwise provided in Annex IA;
(c)
angel shark (Squatina squatina) in Union waters;
(d)
common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(e)
undulate ray (Raja undulata) in Union waters of ICES subareas VI, IX and X and white skate (Raja alba) in Union waters of ICES subareas VI, VII, VIII, IX and X;
(f)
guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(g)
giant manta ray (Manta birostris) in all waters.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Article 13
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 Annex I to this Regulation.
CHAPTER II
Additional allocations for vessels participating in trials on fully documented fisheries
Article 14
Additional allocations
1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag and participating in trials on fully documented fisheries. Those stocks are identified in Annex I.
2. The additional allocation referred to in paragraph 1 shall not exceed the overall limit set out in Annex I as a percentage of the quota allocated to that Member State.
Article 15
Conditions for additional allocations
1. The additional allocation referred to in Article 14 shall comply with the following conditions:
(a)
the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "the CCTV system") to record all on board fishing and processing activities;
(b)
the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall not exceed any of the following limits:
(i)
75 % of the discards of the stock, as estimated by the relevant Member State, produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs.
(ii)
30 % of the vessel's individual allocation prior to participating in the trials.
(c)
all catches by the vessel from the stock subject to the additional allocation, including fish that are under minimum landing size as defined in Annex XII of Council Regulation (EC) No 850/98 (33), shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under Article 14.
(d)
once the individual allocation for any stock subject to the additional allocation has been fully utilised by a vessel, the vessel in question must cease all fishing activity in the relevant TAC area.
(e)
in respect of the stocks for which this Article may be used, the Member States may allow transfers of the individual allocation or any part thereof from vessels not participating in trials on fully documented fisheries to vessels participating in those trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.
2. Notwithstanding paragraph 1(b)(i), a Member State may exceptionally grant to a vessel flying its flag an additional allocation exceeding 75 % of the estimated discards of the stock produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs, provided that:
(a)
the rate of stock discards, as estimated for the relevant type of vessel, is less than 10 %;
(b)
the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes;
(c)
an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.
3. Prior to granting the additional allocation referred to in Article 14, a Member State shall submit the following information to the Commission:
(a)
the list of vessels flying its flag and participating in trials on fully documented fisheries;
(b)
the specifications of the remote electronic monitoring equipment installed on board those vessels;
(c)
the capacity, type and specification of gears used by those vessels;
(d)
the estimated discards for each type of vessel participating in the trials;
(e)
the amount of catches of the stock subject to the relevant TAC made in 2013 by the vessels participating in the trials.
Article 16
Processing of personal data
To the extent that the recordings obtained in accordance with Article 15(1)(a) involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.
Article 17
Withdrawal of additional allocations
Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in Article 15, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2014.
Article 18
Scientific review of discard assessments
The Commission may request any Member State that avails itself of this Chapter to submit its assessment of the discards produced per type of vessel to a scientific advisory body for review, in order to monitor the implementation of the requirement set out in Article 15(1)(b)(i). In the absence of an assessment confirming such discards, the Member State concerned shall take any appropriate measure to ensure compliance with that requirement and shall inform the Commission thereof.
CHAPTER III
Fishing authorisations in third-country waters
Article 19
Fishing authorisations
1. The maximum number of fishing authorisations for Union vessels fishing in waters of a third country is set out in Annex III.
2. Where one Member State transfers quota to another Member State ("swap") in the fishing areas set out in Annex III on the basis of Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.
CHAPTER IV
Fishing opportunities in waters of regional fisheries management organisations
Article 20
Quota transfers and exchanges
1. Where, under the rules of a regional fisheries management organisation ("RFMO"), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State ("the Member State concerned") may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.
2. Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the relevant Contracting Party to the RFMO. Thereupon, the Commission shall exchange, without undue delay, the consent to be bound by such quota transfer or exchange with the relevant Contracting Party to the RFMO. The Commission shall then give notification of the agreed quota transfer or exchange to the secretariat of the RFMO in accordance with the rules of that organisation.
3. The Commission shall inform the Member States of the agreed quota transfer or exchange.
4. The fishing opportunities received from or transferred to the relevant Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Section 1
ICCAT Convention Area
Article 21
Fishing, farming and fattening capacity limitations for bluefin tuna
1. The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.
2. The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.
3. The number of Union vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.
4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.
5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.
6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.
Article 22
Recreational and sport fisheries
Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated in Annex ID.
Article 23
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.
2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the Alopias genus.
3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.
4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.
5. Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall be prohibited.
Section 2
CCAMLR Convention Area
Article 24
Prohibitions and catch limitations
1. Direct fishing of the species set out in Part A of Annex V, shall be prohibited in the zones and during the periods set out therein.
2. For exploratory fisheries, the TACs and by-catch limits set out in Part B of Annex V, shall apply in the subareas set out therein.
Article 25
Exploratory fisheries
1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for Dissostichus spp. in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2014. If such a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2014.
2. With regard to FAO subareas 88.1 and 88.2 as well as divisions 58.4.1,58.4.2 and 58.4.3a TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Part B of Annex V. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.
3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 m.
Article 26
Krill fishery during the 2014/2015 fishing season
1. Only those Member States which are members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2014/2015 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify, no later than 1 June 2014, the CCAMLR Secretariat, in accordance with Article 5a of Regulation (EC) No 601/2004, and the Commission, using the format laid down in Part C of Annex V of this Regulation of its intention to fish for krill.
2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3. A Member State intending to fish for krill in the CCAMLR Convention Area shall only notify its intention to do so in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.
4. Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)
full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;
(b)
a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5. Member States shall not authorise a vessel on any CCAMLR illegal, unreported and unregulated (IUU) Vessel List to participate in krill fisheries.
Section 3
IOTC Convention Area
Article 27
Limitation of fishing capacity of vessels fishing in the IOTC Convention Area
1. The maximum number of Union vessels fishing for tropical tunas in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.
2. The maximum number of Union vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.
3. Member States may re-allocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. Furthermore, no vessels featuring on the list of vessels engaged in IUU fishing activities (IUU vessels) of any RFMO may be transferred.
5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in those plans.
Article 28
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited.
2. Retaining on board, transshipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.
3. When accidentally caught, species referred to in paragraph 1 and 2 shall not be harmed. Specimens shall be promptly released.
Section 4
SPRFMO Convention Area
Article 29
Pelagic fisheries - capacity limitation
Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2014 to the total Union level of 78 600 gross tonnage in that area.
Article 30
Pelagic fisheries – TACs
1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009, as specified in Article 29, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.
2. The fishing opportunities set out in Annex IJ may only be fished under the condition that Member States send to the Commission, in order to communicate them to the SPRFMO Secretariat, the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifth day of the following month.
Article 31
Bottom fisheries
Member States with a track record in bottom fishing effort or catch in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their effort or catch to:
(a)
the average level of catches or effort parameters over that period; and
(b)
only those parts of the SPRFMO Convention Area where bottom fisheries have occurred in any previous fishing season.
Section 5
IATTC Convention Area
Article 32
Purse-seine fisheries
1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:
(a)
from 29 July to 28 September 2014 or from 18 November 2014 to 18 January 2015 in the area defined by the following limits:
—
the Pacific coastlines of the Americas,
—
longitude 150° W,
—
latitude 40° N,
—
latitude 40° S;
(b)
from 29 September to 29 October 2014 in the area defined by the following limits:
—
longitude 96° W,
—
longitude 110° W,
—
latitude 4° N,
—
latitude 3° S.
2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2014. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.
3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4. Paragraph 3 shall not apply in the following cases:
(a)
where the fish is considered unfit for human consumption for reasons other than size; or
(b)
during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
5. It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks in that area.
6. When accidentally caught, the species referred to in paragraph 5 shall not be harmed. Specimens shall be promptly released by vessel operators, who shall also:
(a)
record the number of releases with indication of status (dead or alive);
(b)
report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit this information to the Commission by 31 January 2014.
Section 6
SEAFO Convention Area
Article 33
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:
—
skates (Rajidae),
—
spiny dogfish (Squalus acanthias),
—
blurred smooth lanternshark (Etmopterus bigelowi),
—
shorttail lanternshark (Etmopterus brachyurus),
—
great lanternshark (Etmopterus princeps),
—
smooth lanternshark (Etmopterus pusillus),
—
ghost catshark (Apristurus manis),
—
velvet dogfish (Scymnodon squamulosus),
—
deep-sea sharks of the Selachimorpha super-order.
Section 7
WCPFC Convention Area
Article 34
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries
1. Member States shall ensure that the number of fishing days allocated to purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in the high seas and located between 20° N and 20° S does not exceed 403 days.
2. Union vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.
Article 35
Closed area for FAD fishing
1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2014 and 24:00 hours of 31 October 2014. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:
(a)
deploy or service a FAD or associated electronic device;
(b)
fish on schools in association with FADs.
2. All purse- seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.
3. Paragraph 2 shall not apply in the following cases:
(a)
in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;
(b)
where the fish is unfit for human consumption for reasons other than size; or
(c)
when a serious malfunction of freezer equipment occurs.
Article 36
Overlap area between IATTC and WCPFC
1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles 34 to 37 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(p).
2. Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 32(1)(a) and (2) to (6) when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(p).
Article 37
Limitations to the number of Union vessels authorised to fish swordfish
The maximum number of Union vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.
Section 8
Bering Sea
Article 38
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.
TITLE III
FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN UNION WATERS
Article 39
TACs
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Union waters within the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Regulation and Chapter III of Regulation (EC) No 1006/2008.
Article 40
Fishing authorisations
1. The maximum number of fishing authorisations for third-country vessels fishing in Union waters is laid down in Annex VIII.
2. Fish from stocks for which TACs are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.
Article 41
Prohibitions
1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in Union waters;
(b)
angel shark (Squatina squatina) in Union waters;
(c)
common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(d)
undulate ray (Raja undulata) in Union waters of ICES subareas VI, IX and X and white skate (Raja alba) in Union waters of ICES subareas VI, VII, VIII, IX and X;
(e)
porbeagle (Lamna nasus) in Union waters;
(f)
guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(g)
giant manta ray (Manta birostris) in Union waters.
2. When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
TITLE IV
FINAL PROVISIONS
Article 42
Committee procedure
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. 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.
Article 43
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.
However, Article 8 shall apply from 1 February 2014.
The provisions on fishing opportunities set out in Articles 24, 25 and 26 and Annexes IE and V for the CCAMLR Convention Area shall apply from the dates specified therein.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2014.
For the Council
The President
D. KOURKOULAS
(1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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) Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 345, 28.12.2005, p. 5).
(3) Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (OJ L 122, 11.5.2007, p. 7).
(4) Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (OJ L 157, 19.6.2007, p. 1).
(5) Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (OJ L 344, 20.12.2008, p. 6).
(6) Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (OJ L 348, 24.12.2008, p. 20).
(7) Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (OJ L 96, 15.4.2009, p. 1).
(8) Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (OJ L 150, 30.4.2004, p. 1).
(9) Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (OJ L 65, 7.3.2006, p. 1).
(10) 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).
(11) Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (OJ L 214, 19.8.2009, p. 16).
(12) 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).
(13) 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).
(14) Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48)
(15) Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12).
(16) Agreement on fisheries and the marine environment between the European Economic Community and the Republic of Iceland (OJ L 161, 2.7.1993, p. 2).
(17) Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 30.6.2007, p. 4) and Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement (OJ L 293, 23.10.2012, p. 5).
(18) OJ L 6, 10.1.2012, p. 9.
(19) 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).
(20) Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5).
(21) 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).
(22) 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).
(23) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (OJ L 87, 31.3.2009, p. 42).
(24) Concluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002, p. 39).
(25) The Union acceded by Council Decision 86/238/EEC (OJ L 162, 18.6.1986, p. 33).
(26) Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999 (OJ L 97, 1.4.2004, p. 16).
(27) Concluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006, p. 22).
(28) The Union acceded by Council Decision 95/399/EC (OJ L 236, 5.10.1995, p. 24).
(29) Concluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008, p. 27).
(30) The Union acceded by Council Decision 2005/75/EC (OJ L 32, 4.2.2005, p. 1).
(31) Council Regulation (EC) No 1006/2008 of 29 September 2009 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).
(32) 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).
(33) Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).
LIST OF ANNEXES
ANNEX I
:
TACs applicable to Union vessels in areas where TACs exist by species and by area
ANNEX IA
:
Skagerrak, Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, Union waters of CECAF, French Guiana waters
ANNEX IB
:
North East Atlantic and Greenland, ICES subareas I, II, V, XII and XIV and Greenland waters of NAFO 1
ANNEX IC
:
North West Atlantic — NAFO Convention Area
ANNEX ID
:
Highly migratory fish — all areas
ANNEX IE
:
Antarctic — CCAMLR Convention Area
ANNEX IF
:
South-East Atlantic Ocean — SEAFO Convention Area
ANNEX IG
:
Southern bluefin tuna — all areas
ANNEX IH
:
WCPFC Convention Area
ANNEX IJ
:
SPRFMO Convention Area
ANNEX IIA
:
Fishing effort for vessels in the context of the management of certain cod, plaice and sole stocks in ICES divisions IIIa, VIa, VIIa, VIId, ICES subarea IV and Union waters of ICES divisions IIa and Vb
ANNEX IIB
:
Fishing effort for vessels in the context of the recovery of certain Southern hake and Norway lobster stocks in ICES divisions VIIIc and IXa excluding the Gulf of Cádiz
ANNEX IIC
:
Fishing effort for vessels in the context of the management of Western Channel sole stocks in ICES division VIIe
ANNEX IID
:
Management areas for sandeel in ICES divisions IIa, IIIa and ICES subarea IV
ANNEX III
:
Maximum number of fishing authorisations for Union vessels in third-country waters
ANNEX IV
:
ICCAT Convention Area
ANNEX V
:
CCAMLR Convention Area
ANNEX VI
:
IOTC Convention Area
ANNEX VII
:
WCPFC Convention Area
ANNEX VIII
:
Quantitative limitations of fishing authorisations for third-country vessels fishing in Union waters
ANNEX I
TACs APPLICABLE TO UNION VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA
The tables in Annexes IA, IB, IC, ID, IE, IF, IG, IJ set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.
All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 of that Regulation.
The references to fishing zones are references to ICES zones, unless otherwise specified. Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. Only Latin names identify species for regulatory purposes; vernacular names are provided for ease of reference.
For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:
Scientific name
Alpha-3 code
Common name
Amblyraja radiata
RJR
Starry ray
Ammodytes spp.
SAN
Sandeels
Argentina silus
ARU
Greater silver smelt
Beryx spp.
ALF
Alfonsinos
Brosme brosme
USK
Tusk
Caproidae
BOR
Boarfish
Centrophorus squamosus
GUQ
Leafscale gulper shark
Centroscymnus coelolepis
CYO
Portuguese dogfish
Chaceon spp.
GER
Deep sea red crab
Chaenocephalus aceratus
SSI
Blackfin icefish
Champsocephalus gunnari
ANI
Mackerel icefish
Channichthys rhinoceratus
LIC
Unicorn icefish
Chionoecetes spp.
PCR
Snow crab
Clupea harengus
HER
Herring
Coryphaenoides rupestris
RNG
Roundnose grenadier
Dalatias licha
SCK
Kitefin shark
Deania calcea
DCA
Birdbeak dogfish
Dipturus batis (Dipturus cf. flossada and Dipturus cf. intermedia)
RJB
Common skate complex
Dissostichus eleginoides
TOP
Patagonian toothfish
Dissostichus mawsoni
TOA
Antarctic toothfish
Dissostichus spp.
TOT
Toothfish
Engraulis encrasicolus
ANE
Anchovy
Etmopterus princeps
ETR
Great lanternshark
Etmopterus pusillus
ETP
Smooth lanternshark
Euphausia superba
KRI
Krill
Gadus morhua
COD
Cod
Galeorhinus galeus
GAG
Tope shark
Glyptocephalus cynoglossus
WIT
Witch flounder
Gobionotothen gibberifrons
NOG
Humped rockcod
Hippoglossoides platessoides
PLA
American plaice
Hippoglossus hippoglossus
HAL
Atlantic halibut
Hoplostethus atlanticus
ORY
Orange roughy
Illex illecebrosus
SQI
Shortfin squid
Lamna nasus
POR
Porbeagle
Lepidonotothen squamifrons
NOS
Grey rockcod
Lepidorhombus spp.
LEZ
Megrims
Leucoraja naevus
RJN
Cuckoo ray
Limanda ferruginea
YEL
Yellowtail flounder
Limanda limanda
DAB
Common dab
Lophiidae
ANF
Anglerfish
Macrourus spp.
GRV
Grenadiers
Makaira nigricans
BUM
Blue marlin
Mallotus villosus
CAP
Capelin
Manta birostris
RMB
Giant manta ray
Martialia hyadesi
SQS
Squid
Melanogrammus aeglefinus
HAD
Haddock
Merlangius merlangus
WHG
Whiting
Merluccius merluccius
HKE
Hake
Micromesistius poutassou
WHB
Blue whiting
Microstomus kitt
LEM
Lemon sole
Molva dypterygia
BLI
Blue ling
Molva molva
LIN
Ling
Nephrops norvegicus
NEP
Norway lobster
Notothenia rossii
NOR
Marbled rockcod
Pandalus borealis
PRA
Northern prawn
Paralomis spp.
PAI
Crabs
Penaeus spp.
PEN
"Penaeus" shrimps
Platichthys flesus
FLE
European flounder
Pleuronectes platessa
PLE
Plaice
Pleuronectiformes
FLX
Flatfish
Pollachius pollachius
POL
Pollack
Pollachius virens
POK
Saithe
Psetta maxima
TUR
Turbot
Pseudochaenichthys georgianus
SGI
South Georgia icefish
Raja alba
RJA
White skate
Raja brachyura
RJH
Blonde ray
Raja circularis
RJI
Sandy ray
Raja clavata
RJC
Thornback ray
Raja fullonica
RJF
Shagreen ray
Raja (Dipturus) nidarosiensis
JAD
Norwegian skate
Raja microocellata
RJE
Small-eyed ray
Raja montagui
RJM
Spotted ray
Raja undulata
RJU
Undulate ray
Rajiformes
SRX
Skates and rays
Reinhardtius hippoglossoides
GHL
Greenland halibut
Scomber scombrus
MAC
Mackerel
Scophthalmus rhombus
BLL
Brill
Sebastes spp.
RED
Redfish
Solea solea
SOL
Common sole
Solea spp.
SOO
Sole
Sprattus sprattus
SPR
Sprat
Squalus acanthias
DGS
Spurdog/dogfish
Tetrapturus albidus
WHM
White marlin
Thunnus maccoyii
SBF
Southern bluefin tuna
Thunnus obesus
BET
Bigeye tuna
Thunnus thynnus
BFT
Bluefin tuna
Trachurus murphyi
CJM
Jack mackerel
Trachurus spp.
JAX
Horse mackerel
Trisopterus esmarkii
NOP
Norway pout
Urophycis tenuis
HKW
White hake
Xiphias gladius
SWO
Swordfish
The following comparative table of common names and Latin names is provided exclusively for explanatory purposes:
Alfonsinos
ALF
Beryx spp.
American plaice
PLA
Hippoglossoides platessoides
Anchovy
ANE
Engraulis encrasicolus
Anglerfish
ANF
Lophiidae
Antarctic toothfish
TOA
Dissostichus mawsoni
Atlantic halibut
HAL
Hippoglossus hippoglossus
Bigeye tuna
BET
Thunnus obesus
Birdbeak dogfish
DCA
Deania calcea
Blackfin icefish
SSI
Chaenocephalus aceratus
Blonde ray
RJH
Raja brachyura
Blue ling
BLI
Molva dypterygia
Blue marlin
BUM
Makaira nigricans
Blue whiting
WHB
Micromesistius poutassou
Bluefin tuna
BFT
Thunnus thynnus
Boarfish
BOR
Caproidae
Brill
BLL
Scophthalmus rhombus
Capelin
CAP
Mallotus villosus
Cod
COD
Gadus morhua
Common dab
DAB
Limanda limanda
Common skate complex
RJB
Dipturus batis (Dipturus cf. flossada and Dipturus cf. intermedia)
Common sole
SOL
Solea solea
Crabs
PAI
Paralomis spp.
Cuckoo ray
RJN
Leucoraja naevus
Deep sea red crab
GER
Chaceon spp.
European flounder
FLE
Platichthys flesus
Flatfish
FLX
Pleuronectiformes
Giant manta ray
RMB
Manta birostris
Great lanternshark
ETR
Etmopterus princeps
Greater silver smelt
ARU
Argentina silus
Greenland halibut
GHL
Reinhardtius hippoglossoides
Grenadiers
GRV
Macrourus spp.
Grey rockcod
NOS
Lepidonotothen squamifrons
Haddock
HAD
Melanogrammus aeglefinus
Hake
HKE
Merluccius merluccius
Herring
HER
Clupea harengus
Horse mackerel
JAX
Trachurus spp.
Humped rockcod
NOG
Gobionotothen gibberifrons
Jack mackerel
CJM
Trachurus murphyi
Kitefin shark
SCK
Dalatias licha
Krill
KRI
Euphausia superba
Leafscale gulper shark
GUQ
Centrophorus squamosus
Lemon sole
LEM
Microstomus kitt
Ling
LIN
Molva molva
Mackerel
MAC
Scomber scombrus
Mackerel icefish
ANI
Champsocephalus gunnari
Marbled rockcod
NOR
Notothenia rossii
Megrims
LEZ
Lepidorhombus spp.
Northern prawn
PRA
Pandalus borealis
Norway lobster
NEP
Nephrops norvegicus
Norway pout
NOP
Trisopterus esmarkii
Norwegian skate
JAD
Raja (Dipturus) nidarosiensis
Orange roughy
ORY
Hoplostethus atlanticus
Patagonian toothfish
TOP
Dissostichus eleginoides
"Penaeus" shrimps
PEN
Penaeus spp.
Plaice
PLE
Pleuronectes platessa
Pollack
POL
Pollachius pollachius
Porbeagle
POR
Lamna nasus
Portuguese dogfish
CYO
Centroscymnus coelolepis
Redfish
RED
Sebastes spp.
Roundnose grenadier
RNG
Coryphaenoides rupestris
Saithe
POK
Pollachius virens
Sandeels
SAN
Ammodytes spp.
Sandy ray
RJI
Raja circularis
Shagreen ray
RJF
Raja fullonica
Shortfin squid
SQI
Illex illecebrosus
Skates and rays
SRX
Rajiformes
Small-eyed ray
RJE
Raja microocellata
Smooth lanternshark
ETP
Etmopterus pusillus
Snow crab
PCR
Chionoecetes spp.
Sole
SOO
Solea spp.
South Georgia icefish
SGI
Pseudochaenichthys georgianus
Southern bluefin tuna
SBF
Thunnus maccoyii
Spotted ray
RJM
Raja montagui
Sprat
SPR
Sprattus sprattus
Spurdog/dogfish
DGS
Squalus acanthias
Squid
SQS
Martialia hyadesi
Starry ray
RJR
Amblyraja radiata
Swordfish
SWO
Xiphias gladius
Thornback ray
RJC
Raja clavata
Toothfish
TOT
Dissostichus spp.
Tope shark
GAG
Galeorhinus galeus
Turbot
TUR
Psetta maxima
Tusk
USK
Brosme brosme
Undulate ray
RJU
Raja undulata
Unicorn icefish
LIC
Channichthys rhinoceratus
White hake
HKW
Urophycis tenuis
White marlin
WHM
Tetrapturus albidus
White skate
RJA
Raja alba
Whiting
WHG
Merlangius merlangus
Witch flounder
WIT
Glyptocephalus cynoglossus
Yellowtail flounder
YEL
Limanda ferruginea
ANNEX IA
SKAGERRAK, KATTEGAT, ICES SUBAREAS I, II, III, IV, V, VI, VII, VIII, IX, X, XII AND XIV, UNION WATERS OF CECAF, FRENCH GUIANA WATERS
Species
:
Sandeel
Ammodytes spp.
Zone
:
Norwegian waters of IV
(SAN/04-N.)
Denmark
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
Union
TAC
Not relevant
Species
:
Sandeel
Ammodytes spp.
Zone
:
Union waters of IIa, IIIa and IV (1)
Denmark
0 (2)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
0 (2)
Germany
0 (2)
Sweden
0 (2)
Union
TAC
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following sandeel management areas, as defined in Annex IID:
Zone
:
Union waters of sandeel management areas
(SAN/234_1)
(SAN/234_2)
(SAN/234_3)
(SAN/234_4)
(SAN/234_5)
(SAN/234_6)
(SAN/234_7)
Denmark
United Kingdom
Germany
Sweden
Union
Total
Species
:
Greater silver smelt
Argentina silus
Zone
:
Union and international waters of I and II
(ARU/1/2.)
Germany
Analytical TAC
France
The Netherlands
United Kingdom
Union
TAC
Species
:
Greater silver smelt
Argentina silus
Zone
:
Union waters of III and IV
(ARU/34-C)
Denmark
Analytical TAC
Germany
France
Ireland
The Netherlands
Sweden
United Kingdom
Union
1 028
TAC
1 028
Species
:
Greater silver smelt
Argentina silus
Zone
:
Union and international waters of V, VI and VII
(ARU/567.)
Germany
Analytical TAC
France
Ireland
The Netherlands
3 434
United Kingdom
Union
4 316
TAC
4 316
Species
:
Tusk
Brosme brosme
Zone
:
Union and international waters of I, II and XIV
(USK/1214EI)
Germany
6 (3)
Analytical TAC
France
6 (3)
United Kingdom
6 (3)
Others
3 (3)
Union
21 (3)
TAC
Species
:
Tusk
Brosme brosme
Zone
:
IIIa; Union waters of Subdivisions 22-32
(USK/3A/BCD)
Denmark
Analytical TAC
Sweden
Germany
Union
TAC
Species
:
Tusk
Brosme brosme
Zone
:
Union waters of IV
(USK/04-C.)
Denmark
Analytical TAC
Germany
France
Sweden
United Kingdom
Others
6 (4)
Union
TAC
Species
:
Tusk
Brosme brosme
Zone
:
Union and international waters of V, VI and VII
(USK/567EI.)
Germany
8 (6)
Analytical TAC
Article 11 of this Regulation applies
Spain
26 (6)
France
312 (6)
Ireland
30 (6)
United Kingdom
151 (6)
Others
8 (5) (6)
Union
535 (6)
TAC
3 860
Species
:
Tusk
Brosme brosme
Zone
:
Norwegian waters of IV
(USK/04-N.)
Belgium
0 (7)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
0 (7)
Germany
0 (7)
France
0 (7)
The Netherlands
0 (7)
United Kingdom
0 (7)
Union
0 (7)
TAC
Not relevant
Species
:
Boarfish
Caproidae
Zone
:
Union and international waters of VI, VII and VIII
(BOR/678-)
Denmark
31 291
Precautionary TAC
Ireland
88 115
United Kingdom
8 103
Union
127 509
TAC
127 509
Species
:
Herring (8)
Clupea harengus
Zone
:
IIIa
(HER/03A.)
Denmark
9 986 (9) (10)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
160 (9) (10)
Sweden
10 446 (9) (10)
Union
20 592 (9) (10)
TAC
Not established
Species
:
Herring (11)
Clupea harengus
Zone
:
Union and Norwegian waters of IV north of 53° 30′ N
(HER/4AB.)
Denmark
48 390 (12)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
32 639 (12)
France
18 768 (12)
The Netherlands
45 647 (12)
Sweden
3 347 (12)
United Kingdom
48 609 (12)
Union
197 400 (12)
TAC
Not established
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters south of 62° N
(HER/*04N-) ()
Union
() Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/*4AN.) and IVb (HER/*4BN.).
Species
:
Herring (14)
Clupea harengus
Zone
:
Norwegian waters south of 62° N
(HER/04-N.)
Sweden
0 (14) (15)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Union
0 (15)
TAC
Not established
Species
:
Herring (16)
Clupea harengus
Zone
:
IIIa
(HER/03A-BC)
Denmark
4 009 (17)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
36 (17)
Sweden
645 (17)
Union
4 690 (17)
TAC
Not established
Species
:
Herring (18)
Clupea harengus
Zone
:
IV, VIId and Union waters of IIa
(HER/2A47DX)
Belgium
43 (19)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
8 309 (19)
Germany
43 (19)
France
43 (19)
The Netherlands
43 (19)
Sweden
41 (19)
United Kingdom
158 (19)
Union
8 680 (19)
TAC
Not established
Species
:
Herring (20)
Clupea harengus
Zone
:
IVc, VIId (21)
(HER/4CXB7D)
Belgium
8 158 (22) (23)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
620 (22) (23)
Germany
418 (22) (23)
France
8 687 (22) (23)
The Netherlands
15 026 (22) (23)
United Kingdom
3 281 (22) (23)
Union
36 190 (23)
TAC
Not established
Species
:
Herring
Clupea harengus
Zone
:
Union and international waters of Vb, VIb and VIaN (24)
(HER/5B6ANB)
Germany
3 137 (25)
Analytical TAC
France
594 (25)
Ireland
4 240 (25)
The Netherlands
3 137 (25)
United Kingdom
16 959 (25)
Union
28 067 (25)
TAC
28 067
Species
:
Herring
Clupea harengus
Zone
:
VIaS (26), VIIb, VIIc
(HER/6AS7BC)
Ireland
3 342
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
The Netherlands
Union
3 676
TAC
3 676
Species
:
Herring
Clupea harengus
Zone
:
VI Clyde (27)
(HER/06ACL.)
United Kingdom
To be established (28)
Precautionary TAC
Union
To be established (29)
TAC
To be established (29)
Species
:
Herring
Clupea harengus
Zone
:
VIIa (30)
(HER/07/MM)
Ireland
1 367
Analytical TAC
United Kingdom
3 884
Union
5 251
TAC
5 251
Species
:
Herring
Clupea harengus
Zone
:
VIIe and VIIf
(HER/7EF.)
France
Precautionary TAC
United Kingdom
Union
TAC
Species
:
Herring
Clupea harengus
Zone
:
VIIg (31), VIIh (31), VIIj (31) and VIIk (31)
(HER/7G-K.)
Germany
Analytical TAC
France
1 380
Ireland
19 324
The Netherlands
1 380
United Kingdom
Union
22 360
TAC
22 360
Species
:
Anchovy
Engraulis encrasicolus
Zone
:
IX and X; Union waters of CECAF 34.1.1
(ANE/9/3411)
Spain
4 198
Precautionary TAC
Portugal
4 580
Union
8 778
TAC
8 778
Species
:
Cod
Gadus morhua
Zone
:
Skagerrak
(COD/03AN.)
Belgium
7 (32) (33)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
2 118 (32) (33)
Germany
53 (32) (33)
The Netherlands
13 (32) (33)
Sweden
371 (32) (33)
Union
2 562 (33)
TAC
Not established
Species
:
Cod
Gadus morhua
Zone
:
Kattegat
(COD/03AS.)
Denmark
62 (34)
Analytical TAC
Germany
1 (34)
Sweden
37 (34)
Union
100 (34)
TAC
100 (34)
Species
:
Cod
Gadus morhua
Zone
:
IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat
(COD/2A3AX4)
Belgium
548 (35) (36)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
3 146 (35) (36)
Germany
1 995 (35) (36)
France
676 (35) (36)
The Netherlands
1 778 (35) (36)
Sweden
21 (35) (36)
United Kingdom
7 218 (35) (36)
Union
15 382 (36)
TAC
Not established
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters of IV
(COD/*04N-)
Union
Species
:
Cod
Gadus morhua
Zone
:
Norwegian waters south of 62° N
(COD/04-N.)
Sweden
0 (37) (38)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Union
0 (38)
TAC
Not relevant
Species
:
Cod
Gadus morhua
Zone
:
VIb; Union and international waters of Vb west of 12° 00′ W and of XII and XIV
(COD/5W6-14)
Belgium
Precautionary TAC
Germany
France
Ireland
United Kingdom
Union
TAC
Species
:
Cod
Gadus morhua
Zone
:
VIa; Union and international waters of Vb east of 12° 00′ W
(COD/5BE6A)
Belgium
Analytical TAC
Germany
France
Ireland
United Kingdom
Union
TAC
0 (39)
Species
:
Cod
Gadus morhua
Zone
:
VIIa
(COD/07A.)
Belgium
Analytical TAC
France
Ireland
The Netherlands
United Kingdom
Union
TAC
Species
:
Cod
Gadus morhua
Zone
:
VIIb, VIIc, VIIe-k, VIII, IX and X; Union waters of CECAF 34.1.1
(COD/7XAD34)
Belgium
Analytical TAC
Article 11 of this Regulation applies
France
4 977
Ireland
1 030
The Netherlands
United Kingdom
Union
6 848
TAC
6 848
Species
:
Cod
Gadus morhua
Zone
:
VIId
(COD/07D.)
Belgium
46 (40) (41)
Analytical TAC
France
907 (40) (41)
The Netherlands
27 (40) (41)
United Kingdom
100 (40) (41)
Union
1 080 (41)
TAC
Not established
Species
:
Porbeagle
Lamna nasus
Zone
:
French Guiana waters, Kattegat; Union waters of Skagerrak, I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV; Union waters of CECAF 34.1.1, 34.1.2 and 34.2
(POR/3-1234)
Denmark
0 (42)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (42)
Germany
0 (42)
Ireland
0 (42)
Spain
0 (42)
United Kingdom
0 (42)
Union
0 (42)
TAC
0 (42)
Species
:
Megrims
Lepidorhombus spp.
Zone
:
Union waters of IIa and IV
(LEZ/2AC4-C)
Belgium
Analytical TAC
Denmark
Germany
France
The Netherlands
United Kingdom
2 006
Union
2 083
TAC
2 083
Species
:
Megrims
Lepidorhombus spp.
Zone
:
Union and international waters of Vb; VI; international waters of XII and XIV
(LEZ/56-14)
Spain
Analytical TAC
France
1 805
Ireland
United Kingdom
1 278
Union
4 074
TAC
4 074
Species
:
Megrims
Lepidorhombus spp.
Zone
:
VII
(LEZ/07.)
Belgium
470 (43)
Analytical TAC
Article 11 of this Regulation applies
Spain
5 216 (43)
France
6 329 (43)
Ireland
2 878 (43)
United Kingdom
2 492 (43)
Union
17 385
TAC
17 385
Species
:
Megrims
Lepidorhombus spp.
Zone
:
VIIIa, VIIIb, VIIId and VIIIe
(LEZ/8ABDE.)
Spain
Analytical TAC
France
Union
1 716
TAC
1 716
Species
:
Megrims
Lepidorhombus spp.
Zone
:
VIIIc, IX and X; Union waters of CECAF 34.1.1
(LEZ/8C3411)
Spain
2 084
Analytical TAC
France
Portugal
Union
2 257
TAC
2 257
Species
:
Common dab and European flounder
Limanda limanda and Platichthys flesus
Zone
:
Union waters of IIa and IV
(DAB/2AC4-C) for common dab;
(FLE/2AC4-C) for European flounder
Belgium
Precautionary TAC
Denmark
1 888
Germany
2 832
France
The Netherlands
11 421
Sweden
United Kingdom
1 588
Union
18 434
TAC
18 434
Species
:
Anglerfish
Lophiidae
Zone
:
Union waters of IIa and IV
(ANF/2AC4-C)
Belgium
277 (44)
Analytical TAC
Denmark
610 (44)
Germany
298 (44)
France
57 (44)
The Netherlands
209 (44)
Sweden
7 (44)
United Kingdom
6 375 (44)
Union
7 833 (44)
TAC
7 833
Species
:
Anglerfish
Lophiidae
Zone
:
Norwegian waters of IV
(ANF/04-N.)
Belgium
0 (45)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
0 (45)
Germany
0 (45)
The Netherlands
0 (45)
United Kingdom
0 (45)
Union
0 (45)
TAC
Not relevant
Species
:
Anglerfish
Lophiidae
Zone
:
VI; Union and international waters of Vb; international waters of XII and XIV
(ANF/56-14)
Belgium
Precautionary TAC
Germany
Spain
France
1 961
Ireland
The Netherlands
United Kingdom
1 364
Union
4 432
TAC
4 432
Species
:
Anglerfish
Lophiidae
Zone
:
VII
(ANF/07.)
Belgium
3 097 (46) (47)
Analytical TAC
Article 11 of this Regulation applies
Germany
345 (46) (47)
Spain
1 231 (46) (47)
France
19 875 (46) (47)
Ireland
2 540 (46) (47)
The Netherlands
401 (46) (47)
United Kingdom
6 027 (46) (47)
Union
33 516 (46)
TAC
33 516 (46)
Species
:
Anglerfish
Lophiidae
Zone
:
VIIIa, VIIIb, VIIId and VIIIe
(ANF/8ABDE.)
Spain
1 368
Analytical TAC
France
7 612
Union
8 980
TAC
8 980
Species
:
Anglerfish
Lophiidae
Zone
:
VIIIc, IX and X; Union waters of CECAF 34.1.1
(ANF/8C3411)
Spain
2 191
Analytical TAC
France
Portugal
Union
2 629
TAC
2 629
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
IIIa, Union waters of Subdivisions 22-32
(HAD/3A/BCD)
Belgium
8 (48)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
1 328 (48)
Germany
84 (48)
The Netherlands
2 (48)
Sweden
157 (48)
Union
1 579 (48)
TAC
Not established
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
IV; Union waters of IIa
(HAD/2AC4.)
Belgium
153 (49)
Analytical TAC
Denmark
1 053 (49)
Germany
670 (49)
France
1 168 (49)
The Netherlands
115 (49)
Sweden
106 (49)
United Kingdom
17 370 (49)
Union
20 635 (49)
TAC
Not established
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
Norwegian waters of IV
(HAD/*04N-)
Union
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
Norwegian waters south of 62° N
(HAD/04-N.)
Sweden
0 (50) (51)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Union
0 (51)
TAC
Not relevant
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
Union and international waters of VIb, XII and XIV
(HAD/6B1214)
Belgium
Analytical TAC
Germany
France
Ireland
United Kingdom
Union
1 210
TAC
1 210
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
Union and international waters of Vb and VIa
(HAD/5BC6A.)
Belgium
Analytical TAC
Germany
France
Ireland
United Kingdom
3 106
Union
3 988
TAC
3 988
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1
(HAD/7X7A34)
Belgium
105 (52)
Analytical TAC
Article 11 of this Regulation applies
France
6 320 (52)
Ireland
2 106 (52)
United Kingdom
948 (52)
Union
9 479 (52)
TAC
9 479
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
VIIa
(HAD/07A.)
Belgium
Analytical TAC
France
Ireland
United Kingdom
Union
1 181
TAC
1 181
Species
:
Whiting
Merlangius merlangus
Zone
:
IIIa
(WHG/03A.)
Denmark
650 (53)
Precautionary TAC
The Netherlands
2 (53)
Sweden
70 (53)
Union
722 (53)
TAC
Not established
Species
:
Whiting
Merlangius merlangus
Zone
:
IV; Union waters of IIa
(WHG/2AC4.)
Belgium
220 (54)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
950 (54)
Germany
247 (54)
France
1 427 (54)
The Netherlands
549 (54)
Sweden
2 (54)
United Kingdom
6 866 (54)
Union
10 261 (54)
TAC
Not established
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
Norwegian waters of IV
(WHG/*04N-)
Union
Species
:
Whiting
Merlangius merlangus
Zone
:
VI; Union and international waters of Vb; international waters of XII and XIV
(WHG/56-14)
Germany
Analytical TAC
France
Ireland
United Kingdom
Union
TAC
Species
:
Whiting
Merlangius merlangus
Zone
:
VIIa
(WHG/07A.)
Belgium
Analytical TAC
France
Ireland
The Netherlands
United Kingdom
Union
TAC
Species
:
Whiting
Merlangius merlangus
Zone
:
VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk
(WHG/7X7A-C)
Belgium
187 (55)
Analytical TAC
Article 11 of this Regulation applies
France
11 498 (55)
Ireland
5 328 (55)
The Netherlands
93 (55)
United Kingdom
2 056 (55)
Union
19 162 (55)
TAC
19 162
Species
:
Whiting
Merlangius merlangus
Zone
:
VIII
(WHG/08.)
Spain
1 270
Precautionary TAC
France
1 905
Union
3 175
TAC
3 175
Species
:
Whiting
Merlangius merlangus
Zone
:
IX and X; Union waters of CECAF 34.1.1
(WHG/9/3411)
Portugal
To be established (56)
Precautionary TAC
Union
To be established (57)
TAC
To be established (57)
Species
:
Whiting and pollack
Merlangius merlangus and Pollachius pollachius
Zone
:
Norwegian waters south of 62° N
(WHG/04-N.) for whiting;
(POL/04-N.) for pollack
Sweden
0 (58) (59)
Precautionary TAC
Union
0 (59)
TAC
Not relevant
Species
:
Hake
Merluccius merluccius
Zone
:
IIIa; Union waters of Subdivisions 22-32
(HKE/3A/BCD)
Denmark
2 273 (61)
Analytical TAC
Sweden
193 (61)
Union
2 466
TAC
2 466 (60)
Species
:
Hake
Merluccius merluccius
Zone
:
Union waters of IIa and IV
(HKE/2AC4-C)
Belgium
Analytical TAC
Denmark
1 661
Germany
France
The Netherlands
United Kingdom
Union
2 874
TAC
2 874 (62)
Species
:
Hake
Merluccius merluccius
Zone
:
VI and VII; Union and international waters of Vb; international waters of XII and XIV
(HKE/571214)
Belgium
422 (63) (65)
Analytical TAC
Article 11 of this Regulation applies
Spain
13 529 (65)
France
20 893 (63) (65)
Ireland
2 532 (65)
The Netherlands
272 (63) (65)
United Kingdom
8 248 (63) (65)
Union
45 896
TAC
45 896 (64)
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
VIIIa, VIIIb, VIIId and VIIIe
(HKE/*8ABDE)
Belgium
Spain
2 181
France
2 181
Ireland
The Netherlands
United Kingdom
1 228
Union
5 947
Species
:
Hake
Merluccius merluccius
Zone
:
VIIIa, VIIIb, VIIId and VIIIe
(HKE/8ABDE.)
Belgium
14 (66)
Analytical TAC
Spain
9 418
France
21 151
The Netherlands
27 (66)
Union
30 610
TAC
30 610 (67)
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
VI and VII; Union and international waters of Vb; international waters of XII and XIV
(HKE/*57-14)
Belgium
Spain
2 728
France
4 911
The Netherlands
Union
7 650
Species
:
Hake
Merluccius merluccius
Zone
:
VIIIc, IX and X; Union waters of CECAF 34.1.1
(HKE/8C3411)
Spain
10 409
Analytical TAC
France
Portugal
4 858
Union
16 266
TAC
16 266
Species
:
Blue whiting
Micromesistius poutassou
Zone
:
Norwegian waters of II and IV
(WHB/24-N.)
Denmark
0 (68)
Analytical TAC
United Kingdom
0 (68)
Union
0 (68)
TAC
Not established
Species
:
Blue whiting
Micromesistius poutassou
Zone
:
Union and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV
(WHB/1X14)
Denmark
24 069 (69)
Analytical TAC
Germany
9 358 (69)
Spain
20 405 (69) (70)
France
16 750 (69)
Ireland
18 639 (69)
The Netherlands
29 350 (69)
Portugal
1 896 (69) (70)
Sweden
5 954 (69)
United Kingdom
31 232 (69)
Union
157 653 (69)
TAC
Not established
Species
:
Blue whiting
Micromesistius poutassou
Zone
:
VIIIc, IX and X; Union waters of CECAF 34.1.1
(WHB/8C3411)
Spain
19 500 (71)
Analytical TAC
Portugal
4 875 (71)
Union
24 375 (71)
TAC
Not established
Species
:
Blue whiting
Micromesistius poutassou
Zone
:
Union waters of II, IVa, V, VI north of 56° 30′ N and VII west of 12° W
(WHB/24A567)
Norway
Analytical TAC
TAC
Not established
Species
:
Lemon sole and witch flounder
Microstomus kitt and Glyptocephalus cynoglossus
Zone
:
Union waters of IIa and IV
(LEM/2AC4-C) for lemon sole;
(WIT/2AC4-C) for witch flounder
Belgium
Precautionary TAC
Denmark
Germany
France
The Netherlands
Sweden
United Kingdom
3 904
Union
6 391
TAC
6 391
Species
:
Blue ling
Molva dypterygia
Zone
:
Union and international waters of Vb, VI, VII
(BLI/5B67-)
Germany
23 (73)
Analytical TAC
Article 11 of this Regulation applies
Estonia
4 (73)
Spain
73 (73)
France
1 671 (73)
Ireland
6 (73)
Lithuania
1 (73)
Poland
1 (73)
United Kingdom
425 (73)
Others
6 (72) (73)
Union
2 210 (73)
TAC
2 540
Species
:
Blue ling
Molva dypterygia
Zone
:
International waters of XII
(BLI/12INT-)
Estonia
2 (74)
Precautionary TAC
Spain
665 (74)
France
16 (74)
Lithuania
6 (74)
United Kingdom
6 (74)
Others
2 (74)
Union
697 (74)
TAC
697 (74)
Species
:
Blue ling
Molva dypterygia
Zone
:
Union and international waters of II and IV
(BLI/24-)
Denmark
Precautionary TAC
Germany
Ireland
France
United Kingdom
Others
4 (75)
Union
TAC
Species
:
Blue ling
Molva dypterygia
Zone
:
Union and international waters of III
(BLI/03-)
Denmark
Precautionary TAC
Germany
Sweden
Union
TAC
Species
:
Ling
Molva molva
Zone
:
Union and international waters of I and II
(LIN/1/2.)
Denmark
Analytical TAC
Germany
France
United Kingdom
Others
4 (76)
Union
TAC
Species
:
Ling
Molva molva
Zone
:
IIIa; Union waters of IIIbcd
(LIN/3A/BCD)
Belgium
6 (77)
Analytical TAC
Denmark
Germany
6 (77)
Sweden
United Kingdom
6 (77)
Union
TAC
Species
:
Ling
Molva molva
Zone
:
Union waters of IV
(LIN/04-C.)
Belgium
Analytical TAC
Denmark
Germany
France
The Netherlands
Sweden
United Kingdom
1 496
Union
1 942
TAC
1 942
Species
:
Ling
Molva molva
Zone
:
Union and international waters of V
(LIN/05EI.)
Belgium
Precautionary TAC
Denmark
Germany
France
United Kingdom
Union
TAC
Species
:
Ling
Molva molva
Zone
:
Union and international waters of VI, VII, VIII, IX, X, XII and XIV
(LIN/6X14.)
Belgium
27 (78)
Analytical TAC
Article 11 of this Regulation applies
Denmark
5 (78)
Germany
100 (78)
Spain
2 012 (78)
France
2 145 (78)
Ireland
538 (78)
Portugal
5 (78)
United Kingdom
2 468 (78)
Union
7 300 (78)
TAC
14 164
Species
:
Ling
Molva molva
Zone
:
Norwegian waters of IV
(LIN/04-N.)
Belgium
0 (79)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
0 (79)
Germany
0 (79)
France
0 (79)
The Netherlands
0 (79)
United Kingdom
0 (79)
Union
0 (79)
TAC
Not relevant
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
IIIa; Union waters of Subdivisions 22-32
(NEP/3A/BCD)
Denmark
3 688
Analytical TAC
Germany
Sweden
1 320
Union
5 019
TAC
5 019
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
Union waters of IIa and IV
(NEP/2AC4-C)
Belgium
Analytical TAC
Denmark
Germany
France
The Netherlands
United Kingdom
13 424
Union
15 499
TAC
15 499
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
Norwegian waters of IV
(NEP/04-N.)
Denmark
0 (80)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
0 (80)
United Kingdom
0 (80)
Union
0 (80)
TAC
Not relevant
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
VI; Union and international waters of Vb
(NEP/5BC6.)
Spain
Analytical TAC
France
Ireland
United Kingdom
14 925
Union
15 287
TAC
15 287
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
VII
(NEP/07.)
Spain
1 259
Analytical TAC
Article11 of this Regulation applies
France
5 104
Ireland
7 741
United Kingdom
6 885
Union
20 989
TAC
20 989
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Functional Unit 16 of ICES Subarea VII
(NEP/*07U16)
Spain
France
Ireland
United Kingdom
Union
1 848
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
VIIIa, VIIIb, VIIId and VIIIe
(NEP/8ABDE.)
Spain
Analytical TAC
France
3 665
Union
3 899
TAC
3 899
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
VIIIc
(NEP/08C.)
Spain
Analytical TAC
France
Union
TAC
Species
:
Norway lobster
Nephrops norvegicus
Zone
:
IX and X; Union waters of CECAF 34.1.1
(NEP/9/3411)
Spain
Analytical TAC
Portugal
Union
TAC
Species
:
Northern prawn
Pandalus borealis
Zone
:
IIIa
(PRA/03A.)
Denmark
1 318 (81)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Sweden
710 (81)
Union
2 028 (81)
TAC
Not established
Species
:
Northern prawn
Pandalus borealis
Zone
:
Union waters of IIa and IV
(PRA/2AC4-C)
Denmark
1 818
Analytical TAC
The Netherlands
Sweden
United Kingdom
Union
2 446
TAC
2 446
Species
:
Northern prawn
Pandalus borealis
Zone
:
Norwegian waters south of 62° N
(PRA/04-N.)
Denmark
0 (83)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Sweden
0 (82) (83)
Union
0 (83)
TAC
Not relevant
Species
:
"Penaeus" shrimps
Penaeus spp.
Zone
:
French Guiana waters
(PEN/FGU.)
France
To be established (84) (85)
Precautionary TAC
Union
To be established (85) (86)
TAC
To be established (85) (86)
Species
:
Plaice
Pleuronectes platessa
Zone
:
Skagerrak
(PLE/03AN.)
Belgium
43 (87)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
5 555 (87)
Germany
29 (87)
The Netherlands
1 069 (87)
Sweden
298 (87)
Union
6 994 (87)
TAC
Not established
Species
:
Plaice
Pleuronectes platessa
Zone
:
Kattegat
(PLE/03AS.)
Denmark
1 922
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
Sweden
Union
2 160
TAC
2 160
Species
:
Plaice
Pleuronectes platessa
Zone
:
IV; Union waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat
(PLE/2A3AX4)
Belgium
4 472 (88)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
14 534 (88)
Germany
4 193 (88)
France
839 (88)
The Netherlands
27 950 (88)
United Kingdom
20 683 (88)
Union
72 671 (88)
TAC
Not established
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters of IV
(PLE/*04N-)
Union
Species
:
Plaice
Pleuronectes platessa
Zone
:
VI; Union and international waters of Vb; international waters of XII and XIV
(PLE/56-14)
France
Precautionary TAC
Ireland
United Kingdom
Union
TAC
Species
:
Plaice
Pleuronectes platessa
Zone
:
VIIa
(PLE/07A.)
Belgium
Analytical TAC
France
Ireland
The Netherlands
United Kingdom
Union
1 220
TAC
1 220
Species
:
Plaice
Pleuronectes platessa
Zone
:
VIIb and VIIc
(PLE/7BC.)
France
Precautionary TAC
Article 11 of this Regulation applies
Ireland
Union
TAC
Species
:
Plaice
Pleuronectes platessa
Zone
:
VIId and VIIe
(PLE/7DE.)
Belgium
871 (89)
Analytical TAC
France
2 903 (89)
United Kingdom
1 548
Union
5 322
TAC
5 322
Species
:
Plaice
Pleuronectes platessa
Zone
:
VIIf and VIIg
(PLE/7FG.)
Belgium
Analytical TAC
France
Ireland
United Kingdom
Union
TAC
Species
:
Plaice
Pleuronectes platessa
Zone
:
VIIh, VIIj and VIIk
(PLE/7HJK.)
Belgium
Analytical TAC
Article 11 of this Regulation applies
France
Ireland
The Netherlands
United Kingdom
Union
TAC
Species
:
Plaice
Pleuronectes platessa
Zone
:
VIII, IX and X; Union waters of CECAF 34.1.1
(PLE/8/3411)
Spain
Precautionary TAC
France
Portugal
Union
TAC
Species
:
Pollack
Pollachius pollachius
Zone
:
VI; Union and international waters of Vb; international waters of XII and XIV
(POL/56-14)
Spain
Precautionary TAC
France
Ireland
United Kingdom
Union
TAC
Species
:
Pollack
Pollachius pollachius
Zone
:
VII
(POL/07.)
Belgium
420 (90)
Precautionary TAC
Article 11 of this Regulation applies
Spain
25 (90)
France
9 667 (90)
Ireland
1 030 (90)
United Kingdom
2 353 (90)
Union
13 495 (90)
TAC
13 495
Species
:
Pollack
Pollachius pollachius
Zone
:
VIIIa, VIIIb, VIIId and VIIIe
(POL/8ABDE.)
Spain
Precautionary TAC
France
1 230
Union
1 482
TAC
1 482
Species
:
Pollack
Pollachius pollachius
Zone
:
VIIIc
(POL/08C.)
Spain
Precautionary TAC
France
Union
TAC
Species
:
Pollack
Pollachius pollachius
Zone
:
IX and X; Union waters of CECAF 34.1.1
(POL/9/3411)
Spain
273 (91)
Precautionary TAC
Portugal
9 (91)
Union
282 (91)
TAC
Species
:
Saithe
Pollachius virens
Zone
:
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
(POK/2A34.)
Belgium
19 (92)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
2 251 (92)
Germany
5 684 (92)
France
13 375 (92)
The Netherlands
57 (92)
Sweden
309 (92)
United Kingdom
4 358 (92)
Union
26 053 (92)
TAC
Not established
Species
:
Saithe
Pollachius virens
Zone
:
VI; Union and international waters of Vb, XII and XIV
(POK/56-14)
Germany
210 (93)
Analytical TAC
France
2 082 (93)
Ireland
380 (93)
United Kingdom
2 959 (93)
Union
5 631 (93)
TAC
Not established
Species
:
Saithe
Pollachius virens
Zone
:
Norwegian waters south of 62° N
(POK/04-N.)
Sweden
0 (94) (95)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Union
0 (95)
TAC
Not relevant
Species
:
Saithe
Pollachius virens
Zone
:
VII, VIII, IX and X; Union waters of CECAF 34.1.1
(POK/7/3411)
Belgium
Precautionary TAC
Article 11 of this Regulation applies
France
1 245
Ireland
1 491
United Kingdom
Union
3 176
TAC
3 176
Species
:
Turbot and brill
Psetta maxima and Scopthalmus rhombus
Zone
:
Union waters of IIa and IV
(TUR/2AC4-C) for turbot;
(BLL/2AC4-C) for brill
Belgium
Precautionary TAC
Denmark
Germany
France
The Netherlands
2 579
Sweden
United Kingdom
Union
4 642
TAC
4 642
Species
:
Skates and rays
Rajiformes
Zone
:
Union waters of IIa and IV
(SRX/2AC4-C)
Belgium
211 (96) (97) (98)
Precautionary TAC
Denmark
8 (96) (97) (98)
Germany
10 (96) (97) (98)
France
33 (96) (97) (98)
The Netherlands
180 (96) (97) (98)
United Kingdom
814 (96) (97) (98)
Union
1 256 (96) (98)
TAC
1 256 (98)
Species
:
Skates and rays
Rajiformes
Zone
:
Union waters of IIIa
(SRX/03A-C.)
Denmark
37 (99) (100)
Precautionary TAC
Sweden
10 (99) (100)
Union
47 (99) (100)
TAC
47 (100)
Species
:
Skates and rays
Rajiformes
Zone
:
Union waters of VIa, VIb, VIIa-c and VIIe-k
(SRX/67AKXD)
Belgium
725 (101) (102) (103)
Precautionary TAC
Article 11 of this Regulation applies
Estonia
4 (101) (102) (103)
France
3 255 (101) (102) (103)
Germany
10 (101) (102) (103)
Ireland
1 048 (101) (102) (103)
Lithuania
17 (101) (102) (103)
The Netherlands
3 (101) (102) (103)
Portugal
18 (101) (102) (103)
Spain
876 (101) (102) (103)
United Kingdom
2 076 (101) (102) (103)
Union
8 032 (101) (102) (103)
TAC
8 032 (102)
Species
:
Skates and rays
Rajiformes
Zone
:
Union waters of VIId
(SRX/07D.)
Belgium
72 (104) (105) (106)
Precautionary TAC
France
602 (104) (105) (106)
The Netherlands
4 (104) (105) (106)
United Kingdom
120 (104) (105) (106)
Union
798 (104) (105) (106)
TAC
798 (105)
Species
:
Skates and rays
Rajiformes
Zone
:
Union waters of VIII and IX
(SRX/89-C.)
Belgium
7 (107) (108)
Precautionary TAC
France
1 298 (107) (108)
Portugal
1 051 (107) (108)
Spain
1 057 (107) (108)
United Kingdom
7 (107) (108)
Union
3 420 (107) (108)
TAC
3 420 (108)
Species
:
Greenland halibut
Reinhardtius hippoglossoides
Zone
:
Union waters of IIa and IV; Union and international waters of Vb and VI
(GHL/2A-C46)
Denmark
11 (109)
Analytical TAC
Germany
20 (109)
Estonia
11 (109)
Spain
11 (109)
France
185 (109)
Ireland
11 (109)
Lithuania
11 (109)
Poland
11 (109)
United Kingdom
729 (109)
Union
1 000 (109)
TAC
2 000
Species
:
Mackerel
Scomber scombrus
Zone
:
IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32
(MAC/2A34.)
Belgium
492 (110)
Analytical TAC
Denmark
16 892 (110)
Germany
513 (110)
France
1 550 (110)
The Netherlands
1 561 (110)
Sweden
4 396 (110)
United Kingdom
1 446 (110)
Union
26 850 (110)
TAC
Not relevant
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:
IIIa
(MAC/*03A.)
IIIa and IVbc
(MAC/*3A4BC)
IVb
(MAC/*04B.)
IVc
(MAC/*04C.)
VI, international waters of IIa, from 1 January to 31 March 2014 and in December 2014
(MAC/*2A6.)
Denmark
4 130
9 105
France
The Netherlands
Sweden
1 758
United Kingdom
Norway
Species
:
Mackerel
Scomber scombrus
Zone
:
VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV
(MAC/2CX14-)
Germany
19 578 (111)
Analytical TAC
Spain
21 (111)
Estonia
163 (111)
France
13 054 (111)
Ireland
65 260 (111)
Latvia
120 (111)
Lithuania
120 (111)
The Netherlands
28 551 (111)
Poland
1 378 (111)
United Kingdom
179 471 (111)
Union
307 716 (111)
TAC
Not relevant
Special condition:
Within the limits of the above mentioned quotas, no more than the quantities given below may be taken in the following zones and periods:
Union waters of IVa. During the periods from 1 January to 15 February 2014 and from 1 September to 31 December 2014
(MAC/*4A-EN)
Norwegian waters of IIa
(MAC/*2AN-)
Germany
7 877
France
5 252
Ireland
26 258
The Netherlands
11 487
United Kingdom
72 212
Union
123 086
Species
:
Mackerel
Scomber scombrus
Zone
:
VIIIc, IX and X; Union waters of CECAF 34.1.1
(MAC/8C3411)
Spain
29 020 (112) (113)
Analytical TAC
France
193 (112) (113)
Portugal
5 998 (112) (113)
Union
35 211 (112)
TAC
Not relevant
Special condition:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
VIIIb
(MAC/*08B.)
Spain
2 437
France
Portugal
Species
:
Mackerel
Scomber scombrus
Zone
:
Norwegian waters of IIa and IVa
(MAC/2A4A-N)
Denmark
12 085 (114) (115)
Analytical TAC
Union
12 085 (114) (115)
TAC
Not relevant
Species
:
Common sole
Solea solea
Zone
:
IIIa; Union waters of Subdivisions 22-32
(SOL/3A/BCD)
Denmark
Analytical TAC
Germany
17 (116)
The Netherlands
28 (116)
Sweden
Union
TAC
Species
:
Common sole
Solea solea
Zone
:
Union waters of IIa and IV
(SOL/24-C.)
Belgium
987 (117)
Analytical TAC
Denmark
451 (117)
Germany
790 (117)
France
198 (117)
The Netherlands
8 916 (117)
United Kingdom
508 (117)
Union
11 850 (117)
TAC
11 900
Species
:
Common sole
Solea solea
Zone
:
VI; Union and international waters of Vb; international waters of XII and XIV
(SOL/56-14)
Ireland
Precautionary TAC
United Kingdom
Union
TAC
Species
:
Common sole
Solea solea
Zone
:
VIIa
(SOL/07A.)
Belgium
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
Ireland
The Netherlands
United Kingdom
Union
TAC
Species
:
Common sole
Solea solea
Zone
:
VIIb and VIIc
(SOL/7BC.)
France
Precautionary TAC
Article 11 of this Regulation applies
Ireland
Union
TAC
Species
:
Common sole
Solea solea
Zone
:
VIId
(SOL/07D.)
Belgium
1 303
Analytical TAC
France
2 605
United Kingdom
Union
4 838
TAC
4 838
Species
:
Common sole
Solea solea
Zone
:
VIIe
(SOL/07E.)
Belgium
29 (118)
Analytical TAC
France
313 (118)
United Kingdom
490 (118)
Union
TAC
Species
:
Common sole
Solea solea
Zone
:
VIIf and VIIg
(SOL/7FG.)
Belgium
Analytical TAC
France
Ireland
United Kingdom
Union
1 001
TAC
1 001
Species
:
Common sole
Solea solea
Zone
:
VIIh, VIIj and VIIk
(SOL/7HJK.)
Belgium
Analytical TAC
Article 11 of this Regulation applies
France
Ireland
The Netherlands
United Kingdom
Union
TAC
Species
:
Common sole
Solea solea
Zone
:
VIIIa and VIIIb
(SOL/8AB.)
Belgium
Analytical TAC
Spain
France
3 483
The Netherlands
Union
3 800
TAC
3 800
Species
:
Sole
Solea spp.
Zone
:
VIIIc, VIIId, VIIIe, IX and X; Union waters of CECAF 34.1.1
(SOL/8CDE34)
Spain
Precautionary TAC
Portugal
Union
1 072
TAC
1 072
Species
:
Sprat and associated by-catches
Sprattus sprattus
Zone
:
IIIa
(SPR/03A.)
Denmark
15 610 (119) (120)
Precautionary TAC
Germany
33 (119) (120)
Sweden
5 906 (119) (120)
Union
21 549 (120)
TAC
Not established
Species
:
Sprat and associated by-catches
Sprattus sprattus
Zone
:
Union waters of IIa and IV
(SPR/2AC4-C)
Belgium
1 407 (122) (123)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
111 324 (122) (123)
Germany
1 407 (122) (123)
France
1 407 (122) (123)
The Netherlands
1 407 (122) (123)
Sweden
1 330 (121) (122) (123)
United Kingdom
4 642 (122) (123)
Union
122 924 (123)
TAC
144 000
Species
:
Sprat
Sprattus sprattus
Zone
:
VIId and VIIe
(SPR/7DE.)
Belgium
Precautionary TAC
Denmark
1 674
Germany
France
The Netherlands
United Kingdom
2 702
Union
5 150
TAC
5 150
Species
:
Spurdog/dogfish
Squalus acanthias
Zone
:
Union waters of IIIa
(DGS/03A-C.)
Denmark
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Sweden
Union
TAC
Species
:
Spurdog/dogfish
Squalus acanthias
Zone
:
Union waters of IIa and IV
(DGS/2AC4-C)
Belgium
0 (124)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Denmark
0 (124)
Germany
0 (124)
France
0 (124)
The Netherlands
0 (124)
Sweden
0 (124)
United Kingdom
0 (124)
Union
0 (124)
TAC
0 (124)
Species
:
Spurdog/dogfish
Squalus acanthias
Zone
:
Union and international waters of I, V, VI, VII, VIII, XII and XIV
(DGS/15X14)
Belgium
0 (125)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Article 11 of this Regulation applies.
Germany
0 (125)
Spain
0 (125)
France
0 (125)
Ireland
0 (125)
The Netherlands
0 (125)
Portugal
0 (125)
United Kingdom
0 (125)
Union
0 (125)
TAC
0 (125)
Species
:
Horse mackerel and associated by-catches
Trachurus spp.
Zone
:
Union waters of IVb, IVc and VIId
(JAX/4BC7D)
Belgium
30 (127) (128)
Precautionary TAC
Denmark
13 228 (127) (128)
Germany
1 168 (126) (127) (128)
Spain
246 (127) (128)
France
1 097 (126) (127) (128)
Ireland
832 (127) (128)
The Netherlands
7 963 (126) (127) (128)
Portugal
28 (127) (128)
Sweden
75 (127) (128)
United Kingdom
3 148 (126) (127) (128)
Union
27 815 (127)
TAC
27 815
Species
:
Horse mackerel and associated by-catches
Trachurus spp.
Zone
:
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
(JAX/2A-14)
Denmark
11 382 (129) (131) (132)
Analytical TAC
Germany
8 881 (129) (130) (131) (132)
Spain
12 113 (131) (132)
France
4 571 (129) (130) (131) (132)
Ireland
29 578 (129) (131) (132)
The Netherlands
35 635 (129) (130) (131) (132)
Portugal
1 167 (131) (132)
Sweden
675 (129) (131) (132)
United Kingdom
10 710 (129) (130) (131) (132)
Union
114 712 (132)
TAC
116 912
Species
:
Horse mackerel
Trachurus spp.
Zone
:
VIIIc
(JAX/08C.)
Spain
16 582 (133) (135)
Analytical TAC
France
287 (133)
Portugal
1 639 (133) (135)
Union
18 508
TAC
18 508
Species
:
Horse mackerel
Trachurus spp.
Zone
:
IX
(JAX/09.)
Spain
9 055 (136) (137)
Analytical TAC
Portugal
25 945 (136) (137)
Union
35 000
TAC
35 000
Species
:
Horse mackerel
Trachurus spp.
Zone
:
X; Union waters of CECAF (138)
(JAX/X34PRT)
Portugal
To be established (139) (140)
Precautionary TAC
Union
To be established (141)
TAC
To be established (141)
Species
:
Horse mackerel
Trachurus spp.
Zone
:
Union waters of CECAF (142)
(JAX/341PRT)
Portugal
To be established (143) (144)
Precautionary TAC
Union
To be established (145)
TAC
To be established (145)
Species
:
Horse mackerel
Trachurus spp.
Zone
:
Union waters of CECAF (146)
(JAX/341SPN)
Spain
To be established (147)
Precautionary TAC
Union
To be established (148)
TAC
To be established (148)
Species
:
Norway pout and associated by-catches
Trisopterus esmarki
Zone
:
IIIa; Union waters of IIa and IV
(NOP/2A3A4.)
Denmark
103 404 (149) (151)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
20 (149) (150) (151)
The Netherlands
76 (149) (150) (151)
Union
103 500 (149) (151)
TAC
Not relevant
Species
:
Norway pout and associated by-catches
Trisopterus esmarki
Zone
:
Norwegian waters of IV
(NOP/04-N.)
Denmark
0 (152)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
0 (152)
Union
0 (152)
TAC
Not relevant
Species
:
Industrial fish
Zone
:
Norwegian waters of IV
(I/F/04-N.)
Sweden
0 (153) (154)
Precautionary TAC
Union
0 (154)
TAC
Not relevant
Species
:
Other species
Zone
:
Union waters of Vb, VI and VII
(OTH/5B67-C)
Union
Not relevant
Precautionary TAC
Norway
0 (155) (156)
TAC
Not relevant
Species
:
Other species
Zone
:
Norwegian waters of IV
(OTH/04-N.)
Belgium
0 (159)
Precautionary TAC
Denmark
0 (159)
Germany
0 (159)
France
0 (159)
The Netherlands
0 (159)
Sweden
Not relevant (157) (159)
United Kingdom
0 (159)
Union
0 (158) (159)
TAC
Not relevant
Species
:
Other species
Zone
:
Union waters of IIa, IV and VIa north of 56° 30′ N
(OTH/2A46AN)
Union
Not relevant
Precautionary TAC
Norway
0 (160) (161) (162)
TAC
Not relevant
(1) Excluding waters within six nautical miles of the UK baselines at Shetland, Fair Isle and Foula.
(2) At least 98 % of landings counted against this quota shall be of sandeel. By-catches of dab, mackerel and whiting to be counted against the remaining 2 % of the quota (OT1/*2A3A4).
(3) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(4) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(5) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(6) Provisional quota in accordance with Article 1(3)
(7) Provisional quota in accordance with Article 1(3).
(8) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
(9) Special condition: up to 50 % of this amount may be fished in Union waters of IV (HER/*04-C.).
(10) Provisional quota in accordance with Article 1(3).
(11) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/04A.) and IVb (HER/04B.).
(12) Provisional quota in accordance with Article 1(3).
(13) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States shall report separately their landings of herring in IVa (HER/*4AN.) and IVb (HER/*4BN.).
(14) By-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quota for these species.
(15) Provisional quota in accordance with Article 1(3).
(16) Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.
(17) Provisional quota in accordance with Article 1(3)
(18) Exclusively for landings of herring taken as by-catch in fisheries using nets with mesh sizes smaller than 32 mm.
(19) Provisional quota in accordance with Article 1(3)
(20) Exclusively for landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
(21) Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a rhumb line running due south from Landguard Point (51° 56′ N, 1° 19,1′ E) to latitude 51° 33′ N and hence due west to a point on the coast of the United Kingdom.
(22) Special condition: up to 50 % of this quota may be taken in IVb (HER/*04B.).
(23) Provisional quota in accordance with Article 1(3)
(24) Reference is to the herring stock in the part of ICES zone VIa which lies east of the meridian of longitude 7°W and north of the parallel of latitude 55°N, or west of the meridian of longitude 7°W and north of the parallel of latitude 56°N, excluding the Clyde.
(25) It shall be prohibited to fish or retain on board any herring in the part of the ICES zones subject to this TAC that lies between 56° N and 57° 30′ N, with the exception of a six nautical mile belt measured from the baseline of the United Kingdom's territorial sea.
(26) Reference is to the herring stock in VIa south of 56° 00′ N and west of 07° 00′ W.
(27) Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between:
—
the Mull of Kintyre (55°17.9′N, 05°47.8′W);
—
a point at position (55°04′N, 05°23′W) and;
—
Corsewall Point (55°00.5′N, 05°09.4′W).
(28) Article 6 of this Regulation applies.
(29) Fixed at the same quantity as determined in accordance with footnote 2.
(30) This zone is reduced by the area bounded:
—
to the north by latitude 52° 30′ N,
—
to the south by latitude 52° 00′ N,
—
to the west by the coast of Ireland,
—
to the east by the coast of the United Kingdom.
(31) This zone is reduced by the area bounded:
—
to the north by latitude 52° 30′ N,
—
to the south by latitude 52° 00′ N,
—
to the west by the coast of Ireland,
—
to the east by the coast of the United Kingdom.
(32) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Chapter II of Title II of this Regulation.
(33) Provisional quota in accordance with Article 1(3)
(34) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(35) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Chapter II of Title II of this Regulation.
(36) Provisional quota in accordance with Article 1(3).
(37) By-catches of haddock, pollack and whiting and saithe are to be counted against the quota for these species.
(38) Provisional quota in accordance with Article 1(3).
(39) By-catch of cod in the area covered by this TAC may be landed provided that it does not comprise more than 1,5 % of the live weight of the total catch retained on board per fishing trip.
(40) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 12 % of the quota allocated to that Member State, under the conditions set out in Chapter II of Title II of this Regulation.
(41) Provisional quota in accordance with Article 1(3)
(42) When accidentally caught, this species shall not be harmed. Specimens shall be promptly released.
(43) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.
(44) Special condition: of which up to 10 % may be fished in: VI; Union and international waters of Vb; international waters of XII and XIV (ANF/*56-14).
(45) Provisional quota in accordance with Article 1(3).
(46) Special condition: of which up to 5 % may be fished in VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).
(47) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.
(48) Provisional quota in accordance with Article 1(3).
(49) Provisional quota in accordance with Article 1(3).
(50) By-catches of cod, pollack, whiting and saithe are to be counted against the quota for these species.
(51) Provisional quota in accordance with Article 1(3).
(52) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 5 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.
(53) Provisional quota in accordance with Article 1(3).
(54) Provisional quota in accordance with Article 1(3).
(55) Provisional quota in accordance with Article 1(3).
(56) Article 6 of this Regulation applies.
(57) Fixed at the same quantity as determined in accordance with footnote 1.
(58) By-catches of cod, haddock and saithe are to be counted against the quota for these species.
(59) Provisional quota in accordance with Article 1(3).
(60) Within the following overall TAC for the northern stock of hake:
81 846
(61) Transfers of this quota may be effected to Union waters of IIa and IV. However, such transfers shall be notified in advance to the Commission.
(62) Within the following overall TAC for the northern stock of hake:
81 846
(63) Transfers of this quota may be effected to Union waters of IIa and IV. However, such transfers must be notified in advance to the Commission.
(64) Within the following overall TAC for the northern stock of hake:
81 846
(65) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.
(66) Transfers of this quota may be effected to IV and Union waters of IIa. However, such transfers must be notified in advance to the Commission.
(67) Within the following overall TAC for the northern stock of hake:
81 846
(68) Provisional quota in accordance with Article 1(3).
(69) Provisional quota in accordance with Article 1(3)
(70) Transfers of this quota may be effected to VIIIc, IX and X; Union waters of CECAF 34.1.1. However, such transfers shall be notified in advance to the Commission.
(71) Provisional quota in accordance with Article 1(3).
(72) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(73) Provisional quota in accordance with Article 1(3).
(74) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(75) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(76) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(77) Quota may be fished in Union waters of IIIa and Union waters of IIIbcd only.
(78) Provisional quota in accordance with Article 1(3).
(79) Provisional quota in accordance with Article 1(3).
(80) Provisional quota in accordance with Article 1(3).
(81) Provisional quota in accordance with Article 1(3).
(82) By-catches of cod, haddock, pollack, whiting and saithe are to be counted against the quotas for these species.
(83) Provisional quota in accordance with Article 1(3).
(84) Article 6 of this Regulation applies.
(85) Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 metres deep.
(86) Fixed at the same quantity as determined in accordance with footnote 2.
(87) Provisional quota in accordance with Article 1(3).
(88) Provisional quota in accordance with Article 1(3).
(89) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 1 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.
(90) Special condition: of which up to 2 % may be fished in: VIIIa, VIIIb, VIIId and VIIIe (POL/*8ABDE).
(91) Special condition: of which up to 5 % may be fished in Union waters of VIIIc (POL/*08C.).
(92) Provisional quota in accordance with Article 1(3).
(93) Provisional quota in accordance with Article 1(3).
(94) By-catches of cod, haddock, pollack and whiting are to be counted against the quota for these species.
(95) Provisional quota in accordance with Article 1(3).
(96) Catches of cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), thornback ray (Raja clavata) (RJC/2AC4-C), blonde ray (Raja brachyura) (RJH/2AC4-C) and spotted ray (Raja montagui) (RJM/2AC4-C) shall be reported separately.
(97) By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on board per fishing trip. This condition applies only to vessels over 15 metres' length overall.
(98) Shall not apply to common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) and starry ray (Amblyraja radiata). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(99) Catches of cuckoo ray (Leucoraja naevus) (RJN/03A-C.), blonde ray (Raja brachyura) (RJH/03A-C.) and spotted ray (Raja montagui) (RJM/03A-C.) shall be reported separately.
(100) Shall not apply to common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia), thornback ray (Raja clavata) and starry ray (Amblyraja radiata). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(101) Catches of cuckoo ray (Leucoraja naevus) (RJN/67AKXD), thornback ray (Raja clavata) (RJC/67AKXD), blonde ray (Raja brachyura) (RJH/67AKXD), spotted ray (Raja montagui) (RJM/67AKXD), small-eyed ray (Raja microocellata) (RJE/67AKXD), sandy ray (Raja circularis) (RJI/67AKXD) and shagreen ray (Raja fullonica) (RJF/67AKXD) shall be reported separately.
(102) Shall not apply to undulate ray (Raja undulata), common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia), Norwegian skate (Raja (Dipturus) nidarosiensis) and white skate (Raja alba). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(103) Special condition: of which up to 5 % may be fished in Union waters of VIId (SRX/*07D.). Catches of cuckoo ray (Leucoraja naevus) (RJN/*07D.), thornback ray (Raja clavata) (RJC/*07D.), blonde ray (Raja brachyura) (RJH/*07D.), spotted ray (Raja montagui) (RJM/*07D.), small-eyed ray (Raja microocellata) (RJE/*07D.), sandy ray (Raja circularis) (RJI/*07D.) and shagreen ray (Raja fullonica) (RJF/*07D.) shall be reported separately.
(104) Catches of cuckoo ray (Leucoraja naevus) (RJN/07D.), thornback ray (Raja clavata) (RJC/07D.), blonde ray (Raja brachyura) (RJH/07D.), spotted ray (Raja montagui) (RJM/07D.) and small-eyed ray (Raja microocellata) (RJE/07D.) shall be reported separately.
(105) Shall not apply to common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia), undulate ray (Raja undulata) and starry ray (Amblyraja radiata). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(106) Special condition: of which up to 5 % may be fished in Union waters of VIa, VIb, VIIa-c and VIIe-k (SRX/*67AKD). Catches of Cuckoo ray (Leucoraja naevus) (RJN/*67AKD), thornback ray (Raja clavata) (RJC/*67AKD), blonde ray (Raja brachyura) (RJH/*67AKD), spotted ray (Raja montagui) (RJM/*67AKD) and small-eyed ray (Raja microocellata) (RJE/*67AKD) shall be reported separately.
(107) Catches of cuckoo ray (Leucoraja naevus) (RJN/89-C.), blonde ray (Raja brachyura) (RJH/89-C.) and thornback ray (Raja clavata) (RJC/89-C.) shall be reported separately.
(108) Shall not apply to undulate ray (Raja undulata),common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) and white skate (Raja alba). When accidentally caught, these species shall not be harmed. Specimens shall be promptly released. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.
(109) Provisional quota in accordance with Article 1(3).
(110) Provisional quota in accordance with Article 1(3).
(111) Provisional quota in accordance with Article 1(3).
(112) Special condition: quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.
(113) Provisional quota in accordance with Article 1(3).
(114) Catches taken in IIa (MAC/*02A.) and IVa (MAC/*4A.) shall be reported separately.
(115) Provisional quota in accordance with Article 1(3).
(116) Quota may be fished in Union waters of IIIa, Subdivisions 22-32 only.
(117) Provisional quota in accordance with Article 1(3).
(118) In addition to this quota, a Member State may grant to vessels flying its flag and participating in trials on fully documented fisheries an additional allocation within an overall limit of 5 % of the quota allocated to that Member State, pursuant to Chapter II of Title II of this Regulation.
(119) At least 95 % of landings counted against this quota shall be of sprat. By-catches of dab, whiting and haddock to be counted against the remaining 5 % of the quota (OTH/*03A.).
(120) Provisional quota in accordance with Article 1(3).
(121) Including sandeel.
(122) At least 98 % of landings counted against this quota shall be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the quota (OTH/*2AC4C).
(123) Provisional quota in accordance with Article 1(3).
(124) Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), greater lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus acanthias) are included. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.
(125) Catches taken with longlines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), greater lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), Portuguese dogfish (Centroscymnus coelolepis) and spurdog (Squalus acanthias) are included. When accidentally caught, these species shall not be harmed. Specimens shall be promptly released.
(126) Special condition: up to 5 % of this quota fished in division VIId may be accounted for as fished under the quota concerning the zone: 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 (JAX/*2A-14).
(127) Provisional quota in accordance with Article 1(3).
(128) At least 95 % of landings counted against this quota shall be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the quota (OTH/*4BC7D).
(129) Special condition: up to 5 % of this quota fished in Union waters of IIa or IVa before 30 June 2014 may be accounted for as fished under the quota concerning the zone of Union waters of IVb, IVc and VIId (JAX/*4BC7D).
(130) Special condition: up to 5 % of this quota may be fished in VIId (JAX/*07D.).
(131) At least 95 % of landings counted against this quota shall be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the quota (OTH/*2A-14).
(132) Provisional quota in accordance with Article 1(3).
(133) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98 (134), no more than 5 % may consist of horse mackerel between 12 and 15 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(134) Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).
(135) Special condition: up to 5 % of this quota may be fished in IX (JAX/*09.).
(136) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 15 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(137) Special condition: up to 5 % of this quota may be fished in VIIIc (JAX/*08C).
(138) Waters adjacent to the Azores.
(139) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(140) Article 6 of this Regulation applies.
(141) Fixed at the same quantity as determined in accordance with footnote 3.
(142) Waters adjacent to Madeira.
(143) Of which, notwithstanding Article 19 of Regulation (EC) No 850/98, no more than 5 % may consist of horse mackerel between 12 and 14 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the landings shall be 1,20.
(144) Article 6 of this Regulation applies.
(145) Fixed at the same quantity as determined in accordance with footnote 3.
(146) Waters adjacent to the Canary Islands.
(147) Article 6 of this Regulation applies.
(148) Fixed at the same quantity as determined in accordance with footnote 2.
(149) At least 95 % of landings counted against this quota shall be of Norway pout. By-catches of haddock and whiting to be counted against the remaining 5 % of the quota (OT2/*2A3A4).
(150) Quota may be fished in Union waters of ICES zones IIa, IIIa and IV only.
(151) Provisional quota in accordance with Article 1(3).
(152) Provisional quota in accordance with Article 1(3).
(153) By-catches of cod, haddock, pollack, whiting and saithe to be counted against the quotas for these species.
(154) Provisional quota in accordance with Article 1(3).
(155) Taken with long-lines only.
(156) Provisional quota in accordance with Article 1(3).
(157) Quota allocated by Norway to Sweden of "other species" at a traditional level.
(158) Including fisheries not specifically mentioned. Exceptions may be introduced after consultations, as appropriate.
(159) Provisional quota in accordance with Article 1(3).
(160) Limited to IIa and IV (OTH/*2A4-C).
(161) Including fisheries not specifically mentioned. Exceptions may be introduced after consultations, as appropriate.
(162) Provisional quota in accordance with Article 1(3).
ANNEX IB
NORTH EAST ATLANTIC AND GREENLAND ICES SUBAREAS I, II, V, XII AND XIV AND GREENLAND WATERS OF NAFO 1
Species
:
Snow crab
Chionoecetes spp.
Zone
:
Greenland waters of NAFO 1
(PCR/N1GRN.)
Ireland
25 (1)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Spain
175 (1)
Union
200 (1)
TAC
Not relevant
Species
:
Herring
Clupea harengus
Zone
:
Union, Norwegian and international waters of I and II
(HER/1/2-)
Belgium
9 (2)
Analytical TAC
Denmark
9 346 (2)
Germany
1 637 (2)
Spain
31 (2)
France
403 (2)
Ireland
2 419 (2)
The Netherlands
3 345 (2)
Poland
473 (2)
Portugal
31 (2)
Finland
145 (2)
Sweden
3 463 (2)
United Kingdom
5 975 (2)
Union
27 277 (2)
TAC
419 000
Special condition:
within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:
Norwegian waters north of 62° N and the fishery zone around Jan Mayen (HER/*2AJMN)
Species
:
Cod
Gadus morhua
Zone
:
Norwegian waters of I and II
(COD/1N2AB.)
Germany
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Greece
Spain
Ireland
France
Portugal
United Kingdom
Union
TAC
Not relevant
Species
:
Cod
Gadus morhua
Zone
:
Greenland waters of NAFO 1 and Greenland waters of XIV
(COD/N1GL14)
Germany
1 800 (3)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
400 (3)
Union
2 200 (3)
TAC
Not relevant
Species
:
Cod
Gadus morhua
Zone
:
I and IIb
(COD/1/2B.)
Germany
7 667 (6)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Spain
14 260 (6)
France
3 718 (6)
Poland
3 035 (6)
Portugal
2 806 (6)
United Kingdom
5 172 (6)
Other Member States
250 (4) (6)
Union
36 908 (5)
TAC
Not relevant
Species
:
Cod and haddock
Gadus morhua and Melanogrammus aeglefinus
Zone
:
Faroese waters of Vb
(COD/05B-F.) for cod;
(HAD/05-F.) for haddock
Germany
0 (7)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (7)
United Kingdom
0 (7)
Union
0 (7)
TAC
Not relevant
Species
:
Atlantic halibut
Hippoglossus hippoglossus
Zone
:
Greenland waters of V and XIV
(HAL/514GRN)
Portugal
118 (8)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Union
118 (8)
TAC
Not relevant
Species
:
Atlantic halibut
Hippoglossus hippoglossus
Zone
:
Greenland waters of NAFO 1
(HAL/N1GRN.)
Union
118 (9)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
Not relevant
Species
:
Grenadiers
Macrourus spp.
Zone
:
Greenland waters of V and XIV
(GRV/514GRN)
Union
65 (10) (11)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
Not relevant
Species
:
Grenadiers
Macrourus spp.
Zone
:
Greenland waters of NAFO 1
(GRV/N1GRN.)
Union
65 (12) (13)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
Not relevant
Species
:
Capelin
Mallotus villosus
Zone
:
IIb
(CAP/02B.)
Union
Analytical TAC
TAC
Species
:
Capelin
Mallotus villosus
Zone
:
Greenland waters of V and XIV
(CAP/514GRN)
Denmark
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
Sweden
Germany
All Member States
0 (14)
Union
0 (15)
TAC
Not relevant
Species
:
Haddock
Melanogrammus aeglefinus
Zone
:
Norwegian waters of I and II
(HAD/1N2AB.)
Germany
0 (16)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (16)
United Kingdom
0 (16)
Union
0 (16)
TAC
Not relevant
Species
:
Blue whiting
Micromesistius poutassou
Zone
:
Faroese waters
(WHB/2A4AXF)
Denmark
0 (17)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
0 (17)
France
0 (17)
The Netherlands
0 (17)
United Kingdom
0 (17)
Union
0 (17)
TAC
Species
:
Ling and blue ling
Molva molva and molva dypterygia
Zone
:
Faroese waters of Vb
(LIN/05B-F.) for ling;
(BLI/05B-F.) for blue ling
Germany
0 (18)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (18)
United Kingdom
0 (18)
Union
0 (18)
TAC
Species
:
Northern prawn
Pandalus borealis
Zone
:
Greenland waters of V and XIV
(PRA/514GRN)
Denmark
1 295 (19)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
1 295 (19)
Union
2 590 (19)
TAC
Not relevant
Species
:
Northern prawn
Pandalus borealis
Zone
:
Greenland waters of NAFO 1
(PRA/N1GRN.)
Denmark
1 700
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
1 700
Union
3 400
TAC
Not relevant
Species
:
Saithe
Pollachius virens
Zone
:
Norwegian waters of I and II
(POK/1N2AB.)
Germany
0 (20)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (20)
United Kingdom
0 (20)
Union
0 (20)
TAC
Not relevant
Species
:
Saithe
Pollachius virens
Zone
:
International waters of I and II
(POK/1/2INT)
Union
Analytical TAC
TAC
Not relevant
Species
:
Saithe
Pollachius virens
Zone
:
Faroese waters of Vb
(POK/05B-F.)
Belgium
0 (21)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
0 (21)
France
0 (21)
The Netherlands
0 (21)
United Kingdom
0 (21)
Union
0 (21)
TAC
Not relevant
Species
:
Greenland halibut
Reinhardtius hippoglossoides
Zone
:
Norwegian waters of I and II
(GHL/1N2AB.)
Germany
0 (22) (23)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
0 (22) (23)
Union
0 (22) (23)
TAC
Not relevant
Species
:
Greenland halibut
Reinhardtius hippoglossoides
Zone
:
International waters of I and II
(GHL/1/2INT)
Union
Precautionary TAC
TAC
Not relevant
Species
:
Greenland halibut
Reinhardtius hippoglossoides
Zone
:
Greenland waters of NAFO 1
(GHL/N1GRN.)
Germany
1 700 (25)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Union
1 700 (24) (25)
TAC
Not relevant
Species
:
Greenland halibut
Reinhardtius hippoglossoides
Zone
:
Greenland waters of V and XIV
(GHL/514GRN)
Germany
3 591 (27)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
United Kingdom
189 (27)
Union
3 780 (26) (27)
TAC
Not relevant
Species
:
Redfish (shallow pelagic)
Sebastes spp.
Zone
:
Union and international waters of V; international waters of XII and XIV
(RED/51214S)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
Spain
France
Ireland
Latvia
The Netherlands
Poland
Portugal
United Kingdom
Union
TAC
Species
:
Redfish (deep pelagic)
Sebastes spp.
Zone
:
Union and international waters of V; international waters of XII and XIV
(RED/51214D)
Estonia
93 (28) (29)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
1 883 (28) (29)
Spain
331 (28) (29)
France
176 (28) (29)
Ireland
1 (28) (29)
Latvia
34 (28) (29)
The Netherlands
1 (28) (29)
Poland
170 (28) (29)
Portugal
396 (28) (29)
United Kingdom
5 (28) (29)
Union
3 090 (28) (29)
TAC
20 000 (28) (29)
Species
:
Redfish
Sebastes spp.
Zone
:
Norwegian waters of I and II
(RED/1N2AB.)
Germany
0 (30) (31)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Spain
0 (30) (31)
France
0 (30) (31)
Portugal
0 (30) (31)
United Kingdom
0 (30) (31)
Union
0 (30) (31)
TAC
Not relevant
Species
:
Redfish
Sebastes spp.
Zone
:
International waters of I and II
(RED/1/2INT)
Union
Not relevant (32) (33)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
19 300
Species
:
Redfish (pelagic)
Sebastes spp.
Zone
:
Greenland waters of NAFO 1F and Greenland waters of V and XIV
(RED/N1G14P)
Germany
1 897 (34) (35) (36) (37)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
10 (34) (35) (36) (37)
United Kingdom
13 (34) (35) (36) (37)
Union
1 920 (34) (35) (36) (37)
TAC
Not relevant
Species
:
Redfish (demersal)
Sebastes spp.
Zone
:
Greenland waters of NAFO 1F and Greenland waters of V and XIV
(RED/N1G14D)
Germany
1 976 (38)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
10 (38)
United Kingdom
14 (38)
Union
2 000 (38)
TAC
Not relevant
Species
:
Redfish
Sebastes spp.
Zone
:
Icelandic waters of Va
(RED/05A-IS)
Belgium
0 (39) (40)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
0 (39) (40)
France
0 (39) (40)
United Kingdom
0 (39) (40)
Union
0 (39) (40)
TAC
Not relevant
Species
:
Redfish
Sebastes spp.
Zone
:
Faroese waters of Vb
(RED/05B-F.)
Belgium
0 (41)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
0 (41)
France
0 (41)
United Kingdom
0 (41)
Union
0 (41)
TAC
Not relevant
Species
:
Other species
Zone
:
Norwegian waters of I and II
(OTH/1N2AB.)
Germany
0 (42)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (42)
United Kingdom
0 (42)
Union
0 (42)
TAC
Not relevant
Species
:
Other species (43)
Zone
:
Faroese waters of Vb
(OTH/05B-F.)
Germany
0 (44)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (44)
United Kingdom
0 (44)
Union
0 (44)
TAC
Not relevant
Species
:
Flatfish
Zone
:
Faroese waters of Vb
(FLX/05B-F.)
Germany
0 (45)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
0 (45)
United Kingdom
0 (45)
Union
0 (45)
TAC
Not relevant
(1) Fishing is prohibited between 1 January and 31 March in Greenland waters of NAFO Subarea 1 North of 64° 15’ N.
(2) When reporting catches to the Commission the quantities fished in each of the following areas shall also be reported: NEAFC Regulatory Area, Union waters, Faroese waters, Norwegian waters, the fishery zone around Jan Mayen, the fishery protection zone around Svalbard.
(3) May not be fished between 1 April and 31 May 2014. May be fished only in Greenland waters of NAFO 1F and ICES XIV in at least 2 of the following 4 areas:
Geographical area
Geographical limits
1.
NAFO 1F
West of 44°00′W and South of 60°45′N
2.
ICES XIVb
East of 44°00′W and South of 62°30′N
3.
ICES XIVb
North of 62°30′N and West of 35°15′W
4.
ICES XIVb
East of 35°15′W and South of 67°00′N
(4) Except Germany, Spain, France, Poland, Portugal and the United Kingdom.
(5) The allocation of the share of the cod stock available to the Union in the zone Spitzbergen and Bear Island and the associated by-catches of haddock are entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.
(6) By-catches of haddock may represent up to 19 % per haul. The by-catch quantities of haddock are in addition to the quota for cod.
(7) Provisional quota in accordance with Article 1(3).
(8) Provisional quota in accordance with Article 1(3).
(9) Provisional quota in accordance with Article 1(3).
(10) Special condition: roundnose grenadier (Coryphaenoides rupestris) (RNG/514GRN) and rough-head grenadier (Macrourus berglax) (RHG/514GRN) shall not be targeted. They shall only be taken as by-catch and shall be reported separately.
(11) Provisional quota in accordance with Article 1(3).
(12) Special condition: roundnose grenadier (Coryphaenoides rupestris) (RNG/N1GRN.) and rough-head grenadier (Macrourus berglax) (RHG/N1GRN.) shall not be targeted. They shall only be taken as by-catch and shall be reported separately.
(13) Provisional quota in accordance with Article 1(3).
(14) Member States may access the "All Member States" quota only once they have exhausted their own quota. However, Member States with more than 10 % of the Union quota shall not access the "All Member States" quota at all.
(15) To be fished from 1 January until 30 April 2014.
(16) Provisional quota in accordance with Article 1(3).
(17) Provisional quota in accordance with Article 1(3).
(18) Provisional quota in accordance with Article 1(3).
(19) Provisional quota in accordance with Article 1(3).
(20) Provisional quota in accordance with Article 1(3).
(21) Provisional quota in accordance with Article 1(3).
(22) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(23) Provisional quota in accordance with Article 1(3).
(24) To be fished South of 68° N.
(25) Provisional quota in accordance with Article 1(3).
(26) To be fished by no more than 6 vessels at the same time.
(27) Provisional quota in accordance with Article 1(3).
(28) May only be taken within the area bounded by the lines joining the following coordinates:
Point
Latitude
Longitude
64°45′N
28°30′W
62°50′N
25°45′W
61°55′N
26°45′W
61°00′N
26°30′W
59°00′N
30°00′W
59°00′N
34°00′W
61°30′N
34°00′W
62°50′N
36°00′W
64°45′N
28°30′W
(29) May not be fished from 1 January to 9 May 2014.
(30) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(31) Provisional quota in accordance with Article 1(3).
(32) The fishery may only take place within the period from 1 July to 31 December 2014. The fishery will be closed when the TAC is fully utilised by NEAFC Contracting Parties. The Commission shall inform Member States of the date on which the Secretariat of NEAFC has notified NEAFC Contracting Parties that the TAC has been fully utilised. From that date Member States shall prohibit directed fishery for redfish by vessels flying their flag.
(33) Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.
(34) May only be fished as deep pelagic redfish by pelagic trawl from 10 May to 31 December 2014.
(35) May only be fished in Greenland waters within the Redfish Conservation Area bounded by the lines joining the following coordinates:
Point
Latitude
Longitude
64°45′N
28°30′W
62°50′N
25°45′W
61°55′N
26°45′W
61°00′N
26°30′W
59°00′N
30°00′W
59°00′N
34°00′W
61°30′N
34°00′W
62°50′N
36°00′W
64°45′N
28°30′W
(36) Special condition: this quota may also be fished in international waters of the Redfish Conservation Area mentioned above (RED/*5-14P).
(37) Provisional quota in accordance with Article 1(3).
(38) May only be fished by trawl, and only North and West of the line defined by the following coordinates:
Point
Latitude
Longitude
59°15′N
54°26′W
59°15′N
44°00′W
59°30′N
42°45′W
60°00′N
42°00′W
62°00′N
40°30′W
62°00′N
40°00′W
62°40′N
40°15′W
63°09′N
39°40′W
63°30′N
37°15′W
64°20′N
35°00′W
65°15′N
32°30′W
65°15′N
29°50′W
(39) Including unavoidable by-catches (cod not allowed).
(40) May only be fished between July and December 2014.
(41) Provisional quota in accordance with Article 1(3).
(42) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(43) Excluding fish species of no commercial value.
(44) Provisional quota in accordance with Article 1(3).
(45) Provisional quota in accordance with Article 1(3).
ANNEX IC
NORTH WEST ATLANTIC
NAFO CONVENTION AREA
All TACs and associated conditions are adopted in the framework of NAFO.
Species
:
Cod
Gadus morhua
Zone
:
NAFO 2J3KL
(COD/N2J3KL)
Union
0 (1)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
0 (1)
Species
:
Cod
Gadus morhua
Zone
:
NAFO 3NO
(COD/N3NO.)
Union
0 (3)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
TAC
0 (3)
Species
:
Cod
Gadus morhua
Zone
:
NAFO 3M
(COD/N3M.)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Germany
Latvia
Lithuania
Poland
Spain
2 077
France
Portugal
2 850
United Kingdom
1 353
Union
8 281
TAC
14 521
Species
:
Witch flounder
Glyptocephalus cynoglossus
Zone
:
NAFO 2J3KL
(WIT/N2J3KL)
Union
0 (4)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
TAC
0 (4)
Species
:
Witch flounder
Glyptocephalus cynoglossus
Zone
:
NAFO 3NO
(WIT/N3NO.)
Union
0 (5)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
0 (5)
Species
:
American plaice
Hippoglossoides platessoides
Zone
:
NAFO 3M
(PLA/N3M.)
Union
0 (6)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
0 (6)
Species
:
American plaice
Hippoglossoides platessoides
Zone
:
NAFO 3LNO
(PLA/N3LNO.)
Union
0 (7)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
0 (7)
Species
:
Shortfin squid
Illex illecebrosus
Zone
:
NAFO sub-zones 3 and 4
(SQI/N34.)
Estonia
128 (8)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Latvia
128 (8)
Lithuania
128 (8)
Poland
227 (8)
Union
Not relevant (8) (9)
TAC
34 000
Species
:
Yellowtail flounder
Limanda ferruginea
Zone
:
NAFO 3LNO
(YEL/N3LNO.)
Union
0 (10)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
17 000
Species
:
Capelin
Mallotus villosus
Zone
:
NAFO 3NO
(CAP/N3NO.)
Union
0 (11)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
TAC
0 (11)
Species
:
Northern prawn
Pandalus borealis
Zone
:
NAFO 3L (12)
(PRA/N3L.)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Latvia
Lithuania
Poland
Spain
Portugal
Union
TAC
4 300
Species
:
Northern prawn
Pandalus borealis
Zone
:
NAFO 3M (13)
(PRA/*N3M.)
TAC
Not relevant (14) (15)
Analytical TAC
Species
:
Greenland halibut
Reinhardtius hippoglossoides
Zone
:
NAFO 3LMNO
(GHL/N3LMNO)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
Latvia
Lithuania
Spain
4 243
Portugal
1 774
Union
6 709
TAC
11 442
Species
:
Skate
Rajidae
Zone
:
NAFO 3LNO
(SKA/N3LNO.)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Lithuania
Spain
3 403
Portugal
Union
4 408
TAC
7 000
Species
:
Redfish
Sebastes spp.
Zone
:
NAFO 3LN
(RED/N3LN.)
Estonia
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
Latvia
Lithuania
Union
1 276
TAC
7 000
Species
:
Redfish
Sebastes spp.
Zone
:
NAFO 3M
(RED/N3M.)
Estonia
1 571 (16)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Germany
513 (16)
Latvia
1 571 (16)
Lithuania
1 571 (16)
Spain
233 (16)
Portugal
2 354 (16)
Union
7 813 (16)
TAC
6 500 (16)
Species
:
Redfish
Sebastes spp.
Zone
:
NAFO 3O
(RED/N3O.)
Spain
1 771
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Portugal
5 229
Union
7 000
TAC
20 000
Species
:
Redfish
Sebastes spp.
Zone
:
NAFO Subarea 2, Divisions 1F and 3K
(RED/N1F3K.)
Latvia
0 (17)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Lithuania
0 (17)
Union
0 (17)
TAC
0 (17)
Species
:
White hake
Urophycis tenuis
Zone
:
NAFO 3NO
(HKW/N3NO.)
Spain
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Portugal
Union
588 (18)
TAC
1 000
(1) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007 (2).
(2) Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ L 318, 5.12.2007, p. 1).
(3) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits of a maximum of 1 000 kg or 4 %, whichever is greater.
(4) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(5) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(6) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(7) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(8) To be fished between 1 July and 31 December 2014.
(9) No specified Union’s share. The following tonnage is available to Canada and the Member States of the Union except Estonia, Latvia, Lithuania and Poland: 611
(10) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(11) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(12) Not including the box bounded by the following coordinates:
Point No
Latitude N
Longitude W
47° 20′ 0
46° 40′ 0
47° 20′ 0
46° 30′ 0
46° 00′ 0
46° 30′ 0
46° 00′ 0
46° 40′ 0
(13) Vessels may also fish this stock in Division 3L in the box bounded by the following coordinates:
Point No
Latitude N
Longitude W
47° 20′ 0
46° 40′ 0
47° 20′ 0
46° 30′ 0
46° 00′ 0
46° 30′ 0
46° 00′ 0
46° 40′ 0
Moreover, fishing for shrimp is prohibited from 1 June to 31 December 2014 in the area bounded by the following coordinates:
Point No
Latitude N
Longitude W
47° 55′ 0
45° 00′ 0
47° 30′ 0
44° 15′ 0
46° 55′ 0
44° 15′ 0
46° 35′ 0
44° 30′ 0
46° 35′ 0
45° 40′ 0
47° 30′ 0
45° 40′ 0
47° 55′ 0
45° 00′ 0
(14) Not relevant. Fishery managed by limitations in fishing effort. The Member States concerned shall issue fishing authorisations for their fishing vessels engaging in this fishery and shall notify those authorisations to the Commission prior to the commencement of the vessel's activity, in accordance with Regulation (EC) No 1224/2009.
Member State
Maximum number of vessels
Maximum number of fishing days
Denmark
Estonia
Spain
Latvia
Lithuania
Poland
Portugal
(15) No directed fisheries are permitted. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(16) This quota is subject to compliance with the TAC as shown, which is established for this stock for all NAFO Contracting Parties. Within that TAC, no more than the following mid-term limit may be fished before 1 July 2014: 3 250
Upon exhaustion of the TAC or the mid-term limit, the directed fishery for this stock shall be stopped irrespective of the level of catches.
(17) No directed fisheries are permitted under this quota. This species shall only be taken as by-catch within the limits specified in Article 4(2) of Regulation (EC) No 1386/2007.
(18) Where, in accordance with footnote 27 of Annex IA of the NAFO Conservation and Enforcement Measures, a positive vote by the Contracting Parties confirms the TAC to be 2 000 tonnes, the corresponding Union and Member State quotas for 2014 shall be deemed to be as below:
Spain
Portugal
Union
1 176
ANNEX ID
HIGHLY MIGRATORY FISH – ALL AREAS
TACs in these areas are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT.
Species
:
Bluefin tuna
Thunnus thynnus
Zone
:
Atlantic Ocean, east of 45° W, and Mediterranean
(BFT/AE45WM)
Cyprus
69,44 (4) (7)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Greece
129,07 (7)
Spain
2 504,45 (2) (4) (7)
France
2 471,23 (2) (3) (4) (7)
Croatia
390,59 (6) (7)
Italy
1 950,42 (4) (5) (7)
Malta
160,02 (4) (7)
Portugal
235,5 (7)
Other Member States
27,93 (1) (7)
Union
7 938,65 (2) (3) (4) (5) (7)
TAC
13 400
Species
:
Swordfish
Xiphias gladius
Zone
:
Atlantic Ocean, North of 5° N
(SWO/AN05N)
Spain
6 886,05 (9)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Portugal
1 325,88 (9)
Other Member States
135,58 (8) (9)
Union
8 347,51
TAC
13 700
Species
:
Swordfish
Xiphias gladius
Zone
:
Atlantic Ocean, South of 5° N
(SWO/AS05N)
Spain
4 699,18 (10)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Portugal
442,52 (10)
Union
5 141,70
TAC
15 000
Species
:
Northern albacore
Thunnus alalunga
Zone
:
Atlantic Ocean, north of 5° N
(ALB/AN05N)
Ireland
2 698,68 (13)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Spain
13 756,51 (13)
France
6 972,79 (13)
United Kingdom
334,08 (13)
Portugal
2 772,87 (13)
Union
26 534,93 (11)
TAC
28 000
Species
:
Southern albacore
Thunnus alalunga
Zone
:
Atlantic Ocean, south of 5° N
(ALB/AS05N)
Spain
724,69
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
238,16
Portugal
507,15
Union
1 470,0
TAC
24 000
Species
:
Bigeye tuna
Thunnus obesus
Zone
:
Atlantic Ocean
(BET/ATLANT)
Spain
16 741,74
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
7 927,83
Portugal
4 797,54
Union
29 467,10
TAC
85 000
Species
:
Blue marlin
Makaira nigricans
Zone
:
Atlantic Ocean
(BUM/ATLANT)
Spain
27,2
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
France
397,6
Portugal
55,2
Union
480,0
TAC
1 985
Species
:
White marlin
Tetrapturus albidus
Zone
:
Atlantic Ocean
(WHM/ATLANT)
Spain
30,5
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
Portugal
19,5
Union
50,0
TAC
(1) Except Cyprus, Greece, Spain, France, Croatia, Italy, Malta and Portugal, and exclusively as by-catch.
(2) Special condition: within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 1 of Annex IV (BFT/*8301):
Spain
382,93
France
172,77
Union
555,71
(3) Special condition: within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm by the vessels referred to in point 1 of Annex IV (BFT/*641):
France
100,00
Union
100,00
(4) Special condition: within this TAC, the following catch limits and allocations between Member States shall apply to catches of bluefin tuna between and 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 2 of Annex IV (BFT/*8302):
Spain
50,09
France
49,42
Italy
39,01
Cyprus
3,20
Malta
4,71
Union
146,43
(5) Special condition: within this TAC, the following catch limits and allocations between Member States shall apply to catches of bluefin tuna between and 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 3 of Annex IV (BFT/*643):
Italy
39,01
Union
39,01
(6) Special Condition: within this TAC, the following catch limits and allocations between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 3 of Annex IV for farming purposes (BFT/*8303F):
Croatia
351,53
Union
351,53
(7) By derogation from Article 7(2) of Regulation (EC) 302/2009, purse seine fishing for bluefin tuna shall be authorised in the Eastern Atlantic and Mediterranean from 26 May to 24 June 2014 included.
(8) Except Spain and Portugal, and exclusively as by-catch.
(9) Special condition: up to 2,39 % of this amount may be fished in the Atlantic Ocean, South of 5° N (SWO/*AS05N).
(10) Special condition: up to 3,86 % of this amount may be fished in the Atlantic Ocean, North of 5° N (SWO/*AN05N).
(11) The number of Union vessels fishing for northern albacore as a target species, in accordance with Article 12 of Regulation (EC) No 520/2007 (12), shall be as follows: 1 253
(12) Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species (OJ L 123, 12.5.2007, p. 3).
(13) The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007:
Member State
Maximum number of vessels
Ireland
50,00
Spain
730,00
France
151,00
United Kingdom
12,00
Portugal
310,00
ANNEX IE
ANTARCTIC
CCAMLR CONVENTION AREA
These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Union's share is undetermined. Catches are monitored by the Secretariat of CCAMLR, which will communicate when fishing shall cease due to TAC exhaustion.
Unless specified otherwise, these TACs are applicable for the period from 1 December 2013 to 30 November 2014.
Species
:
Mackerel icefish
Champsocephalus gunnari
Zone
:
FAO 48.3 Antarctic
(ANI/F483.)
TAC
4 635
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
:
Mackerel icefish
Champsocephalus gunnari
Zone
:
FAO 58.5.2 Antarctic (1)
(ANI/F5852.)
TAC
1 267
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
:
Blackfin icefish
Chaenocephalus aceratus
Zone
:
FAO 48.3 Antarctic
(SSI/F483.)
TAC
2 200 (2)
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
:
Unicorn icefish
Channichthys rhinoceratus
Zone
:
FAO 58.5.2 Antarctic
(LIC/F5852.)
TAC
150 (3)
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
:
Patagonian toothfish
Dissostichus eleginoides
Zone
:
FAO 48.3 Antarctic
(TOP/F483.)
TAC
2 400 (4)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Special conditions:
Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:
Management Area A: 48° W to 43° 30′ W – 52° 30′ S to 56° S
(TOP/*F483A)
Management Area B: 43° 30′ W to 40° W – 52° 30′ S to 56° S
(TOP/*F483B)
Management Area C: 40° W to 33° 30′ W – 52° 30′ S to 56° S
(TOP/*F483C)
1 680
Species
:
Patagonian toothfish
Dissostichus eleginoides
Zone
:
FAO 48.4 Antarctic North
(TOP/F484N.)
TAC
45 (5)
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
:
Antarctic toothfish
Dissostichus mawsoni
Zone
:
FAO 48.4 Antarctic South
(TOA/F484S.)
TAC
24 (6)
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
:
Patagonian toothfish
Dissostichus eleginoides
Zone
:
FAO 58.5.2 Antarctic
(TOP/F5852.)
TAC
2 730 (7)
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
:
Krill
Euphausia superba
Zone
:
FAO 48
(KRI/F48.)
TAC
5 610 000
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Special conditions:
Within the limit of a total combined catch of 620 000 tonnes, no more than the quantities given below may be taken in the subareas specified:
Division 48.1 (KRI/*F481.)
155 000
Division 48.2 (KRI/*F482.)
279 000
Division 48.3 (KRI/*F483.)
279 000
Division 48.4 (KRI/*F484.)
93 000
Species
:
Krill
Euphausia superba
Zone
:
FAO 58.4.1 Antarctic
(KRI/F5841.)
TAC
440 000
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Special conditions:
Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:
Division 58.4.1 west of 115° E
(KRI/*F-41W)
277 000
Division 58.4.1 east of 115° E
(KRI/*F-41E)
163 000
Species
:
Krill
Euphausia superba
Zone
:
FAO 58.4.2 Antarctic
(KRI/F5842.)
TAC
2 645 000
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
Special conditions:
Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:
Division 58.4.2 west of 55° E
(KRI/*F-42W)
260 000
Division 58.4.2 east of 55° E
(KRI/*F-42E)
192 000
Species
:
Humped rockcod
Gobionotothen gibberifrons
Zone
:
FAO 48.3 Antarctic
(NOG/F483.)
TAC
1 470 (8)
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
:
Grey rockcod
Lepidonotothen squamifrons
Zone
:
FAO 48.3 Antarctic
(NOS/F483.)
TAC
300 (9)
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
:
Grey rockcod
Lepidonotothen squamifrons
Zone
:
FAO 58.5.2 Antarctic
(NOS/F5852.)
TAC
80 (10)
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
:
Grenadiers
Macrourus spp.
Zone
:
FAO 58.5.2 Antarctic
(GRV/F5852.)
TAC
360 (11)
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
:
Grenadiers
Macrourus spp.
Zone
:
FAO 48.3 Antarctic
(GRV/F483.)
TAC
120 (12)
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
:
Marbled rockcod
Notothenia rossii
Zone
:
FAO 48.3 Antarctic
(NOR/F483.)
TAC
300 (13)
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
:
Crabs
Paralomis spp.
Zone
:
FAO 48.3 Antarctic
(PAI/F483.)
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
:
South Georgia icefish
Pseudochaenichthys georgianus
Zone
:
FAO 48.3 Antarctic
(SGI/F483.)
TAC
300 (14)
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
:
Skates and rays
Rajiformes
Zone
:
FAO 58.5.2 Antarctic
(SRX/F5852.)
TAC
120 (15)
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
:
Skates and rays
Rajiformes
Zone
:
FAO 48.3 Antarctic
(SRX/F483.)
TAC
120 (16)
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
:
Other species
Zone
:
FAO 58.5.2 Antarctic
(OTH/F5852.)
TAC
50 (17)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
(1) For the purpose of this TAC, the area open to the fishery is specified as that portion of FAO statistical division 58.5.2 that lies within the area enclosed by a line:
—
starting at the point where the meridian of longitude 72° 15′ E intersects the Australia-France Maritime Delimitation Agreement Boundary then south along the meridian to its intersection with the parallel of latitude 53° 25′ S,
—
then east along that parallel to its intersection with the meridian of longitude 74° E,
—
then northeasterly along the geodesic to the intersection of the parallel of latitude 52° 40′ S and the meridian of longitude 76° E,
—
then north along the meridian to its intersection with the parallel of latitude 52° S,
—
then northwesterly along the geodesic to the intersection of the parallel of latitude 51° S with the meridian of longitude 74° 30′ E, and
—
then southwesterly along the geodesic to the point of commencement.
(2) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(3) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(4) This TAC is applicable for longline fishery for the period from 16 April to 31 August 2014 and for pot fishery for the period from 1 December 2013 to 30 November 2014.
(5) This TAC is applicable within the area bounded by latitudes 55° 30′ S and 57° 20′ S and by longitudes 25° 30′ W and 29° 30′ W.
(6) This TAC is applicable within the area bounded by latitudes 57° 20′ S and 60° 00′ S and by longitudes 24° 30′ W and 29° 00′ W.
(7) This TAC is applicable for west of 79° 20′ E only. Fishing east of this meridian within this zone is prohibited.
(8) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(9) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(10) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(11) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(12) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(13) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(14) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(15) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(16) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
(17) Exclusively for by-catches. No directed fisheries are permitted under this TAC.
ANNEX IF
SOUTH-EAST ATLANTIC OCEAN SEAFO CONVENTION AREA
These TACs are not allocated to the members of SEAFO and hence the Union's share is undetermined. Catches are monitored by the Secretariat of SEAFO, who will communicate when fishing shall cease due to TAC exhaustion.
Species
:
Alfonsinos
Beryx spp.
Zone
:
SEAFO
(ALF/SEAFO)
TAC
Precautionary TAC
Species
:
Deep-sea red crab
Chaceon spp.
Zone
:
SEAFO Sub-Division B1 (1)
(GER/F47NAM)
TAC
Precautionary TAC
Species
:
Deep-sea red crab
Chaceon spp.
Zone
:
SEAFO, excluding Sub-Division B1
(GER/F47X)
TAC
Precautionary TAC
Species
:
Patagonian toothfish
Dissostichus eleginoides
Zone
:
SEAFO Sub-Area D
(TOP/F47D)
TAC
Precautionary TAC
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
SEAFO Sub-Division B1 (2)
(ORY/F47NAM)
TAC
Precautionary TAC
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
SEAFO, excluding Sub-Division B1
(ORY/F47X)
TAC
Precautionary TAC
(1) For the purpose of this TAC, the area open to the fishery is defined as having:
—
its western boundary on the longitude 0° E,
—
its northern boundary on the latitude 20° S,
—
its southern boundary on the latitude 28° S, and
—
the eastern boundary outer limits of the Namibian EEZ.
(2) For the purpose of this Annex, the area open to the fishery is defined as having:
—
its western boundary on the longitude 0° E,
—
its northern boundary on the latitude 20° S,
—
its southern boundary on the latitude 28° S, and
—
the eastern boundary outer limits of the Namibian EEZ.
ANNEX IG
SOUTHERN BLUEFIN TUNA – ALL AREAS
Species
:
Southern bluefin tuna
Thunnus maccoyii
Zone
:
All areas
(SBF/F41-81)
Union
10 (1)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.
TAC
12 449
(1) Exclusively for by-catches. No directed fisheries are permitted under this quota.
ANNEX IH
WCPFC CONVENTION AREA
Species
:
Swordfish
Xiphias gladius
Zone
:
WCPFC Convention Area south of 20° S
(SWO/F7120S)
Union
3 170,36
Precautionary TAC
TAC
Not relevant
ANNEX IJ
SPRFMO CONVENTION AREA
Species
:
Jack mackerel
Trachurus murphyi
Zone
:
SPRFMO Convention Area
(CJM/SPRFMO)
Germany
7 808,07 (1)
Analytical TAC
Article 3 of Regulation (EC) No 847/96 shall not apply
Article 4 of Regulation (EC) No 847/96 shall not apply
The Netherlands
8 463,14 (1)
Lithuania
5 433,05 (1)
Poland
9 341,74 (1)
Union
31 046 (1)
TAC
Not relevant
(1) Provisional quota pending the outcome of the second annual meeting of the SPRFMO Commission scheduled on 27-31 January 2014.
ANNEX IIA
FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN COD, PLAICE AND SOLE STOCKS IN ICES DIVISIONS IIIA, VIA, VIIA, VIID, ICES SUBAREA IV AND UNION WATERS OF ICES DIVISIONS IIA AND VB
1. Scope
1.1.
This Annex shall apply to Union vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas specified in point 2 of this Annex.
1.2.
This Annex shall not apply to vessels of less than 10 metres' length overall. Those vessels shall not be required to carry fishing authorisations issued in accordance with Article 7 of Regulation (EC) No 1224/2009. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2014, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.
2. Regulated gears and geographical areas
For the purposes of this Annex, the gear groupings referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 ("regulated gear") and the groupings of geographical areas referred to in point 2 of that Annex shall apply.
3. Authorisations
If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it may introduce a prohibition to fish with a regulated gear in any of the geographical areas to which this Annex applies by any of vessels flying its flag which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that area.
4. Maximum allowable fishing effort
4.1.
The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 and in Article 9(2) of Regulation (EC) No 676/2007 for the 2014 management period, i.e. from 1 February 2014 to 31 January 2015, for each of the effort groups of each Member State is set out in Appendix 1 to this Annex.
4.2.
The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 (1) shall not affect the maximum allowable fishing effort set in this Annex.
5. Management
5.1.
Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 9 of Regulation (EC) No 676/2007, Article 4 and Articles 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 35 of Regulation (EC) No 1224/2009.
5.2.
A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State concerned may reallocate effort between individual vessels or groups of vessels.
5.3.
If a Member State authorises vessels flying its flag to be present within an area by hours, it shall continue measuring the consumption of days in accordance with the conditions referred to in point 5.1. Upon request by the Commission, the Member State concerned shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.
6. Fishing effort report
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the geographical areas referred to in point 2 of this Annex.
7. Communication of relevant data
Member States shall transmit to the Commission the data on fishing effort deployed by their fishing vessels in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009. These data shall be transmitted via the Fisheries Data Exchange System or any future data collection system implemented by the Commission.
(1) Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources (OJ L 289, 7.11.2003, p. 1).
Appendix 1 to Annex IIA
Maximum allowable fishing effort in kilowatt days
(a) Kattegat:
Regulated gear
DK
DE
SE
TR1
197 929
4 212
16 610
TR2
830 041
5 240
327 506
TR3
441 872
BT1
BT2
GN
115 456
26 534
13 102
GT
22 645
22 060
LL
1 100
25 339
(b) Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat; ICES subarea IV and Union waters of ICES division IIa; ICES division VIId:
Regulated gear
BE
DK
DE
ES
FR
IE
NL
SE
UK
TR1
3 385 928
954 390
1 409
1 505 354
257 266
172 064
6 185 460
TR2
193 676
2 841 906
357 193
6 496 811
10 976
748 027
604 071
5 127 906
TR3
2 545 009
101 316
36 617
1 024
8 482
BT1
1 427 574
1 157 265
29 271
999 808
1 739 759
BT2
5 401 395
79 212
1 375 400
1 202 818
28 307 876
6 116 437
GN
163 531
2 307 977
224 484
342 579
438 664
74 925
546 303
GT
224 124
4 338 315
48 968
14 004
LL
56 312
125 141
110 468
134 880
(c) ICES division VIIa:
Regulated gear
BE
FR
IE
NL
UK
TR1
48 193
33 539
339 592
TR2
10 166
475 649
1 086 399
TR3
1 422
BT1
BT2
843 782
514 584
200 000
111 693
GN
18 255
5 970
GT
LL
70 614
(d) ICES division VIa and Union waters of ICES division Vb:
Regulated gear
BE
DE
ES
FR
IE
UK
TR1
9 320
249 152
1 057 828
428 820
1 033 273
TR2
34 926
14 371
2 972 845
TR3
16 027
BT1
117 544
BT2
3 801
4 626
GN
35 442
13 836
302 917
5 697
213 454
GT
1 953
LL
1 402 142
184 354
4 250
630 040
ANNEX IIB
FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES DIVISIONS VIIIC AND IXA EXCLUDING THE GULF OF CÁDIZ
CHAPTER I
General provisions
1. Scope
This Annex shall apply to Union vessels of 10 metres' length overall or more carrying on board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom longlines in accordance with Regulation (EC) No 2166/2005, and present in ICES divisions VIIIc and IXa excluding the Gulf of Cádiz.
2. Definitions
For the purposes of this Annex:
(a)
'gear grouping' means the grouping consisting of the following two gear categories:
(i)
trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and
(ii)
gill-nets of mesh size equal to or larger than 60 mm and bottom longlines;
(b)
'regulated gear' means any of the two gear categories belonging to the gear grouping;
(c)
'area' means ICES divisions VIIIc and IXa excluding the Gulf of Cádiz;
(d)
'2014 management period' means the period from 1 February 2014 to 31 January 2015;
(e)
'special conditions' means the special conditions set out in point 6.1.
3. Limitation in activity
Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board any regulated gear, Union vessels flying its flag shall be present within the area for no more than the number of days specified in Chapter III of this Annex.
CHAPTER II
Authorisations
4. Authorised vessels
4.1.
A Member State shall not authorise fishing with a regulated gear in the area by any of vessels flying its flag which have no record of such fishing activity in the years 2002 to 2013 in the area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area.
4.2.
A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea in accordance with point 11 or 12 of this Annex.
CHAPTER III
Number of days present within the area allocated to union vessels
5. Maximum number of days
5.1.
During the 2014 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.
5.2.
If a vessel is able to demonstrate that its hake catches represent less than 4 % of the total live weight of fish caught in a given fishing trip, the flag Member State of the vessel shall be allowed not to count the days at sea associated with that fishing trip against the applicable maximum number of days at sea as set out in Table I.
6. Special conditions for the allocation of days
6.1.
For the purposes of fixing the maximum number of days at sea an Union vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I:
(a)
the total landings of hake in the year 2011 or 2012 made by the vessel concerned shall represent less than 5 tonnes according to the landings in live weight; and
(b)
the total landings of Norway lobster in the year 2011 or 2012 made by the vessel concerned shall represent less than 2,5 tonnes according to the landings in live weight.
6.2.
If a vessel benefits from an unlimited number of days as a result of its compliance with the special conditions, the vessel's landings in the 2014 management period shall not exceed 5 tonnes of the total landings in live weight of hake and 2,5 tonnes of the total landings in live weight of Norway lobster.
6.3.
When either of the special conditions is not met by a vessel, that vessel shall, with immediate effect, no longer be entitled to the allocation of days corresponding to the given special condition.
6.4.
The application of the special conditions referred to in point 6.1. may be transferred from one vessel to one or more other vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in any year of its operation a record of landings of hake and Norway lobster higher than the quantities specified in point 6.1.
Table I
Maximum number of days a vessel may be present within the area by fishing gear per year
Special condition
Regulated gear
Maximum number of days
Bottom trawls, Danish seines and similar trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom longlines
ES
FR
PT
6.1.(a) and 6.1.(b)
Bottom trawls, Danish seines and similar trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom longlines
Unlimited
7. Kilowatt day system
7.1.
A Member State may manage its fishing effort allocations in accordance with a kilowatt days system. Through that system it may authorise any vessel concerned by any regulated gear and special conditions as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear and to the special conditions is respected.
7.2.
This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear and, where applicable, the special conditions. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if point 7.1. were not applied. For as long as the number of days is unlimited according to Table I, the relevant number of days the vessel would benefit from is 360.
7.3.
A Member State wishing to benefit from the system referred to in point 7.1. shall submit a request to the Commission, with reports in electronic format containing, for the regulated gear and special conditions as laid down in Table I, the details of the calculation based on:
(a)
list of vessels authorised to fish by indicating their Union fishing fleet register number (CFR) and their engine power;
(b)
track record of 2011 and 2012 for such vessels reflecting the catch composition defined in the special condition referred to in point 6.1.(a) or (b), if these vessels are qualified for such special conditions;
(c)
the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.1.
7.4.
On the basis of that request, the Commission shall assess whether the conditions referred to in point 7 are complied with and, where applicable, may authorise that Member State to benefit from the system referred to in point 7.1.
8. Allocation of additional days for permanent cessation of fishing activities
8.1.
An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of permanent cessations of fishing activities that have taken place between 1 February 2013 and 31 January 2014 either in accordance with Article 23 of Regulation (EC) No 1198/2006 (1) or Regulation (EC) No 744/2008 (2). Permanent cessations resulting from any other circumstances may be considered by the Commission on a case-by-case basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.
8.2.
The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the regulated gear shall be divided by the effort expended by all vessels using that gear during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from that calculation shall be rounded to the nearest whole day.
8.3.
Points 8.1. and 8.2. shall not apply where a vessel has been replaced in accordance with point 3 or 6.4., or when the withdrawal has already been used in previous years to obtain additional days at sea.
8.4.
A Member State wishing to benefit from the allocations referred to in point 8.1. shall submit a request to the Commission, by 15 June 2014, with reports in electronic format containing, for the gear grouping and special conditions as laid down in Table I, the details of the calculation based on:
(a)
lists of withdrawn vessels with their Union fishing fleet register number (CFR) and their engine power;
(b)
the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and, if necessary, special conditions.
8.5.
On the basis of such a request by a Member State the Commission may, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5.1. for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
8.6.
During the 2014 management period, a Member State may re-allocate those additional days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears. Additional days stemming from a withdrawn vessel that benefited from a special condition referred to in point 6.1.(a) or (b) may not be allocated to a vessel remaining active that does not benefit from a special condition.
8.7.
When the Commission allocates additional days at sea due to a permanent cessation of fishing activities during the 2014 management period, the maximum number of days per Member State and gear shown in Table I shall be adjusted accordingly for the 2014 management period.
9. Allocation of additional days for enhanced scientific observer coverage
9.1.
Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and shall go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008 (3) and its implementing rules for national programmes.
9.2.
Scientific observers shall be independent from the owner, the master of the vessel and any crew member.
9.3.
A Member State wishing to benefit from the allocations referred to in point 9.1. shall submit a description of its enhanced scientific observer coverage programme to the Commission for approval.
9.4.
On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate the Member State concerned a number of days additional to that referred to in point 5.1. for that Member State and for the vessels, the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
9.5.
If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.
CHAPTER IV
Management
10. General obligation
Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 8 of Regulation (EC) No 2166/2005 and Articles 26 to 35 of Regulation (EC) No 1224/2009.
11. Management periods
11.1.
A Member State may divide the days present within the area set out in Table I into management periods of durations of one or more calendar months.
11.2.
The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.
11.3.
Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 10. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area before the end of a 24-hour period.
CHAPTER V
Exchanges of fishing effort allocations
12. Transfer of days between fishing vessels flying the flag of a member state
12.1.
A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Union fishing fleet register.
12.2.
The total number of days present within the area transferred in accordance with point 12.1., multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel's average annual days track record in the area as verified by the fishing logbook in the years 2011 and 2012 multiplied by the engine power in kilowatts of that vessel.
12.3.
The transfer of days as described in point 12.1. shall be permitted between vessels operating with any regulated gear and during the same management period.
12.4.
The transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special conditions.
12.5.
On request from the Commission, Member States shall provide information on the transfers that have taken place. The format of spreadsheets for the collection and transmission of information referred to in this point may be established by the Commission, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
13. Transfer of days between fishing vessels flying the flag of different member states
Member States may permit the transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.1. and 4.2. and 12 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission, before the transfer takes place, of the details of the transfer, including the number of days to be transferred, the fishing effort and, where applicable, the fishing quotas relating thereto.
CHAPTER VI
Reporting obligations
14. Fishing effort report
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area specified in point 2 of this Annex.
15. Collection of relevant data
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kilowatt days.
16. Communication of relevant data
Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in point 15 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission's request, send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2013 and 2014 management periods, using the data format specified in Tables IV and V.
Table II
Reporting format kW-day information by year
Member State
Gear
Year
Cumulative effort declaration
(1)
(2)
(3)
(4)
Table III
Data format kW-day information by year
Name of field
Maximum number of characters/digits
Alignment (4)
L(eft)/R(ight)
Definition and comments
(1)
Member State
Member State (Alpha-3 ISO code) in which the vessel is registered
(2)
Gear
One of the following gear types:
TR
=
trawls, Danish seines and similar gear ≥ 32 mm
GN
=
gillnets ≥ 60 mm
LL
=
bottom longlines
(3)
Year
Either 2006 or 2007 or 2008 or 2009 or 2010 or 2011 or 2012 or 2013 or 2014
(4)
Cumulative effort declaration
R
Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the relevant year
Table IV
Reporting format for vessel-related information
Member State
CFR
External marking
Length of management period
Gear notified
Special condition applying to notified gear(s)
Days eligible using notified gear(s)
Days spent with notified gear(s)
Transfer of days
No 1
No 2
No 3
…
No 1
No 2
No 3
…
No 1
No 2
No 3
…
No 1
No 2
No 3
…
(1)
(2)
(3)
(4)
(5)
(5)
(5)
(5)
(6)
(6)
(6)
(6)
(7)
(7)
(7)
(7)
(8)
(8)
(8)
(8)
(9)
Table V
Data format for vessel-related information
Name of field
Maximum number of characters/digits
Alignment (5) L(eft)/R(ight)
Definition and comments
(1)
Member State
Member State (Alpha-3 ISO code) in which vessel is registered
(2)
CFR
Union fishing fleet register number (CFR)
Unique identification number of a fishing vessel
Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros shall be inserted on the left hand side
(3)
External marking
L
Under Regulation (EEC) No 1381/87 (6)
(4)
Length of management period
L
Length of the management period measured in months
(5)
Gears notified
L
One of the following gear types:
TR
=
trawls, Danish seines and similar gear ≥ 32 mm
GN
=
gillnets ≥ 60 mm
LL
=
bottom longlines
(6)
Special condition applying to notified gear(s)
L
Indication of which, if any, of the special condition referred to in point 6.1.(a) or (b) of Annex IIB that apply
(7)
Days eligible using notified gear(s)
L
Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified
(8)
Days spent with notified gear(s)
L
Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period
(9)
Transfers of days
L
For days transferred indicate '– number of days transferred' and for days received indicate '+ number of days transferred'
(1) Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, p. 1).
(2) Council Regulation (EC) No 744/2008 of 24 July 2008 instituting a temporary specific action aiming to promote the restructuring of the European Community fishing fleets affected by the economic crisis (OJ L 202, 31.7.2008, p. 1).
(3) Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).
(4) Information relevant for transmission of data by fixed-length formatting.
(5) Information relevant for transmission of data by fixed-length formatting.
(6) Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (OJ L 132, 21.5.1987, p. 9).
ANNEX IIC
FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF WESTERN CHANNEL SOLE STOCKS IN ICES DIVISION VIIe
CHAPTER I
General provisions
1. Scope
1.1.
This Annex shall apply to Union vessels of 10 metres length overall or more carrying on board or deploying beam trawls of mesh size equal to or greater than 80 mm and static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to or less than 220 mm in accordance with Regulation (EC) No 509/2007, and present in ICES division VIIe. For the purposes of this Annex, a reference to the 2014 management period means the period from 1 February 2014 to 31 January 2015.
1.2.
Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole per year during the three previous years, according to their fishing records, shall be exempt from the application of this Annex subject to the following conditions:
(a)
such vessels catch less than 300 kg live weight of sole during the 2014 management period;
(b)
such vessels do not tranship any fish at sea to another vessel;
(c)
by 31 July 2014 and 31 January 2015 each Member State concerned make a report to the Commission on these vessels' catch records for sole in the three previous years as well as on catches of sole in 2014.
Where any of these conditions is not met, the vessels concerned shall, with immediate effect, cease to be exempt from the application of this Annex.
2. Definitions
For the purposes of this Annex the following definitions shall apply:
(a)
'gear grouping' means the grouping consisting of the following two gear categories:
(i)
beam trawls of mesh size equal to or greater than 80 mm and
(ii)
static nets, including gill-nets, trammel nets and tangle-nets, with mesh size equal to or less than 220 mm;
(b)
'regulated gear' means any of the two gear categories belonging to the gear grouping;
(c)
'area' means ICES division VIIe;
(d)
'2014 management period' means the period from 1 February 2014 to 31 January 2015.
3. Limitation in activity
Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board any regulated gear, Union vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in Chapter III of this Annex.
CHAPTER II
Authorisations
4. Authorised vessels
4.1
A Member State shall not authorise fishing with a regulated gear in the area by any of vessels flying its flag which have no record of such fishing activity in the years 2002 to 2013 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area.
4.2
However, a vessel with a track record of using a regulated gear may be authorised to use a different fishing gear, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the regulated gear.
4.3
A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea in accordance with point 10 or 11 of this Annex.
CHAPTER III
Number of days present within the area allocated to union vessels
5. Maximum number of days
During the 2014 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.
Table I
Maximum number of days a vessel may be present within the area by category of regulated gear per year
Regulated gear
Maximum number of days
Beam trawls of mesh size ≥ 80 mm
BE
FR
UK
Static nets with mesh size ≤ 220 mm
BE
FR
UK
6. Kilowatt day system
6.1.
During the 2014 management period, a Member State may manage its fishing effort allocations in accordance with a kilowatt days system. Through that system it may authorise any vessel concerned by any regulated gear as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear is respected.
6.2.
This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if point 6.1. were not applied.
6.3.
A Member State wishing to benefit from the system referred to in point 6.1. shall submit a request to the Commission, with reports in electronic format containing, for the regulated gear as laid down in Table I, the details of the calculation based on:
(a)
list of vessels authorised to fish by indicating their Union fishing fleet register number (CFR) and their engine power;
(b)
the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 6.1.
6.4.
On the basis of that request, the Commission shall assess whether the conditions referred to in point 6 are complied with and, where applicable, may authorise that Member State to benefit from the system referred to in point 6.1.
7. Allocation of additional days for permanent cessation of fishing activities
7.1.
An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 either in accordance with Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008. Permanent cessations resulting from any other circumstances may be considered by the Commission on a case-by-case basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.
7.2.
The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using a given gear grouping shall be divided by the effort expended by all vessels using that gear grouping during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from that calculation shall be rounded to the nearest whole day.
7.3.
Points 7.1.and 7.2. shall not apply where a vessel has been replaced in accordance with point 4.2., or when the withdrawal has already been used in previous years to obtain additional days at sea.
7.4.
A Member State wishing to benefit from the allocations referred to in point 7.1. shall submit a request to the Commission, by 15 June 2014, with reports in electronic format containing for the gear grouping as laid down in Table I, the details of the calculation based on:
(a)
lists of withdrawn vessels with their Union fishing fleet register number (CFR) and their engine power;
(b)
the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears.
7.5.
On the basis of such a request by a Member State the Commission may, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5 for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
7.6.
During the 2014 management period, a Member State may re-allocate those additional days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears.
7.7.
Any additional number of days resulting from a permanent cessation of fishing activities allocated by the Commission for the 2013 management period shall be included in the maximum number of days per Member State shown in Table I and shall be allocated to the gear groupings in Table I. These additional days shall be subject to the adjustment in days at sea ceilings resulting from this Regulation for the 2014 management period.
7.8.
By way of derogation from points 7.1 to 7.5, the Commission may exceptionally grant a Member State an allocation of additional days during the 2014 management period on the basis of permanent cessations of fishing activities that have taken place from 1 February 2004 to 31 January 2013, provided that they have not been already included in any request for additional days during that period.
8. Allocation of additional days for enhanced scientific observer coverage
8.1.
Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated between 1 February 2014 and 31 January 2015 to a Member State by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008 and its implementing rules for national programmes.
8.2.
Scientific observers shall be independent from the owner, the master of the fishing vessel and any crew member.
8.3.
A Member State wishing to benefit from the allocations referred to in point 8.1. shall submit a description of its enhanced scientific observer coverage programme to the Commission for approval.
8.4.
On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate the Member State concerned a number of days additional to that referred to in point 5 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
8.5.
If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.
CHAPTER IV
Management
9. General obligation
Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
10. Management periods
10.1.
A Member State may divide the days present within the area set out in Table I into management periods of durations of one or more calendar months.
10.2.
The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.
10.3.
Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 9. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area before the end of a 24-hours period.
CHAPTER V
Exchanges of fishing effort allocations
11. Transfer of days between fishing vessels flying the flag of a Member State
11.1.
A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Union fishing fleet register.
11.2.
The total number of days present within the area transferred in accordance with point 11.1., multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel's average annual days track record in the area as verified by the fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.
11.3.
The transfer of days as described in point 11.1. shall be permitted between vessels operating with any regulated gear and during the same management period.
11.4.
On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in this point may be established by the Commission, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
12. Transfer of days between fishing vessels flying the flag of different Member States
Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.2., 4.4., 5, 6 and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission before the transfer takes place, the details of the transfer, including the number of days to be transferred, the fishing effort and, where applicable, the fishing quotas relating thereto.
CHAPTER VI
Reporting obligations
13. Fishing effort report
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area specified in point 2 of this Annex.
14. Collection of relevant data
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kilowatt days.
15. Communication of relevant data
Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in point 14 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission's request, send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2013 and 2014 management periods, using the data format specified in Tables IV and V.
Table II
Reporting format kW-day information by year
Member State
Gear
Year
Cumulative effort declaration
(1)
(2)
(3)
(4)
Table III
Data format kW-day information by year
Name of field
Maximum number of characters/digits
Alignment (1)
L(eft)/R(ight)
Definition and comments
(1)
Member State
Member State (Alpha-3 ISO code) in which the vessel is registered
(2)
Gear
One of the following gear types:
BT
=
beam trawls ≥ 80 mm
GN
=
gillnet 220 mm
TN
=
trammel net or entangling net 220 mm
(3)
Year
Either 2006 or 2007 or 2008 or 2009 or 2010 or 2011 or 2012 or 2013 or 2014
(4)
Cumulative effort declaration
R
Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the relevant year
Table IV
Reporting format for vessel-related information
Member State
CFR
External marking
Length of management period
Gear notified
Days eligible using notified gear(s)
Days spent with notified gear(s)
Transfer of days
No 1
No 2
No 3
…
No 1
No 2
No 3
…
No 1
No 2
No 3
…
(1)
(2)
(3)
(4)
(5)
(5)
(5)
(5)
(6)
(6)
(6)
(6)
(7)
(7)
(7)
(7)
(8)
Table V
Data format for vessel-related information
Name of field
Maximum number of characters/digits
Alignment (2)
L(eft)/R(ight)
Definition and comments
(1)
Member State
Member State (Alpha-3 ISO code) in which vessel is registered
(2)
CFR
Union fishing fleet register number (CFR)
Unique identification number of a fishing vessel
Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros shall be inserted on the left hand side
(3)
External marking
L
Under Regulation (EEC) No 1381/87
(4)
Length of management period
L
Length of the management period measured in months
(5)
Gears notified
L
One of the following gear types:
BT
=
beam trawls ≥ 80 mm
GN
=
gillnet 220 mm
TN
=
trammel net or entangling net 220 mm
(6)
Special condition applying to notified gear(s)
L
Number of days for which the vessel is eligible under Annex IIC for the choice of gears and length of management period notified
(7)
Days spent with notified gear(s)
L
Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period
(8)
Transfers of days
L
For days transferred indicate '– number of days transferred' and for days received indicate '+ number of days transferred'
(1) Information relevant for transmission of data by fixed-length formatting.
(2) Information relevant for transmission of data by fixed-length formatting.
ANNEX IID
Management areas for sandeel in ICES divisions IIa, IIIa and ICES subarea IV
For the purposes of the management of the fishing opportunities of sandeel in ICES divisions IIa, IIIa and ICES subarea IV fixed in Annex IA, the management areas within which specific catch limits apply are defined as shown below and in the Appendix to this Annex:
Sandeel management area
ICES statistical rectangles
31-34 E9-F2; 35 E9-; 36 E9-F4; 37 E9-F5; 38-40-F5; 41-F6
31-34-F4; 35-F6; 36-F8; 37-40-F8; 41-F8
41-F4; 42-43-F9; 44-G0; 45-46-G1; 47 G0
38-40 E7-E9; 41-46 E6-F0
47-51 E6 +-F5; 52 E6-F5
41-43 G0-G3; 44 G1
47-51 E7-E9
Appendix 1 to Annex IID
SANDEEL MANAGEMENT AREAS
ANNEX III
Maximum number of fishing authorisations for union vessels fishing in third-country waters
Area of fishing
Fishery
Number of fishing authorisations
Allocation of fishing authorisations amongst Member States
Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen
Herring, north of 62° 00′ N
To be established
To be established
To be established
Demersal species, north of 62° 00′ N
To be established
To be established
To be established
Mackerel
Not relevant
Not relevant
To be established (1)
Industrial species, south of 62° 00′ N
To be established
To be established
To be established
(1) Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice.
ANNEX IV
ICCAT CONVENTION AREA (1)
1.
Maximum number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic
Spain
France
Union
2.
Maximum number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean
Spain
France
Italy
Cyprus
Malta
Union
3.
Maximum number of Union vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes
Croatia
Italy
Union
4.
Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean
Table A
Number of fishing vessels (2)
Cyprus
Greece (3)
Croatia
Italy
France
Spain
Malta (4)
Purse Seiners
Longliners
4 (5)
Baitboat
Handline
Trawler
Other artisanal (6)
Table B
Total capacity in gross tonnage
Cyprus
Croatia
Greece
Italy
France
Spain
Malta
Purse Seiners
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Longliners
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Baitboats
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Handlines
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Trawlers
To be established
To be established
To be established
To be established
To be established
To be established
To be established
Other artisanal
To be established
To be established
To be established
To be established
To be established
To be established
To be established
5.
Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State
Number of traps
Spain
Italy
Portugal
1 (7)
6.
Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean
Table A
Maximum tuna farming capacity and fattening capacity
Number of farms
Capacity (in tonnes)
Spain
11 852
Italy
13 000
Greece
2 100
Cyprus
3 000
Croatia
7 880
Malta
12 300
Table B
Maximum input of wild caught bluefin tuna (in tonnes)
Spain
5 855
Italy
3 764
Greece
Cyprus
2 195
Croatia
2 947
Malta
8 768
(1) The numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.
(2) The numbers in this Table A of section 4 may be further increased, provided that the international obligations of the Union are complied with.
(3) One medium size purse seiner may be replaced by no more than 10 longline vessels.
(4) One medium size purse seiner may be replaced by no more than 10 longline vessels.
(5) Polyvalent vessels, using multi-gear equipment.
(6) Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).
(7) This number may be further increased, provided that the international obligations of the Union are complied with.
ANNEX V
CCAMLR CONVENTION AREA
PART A
PROHIBITION OF DIRECTED FISHING IN CCAMLR CONVENTION AREA
Target species
Zone
Period of prohibition
Sharks (all species)
Convention Area
From 1 January to 31 December 2014
Notothenia rossii
FAO 48.1. Antarctic, in the Peninsula Area
FAO 48.2. Antarctic, around the South Orkneys
FAO 48.3. Antarctic, around South Georgia
From 1 January to 31 December 2014
Finfish
FAO 48.1. Antarctic (1)
FAO 48.2. Antarctic (1)
From 1 January to 31 December 2014
Gobionotothen gibberifrons
Chaenocephalus aceratus
Pseudochaenichthys georgianus
Lepidonotothen squamifrons
Patagonotothen guntheri
Electrona carlsbergi (1)
FAO 48.3.
From 1 January to 31 December 2014
Dissostichus spp.
FAO 48.5. Antarctic
From 1 December 2013 to 30 November 2014
Dissostichus spp.
FAO 88.3. Antarctic (1)
FAO 58.5.1. Antarctic (1) (2)
FAO 58.5.2. Antarctic east of 79° 20′ E and outside the EEZ to the west of 79° 20′ E (1)
FAO 58.4.4. Antarctic (1) (2)
FAO 58.6. Antarctic (1)
FAO 58.7. Antarctic (1)
From 1 January to 31 December 2014
Lepidonotothen squamifrons
FAO 58.4.4 (1) (2)
From 1 January to 31 December 2014
All species except Champsocephalus gunnari and Dissostichus eleginoides
FAO 58.5.2. Antarctic
From 1 December 2013 to 30 November 2014
Dissostichus mawsoni
FAO 48.4. Antarctic (1) within the area bounded by latitudes 55° 30′ S and 57° 20′ S and by longitudes 25° 30′ W and 29° 30′ W
From 1 January to 31 December 2014
PART B
TACs AND BY-CATCH LIMITS FOR EXPLORATORY FISHERIES IN THE CCAMLR CONVENTION AREA IN 2013/14
Subarea/Division
Region
Season
SSRU
Dissostichus spp. catch limit
(in tonnes)
By-catch catch limit
(in tonnes) (3)
Skates and rays
Macrourus spp.
Other species
58.4.1.
Whole Division
1 December 2013 to 30 November 2014
SSRUs A, B and F: 0
SSRU C: 257 (4)
SSRU D: 42 (4)
SSRU E: 315
SSRU G: 68 (4)
SSRU H: 42 (4)
Total 724
All
Division: 50
All
Division: 116
All
Division: 20
58.4.2.
Whole Division
1 December 2013 to 30 November 2014
SSRUs A, B, C and D: 0
SSRU E: 35
Total 35
All
Division: 50
All
Division: 20
All
Division: 20
58.4.3a.
Whole Division
1 May to 31 August 2014
Total 32
All
Division: 50
All
Division: 20
All
Division: 20
88.1.
Whole Subarea
1 December 2013 to 31 August 2014
SSRUs A, D, E, F and M: 0
SSRUs B, C and G: 397
SSRUs H, I and K: 2 247
SSRUs J and L: 357
Total 3 044
SSRUs A, D, E, F and M: 0
SSRUs B, C and G: 50
SSRUs H, I and K: 112
SSRUs J and L: 50
SSRUs A, D, E, F and M: 0
SSRUs B, C and G: 40
SSRUs H, I and K: 320
SSRUs J and L: 70
SSRUs A, D, E, F and M: 0
SSRUs B, C and G: 60
SSRUs H, I and K: 60
SSRUs J and L: 40
88.2.
South of 65° S
1 December 2013 to 31 August 2014
SSRUs A, B and I: 0
SSRUs C, D, E, F and G: 124
SSRU H: 266
Total 390
SSRUs A, B and I: 0
SSRUs C, D, E, F and G: 50
SSRU H: 50
SSRUs A, B and I: 0
SSRUs C, D, E, F and G: 20
SSRU H: 42
SSRUs A, B and I: 0
SSRUs C, D, E, F and G: 100
SSRU H: 20
Appendix to Annex V, Part B
LIST OF SMALL-SCALE RESEARCH UNITS (SSRUs)
Region
SSRU
Boundary line
48.6
A
From 50° S 20° W, due east to 1°30′ E, due south to 60° S, due west to 20° W, due north to 50° S.
B
From 60° S 20° W, due east to 10° W, due south to coast, westward along coast to 20° W, due north to 60° S.
C
From 60° S 10° W, due east to 0° longitude, due south to coast, westward along coast to 10° W, due north to 60° S.
D
From 60° S 0° longitude, due east to 10° E, due south to coast, westward along coast to 0° longitude, due north to 60° S.
E
From 60° S 10° E, due east to 20° E, due south to coast, westward along coast to 10° E, due north to 60° S.
F
From 60° S 20° E, due east to 30° E, due south to coast, westward along coast to 20° E, due north to 60° S.
G
From 50° S 1° 30′ E, due east to 30° E, due south to 60° S, due west to 1° 30′ E, due north to 50° S.
58.4.1
A
From 55° S 86° E, due east to 150° E, due south to 60° S, due west to 86° E, due north to 55° S.
B
From 60° S 86° E, due east to 90° E, due south to coast, westward along coast to 80° E, due north to 64° S, due east to 86° E, due north to 60° S.
C
From 60° S 90° E, due east to 100° E, due south to coast, westward along coast to 90° E, due north to 60° S.
D
From 60° S 100° E, due east to 110° E, due south to coast, westward along coast to 100° E, due north to 60° S.
E
From 60° S 110° E, due east to 120° E, due south to coast, westward along coast to 110° E, due north to 60° S.
F
From 60° S 120° E, due east to 130° E, due south to coast, westward along coast to 120° E, due north to 60° S.
G
From 60° S 130° E, due east to 140° E, due south to coast, westward along coast to 130° E, due north to 60° S.
H
From 60° S 140° E, due east to 150° E, due south to coast, westward along coast to 140° E, due north to 60° S.
58.4.2
A
From 62° S 30° E, due east to 40° E, due south to coast, westward along coast to 30° E, due north to 62° S.
B
From 62° S 40° E, due east to 50° E, due south to coast, westward along coast to 40° E, due north to 62° S.
C
From 62° S 50° E, due east to 60° E, due south to coast, westward along coast to 50° E, due north to 62° S.
D
From 62° S 60° E, due east to 70° E, due south to coast, westward along coast to 60° E, due north to 62° S.
E
From 62° S 70° E, due east to 73° 10′ E, due south to 64° S, due east to 80° E, due south to coast, westward along coast to 70° E, due north to 62° S.
58.4.3a
A
Whole division, from 56° S 60° E, due east to 73°10′ E, due south to 62° S, due west to 60° E, due north to 56° S.
58.4.3b
A
From 56° S 73° 10′ E, due east to 79° E, south to 59° S, due west to 73°10′ E, due north to 56° S.
B
From 60° S 73° 10′ E, due east to 86° E, south to 64° S, due west to 73°10′ E, due north to 60° S.
C
From 59° S 73° 10′ E, due east to 79° E, south to 60° S, due west to 73°10′ E, due north to 59° S.
D
From 59° S 79° E, due east to 86° E, south to 60° S, due west to 79° E, due north to 59° S.
E
From 56° S 79° E, due east to 80° E, due north to 55° S, due east to 86° E, south to 59° S, due west to 79° E, due north to 56°S.
58.4.4
A
From 51° S 40° E, due east to 42° E, due south to 54° S, due west to 40° E, due north to 51° S.
B
From 51° S 42° E, due east to 46° E, due south to 54° S, due west to 42° E, due north to 51° S.
C
From 51° S 46° E, due east to 50° E, due south to 54° S, due west to 46° E, due north to 51° S.
D
Whole division excluding SSRUs A, B, C, and with outer boundary from 50° S 30° E, due east to 60° E, due south to 62° S, due west to 30° E, due north to 50° S.
58.6
A
From 45° S 40° E, due east to 44° E, due south to 48° S, due west to 40° E, due north to 45° S.
B
From 45° S 44° E, due east to 48° E, due south to 48° S, due west to 44° E, due north to 45° S.
C
From 45° S 48° E, due east to 51° E, due south to 48° S, due west to 48° E, due north to 45° S.
D
From 45° S 51° E, due east to 54° E, due south to 48° S, due west to 51° E, due north to 45° S.
58.7
A
From 45° S 37° E, due east to 40° E, due south to 48° S, due west to 37° E, due north to 45° S.
88.1
A
From 60° S 150° E, due east to 170° E, due south to 65° S, due west to 150° E, due north to 60° S.
B
From 60° S 170° E, due east to 179° E, due south to 66°40′ S, due west to 170° E, due north to 60° S.
C
From 60° S 179° E, due east to 170° W, due south to 70° S, due west to 178° W, due north to 66°40′ S, due west to 179° E, due north to 60° S.
D
From 65° S 150° E, due east to 160° E, due south to coast, westward along coast to 150° E, due north to 65° S.
E
From 65° S 160° E, due east to 170° E, due south to 68° 30′ S, due west to 160° E, due north to 65° S.
F
From 68° 30′ S 160° E, due east to 170° E, due south to coast, westward along coast to 160° E, due north to 68° 30′ S.
G
From 66° 40′ S 170° E, due east to 178° W, due south to 70° S, due west to 178° 50′ E, due south to 70° 50′ S, due west to 170° E, due north to 66°40′ S.
H
From 70° 50′ S 170° E, due east to 178° 50′ E, due south to 73° S, due west to coast, northward along coast to 170° E, due north to 70° 50′ S.
I
From 70° S 178° 50′ E, due east to 170° W, due south to 73° S, due west to 178° 50′ E, due north to 70° S.
J
From 73° S at coast near 170° E, due east to 178° 50′ E, due south to 80° S, due west to 170° E, northward along coast to 73° S.
K
From 73° S 178° 50′ E, due east to 170° W, due south to 76° S, due west to 178° 50′ E, due north to 73° S.
L
From 76° S 178° 50′ E, due east to 170° W, due south to 80° S, due west to 178° 50′ E, due north to 76° S.
M
From 73° S at coast near 169° 30′ E, due east to 170° E, due south to 80° S, due west to coast, northward along coast to 73° S.
88.2
A
From 60° S 170° W, due east to 160° W, due south to coast, westward along coast to 170° W, due north to 60° S.
B
From 60° S 160° W, due east to 150° W, due south to coast, westward along coast to 160° W, due north to 60° S.
C
From 70° 50′ S 150° W, due east to 140° W, due south to coast, westward along coast to 150° W, due north to 70° 50′ S.
D
From 70° 50′ S 140° W, due east to 130° W, due south to coast, westward along coast to 140° W, due north to 70° 50′ S.
E
From 70° 50′ S 130° W, due east to 120° W, due south to coast, westward along coast to 130° W, due north to 70° 50′ S.
F
From 70° 50′ S 120° W, due east to 110° W, due south to coast, westward along coast to 120° W, due north to 70° 50′ S.
G
From 70°50′ S 110° W, due east to 105° W, due south to coast, westward along coast to 110° W, due north to 70° 50′ S.
H
From 65° S 150° W, due east to 105° W, due south to 70° 50′ S, due west to 150° W, due north to 65° S.
I
From 60° S 150° W, due east to 105° W, due south to 65° S, due west to 150°W, due north to 60° S.
88.3
A
From 60° S 105° W, due east to 95° W, due south to coast, westward along coast to 105° W, due north to 60° S.
B
From 60° S 95° W, due east to 85° W, due south to coast, westward along coast to 95° W, due north to 60° S.
C
From 60° S 85° W, due east to 75° W, due south to coast, westward along coast to 85° W, due north to 60° S.
D
From 60° S 75° W, due east to 70° W, due south to coast, westward along coast to 75° W, due north to 60° S.
PART C
ANNEX 21-03/A
NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA
General information
Member: _
Fishing season: _
Name of vessel: _
Expected level of catch (tonne): _
Intended fishing subareas and divisions
This conservation measure applies to notifications of intentions to fish for krill in Subareas 48.1, 48.2, 48.3 and 48.4 and Divisions 58.4.1 and 58.4.2. Intentions to fish for krill in other subareas and divisions must be notified under Conservation Measure 21-02.
Subarea/Division
Tick the appropriate boxes
48.1
48.2
48.3
48.4
58.4.1
58.4.2
Fishing technique:
Tick the appropriate boxes
Conventional trawl
Continuous fishing system
Pumping to clear codend
Other method: Please specify
Product types and methods for direct estimation of green weight of krill caught
Product type
Method for direct estimation of green weight of krill caught, where relevant (refer to Annex 21-03/B) (5)
Whole frozen
Boiled
Meal
Oil
Other product, please specify
Net configuration
Net measurements
Net 1
Net 2
Other net(s)
Net opening (mouth)
Maximum vertical opening (m)
Maximum horizontal opening (m)
Net circumference at mouth (6) (m)
Mouth area (m2)
Panel average mesh size (8) (mm)
Outer (7)
Inner (7)
Outer (7)
Inner (7)
Outer (7)
Inner (7)
1st panel
2nd panel
3rd panel
…
Final panel (Codend)
Net diagram(s): _
For each net used, or any change in net configuration, refer to the relevant net diagram in the CCAMLR fishing gear library if available (www.ccamlr.org/node/74407), or submit a detailed diagram and description to the forthcoming meeting of WG-EMM. Net diagrams must include:
1.
Length and width of each trawl panel (in sufficient detail to allow calculation of the angle of each panel with respect to water flow.)
2.
Mesh size (inside measurement of stretched mesh based on the procedure in Conservation Measure 22-01), shape (e.g. diamond shape) and material (e.g. polypropylene).
3.
Mesh construction (e.g. knotted, fused).
4.
Details of streamers used inside the trawl (design, location on panels, indicate ‘nil’ if streamers are not in use); streamers prevent krill fouling the mesh or escaping.
Marine mammal exclusion device
Device diagram(s): _
For each type of device used, or any change in device configuration, refer to the relevant diagram in the CCAMLR fishing gear library if available (www.ccamlr.org/node/74407), or submit a detailed diagram and description to the forthcoming meeting of WG-EMM.
Collection of acoustic data
Provide information on the echosounders and sonars used by the vessel.
Type (e.g. echosounder, sonar)
Manufacturer
Model
Transducer frequencies (kHz)
Collection of acoustic data (detailed description): _
Outline steps which will be taken to collect acoustic data to provide information on the distribution and abundance of Euphausia superba and other pelagic species such as myctophiids and salps (SC-CAMLR-XXX, paragraph 2.10).
ANNEX 21-03/B
GUIDELINES FOR ESTIMATING THE GREEN WEIGHT OF KRILL CAUGHT
Method
Equation (kg)
Parameter
Description
Type
Estimation method
Unit
Holding tank volume
W*L*H*ρ*1 000
W= tank width
Constant
Measure at the start of fishing
m
L= tank length
Constant
Measure at the start of fishing
m
ρ= density of the sample
Variable
Volume-to-mass conversion
kg/ litre
H= depth of krill in tank
Haul-specific
Direct observation
m
Flow meter
V*Fkrill* ρ
V= volume of krill and water combined
Haul (9)-specific
Direct observation
litre
Fkrill= fraction of krill in the sample
Haul (9)-specific
Flow meter volume correction
—
ρ= density of krill in the sample
Variable
Volume-to-mass conversion
kg/ litre
Flow scale
M*(1–F)
M= mass of krill and water combined
Haul (10)-specific
Direct observation
kg
F= fraction of water in the sample
Variable
Flow scale mass correction
—
Mtray= mass of empty tray
Constant
Direct observation prior to fishing
kg
Plate tray
(M–Mtray)*N
M= mean mass of krill and tray combined
Variable
Direct observation, prior to freezing with water drained
kg
N= number of trays
Haul-specific
Direct observation
—
Meal conversion
Mmeal*MCF
Mmeal= mass of meal produced
Haul-specific
Direct observation
kg
MCF= meal conversion factor
Variable
Meal to whole krill conversion
—
Codend volume
W*H*L*ρ*π/4*1 000
W= codend width
Constant
Measure at the start of fishing
m
H= codend height
Constant
Measure at the start of fishing
m
ρ= density of the sample
Variable
Volume-to-mass conversion
kg/ litre
L= codend length
Haul-specific
Direct observation
m
Other
Please specify
Observation steps and frequency
Holding tank volume
At the start of fishing
Measure the width and length of the holding tank (if the tank is not rectangular in shape, then additional measurements may be required; precision ± 0,05 m)
Every month (11)
Estimate the volume-to-mass conversion derived from the drained mass of krill in a known volume (e.g. 10 litres) taken from the holding tank
Every haul
Measure the depth of krill in the tank (if krill are held in the tank between hauls, then measure the difference in depth; precision ± 0,1 m)
Estimate the green weight of krill caught (using equation)
Flow meter
Prior to fishing
Ensure that the flow meter is measuring whole krill (i.e. prior to processing)
Every month (11)
Estimate the volume-to-mass conversion (ρ) derived from the drained mass of krill in a known volume (e.g. 10 litres) taken from the flow meter
Every haul (12)
Obtain a sample from the flow meter and:
measure the volume (e.g. 10 litres) of krill and water combined
estimate the flow meter volume correction derived from the drained volume of krill
Estimate the green weight of krill caught (using equation)
Flow scale
Prior to fishing
Ensure that the flow scale is measuring whole krill (i.e. prior to processing)
Every haul (12)
Obtain a sample from the flow scale and:
measure the mass of krill and water combined
estimate the flow scale mass correction derived from the drained mass of krill
Estimate the green weight of krill caught (using equation)
Plate tray
Prior to fishing
Measure the mass of the tray (if trays vary in design, then measure the mass of each type; precision ± 0,1 kg)
Every haul
Measure the mass of krill and tray combined (precision ± 0,1 kg)
Count the number of trays used (if trays vary in design, then count the number of trays of each type)
Estimate the green weight of krill caught (using equation)
Meal conversion
Every month (11)
Estimate the meal to whole krill conversion by processing 1 000 to 5 000 kg (drained mass) of whole krill
Every haul
Measure the mass of meal produced
Estimate the green weight of krill caught (using equation)
Codend volume
At the start of fishing
Measure the width and height of the codend (precision ± 0,1 m)
Every month (11)
Estimate the volume-to-mass conversion derived from the drained mass of krill in a known volume (e.g. 10 litres) taken from the codend
Every haul
Measure the length of codend containing krill (precision ± 0,1 m)
Estimate the green weight of krill caught (using equation)
(1) Except for scientific research purposes.
(2) Excluding waters subject to national jurisdiction (EEZs).
(3) Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea:
—
skates and rays: 5 % of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greater;
—
Macrourus spp.: 16 % of the catch limit for Dissostichus spp. or 20 tonnes, whichever is greater, except in Statistical Division 58.4.3a and Statistical Subarea 88.1;
—
other species combined: 20 tonnes per SSRU.
(4) Includes a catch limit of 42 tonnes to permit Spain to undertake a depletion experiment in 2013/2014.
(5) If the method is not listed in Annex 21-03/B, then please describe in detail.
(6) Expected in operational conditions.
(7) Size of outer mesh, and inner mesh where a liner is used.
(8) Inside measurement of stretched mesh based on the procedure in Conservation Measure 22-01.
(9) Individual haul when using a conventional trawl, or integrated over a six-hour period when using the continuous fishing system.
(10) Individual haul when using a conventional trawl, or a two-hour period when using the continuous fishing system.
(11) Measured at least monthly (more frequently if feasible); a new monthly period will commence when the vessel moves to a new subarea or division.
(12) Individual haul when using a conventional trawl, or integrated over a six-hour period when using the continuous fishing system.
ANNEX VI
IOTC CONVENTION AREA
1.
Maximum number of Union vessels authorised to fish for tropical tunas in the IOTC Convention Area
Member State
Maximum number of vessels
Capacity (gross tonnage)
Spain
61 364
France
33 604
Portugal
1 627
Union
96 595
2.
Maximum number of Union vessels authorised to fish for swordfish and albacore in the IOTC Convention Area
Member State
Maximum number of vessels
Capacity (gross tonnage)
Spain
11 590
France
5 382
Portugal
6 925
United Kingdom
1 400
Union
25 297
3.
The vessels referred to in point 1 shall also be authorised to fish for swordfish and albacore in the IOTC Convention Area.
4.
The vessels referred to in point 2 shall also be authorised to fish for tropical tunas in the IOTC Convention Area.
ANNEX VII
WCPFC CONVENTION AREA
Maximum number of Union vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
Spain
Union
ANNEX VIII
QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN UNION WATERS
Flag State
Fishery
Number of fishing authorisations
Maximum number of vessels present at any time
Norway
Herring, north of 62° 00′ N
To be established
To be established
Venezuela (1)
Snappers (French Guiana waters)
(1) To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission. |
18.9.2014
EN
Official Journal of the European Union
L 276/43
COMMISSION REGULATION (EU) No 980/2014
of 16 September 2014
establishing a prohibition of fishing for skates and rays in Union waters of IIa and IV by vessels flying the flag of France
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, 16 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
25/TQ43
Member State
France
Stock
SRX/2AC4-C
Species
Skates and rays (Rajiformes)
Zone
Union waters of IIa and IV
Closing date
22.8.2014 |
3.12.2014
EN
Official Journal of the European Union
L 347/1
COUNCIL DECISION
of 21 October 2014
on the conclusion of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws
(2014/866/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 103 und 352, in conjunction with Article 218(6)(a)(v) 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 2013/203/EU (1), the Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws was signed on 17 May 2013, subject to its conclusion.
(2)
The Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws 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 14 of the Agreement (2).
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg 21 October 2014.
For the Council
The President
S. GOZI
(1) Council Decision 2013/203/EU of 22 April 2013 on the signing, on behalf of the European Union, of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws (OJ L 117, 27.4.2013, p. 6).
(2) 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. |
24.6.2014
EN
Official Journal of the European Union
L 183/15
COUNCIL IMPLEMENTING REGULATION (EU) No 693/2014
of 23 June 2014
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
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 36/ 2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria (1), and in particular Article 32(1) thereof,
Whereas:
(1)
On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.
(2)
The information relating to one person listed in Annex II to Regulation (EU) No 36/2012 should be updated.
(3)
In view of the gravity of the situation, twelve persons should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012.
(4)
Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.
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 Luxembourg, 23 June 2014.
For the Council
The President
C. ASHTON
(1) OJ L 16, 19.1.2012, p. 1.
ANNEX
1.
The entry concerning the person listed below, as set out in Section A of Annex II to Regulation (EU) No 36/2012, is replaced by the following entry:
Name
Identifying information
Reasons
Date of listing
‘152.
Dr. Qadri (
) (a.k.a. Kadri) Jamil (
) (a.k.a. Jameel)
Former Vice Prime Minister for Economic Affairs, former Minister of Domestic Trade and Consumer protection. As a former Government Minister, shares responsibility for the regime's violent repression against the civilian population.
16.10.2012’
2.
The following persons are added to the list of natural and legal persons, entities or bodies set out in Section A of Annex II to Regulation (EU) No 36/2012:
Name
Identifying information
Reasons
Date of listing
180.
Ahmad al-Qadri
Date of birth: 1956
Agriculture and Agrarian Reform Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
181.
Suleiman Al Abbas
Oil and Mineral Resources Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
182.
Kamal Eddin Tu'ma
Date of birth: 1959
Industry Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
183.
Kinda al-Shammat
(a.k.a. Shmat)
Date of birth: 1973
Social Affairs Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
184.
Hassan Hijazi
Date of birth: 1964
Labour Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
185.
Ismael Ismael
(a.k.a. Ismail Ismail, or Isma'Il Isma'il)
Date of birth: 1955
Finance Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
186.
Dr Khodr Orfali
(a.k.a. Khud/Khudr Urfali/Orphaly)
Date of birth: 1956
Economy and Foreign Trade Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
187.
Samir Izzat Qadi Amin
Date of birth: 1966
Internal Trade and Consumer Protection Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
188.
Bishr Riyad Yazigi
Date of birth: 1972
Tourism Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
189.
Dr Malek Ali
(a.k.a. Malik)
Date of birth: 1956
Higher Education Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
190.
Hussein Arnous
(a.k.a. Arnus)
Date of birth: 1953
Public Works Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014
191.
Dr Hassib Elias Shammas
(a.k.a. Hasib)
Date of birth: 1957
State Minister. As a Government Minister, shares responsibility for the regime's violent repression against the civilian population.
24.6.2014 |
22.5.2014
EN
Official Journal of the European Union
L 152/18
COMMISSION DECISION
of 22 February 2012
on the State aid No SA.29608 (C37/10) implemented by Hungary for the recapitalisation of FHB Jelzálogbank Nyrt
(notified under document C(2012) 1021)
(Only the English text is authentic)
(Text with EEA relevance)
(2014/296/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments,
Whereas:
I. PROCEDURE
(1)
On 25 March 2009, Hungary granted FHB Jelzálogbank Nyrt (hereinafter ‘FHB’ or the ‘bank’) a mid-term State loan of 120 billion Hungarian Forint (HUF) (approximately EUR 410 million (2)) under the liquidity scheme for Hungarian banks which had been approved by the Commission on 14 January 2010 (3). On 31 March 2009 the Hungarian authorities recapitalised FHB in the sum of HUF 30 billion (approximately EUR 100 million) in the form of newly-issued Special Dividend Preference Shares plus one voting share, granted on 31 March 2009 under the guarantee and recapitalisation scheme approved by the Commission (4).
(2)
By letters dated 3 April, 13 May, 14 July and 11 September 2009, the Commission requested information from the Hungarian authorities regarding the terms of the recapitalisation. The Hungarian authorities replied by letters dated 24 April, 2 June, 12 August and 9 October 2009.
(3)
Because of doubts as to the soundness of the bank at the time of the recapitalisation the Commission requested Hungary on 19 October 2009 to submit a restructuring plan for FHB in line with the Commission's Communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (5) (hereinafter the ‘Restructuring Communication’). Hungary provided further information on 12 and 19 November 2009 and a draft restructuring plan on 26 January 2010.
(4)
On 19 February 2010, FHB repaid the full amount of the recapitalisation to the State.
(5)
By letters dated 24 and 25 March 2010, Hungary submitted further information to the Commission. FHB held a general assembly of shareholders on 21 April 2010, in which FHB decided on the payment of remuneration to the State for the recapitalisation, following which the Commission requested information by letter dated 22 April 2010.
(6)
The Commission requested further information by letters dated 2 June and 1 October 2010. The Hungarian authorities provided additional information by letter of 11 June 2010.
(7)
On 15 June 2010, Hungary submitted an updated restructuring plan, which was supplemented by a further essential data submitted on 30 September 2010.
(8)
The Hungarian authorities submitted further information by letters dated 18 June, 28 July and 5 October 2010 and informed the Commission by letter dated 29 October 2010 that FHB had paid remuneration for the recapitalisation.
(9)
On 16 December 2010 the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (hereinafter the ‘Treaty’) in respect of the aid measures in favour of FHB. Subsequently, the Hungarian authorities requested the Commission to amend that decision as some parts of it were incorrect and not up to date. The decision was therefore replaced by a new decision of 24 January 2011 (6) hereinafter the ‘opening Decision’). By letter dated the 24 January 2011 the Commission informed the Hungarian authorities that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty in respect of the aid measure. The Commission decision to initiate the procedure was published in the Official Journal of the European Union on 18 June 2011. The Commission invited interested parties to submit their comments on the measure.
(10)
By letter dated 2 March 2011, the Hungarian authorities submitted their comments on the Commission opening decision of 24 January 2011, opening a formal investigation procedure with regard to the measure granted to FHB. Those observations were supplemented by comments received from FHB by letter dated 11 July 2011.
(11)
By letter dated 18 July 2011, a third party (the Magyar Jelzálogbank Egyesület — the Association of Hungarian mortgage banks) submitted its comments on the opening decision to the Commission.
(12)
A further update of the restructuring plan and additional information on the repayment of the recapitalisation to the Hungarian State was submitted by the Hungarian authorities on by letter dated 3 October 2011.
(13)
On 15 December 2011, a new agreement was signed between FHB and the Hungarian State, under which the bank committed to pay to the State the remuneration which had initially been agreed in the recapitalisation agreement.
II. DESCRIPTION OF THE BENEFICIARY
1.1. THE BENEFICIARY
(14)
FHB was set up by the State in 1997. The State gradually sold off its stake in FHB. In 2003 FHB was listed on the Budapest Stock Exchange and in August 2007 the State reduced its majority stake in the bank to just over 4 %.
(15)
FHB was originally set up as a mortgage bank in order to promote the use of mortgage bonds. It was subject to strict rules regarding limited activity, collateral and specific supervision in order to ensure the maximum safety of mortgage bonds. FHB was initially allowed only to provide long-term mortgage loans and guarantees in connection to mortgage loans and to conclude some types of derivative transactions to hedge its own position deriving from its mortgage lending activity. Mortgage bonds were the main funding source of its lending activity. The bank also refinanced mortgage loans extended by other banks.
(16)
In 2006, FHB introduced the New Strategic Plan to expand its banking activity and branch network, aiming to widen its funding and operational base by entering the retail market through FHB Commercial Bank. Over time, FHB started selling various retail and corporate loan products, as well as offering account management, deposit-taking and card services, thereby expanding its product range on the liability side.
(17)
FHB is a group consisting of a mother company, FHB Mortgage Bank Co. Plc, and wholly-owned subsidiaries: FHB Commercial Bank Ltd, FHB Service Ltd, FHB Real Estate Ltd and FHB Life Annuity Real Estate Investment Ltd It is active mainly on the mortgage bond market. In that market, FHB has a market share of 23 % (2009) and is the second-largest player on the Hungarian market (after OTP Bank with 74 % market share). FHB has a market share of 4,6 % in the retail mortgages market and 0,6 % in retail deposits.
(18)
When the bank was recapitalised in March 2009, its total balance sheet amounted to HUF 746,2 billion. At the same date, the bank's capital adequacy ratio (hereinafter ‘CAR’) amounted to 10,5 %. The capital injection by the State increased FHB's CAR to 16,1 % at the end of 2009 (computed under Hungarian accounting rules).
1.2. THE CONTEXT
(19)
Hungary is one of the Member States most severely affected by the financial crisis. Years of excess government spending and a credit-fuelled construction and consumption boom led to serious imbalances in the economy even before the crisis. The prevalence of Euro- and Swiss franc-denominated household loans as well as the continued reliance on external financing made the country and its banking sector especially vulnerable to fluctuations in the value of the Hungarian forint, which weakened significantly during the crisis.
(20)
The financial crisis affected Hungary to the point that the International Monetary Fund (hereinafter ‘IMF’), the European Union (hereinafter ‘EU’) and the World Bank had to provide emergency loans to Hungary in November 2008 in order to calm tensions on the country's financial markets.
(21)
As a response to the serious disturbance in the Hungarian economy caused by the crisis, the Hungarian government introduced several measures aimed at supporting the financial sector and financed jointly from IMF/EU/World Bank package. The measures included a liquidity support scheme and a guarantee and recapitalisation scheme.
(22)
The liquidity support scheme (hereinafter the ‘liquidity scheme’), established in the Hungarian Act on Public Finance provides for liquidity in the form of loans to financial institutions. It was approved by the Commission on 14 January 2009 (7) and prolonged several times thereafter, most recently until 31 December 2011 (8).
(23)
By decision of 12 February 2009 (9) the Commission approved the Hungarian guarantee and recapitalisation scheme. Under the scheme, the Hungarian State could subscribe preference shares, which are considered as Tier 1 capital in banks. The recapitalisation part of the scheme has been prolonged several times, most recently until 31 December 2011
(24)
Under the guarantee and recapitalisation scheme if a recapitalisation exceeds 2 % of a bank's risk weighted assets (hereinafter ‘RWA’), the Hungarian authorities must first inform the Commission and provide a detailed assessment on why they believe such a bank should still be regarded as a fundamentally sound institution. If the Commission does not accept the assessment of the bank as fundamentally sound, the recapitalisation may still take place, but the remuneration must be increased in order to reflect the higher risk and a restructuring plan must be submitted to the Commission within six months of the recapitalisation.
Reasons for FHB's difficulties
(25)
Hungary was severely affected by the financial crisis, which, coupled with other internal problems in the banking sector, aggravated the situation for Hungarian banks.
(26)
FHB required State support because, unlike many other Hungarian banks, it did not have a parent company in the Eurozone and thus could not obtain cheap funding provided by the European Central Bank (hereinafter ‘ECB’). The ECB facilities, including various repo facilities, were available in the Eurozone as from autumn 2008. The National Bank of Hungary created a facility in early 2010 but it only increased access to Hungarian forint funding and not to Euro funding, which, according to FHB, was crucial during the hardest time of crisis (10).
(27)
According to the Hungarian authorities, the recapitalisation of FHB was required to ensure the solvency of the bank and to counteract the liquidity difficulties faced by the whole banking sector in Hungary.
III. DESCRIPTION OF THE AID MEASURES
(28)
The aid measures granted by Hungary to FHB, described in the Commission opening decision of 24 January 2011, consist of:
—
A mid-term State loan under the liquidity scheme of HUF 120 billion (approximately EUR 410 million) granted on 25 March 2009, with a maturity date of 11 November 2012;
—
A recapitalisation of HUF 30 billion (approximately EUR 100 million), in the form of newly-issued Special Dividend Preference Shares plus one voting share, granted on 31 March 2009 under the guarantee and recapitalisation scheme.
(29)
A recapitalisation agreement between Hungary and FHB fixed the formula for the calculation of the State's remuneration rate for the shares at 10,49 %, which is in line with the remuneration rate for fundamentally sound banks fixed in the guarantee and recapitalisation scheme, to be paid in the form of dividends. The recapitalisation amounted to 9 % of the RWA of FHB, which is above the 2 % threshold defined in the guarantee and recapitalisation scheme under which the beneficiary institutions can be considered as fundamentally sound. Since the measure was not notified to the Commission before implementation, the Commission had no opportunity to check whether the bank should have been considered as fundamentally sound under the guarantee and recapitalisation scheme. Where the beneficiary is deemed not sound under the guarantee and recapitalisation scheme, a restructuring plan is required and the remuneration rate must reflect the non-fundamentally sound character of the bank, and be higher than the remuneration rate for a fundamentally sound bank.
(30)
In spite of its difficulties, the bank managed to cope well during that period: it had a strong capital position (CAR of 10,5 % in March 2009) and it had a rating of Baa3 by Moody's Investors Service (hereinafter ‘Moody's’) which is still in the investment grade category. In February 2010, less than nine months following the recapitalisation, the bank bought back the Special Dividend Preference Shares held by the State.
(31)
The bank decided to repay the recapitalisation on the basis of a reviewed consolidated current and expected CAR, considering the macroeconomic forecast used in its 2010 planning and the expected volumes, balances and risk information from the bank's 2010 financial plan. The review concluded that despite the global financial crisis, the situation of the bank by the end of the year was remarkably better than expected at the time of the agreement with the Hungarian State on the recapitalisation of the bank in early 2009.
(32)
FHB repaid the recapitalisation to the State and did not pay any remuneration to the State, resulting in a violation of the recapitalisation agreement (11). However, the bank considered that the Special Dividend Preference Shares held by the State were not automatically entitled to the payment of dividends and their preference meant only that the bank had to pay the stated dividend to the State prior to paying dividends on common stock. Given that common shareholders did not receive any dividends in the period during which the State held the Special Dividend Preference Shares, according to the bank there was no obligation to pay preference dividends. Furthermore, FHB argued that in any event the State was not in possession of the Special Dividend Preference Shares when dividends were declared for the year 2009, given that the repurchase of shares took place beforehand.
(33)
FHB informed the Commission that it had participated in the 2010 EU-wide stress test exercise coordinated by the Committee of European Bank Supervisors, in cooperation with the ECB and the Hungarian Financial Supervisory Authority. The stress test was focused on capital adequacy while liquidity risks were not directly stress-tested. The results of the test, based on the consolidated year-end 2009 figures, suggested a buffer of EUR [above 50] million (12) of Tier 1 Capital against the threshold of 6 % of Tier 1 adequacy ratio for FHB.
(34)
By Act CX of 2010 on the Amendment of Certain Acts Pertaining to the Economy and Finance (hereinafter ‘Act CX of 2010’), which entered into force on 21 August 2010, Hungary amended Act CIV of 2008 on the stability of the financial intermediary system (hereinafter the ‘Stabilisation Act’). Act CX of 2010 retroactively created a legal title for the Hungarian State to claim remuneration from FHB concerning the recapitalisation even though the Hungarian State was no longer a shareholder at the time of the FHB shareholders' meeting deciding on the payment of dividends.
(35)
On 28 October 2010, the Hungarian State and FHB signed an agreement according to which FHB was to pay remuneration of HUF 890 million to the Hungarian State for the recapitalisation plus late payment interest of HUF 11 726 786.
(36)
The level of remuneration was allegedly determined on the basis of the terms of the liquidity scheme. The Hungarian authorities argued that the recapitalisation had been provided from the same funding source as the liquidity support in the form of the loan and for those reasons the remuneration for the recapitalisation and for the liquidity support should be the same. The capital was made available to FHB on 6 May 2009 and it was reimbursed on 19 February 2010. The interest rate ultimately applied was the same as the interest rate paid for the loan of approximately EUR 400 million. According to the information provided by Hungary, the monthly average interest rate which resulted amounted to between 3,79 % and 4,08 %; the actual amount was calculated on a weekly basis. According to information provided by Hungarian authorities the total remuneration amount of HUF 890 million was paid at the end of 2010.
(37)
Late payment interests were charged in line with the Hungarian reference rate of 5,97 % as published by the Commission (13), increased by 100 basis points. The late payment interest was calculated for the period from 21 August 2010, when the amended Stabilisation Act entered into force, until 28 October 2010, when the agreement was signed.
(38)
On 15 December 2011, the Hungarian State and FHB entered into a new agreement by which the bank agreed to pay to the State an aggregate amount of 10,49 % of the total recapitalisation amount (i.e. total payment amount of HUF 2 491 742 552). Under that new agreement, FHB thus committed to pay to the State by 31 December 2011 an additional amount of HUF 1 601 742 552, calculated as the difference between the total remuneration amount of HUF 890 million mentioned above in recital 36 and the remuneration that had already been paid on 28 October 2010.
IV. THE RESTRUCTURING PLAN
(39)
On 30 September 2010 Hungary submitted an updated restructuring plan for FHB to the Commission. Additional information on the restructuring plan was submitted to the Commission by letter dated on 3 October 2011. The main aspects of the restructuring plan have been already described in the Commission opening decision. Additional elements were submitted on 3 October 2011 and are described in sections 4.1 to 4.3.
4.1. VIABILITY
(40)
In 2010 the international and domestic economic environment was rather difficult, though there were signs of improvement. In 2010, profitability of the Hungarian banking sector lagged far behind that of the previous year. By virtue of Act XC of 2010 that entered into effect on 13 August 2010, the Hungarian government introduced a special tax payable by financial organisations amounting to a cumulative HUF 187 billion and mainly paid by credit institutions.
(41)
Retail customers' demand for loans was severely reduced throughout 2010; at the same time, the supply side was weakened by unfavourable changes in the regulatory environment and in the market conditions. Corporate lending also suffered overall in the sector, though some banks — including FHB — expanded their corporate activities.
(42)
The most important event concerning both operations and financial results of FHB was its acquisition of Allianz Commercial Bank Ltd (hereinafter ‘Allianz Bank’) and the long-term strategic cooperation agreement between Allianz Hungaria Insurance Co. Ltd (hereinafter ‘Allianz Hungaria Insurance’) and FHB. The acquisition was closed by 30 September 2010. At the same time an integration project was launched in FHB in order to merge Allianz Bank and FHB Commercial Bank and to rationalize and optimize the operations of the entire group (branch network, distribution channels, product portfolio, IT operations, organization structure and HR, etc.).
(43)
The acquisition positively affected FHB Group's net profit for 2010; one-off items related to the acquisition counterbalanced the negative impact of the special banking tax, losses on the loan portfolio and the increasing cost of funding. The total profit of FHB in year 2010 amounted to HUF 11,2 billion, representing an increase of 58,9 % compared to 2009.
(44)
As a result of the acquisition of Allianz Bank the number of retail and corporate bank accounts in FHB significantly increased, from […] in December 2009 to […] in December 2010 (+[…] %). However, due to the large number of dormant accounts, the amount of deposits did not increase proportionately, but increased from HUF […] billion in December 2009 to HUF […] billion in December 2010 (+[…] %). The market share of FHB on the retail and corporate deposit markets, increased respectively from […] % to […] %, and from […] % to […] %. The acquisition of Allianz Bank thus increases the share of deposits in FHB's funding mix and reduces the amount of mortgage bonds from HUF […] billion in 2010 to HUF […] billion in 2011.
(45)
FHB forecast that, based on the estimated consolidated balance sheet and income statement for 2011, its CAR should be around […] % in December 2011. That forecast takes into account the additional payment to be made to the Hungarian State with regard to the recapitalisation carried out in March 2009, which additional payment was made on 15 December 2011 in agreement with the Hungarian State.
4.2. BURDEN-SHARING
(46)
For the recapitalisation of HUF 30 billion, FHB has paid remuneration of HUF 890 million in October 2010. The interest rate originally applied was the same interest rate which was paid for the loan of HUF 120 billion or a monthly average of between 3,79 % and 4,08 %.
(47)
Under the new agreement signed on 15 December 2011 between FHB and the Hungarian State, the bank committed to pay to the State a total remuneration of HUF 2 491 742 552, representing 10,49 % of the recapitalisation amount, as initially agreed between the bank and the State in the recapitalisation agreement.
4.3. MEASURES TO LIMIT DISTORTIONS OF COMPETITION
(48)
The additional information provided in October 2011 did not specifically address distortions of competition, aside from underlining the fact that, despite the purchase of Allianz Bank, the market share of FHB regarding retail and commercial deposits remains limited (at [0,7 %-1,3 %] and [0,4 %-0,95 %], respectively, on 31 December 2010 and [0,65 %-1,3 %] and [1 %-1,35 %], respectively, on 30 June 2011).
V. REASONS FOR THE OPENING OF THE FORMAL PROCEDURE
(49)
The Commission opened a formal investigation procedure because it considered that the main assumptions underlying the restructuring plan and business forecast of FHB were not sufficiently justified and did not take into account the recent purchase by FHB of Allianz Bank. Furthermore, the Commission also expressed doubts as to the long-term viability of FHB given its strong exposure to wholesale funding and the real estate market in Hungary.
(50)
In addition, given the low level of remuneration to the State paid in October 2010 on the recapitalisation amount (corresponding to the average interest rate of 3,79 % to 4,08 % as set out in the liquidity scheme), the Commission also expressed doubts whether the bank's own contribution to its restructuring effort was sufficient. FHB's purchase of Allianz Bank and agreement with Allianz Hungaria Insurance also raised doubts on whether the aid was limited to the minimum amount necessary.
(51)
Finally, the Commission also considered that the Hungarian authorities had not demonstrated that sufficient measures were undertaken in order to limit the distortions of competition caused to the market by the aid received by FHB, in particular in view of its expansion strategy, its recent acquisition of Allianz Bank, and the insufficient remuneration paid for the recapitalisation by the State.
VI. COMMENTS FROM INTERESTED PARTIES
(52)
The Commission received comments from the Association of Hungarian mortgage banks (hereinafter The ‘Association’)on 18 July 2011. In its comments, the Association recalled the scale of the crisis that hit the Hungarian economy and banking sector in 2008-09, and pointed out that the recapitalisation of FHB took place as a result of the difficult macroeconomic environment deriving from the crisis. The State intervention in favour of FHB was aimed at addressing serious risks to the Hungarian mortgage credit sector and the mortgage bond market. Indeed, as a result of vulnerability to currency fluctuation, the strengthening of the Swiss franc against the Hungarian forint decreasing consumer income and the rise in unemployment, there was a rapid and severe degradation of the quality of the mortgage credit stock and an increase in the number of ‘bad credits’ and dwindling funding possibilities for banks. It was especially true in the case of FHB, which is financed from the capital market.
VII. COMMENTS FROM THE MEMBER STATE
(53)
The Commission received observations from the Hungarian authorities on 2 March 2011, supplemented by comments from FHB by letter dated 11 July 2011.
7.1. VIABILITY
(54)
In response to the Commission's doubts on the accuracy of assumptions underlying the bank's restructuring plan, the Hungarian authorities state that financial forecasts are based on external experts' assumptions and are consistent with the information that is available at the time when they were made. In terms of soundness, they are no different from any other financial plans or forecasts made by FHB.
(55)
According to Hungarian authorities, the long-term viability of FHB is ensured as evidenced by the success of FHB in raising funds in both the money and capital markets: in 2009, FHB issued mortgage notes and bonds for over HUF 60 billion and private investors also lent the bank a total of […].
(56)
Furthermore, the Hungarian authorities state that, regarding retail deposit accounts, data reveals that FHB's share in the retail deposit segment rose from […] % to […] % in 2009; the projection for the end of 2010 is for […] %. Further, the number of retail accounts as well as the size of the portfolio of such accounts has been rising consistently and dynamically despite a market projection for a decline in the portfolio. Therefore, the bank and the Hungarian authorities do not consider the projections on retail deposits and retail accounts as over-optimistic.
(57)
As regards FHB's liquidity position, it can be regarded as consistently stable, which is due, inter alia, to the fact that it has to comply with the liquidity requirements prescribed by rating agencies. The bank's liquidity situation was stable even in the most difficult periods of the crisis, which is confirmed by the letter of 19 March 2009 of the Governor of the Hungarian Central Bank to the Minister of Finance.
(58)
Finally, the weakening of the bank's asset quality during the crisis was mainly due to Hungary's macroeconomic situation, dwindling household income, declining employment rates and rising unemployment rate rather than the upward trend of the Swiss franc against the Hungarian forint. Although FHB has launched several schemes aimed at addressing the problems of distressed debtors, the quality of the loan portfolio will be permanently improved primarily by an economic upturn and improved economic indicators. The economic projections of the Hungarian Central Bank and the Hungarian government for 2011 are for growth in Gross Domestic Product (hereinafter ‘GDP’), gradual improvement in employment and a lower rate of unemployment, which is also likely to have a significant impact on FHB's loan portfolio.
7.2. BURDEN-SHARING
(59)
The Hungarian authorities remark that FHB concluded the agreements with Allianz Bank and Allianz Hungaria Insurance after FHB had repaid the State in full on 19 February 2010 for the entire issued value of the shares and redeemed the shares issued during the recapitalisation. The agreements of FHB with Allianz were entered into in June and July 2010 and the acquisition took place in September 2010. At that time, no State funds were held by FHB. Therefore, FHB cannot have financed the acquisition from the recapitalisation repaid in February 2010. The preparatory analyses and discussions between FHB and Allianz started only after the State loan had been repaid. Further, the purchase price that FHB paid for Allianz Bank (with the value of the treasury shares taken into consideration) amounted to approximately HUF 3,3 billion, while Allianz Bank's equity capital was close to HUF 14 billion as at 30 September 2010. Thus, in order to be able to acquire Allianz Bank, FHB did not need any capital, and the transaction did not reduce FHB's equity.
(60)
Furthermore, the fact that the aid was limited to the minimum necessary is reflected in the fact that FHB's CAR, which stood at 11,3 % in 2008, reached the 12 % CAR target, approved by the Commission within the guarantee and capital scheme, only after the recapitalisation.
(61)
The Hungarian authorities also note that FHB has not paid dividends for several years in succession, and it has only purchased back a minor portion of its shares relative to the total value of the shareholder's equity. Accordingly, as the amount of funds returned to owners and shareholders has been low over the past years, an appropriate burden-sharing has been ensured.
7.3. MEASURES TO LIMIT DISTORTIONS OF COMPETITION
(62)
In addition to the measures to limit distortions of competition mentioned by the Commission in its decision, the Hungarian authorities point to additional measures linked with the guarantee and recapitalisation scheme and the recapitalisation agreement between FHB and the Hungarian State:
—
The State is entitled to a special veto right over dividend payments and acquisitions (14); and
—
Some restrictions must be implemented by the bank in respect of the salary, remuneration and benefits of its senior officers until the cessation of the interest of the Hungarian State (15).
(63)
The Hungarian authorities note that, according to their interpretation of State aid rules, those behavioural measures and other measures limiting the distortion of competition are or were binding on FHB for as long as the State was a shareholder of the bank.
(64)
In addition to the measures mentioned above, FHB made further commitments in point 3.8 of the recapitalisation agreement, which sets out that the recapitalisation should be used to reach the following objectives:
—
That FHB performs a capital increase in FHB Commercial Bank;
—
That the recapitalisation contributes to the stabilisation of the Hungarian mortgage note and mortgage loan markets and finances the development of retail lending and lending to SMEs;
—
That the recapitalisation improves the stability of FHB and strengthens its active presence in the capital market, thereby contributing to the restoration of investor confidence;
—
That FHB participates in the consolidation of the above market segments;
—
That FHB optimises its financing structure (liability structure);
—
That FHB expands its toolkit needed to fend off the extreme impacts of macro (exchange rate) risks on the capital side.
(65)
Contrary to the doubts expressed by the Commission, the recapitalisation of FHB was not aimed at distorting competition by expanding the activities of FHB Commercial Bank. The capital increase in the latter was a commitment undertaken in the recapitalisation agreement. The core activity of FHB Commercial Bank, also supported by the HUF 25 billion capital increase financed from the State's recapitalisation, has remained. The corporate loan portfolio has been expanding consistently but not in excess of its earlier trend growth.
(66)
In their view, the foregoing reveals that there is no foundation to the Commission's summary judgement on the measures aimed at limiting the distortion of competition and its claim that ‘these measures are very limited’. Therefore, the Hungarian authorities insist that the recapitalisation agreement met the criteria laid down in both the Stabilisation Act and the relevant Commission Communications.
VIII. ASSESSMENT OF THE AID
8.1. EXISTENCE OF AID
(67)
The Commission has already found in its opening decision of 24 January 2011 that both the recapitalisation and the liquidity support in the form of the loan provided to FHB constitute State aid within the meaning of Article 107(1) of the Treaty (16). Neither the Hungarian State nor FHB have put forward any argument to cast doubt on that finding.
8.2. LEGALITY OF AID
(68)
The Commission has already stated in its opening decision of 24 January 2011 that the recapitalisation in favour of FHB did not comply with the conditions of the guarantee and recapitalisation scheme. In particular it did not respect the requirements to be applied when the capital increase exceeds 2 % of the beneficiary RWA. The measure should thus have been notified to the Commission separately in accordance with the conditions of the guarantee and recapitalisation scheme and with Article 108(3) of the Treaty.
(69)
As a consequence, Hungary unlawfully implemented aid in the form of a recapitalisation in favour of FHB, in breach of Article 108(3) of the Treaty.
8.3. QUANTIFICATION OF AID
(70)
In the context of the restructuring of FHB, all measures granted to it need to be taken into account. Therefore, both the recapitalisation of HUF 30 billion and the liquidity loan of HUF 120 billion need to be taken into account in the compatibility assessment.
8.4. COMPATIBILITY OF THE AID
8.4.1. Legal basis
(71)
As already stated in the Commission's decision of 24 January 2011, given the specific circumstances on the financial markets, the Commission considers that the measures can be examined under Article 107(3)(b) of the Treaty, which states that ‘The following may be considered to be compatible with the internal market: […] aid […] to remedy a serious disturbance in the economy of a Member State’. As the present decision aims at assessing the aid received by FHB and its restructuring plan, the Commission finds it appropriate to base its assessment on communications on the application of State aid rules to the financial sector during the crisis (17). In particular, as regards the assessment of the bank's restructuring plan, it will be based on the Restructuring Communication (18).
8.4.2. Compatibility of the restructuring plan
8.4.2.1. Restoration of the long-term viability of the institution
(72)
In the opening decision (19), the Commission expressed doubts as to the reliability of the assumptions adopted by FHB in its financial projections. The Commission noted that the restructuring plan submitted by FHB in September 2010 did not explain why those assumptions were correct. Furthermore, since the financial projections did not seem to take into account the consequences of the purchase of Allianz Bank and of the agreement with Allianz Hungaria Insurance, the Commission could not consider that the presented projections remain valid. The Commission has also expressed doubts about the assumptions of the bank relying upon a strong growth in deposits.
(73)
Furthermore, the Commission was also concerned about the long-term viability of the bank in view of the business model of FHB, which was deemed vulnerable to liquidity crises due to its strong reliance on wholesale funding and small share of deposits. The Commission considered that the bank's restructuring plan of September 2010, whilst it focused on the capital perspective, did not provide sufficient details on the long-term sustainable funding of the bank.
(74)
On the basis of additional information provided on the bank's restructuring plan in October 2011, the Commission notes that the financial forecasts in the restructuring plan of September 2010 are based on sound and reliable assumptions. The updated information including the purchase of Allianz Bank shows an increase in the bank's retail and commercial deposits stemming from the accounts acquired from Allianz Bank. That acquisition supports the assumptions made on the growth of deposits.
(75)
The Commission also notes favourably the fact that the growth in deposits contributes to diversifying the funding sources of the bank, to reducing the relative weight of mortgage bonds in the funding mix and reducing the bank's dependence on wholesale funding. Based on information provided, the share of wholesale funding (i.e. the sum of bonds issued, deposits from banks and the part of mortgage bonds that is not used to refinance loans) has decreased as a percentage of the total liabilities of the bank from [35 %-30 %] in 31 December 2009 to [30 %-25 %] in 31 December 2010. As a result of that rebalancing of the bank's funding mix towards deposits, its average funding cost (calculated as interest expenses on total liabilities) has improved from [7-6,5] basis points on 31 December 2009 to [6-5,5] basis points on 31 December 2010. The return on assets also improved from [0,90 %-1 %] in 2009 to [1,05 %-1,10 %] in 2010. That positive trend is confirmed in the bank's forecast with return on assets forecast to stabilise in 2014 at [1,05 %-1,2 %] in a base case scenario, and [0,9 %-1,05 %] in a stressed scenario. In 2014, return on equity would amount to [11 %-13 %] in a base case scenario and [10 %-12 %] in a stressed scenario.
(76)
In the opening decision, the Commission also expressed its concerns on the sufficiency of the measures provided by the Hungarian authorities at that time to address the exposure of FHB to the Hungarian real estate market and the adverse currency movements. On the basis of the information submitted by Hungary on 9 December 2011, however, the Commission notes positively that FHB has taken the necessary steps to significantly reduce its involvement in the mortgage bond market (20). The bank has also considerably increased its share of retail loans from [3 %-5 %] in 2009 to [9 %-11 %] in 2011. The Commission further notes that the ‘Allianz deal’ (21) contributed significantly to those positive trends. As for the bank's exposure to adverse currency movements, the commitment of FHB to expand its toolkit needed to fend off the extreme impact of foreign exchange risks on the capital side can be accepted as adequate to dispel the Commission's doubts (22) because it provides the possibility for the bank to eliminate or hedge its foreign exchange risk resulting from transactions in foreign currencies.
(77)
The Commission therefore considers that the updated restructuring plan, taking into account the Allianz Bank deal, provides justification for concrete target levels for FHB's financial projections and contributes to restoring the bank's long-term viability.
8.4.2.2. Own contribution by the bank (burden-sharing)
(78)
The Commission notes positively that the amount of the recapitalisation has already been fully paid back to the State on 19 February 2010, i.e. within a period of less than a year and that the bank repaid the aid amount by using its own resources. FHB also used its own funds to repay four instalments of the mid-term State loan that were due on 11 February 2011, 11 May 2011, 11 August 2011 and 11 November 2011
8.4.2.3. Limitation of restructuring costs, remuneration
(79)
The Commission considers favourably the early repayment of the amount of the recapitalisation to the State. Further, the acquisition of Allianz Bank by FHB improves the liquidity profile of the bank increasing the amount of retail and commercial deposits. That acquisition is thus an important aspect of the bank's business plan and contributes to its long-term profitability. Thus, it cannot be considered that the aid granted to FHB was used to develop its activities in new business areas, as Allianz Bank and FHB both operate in the same retail and commercial markets. As a result, the Commission considers that the acquisition of Allianz Bank Ltd by FHB an appropriate measure to maintain the bank's long-term viability.
(80)
The Commission further notes that the information provided by the Hungarian authorities dispels the doubts expressed by the Commission in the opening decision of 24 January 2011 as to whether the acquisition of Allianz Bank had been carried to a large extent at the cost of the State. The acquisition of Allianz bank was completed on 30 September 2010, after the repayment of the recapitalisation to the State on 19 February 2010. As regards the outstanding amounts of the loan, the Commission notes positively that the bank has already repaid four instalments of the loan since February 2011 (23). The evaluation of the Commission is not altered by taking into consideration the ‘missing’ remuneration of the recapitalisation, i.e., the amount that was originally not paid by FHB, since that payment amounted to around HUF 1,6 billion (recital 40) and the price paid for Allianz Bank was HUF 3,3 billion (recital 60).
(81)
As regards remuneration of the aid measures, the Commission notes favourably that FHB and the Hungarian Government entered into an agreement on 15 December 2011 by which FHB agreed to pay to the State an additional remuneration of HUF 1,6 billion. In addition to the payment of HUF 890 million made in October 2010, the total payment on the recapitalisation by the Hungarian State of FHB corresponds to the remuneration rate of 10,49 %, in line with the conditions set out in the guarantee and recapitalisation scheme.
(82)
The Commission notes positively that the bank repaid the recapitalisation granted by the State within a period of less than a year (i.e. the bank was recapitalised on 23 March 2009 and the State was repaid on 19 February 2010).
(83)
The mid-term loan received by the bank under the liquidity scheme bears a remuneration of the higher of (i) IMF Special Drawing Right (hereinafter ‘SDR’) + 345 bps and (ii) 12 month Interbank offered Rate (hereinafter ‘IBOR’) + 100 bps + 123,5 bps (corresponding to a monthly average of between 3,79 % and 4,08 %), in line with the conditions set out in the liquidity scheme.
(84)
The loan agreement for the mid-term State loan provides for its repayment […] starting from 11 February 2011. According to the information submitted by the Hungarian authorities, FHB has paid four instalments of the loan that were due on 11 February 2011, 11 May 2011, 11 August 2011 and 11 November 2011. The Commission positively notes that FHB has been prompt in meeting, so far, its payment obligations regarding the mid-term loan. The Commission has no reason to doubt that there will be full and timely repayment of the loan by its maturity.
(85)
That assessment is confirmed by the good performance of FHB despite difficulties in the Hungarian banking sector and the bank's relatively high core tier 1 ratio (12 % at the end of 2008, which increased to 16,9 % after the recapitalisation in 2009 and remained high at 10,5 % after the repayment of the State capital). The capital requirement for Hungarian banks was 8 % at that time. In contrast to some of its peers, the bank was able to maintain its strong capital position (CAR of 10,5 % in March 2009, after the repayment to the State of the recapitalisation). In addition, it kept a rating of Baa3 by Moody's, which is still in the investment grade category.
(86)
In the light of those facts, the Commission believes that FHB encountered difficulties only temporarily and not in a fundamental fashion. It therefore considers that the remuneration paid by the bank is adequate, as corresponding to the remuneration required from a fundamentally sound bank.
(87)
Given that the bank's viability was not endangered by Hungary's ongoing difficulties, the Commission will not ask for further remuneration to be paid to the State.
(88)
Furthermore, the remuneration of the State by FHB for the mid-term loan (see recital 84) was in line with the conditions set out in the liquidity scheme. Therefore, the Commission considers that the remuneration of both aid measures is appropriate.
(89)
The Commission also notes favourably that the bank paid no dividend on its ordinary shares for the years 2009 and 2010. Some restrictions were also implemented by FHB in respect of the salary, remuneration and benefits of its senior officers until the cessation of the interest of the Hungarian State.
(90)
The Commission therefore considers that the restructuring plan ensures an appropriate own contribution of the bank, its shareholders and management to the restructuring costs.
8.4.2.4. Measures to correct the distortions of competition
(91)
The Commission notes that measures contained in the bank's restructuring plan to limit distortions of competition are limited. First, no structural measures are undertaken. Second, the behavioural measures in the restructuring plan apply only as long as the bank benefits from the capital injected by the State. Third, the Commission positively notes that FHB has been prompt in meeting, so far, its payment obligations arising from the mid-term loan. The Commission has no reason to doubt the bank's ability to make full and timely repayment of the loan by its maturity. Fourth, the market position of FHB has not significantly changed since the acquisition of Allianz Bank (with market shares of [3 %-3,3 %] and [3,4 %-3,6 %] before and after the acquisition respectively) which reassures the Commission that the effect of that acquisition on distortions of competition remains limited.
(92)
The behavioural measures are limited to the following:
—
The bank shall not follow any aggressive business strategy;
—
The bank should not invest in new business areas, unless those investments were approved before the signing of the recapitalisation agreement
—
The bank should avoid marketing the existence of the State aid.
(93)
The Commission does not consider that other behavioural measures associated with the recapitalisation, mentioned by Hungarian authorities in their response to the opening decision of 27 January 2011, can be considered as measures to limit the distortions of competition caused by the aid.
(94)
However, considering the limited size of FHB on the retail and commercial markets in Hungary ([0,9 %-1,08 %] and [0,5 %-0,9 %] market share respectively in the retail and corporate deposit markets) and considering the fact that the bank repaid the capital injected by the State less than one year after it has been issued, the Commission is of the opinion that the distortions of competition remain limited. Additionally, given that FHB has already paid back four instalments of the mid-term State loan under the liquidity scheme, the Commission has no reason to doubt the bank will reply the loan in full and in a timely manner.
(95)
Further, the remuneration paid to the State is in line with the recapitalisation and guarantee scheme and is therefore appropriate as is required by point 34 of the Restructuring Communication.
CONCLUSION
(96)
The Commission finds that on the basis of the information communicated by the Hungarian authorities and the updated restructuring plan of FHB set out in section IV of this Decision, the implemented support measures in form of a liquidity support loan and a recapitalisation are compatible with the internal market pursuant to Article 107(3)(b) of the Treaty and fulfil the requirements of the Restructuring Communication in terms of viability, burden-sharing and measures to mitigate the distortions of competition.
(97)
Hungary has exceptionally agreed that this Decision be adopted in English as its only authentic language,
HAS ADOPTED THIS DECISION:
Article 1
The measures consisting of a mid-term State loan of HUF 120 billion (approximately EUR 410 million) granted on 25 March 2009 with a maturity date of 11 November 2012 and a recapitalisation of HUF 30 billion (approximately EUR 100 million), in the form of Special Dividend Preference Shares plus one voting share granted on 31 March 2009 which Hungary implemented for FHB Jelzálogbank Nyrt are compatible with the internal market pursuant to Article 107(3)(b) of the Treaty on the Functioning of the European Union.
Article 2
This Decision is addressed to Hungary.
Done at Brussels, 22 February 2012.
For the Commission
Joaquín ALMUNIA
Vice-President
(1) OJ C 178, 18.6.2011, p. 7.
(2) Based on the exchange rate of 15 February 2012 of EUR/HUF (289,63).
(3) OJ C 47, 25.2.2010, p. 16.
(4) OJ C 147, 27.6.2009, p. 2.
(5) OJ C 195, 19.8.2009, p. 9.
(6) OJ C 178, 8.6.2011, p. 7.
(7) OJ C 47, 25.2.2010, p. 16.
(8) OJ C 236, 12.8.2011, p. 1.
(9) OJ C 147, 27.6.2009, p. 2.
(10) For a more detailed explanation of FHB's difficulties, see recital 39 seq. of the opening decision of 24 January 2011.
(11) See above recital 28, second indent.
(12) Business secret.
(13) OJ C 14, 19.1.2008, p. 6, and ‘Base rates (since 1.7.2008, EUR27) calculated in accordance with the Commission Communication of 19.1.2008’ available at http://ec.europa.eu/competition/state_aid/legislation/reference_rates.html
(14) See Article 13 of the Stabilisation Act, points 25 and 26 of Commission Decision 664/2008/EC and point 5 of the Recapitalisation Agreement.
(15) See Article 8, Section (3), Sub-section e) of the Stabilisation Act, point 27(b) of Commission Decision 664/2008/EC 2008 and point 9 of the Recapitalisation Agreement.
(16) See recitals 89 and following of the opening decision of 24 January 2011.
(17) Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis (OJ C 356, 6.12.2011, p. 7).
(18) Commission communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (OJ C 195, 19.8.2009, p. 9).
(19) See recital 108.
(20) As of 30 June 2011, the bank's liabilities from mortgage bonds decreased to [HUF 365 billion-HUF 350 billion] (from [HUF 435 billion-HUF 445 billion] at the end of 2009) for a total balance sheet of [HUF 835 billion-HUF 845 billion] as of June 2011 (compared to [HUF 800 billion-HUF 810 billion] at the end of 2009), while at the same period the amount of deposits increased (from [HUF 60 billion-HUF 65 billion] in 2009 to [HUF 124 billion-HUF 130 billion] in 2011).
(21) The ‘Allianz deal’ refers to the acquisition of Allianz Bank and the merger between Allianz Bank and FHB, also to the agreement for a strategic cooperation with Allianz Hungary Insurance Co. Ltd.
(22) See above recital 64, sixth indent.
(23) In line with the liquidity scheme, the bank has to pay back the amount of the loan in eight equal instalments. |
26.6.2014
EN
Official Journal of the European Union
L 186/53
COMMISSION IMPLEMENTING REGULATION (EU) No 705/2014
of 25 June 2014
fixing the import duty applicable to broken rice
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 point (a) of Article 183 thereof,
Whereas:
(1)
The Agreement between the European Union and Thailand (2) with respect to rice, approved by Council Decision 2005/953/EC (3), provides that, for broken rice, the Union has to apply an import duty of EUR 65 per tonne.
(2)
To implement the Agreement between the Union and Thailand, Article 140 of Council Regulation (EC) No 1234/2007 (4) set the import duty on broken rice at EUR 65 per tonne.
(3)
Regulation (EU) No 1308/2013, which repeals and replaces Regulation (EC) No 1234/2007, does not contain a provision similar to Article 140 of Regulation (EC) No 1234/2007. As regards the import duties, Article 183 of Regulation (EU) No 1308/2013 empowers the Commission to adopt implementing acts fixing the level of the applied import duty in accordance with the rules set out, inter alia, in an international agreement concluded in accordance with the Treaty on the Functioning of the European Union.
(4)
In order to continue to comply with the Agreement between the Union and Thailand, the import duty applicable to broken rice should be fixed,
HAS ADOPTED THIS REGULATION:
Article 1
Notwithstanding the rate of import duty fixed in the Common Customs Tariff, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.
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 Brussels, 25 June 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 671.
(2) Agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994 (OJ L 346, 29.12.2005, p. 26).
(3) Council Decision 2005/953/EC of 20 December 2005 on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994 (OJ L 346, 29.12.2005, p. 24).
(4) 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). |
25.7.2014
EN
Official Journal of the European Union
L 219/42
COUNCIL DIRECTIVE 2014/87/EURATOM
of 8 July 2014
amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof,
Having regard to the proposal from the European Commission, drawn up after having obtained the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Whereas:
(1)
Council Directive 2013/59/Euratom (3) establishes uniform basic safety standards for the protection of the health of individuals subject to occupational, medical and public exposures against the dangers arising from ionising radiation.
(2)
Council Directive 2009/71/Euratom (4) imposes obligations on the Member States to establish and maintain a national framework for nuclear safety. That Directive reflects the provisions of the main international instruments in the field of nuclear safety, namely the Convention on Nuclear Safety (5), as well as the Safety Fundamentals (6) established by the International Atomic Energy Agency (‘IAEA’).
(3)
Council Directive 2011/70/Euratom (7) imposes obligations on the Member States to establish and maintain a national framework for spent fuel and radioactive waste management.
(4)
Council Conclusions of 8 May 2007 on nuclear safety and safe management of spent nuclear fuel and radioactive waste highlighted that ‘nuclear safety is a national responsibility exercised where appropriate in an EU-framework. Decisions concerning safety actions and the supervision of nuclear installations remain solely with the operators and national authorities’.
(5)
The Fukushima nuclear accident in Japan in 2011 renewed attention worldwide on the measures needed to minimise risk and ensure the most robust levels of nuclear safety. Based on the European Council conclusions of 24-25 March 2011, the national competent regulatory authorities, together with the Commission in the framework of the European Nuclear Safety Regulators Group (ENSREG), established by Commission Decision 2007/530/Euratom (8), carried out Community-wide comprehensive risk and safety assessments of nuclear power plants (‘stress tests’). The results identified a number of improvements which could be implemented in nuclear safety approaches and industry practices in the participating countries.
Moreover, the European Council also called on the Commission to review, as appropriate, the existing legal and regulatory framework for the safety of nuclear installations and propose any improvements that may be necessary. The European Council also stressed that the highest standards for nuclear safety should be implemented and continuously improved in the Union.
(6)
A strong competent regulatory authority with effective independence in regulatory decision-making is a fundamental requirement of the Community nuclear safety regulatory framework. It is of utmost importance that the competent regulatory authority has the ability to exercise its powers impartially, transparently and free from undue influence in its regulatory decision-making to ensure a high level of nuclear safety. Regulatory decisions and enforcement actions in the field of nuclear safety should be based on objective safety-related technical considerations and should be established without any undue external influence that might compromise safety, such as undue influence associated with changing political, economic or societal conditions.
The provisions of Directive 2009/71/Euratom on functional separation of competent regulatory authorities should be strengthened to ensure the regulatory authorities' effective independence from undue influence in their regulatory decision-making and to guarantee that they are provided with the appropriate means and competencies to properly carry out the responsibilities assigned to them. In particular, the regulatory authority should have sufficient legal powers, sufficient staffing and sufficient financial resources for the proper discharge of its assigned responsibilities.
The strengthened requirements should be however without prejudice to close cooperation, as appropriate, with other relevant national authorities or to general policy guidelines issued by Member States.
(7)
The regulatory decision-making process should take into account competences and expertise, which may be provided by technical support organisations. This expertise should be based on state-of-the-art scientific and technical knowledge, including from operational experience and safety-related research, knowledge management, and adequate technical resources.
(8)
In accordance with Part 1 of the IAEA General Safety Requirements, the role of the Member States in establishing the framework for nuclear safety, and the role of the regulator in implementing that framework, should both be respected.
(9)
Given the specialised nature of the nuclear industry and the limited availability of staff with the required expertise and competence, resulting in the possible rotation of staff with executive responsibility between the nuclear industry and the regulators, special attention should be given to avoiding conflicts of interest. Moreover, arrangements should be made to ensure that there is no conflict of interest for those organisations that provide the competent regulatory authority with advice or services.
(10)
The consequences of a nuclear accident can go beyond national borders, therefore close cooperation, coordination and information exchange between competent regulatory authorities of Member States in the vicinity of a nuclear installation, irrespective of whether those Member States operate nuclear installations or not, should be encouraged. In this respect, Member States should ensure that appropriate arrangements are in place to facilitate such cooperation on nuclear safety matters with cross-border impacts.
(11)
In order to ensure that the proper skills are acquired and that adequate levels of competence are achieved and maintained, all parties should ensure that all staff having responsibilities relating to the nuclear safety of nuclear installations and to on-site emergency preparedness and response arrangements, undergo a continuous learning process. That can be achieved through the establishment of training programmes and training plans, procedures for periodic review and updating of the training programmes as well as appropriate budgetary provisions for training.
(12)
Another key lesson learned from the Fukushima nuclear accident is the importance of enhancing transparency on nuclear safety matters. Transparency is also an important means of promoting independence in regulatory decision-making. Therefore, the current provisions of Directive 2009/71/Euratom on the information to be provided to the general public should be made more specific as to the type of information be provided. In addition, the general public should be given opportunities to participate in the relevant phases of the decision-making process related to nuclear installations in accordance with the national framework for nuclear safety, taking into account the different national systems. Decisions on licensing remain the responsibility of national competent authorities.
(13)
The requirements of this Directive on transparency are complementary to those of the existing Euratom legislation. Council Decision 87/600/Euratom (9) imposes obligations on Member States to notify and provide information to the Commission and to other Member States in case of a radiological emergency on their territory, whilst Directive 2013/59/Euratom includes requirements on Member States to inform the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency, and to provide at regular intervals updated information to the population likely to be affected in the event of such an emergency.
(14)
During their 6th Review Meeting, the Contracting Parties to the Convention on Nuclear Safety reiterated their commitment to the findings of the 2nd Extraordinary Meeting which took place after the Fukushima accident. In particular, they stressed that ‘nuclear power plants should be designed, constructed and operated with the objectives of preventing accidents and, should an accident occur, mitigating its effects and avoiding off-site contamination’, and that ‘regulatory authorities should ensure that these objectives are applied in order to identify and implement appropriate safety improvements at existing plants’.
(15)
In view of the technical progress achieved through the provisions of the IAEA and by the Western European Nuclear Regulators Association (‘WENRA’) and responding to the lessons learnt from the stress tests and the Fukushima nuclear accident investigations, Directive 2009/71/Euratom should be amended to include a high level Community nuclear safety objective covering all stages of the lifecycle of nuclear installations (siting, design, construction, commissioning, operation, decommissioning). In particular, this objective calls for significant safety enhancements in the design of new reactors for which the state of the art knowledge and technology should be used, taking into account the latest international safety requirements.
(16)
That objective should notably be reached through nuclear safety assessments, which fall under the scope of this Directive. They should be carried out by the licence holders under the control of the national competent regulatory authority and may be used for the assessment of the risk of a major accident, as covered by Directive 2011/92/EU of the European Parliament and of the Council (10), provided that the requirements of this Directive are met.
(17)
The concept of defence-in-depth is fundamental to the safety of nuclear installations and is the basis for implementing high level nuclear safety objectives. Application of the defence-in-depth principles, as recognised in international standards and guidance and by WENRA, ensures that safety activities are subject to, as far as reasonably practicable, independent layers of provisions, so that in the event that a failure were to occur, it would be detected, compensated or corrected by appropriate measures. The effectiveness of each of the different layers is an essential element of defence-in-depth to prevent accidents and mitigate the consequences should they occur. Defence-in-depth is generally structured in five levels. Should one level fail, the subsequent level comes into play. The objective of the first level of protection is the prevention of abnormal operation and system failures. If the first level fails, abnormal operation is controlled or failures are detected by the second level of protection. Should the second level fail, the third level ensures that safety functions are further performed by activating specific safety systems and other safety features. Should the third level fail, the fourth level limits accident progression through accident management, so as to prevent or mitigate severe accident conditions with external releases of radioactive materials. The last objective (the fifth level of protection) is the mitigation of the radiological consequences of significant external releases through the off-site emergency response.
(18)
Together with defence-in-depth, an effective nuclear safety culture is regarded as a fundamental factor in achieving a high level of nuclear safety and its continuous improvement. Indicators for an effective nuclear safety culture include, in particular: the commitment at all levels of staff and management within an organisation to nuclear safety and its continuous improvement; the promotion of the ability of staff at all levels to question the delivery of relevant safety principles and practices to continuously improve nuclear safety; the ability of staff to report safety issues in a timely manner; the identification of the lessons learnt from operational experience; and the systematic reporting of any deviation from normal operating conditions or arrangements relevant to accident management that have the potential to have an impact on nuclear safety. Important elements which help to achieve a strong nuclear safety culture include, in particular, effective management systems, appropriate education and training and arrangements by the licence holder to register, evaluate and document internal and external safety significant operating experience and effective resolution of issues that have been raised.
(19)
Where ‘reasonably practicable’ is used in this Directive it should be applied in accordance with established definitions, in particular the WENRA and IAEA definitions.
(20)
Following the nuclear accidents at Three Mile Island and Chernobyl, the Fukushima nuclear accident highlighted once again the critical importance of the containment function, which is the last barrier to protect people and the environment against radioactive releases resulting from an accident. Therefore the applicant for a licence for the construction of a new power or research reactor should demonstrate that the design limits the effects of a reactor core damage to within the containment, i.e. the applicant should prove that a large or unauthorised radioactive release outside the containment is extremely unlikely, and that applicant should be able to demonstrate with a high degree of confidence that such a release will not occur.
(21)
More specific arrangements for accident management and on-site emergency response should be required to address the prevention and mitigation of accidents. Those should be in accordance and without prejudice to the relevant provisions of the Directive 2013/59/Euratom. The licence holder should provide for procedures, guidelines and arrangements that address accidents including severe accidents, that could occur in all operational modes, including full power, shutdown and transitional states, ensuring consistency and continuity between all such procedures and arrangements, and ensuring that they are exercised, reviewed and updated. Those arrangements should also provide for sufficient staff, equipment and other necessary resources. An organisational structure with clear allocation of responsibilities, and coordination amongst response bodies should be provided.
(22)
The stress tests demonstrated the key role of enhanced cooperation and coordination mechanisms between all parties that have responsibilities for nuclear safety. The peer-reviews have proved to be a good means of building confidence, with the aim of developing and exchanging experience and ensuring the common application of high nuclear safety standards.
(23)
Cooperation on nuclear safety between Members States is well established and can give added value in terms of nuclear safety, transparency and openness towards stakeholders at the European and international level.
Member States, through their competent regulatory authorities making relevant use of ENSREG, and building on the expertise of the WENRA, should every six years define a methodology, Terms of Reference and a time frame for Peer Reviews on a common specific technical topic related to the nuclear safety of their nuclear installations. The common specific technical topic to be considered should be identified among the WENRA safety reference levels or on the basis of operating experience feed-back, incidents and accidents and technological and scientific developments. Member States should perform a national self-assessment and make arrangements for common peer reviews by other Member States' competent regulatory authorities of their national self-assessment.
Reports on the findings of those peer reviews should be produced. Member States should establish national action plans for addressing any relevant findings and their own national assessment, taking into account the results of those peer review reports. The peer review reports should also form the basis of any summary report of the outcome of the Union-wide topical peer review exercise prepared collectively by the competent regulatory authorities of the Member States. The summary report should not aim to rank the safety of nuclear installations but rather focus on the process and technical findings of the topical peer review so that the knowledge gained from the exercise can be shared.
Reciprocal trust should prevail in peer reviews, and it would therefore be appropriate for the Commission, whenever practicable, to inform Member States when it intends to use the results of peer review reports in its policy documents.
(24)
The obligations of the Member States to report on the implementation of this Directive and the obligation of the Commission to draw up a report on the basis of the national reports should provide an opportunity to take stock of, and evaluate, the various aspects of the implementation of this Directive as well as its effectiveness. A number of relevant reporting obligations, such as the Convention on Nuclear Safety reports, exist at international level, the results of which might be used for the evaluation of the implementation of this Directive. Moreover, additional reporting requirements should be established under this Directive in relation to the findings of the topical peer reviews of nuclear installations. Consequently, with a view to simplifying the legislation and reducing the administrative burden, the reporting obligation for the Member States should be made less onerous both as regards the frequency of reporting and the content of the reports.
(25)
In line with a graded approach, the implementation of the provisions of this Directive depends on the types of nuclear installations on the territory of a Member State. Therefore, when implementing these provisions in national law, Member States should take into account the potential magnitude and nature of risks posed by the nuclear installations that they plan or operate. In particular, the graded approach should concern those Member States that keep only a small inventory of nuclear and radioactive materials, e.g. those linked to the operation of smaller research reactor facilities, which in case of a severe accident would not engender consequences comparable to those generated by nuclear power plants.
(26)
The provisions of this Directive which are intrinsically linked to the existence of nuclear installations, namely those concerning the licence holder's obligations, the new specific requirements for nuclear installations and the provisions concerning on-site emergency preparedness and response should not be applicable to Member States without nuclear installations. The provisions of this Directive should be transposed and implemented in a proportionate manner in accordance with national circumstances and taking into account the fact that those Member States do not have nuclear installations, whilst ensuring that nuclear safety receives appropriate attention by the government or by the competent authorities.
(27)
According to Directive 2009/71/Euratom, the Member States have to establish and maintain a national legislative, regulatory and organisational framework for the nuclear safety of nuclear installations. The decision as to how the provisions of the national framework are adopted and through which instrument they are applied rests with the competence of the Member States.
(28)
In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, 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 provisions 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.
(29)
Directive 2009/71/Euratom should therefore be amended accordingly,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 2009/71/Euratom is amended as follows:
(1)
the heading of Chapter 1 is replaced by the following:
‘OBJECTIVES, SCOPE AND DEFINITIONS’.
(2)
Article 2 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. This Directive shall apply to any civilian nuclear installation subject to a licence.’;
(b)
paragraph 3 is replaced by the following:
‘3. This Directive supplements the basic standards referred to in Article 30 of the Treaty as regards the nuclear safety of nuclear installations and is without prejudice to the existing Community legislation for the protection of the health of the workers and the general public against the dangers arising from ionising radiation, and in particular Council Directive 2013/59/Euratom (11).
(11) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1).’."
(3)
Article 3 is amended as follows:
(a)
paragraph 1(a) is replaced by the following:
‘(a)
a nuclear power plant, enrichment plant, nuclear fuel fabrication plant, reprocessing plant, research reactor facility, spent fuel storage facility; and’;
(b)
the following paragraphs are added:
‘6.
“accident” means any unintended event, the consequences or potential consequences of which are significant from the point of view of radiation protection or nuclear safety;
7.
“incident” means any unintended event, the consequences or potential consequences of which are not negligible from the point of view of radiation protection or nuclear safety;
8.
“abnormal operations” means an operational process deviating from normal operation which is expected to occur at least once during the operating lifetime of a facility but which, in view of appropriate design provisions, does not cause any significant damage to items important to safety or lead to accident conditions;
9.
“design basis” means the range of conditions and events taken explicitly into account in the design, including upgrades, of a nuclear installation, according to established criteria, so that the installation can withstand them without exceeding authorised limits by the planned operation of safety systems;
10.
“design basis accident” means accident conditions against which a nuclear installation is designed according to established design criteria, and for which the damage to the fuel, where applicable, and the release of radioactive material are kept within authorised limits;
11.
“severe conditions” means conditions that are more severe than conditions related to design basis accidents; such conditions may be caused by multiple failures, such as the complete loss of all trains of a safety system, or by an extremely unlikely event.’.
(4)
In Chapter 2, the following title is inserted after the heading ‘OBLIGATIONS’:
‘SECTION 1
General obligations’.
(5)
Article 4(1) is replaced by the following:
‘1. Member States shall establish and maintain a national legislative, regulatory and organisational framework (“national framework”) for the nuclear safety of nuclear installations. The national framework shall provide in particular for:
(a)
the allocation of responsibilities and coordination between relevant state bodies;
(b)
national nuclear safety requirements, covering all stages of the lifecycle of nuclear installations;
(c)
a system of licensing and prohibition of operation of nuclear installations without a licence;
(d)
a system of regulatory control of nuclear safety performed by the competent regulatory authority;
(e)
effective and proportionate enforcement actions, including, where appropriate, corrective action or suspension of operation and modification or revocation of a licence.
The determination on how national nuclear safety requirements referred to in point (b) are adopted and through which instrument they are applied remains within the competences of the Member States;’.
(6)
In Article 5, paragraphs 2 and 3 are replaced by the following:
‘2. Member States shall ensure the effective independence from undue influence of the competent regulatory authority in its regulatory decision-making. For this purpose, Member States shall ensure that the national framework requires that the competent regulatory authority:
(a)
is functionally separate from any other body or organisation concerned with the promotion or utilisation of nuclear energy, and does not seek or take instructions from any such body or organisation when carrying out its regulatory tasks;
(b)
takes regulatory decisions founded on robust and transparent nuclear safety-related requirements;
(c)
is given dedicated and appropriate budget allocations to allow for the delivery of its regulatory tasks as defined in the national framework and is responsible for the implementation of the allocated budget;
(d)
employs an appropriate number of staff with qualifications, experience and expertise necessary to fulfil its obligations. It may use external scientific and technical resources and expertise in support of its regulatory functions;
(e)
establishes procedures for the prevention and resolution of any conflicts of interest;
(f)
provides nuclear safety-related information without clearance from any other body or organisation, provided that this does not jeopardise other overriding interests, such as security, recognised in relevant legislation or international instruments.
3. Member States shall ensure that the competent regulatory authority is given the legal powers necessary to fulfil its obligations in connection with the national framework described in Article 4(1). For this purpose, Member States shall ensure that the national framework entrusts the competent regulatory authorities with the following main regulatory tasks, to:
(a)
propose, define or participate in the definition of national nuclear safety requirements;
(b)
require that the licence holder complies and demonstrates compliance with national nuclear safety requirements and the terms of the relevant licence;
(c)
verify such compliance through regulatory assessments and inspections;
(d)
propose or carry out effective and proportionate enforcement actions.’.
(7)
Articles 6, 7 and 8 are replaced by the following:
‘Article 6
Licence holders
Member States shall ensure that the national framework requires that:
(a)
the prime responsibility for the nuclear safety of a nuclear installation rests with the licence holder. That responsibility cannot be delegated and includes responsibility for the activities of contractors and sub-contractors whose activities might affect the nuclear safety of a nuclear installation;
(b)
when applying for a licence, the applicant is required to submit a demonstration of nuclear safety. Its scope and level of detail shall be commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site;
(c)
licence holders are to regularly assess, verify, and continuously improve, as far as reasonably practicable, the nuclear safety of their nuclear installations in a systematic and verifiable manner. That shall include verification that measures are in place for the prevention of accidents and mitigation of the consequences of accidents, including the verification of the application of defence-in-depth provisions;
(d)
licence holders establish and implement management systems which give due priority to nuclear safety;
(e)
licence holders provide for appropriate on-site emergency procedures and arrangements, including severe accident management guidelines or equivalent arrangements, for responding effectively to accidents in order to prevent or mitigate their consequences. Those shall in particular:
(i)
be consistent with other operational procedures and periodically exercised to verify their practicability;
(ii)
address accidents and severe accidents that could occur in all operational modes and those that simultaneously involve or affect several units;
(iii)
provide arrangements to receive external assistance;
(iv)
be periodically reviewed and regularly updated, taking account of experience from exercises and lessons learned from accidents;
(f)
licence holders provide for and maintain financial and human resources with appropriate qualifications and competences, necessary to fulfil their obligations with respect to the nuclear safety of a nuclear installation. Licence holders shall also ensure that contractors and subcontractors under their responsibility and whose activities might affect the nuclear safety of a nuclear installation have the necessary human resources with appropriate qualifications and competences to fulfil their obligations.
Article 7
Expertise and skills in nuclear safety
Member States shall ensure that the national framework requires all parties to make arrangements for the education and training for their staff having responsibilities related to the nuclear safety of nuclear installations so as to obtain, maintain and to further develop expertise and skills in nuclear safety and on-site emergency preparedness.
Article 8
Transparency
1. Member States shall ensure that necessary information in relation to the nuclear safety of nuclear installations and its regulation is made available to workers and the general public, with specific consideration to local authorities, population and stakeholders in the vicinity of a nuclear installation. That obligation includes ensuring that the competent regulatory authority and the licence holders, within their fields of responsibility, provide in the framework of their communication policy:
(a)
information on normal operating conditions of nuclear installations to workers and the general public; and
(b)
prompt information in case of incidents and accidents to workers and the general public and to the competent regulatory authorities of other Member States in the vicinity of a nuclear installation.
2. Information shall be made available to the public in accordance with relevant legislation and international instruments, provided that this does not jeopardise other overriding interests, such as security, which are recognised in relevant legislation or international instruments.
3. Member States shall, without prejudice to Article 5(2), ensure that the competent regulatory authority engages, as appropriate, in cooperation activities on the nuclear safety of nuclear installations with competent regulatory authorities of other Member States in the vicinity of a nuclear installation, inter alia, via the exchange and/or sharing of information.
4. Member States shall ensure that the general public is given the appropriate opportunities to participate effectively in the decision-making process relating to the licensing of nuclear installations, in accordance with relevant legislation and international instruments.’.
(8)
The following Section is inserted after Article 8:
‘SECTION 2
Specific obligations
Article 8a
Nuclear safety objective for nuclear installations
1. Member States shall ensure that the national nuclear safety framework requires that nuclear installations are designed, sited, constructed, commissioned, operated and decommissioned with the objective of preventing accidents and, should an accident occur, mitigating its consequences and avoiding:
(a)
early radioactive releases that would require off-site emergency measures but with insufficient time to implement them;
(b)
large radioactive releases that would require protective measures that could not be limited in area or time.
2. Member States shall ensure that the national framework requires that the objective set out in paragraph 1:
(a)
applies to nuclear installations for which a construction licence is granted for the first time after 14 August 2014;
(b)
is used as a reference for the timely implementation of reasonably practicable safety improvements to existing nuclear installations, including in the framework of the periodic safety reviews as defined in Article 8c(b).
Article 8b
Implementation of the nuclear safety objective for nuclear installations
1. In order to achieve the nuclear safety objective set out in Article 8a, Member States shall ensure that the national framework requires that where defence-in-depth applies, it shall be applied to ensure that:
(a)
the impact of extreme external natural and unintended man-made hazards is minimised;
(b)
abnormal operation and failures are prevented;
(c)
abnormal operation is controlled and failures are detected;
(d)
accidents within the design basis are controlled;
(e)
severe conditions are controlled, including prevention of accidents progression and mitigation of the consequences of severe accidents;
(f)
organisational structures according to Article 8d(1) are in place.
2. In order to achieve the nuclear safety objective set out in Article 8a, Member States shall ensure that the national framework requires that the competent regulatory authority and the licence holder take measures to promote and enhance an effective nuclear safety culture. Those measures include in particular:
(a)
management systems which give due priority to nuclear safety and promote, at all levels of staff and management, the ability to question the effective delivery of relevant safety principles and practices, and to report in a timely manner on safety issues, in accordance with Article 6(d);
(b)
arrangements by the licence holder to register, evaluate and document internal and external safety significant operating experience;
(c)
the obligation of the licence holder to report events with a potential impact on nuclear safety to the competent regulatory authority; and,
(d)
arrangements for education and training, in accordance with Article 7.
Article 8c
Initial assessment and periodic safety reviews
Member States shall ensure that the national framework requires that:
(a)
any grant of a licence to construct a nuclear installation or operate a nuclear installation, is based upon an appropriate site and installation-specific assessment, comprising a nuclear safety demonstration with respect to the national nuclear safety requirements based on the objective set in Article 8a;
(b)
the licence holder under the regulatory control of the competent regulatory authority, re-assesses systematically and regularly, at least every 10 years, the safety of the nuclear installation as laid down in Article 6(c). That safety reassessment aims at ensuring compliance with the current design basis and identifies further safety improvements by taking into account ageing issues, operational experience, most recent research results and developments in international standards, using as a reference the objective set in Article 8a.
Article 8d
On-site emergency preparedness and response
1. Without prejudice to the provisions of the Directive 2013/59/Euratom, Member States shall ensure that the national framework requires that an organisational structure for on-site emergency preparedness and response is established with a clear allocation of responsibilities and coordination between the licence holder, and competent authorities and organisations, taking into account all phases of an emergency.
2. Member States shall ensure that there is consistency and continuity between the on-site emergency preparedness and response arrangements required by the national framework and other emergency preparedness and response arrangements required under Directive 2013/59/Euratom.’.
(9)
The following Chapter is inserted after Article 8d:
‘CHAPTER 2a
PEER REVIEWS AND REPORTING
Article 8e
Peer reviews
1. Member States shall, at least once every 10 years, arrange for periodic self-assessments of their national framework and competent regulatory authorities and invite an international peer review of relevant segments of their national framework and competent regulatory authorities with the aim of continuously improving nuclear safety. Outcomes of such peer reviews shall be reported to the Member States and the Commission, when available.
2. Member States shall ensure that, on a coordinated basis:
(a)
a national assessment is performed, based on a specific topic related to nuclear safety of the relevant nuclear installations on their territory;
(b)
all other Member States, and the Commission as observer, are invited to peer review the national assessment referred to in point (a);
(c)
appropriate follow-up measures are taken of relevant findings resulting from the peer review process;
(d)
relevant reports are published on the above mentioned process and its main outcome when results are available.
3. Member States shall ensure that arrangements are in place to allow for the first topical peer review to start in 2017, and for subsequent topical peer reviews to take place at least every six years thereafter.
4. In case of an accident leading to situations that would require off-site emergency measures or protective measures for the general public, the Member State concerned shall ensure that an international peer review is invited without undue delay.’.
(10)
Article 9 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. Member States shall submit a report to the Commission on the implementation of this Directive for the first time by 22 July 2014, and then by 22 July 2020.’;
(b)
paragraph 3 is deleted.
(11)
In Article 10, the following paragraph is inserted after paragraph 1:
‘1a. The obligations of transposition and implementation of Articles 6, 8a, 8b, 8c and 8d shall not apply to Member States without nuclear installations, unless they decide to develop any activity related to nuclear installations subject to a licence under their jurisdiction.’.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 August 2017. They shall immediately inform the Commission thereof.
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. 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 provisions of national law which they adopt in the field covered by this Directive and of any subsequent amendments to those provisions.
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, 8 July 2014.
For the Council
The President
P. C. PADOAN
(1) Opinion of 2 April 2014 (not yet published in the Official Journal).
(2) OJ C 341, 21.11.2013, p. 92.
(3) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1).
(4) 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).
(5) Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom) (OJ L 318, 11.12.1999, p. 20).
(6) IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No SF-1 (2006).
(7) Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011. p. 48).
(8) Commission Decision 2007/530/Euratom of 17 July 2007 on establishing the European High Level Group on Nuclear Safety and Waste Management (OJ L 195, 27.7.2007, p. 44).
(9) Council Decision of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency (OJ L 371, 30.12.1987, p. 76).
(10) 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). |
15.8.2014
EN
Official Journal of the European Union
L 243/1
COMMISSION IMPLEMENTING REGULATION (EU) No 887/2014
of 14 August 2014
concerning the technical format for the transmission of European statistics on vineyards pursuant to Regulation (EU) No 1337/2011 of the European Parliament and of the Council
(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 1337/2011 of the European Parliament and of the Council of 13 December 2011 concerning European statistics on permanent crops (1), and in particular Article 8(2) thereof,
Whereas:
(1)
Regulation (EU) No 1337/2011 sets the framework for producing comparable European statistics on permanent crops.
(2)
The data structure for the transmission of statistical data on vineyards and the exchange standard should be specified.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Agricultural Statistics,
HAS ADOPTED THIS REGULATION:
Article 1
Member States shall send the statistical data on vineyards referred to in Annex II to Regulation (EU) No 1337/2011 within the structure laid down in the SDMX data structure definitions. They shall either send the data to the European Commission (Eurostat) using the Single Entry Point services, or shall make the data available so that the European Commission (Eurostat) can retrieve the data using the Single Entry Point services.
Article 2
The data structure for sending statistical data on vineyards to the European Commission (Eurostat) shall be specified in the Annex.
Article 3
Data shall be provided for all single compulsory variables and all aggregates.
Article 4
Data shall be provided in hectares and in numbers of holdings.
Article 5
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 August 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 30.12.2011, p. 7.
ANNEX
Data structure for the transmission of statistical data on vineyards
Information to be included in the transmission files:
Table 1
Wine-grower holdings by type of production
Number
Field
Remarks
1.
Region/Country
NUTS0/NUTS2 codes as defined according to Commission Regulation (EU) No 1319/2013 of 9 December 2013 amending annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 342, 18.12.2013)
2.
Year
Reference year for the data (2015, 2020, etc.)
3.
Type of production
Labels are presented in Table 5
4.
Observation value
Numerical (area with 2 decimals)
5.
Unit
Labels are presented in Table 11
6.
Observation status
Standard code list
7.
Confidentiality status
Standard code list
Table 2
Wine-grower holdings by size class (and aggregated type of production) at national level
Number
Field
Remarks
1.
Country
NUTS 0 codes as defined according to Commission Regulation (EU) No 1319/2013 of 9 December 2013 amending annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 342, 18.12.2013)
2.
Year
Reference year for the data (2015, 2020, etc.)
3.
Aggregated type of production
Labels are presented in Table 6
4.
Size class of the total area under vines
Labels are presented in Table 7
5.
Observation value
Numerical (area with 2 decimals)
6.
Unit
Labels are presented in Table 11
7.
Observation status
Standard code list
8.
Confidentiality status
Standard code list
Table 3
Wine-grower holdings by degree of specialisation and size class at national level
Number
Field
Remarks
1.
Country
NUTS 0 codes as defined according to Commission Regulation (EU) No 1319/2013 of 9 December 2013 amending annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 342, 18.12.2013)
2.
Year
Reference year for the data (2015, 2020, etc.)
3.
Specialisation
Labels are presented in Table 8
4.
Size class of the total area under vines
Labels are presented in Table 7
5.
Observation value
Numerical (area with 2 decimals)
6.
Unit
Labels are presented in Table 11
7.
Observation status
Standard code list
8.
Confidentiality status
Standard code list
Table 4
Main vine varieties by age class
Number
Field
Remarks
1.
Region/Country
NUTS0/NUTS2 codes as defined according to Commission Regulation (EU) No 1319/2013 of 9 December 2013 amending annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 342, 18.12.2013)
2.
Year
Reference year for the data (2015, 2020, etc.)
3.
Main grape variety
Labels are presented in Table 10
4.
Age class
Labels are presented in Table 9
5.
Observation value
Numerical (area with 2 decimals)
6.
Unit
Labels are presented in Table 11
7.
Observation status
Standard code list
8.
Confidentiality status
Standard code list
Table 5
Labels for type of production
Number
Label
Remarks
1.
Total area under vines (in/not yet in production)
Σ 2, 9, 16, 17
2.
Vines in production — Total
Σ 3, 7, 8
3.
Vines in production — Wine grapes — Total
Σ 4, 5, 6
4.
Vines in production — Wine grapes for PDO wines
5.
Vines in production — Wine grapes for PGI wines
6.
Vines in production — Wine grapes for wines without PDO or PGI
7.
Vines in production — Dual purpose grapes
8.
Vines in production — Dried grapes
9.
Vines not yet in production — Total
Σ 10, 14, 15
10.
Vines not yet in production — Wine grapes — Total
Σ 11, 12, 13
11.
Vines not yet in production — Wine grapes for PDO wines
12.
Vines not yet in production — Wine grapes for PGI wines
13.
Vines not yet in production — Wine grapes for wines without PDO or PGI
14.
Vines not yet in production — Dual purpose grapes
15.
Vines not yet in production — Dried grapes
16.
Vines intended to produce material for the vegetative propagation of vines
17.
Other vines not elsewhere classified (n.e.c.)
Table 6
Labels for aggregated type of production
Number
Label
Remarks
1.
Total area under vines
Σ 2, 6, 7, 8
2.
Vines for wine grapes — Total
Σ 3, 4, 5
3.
Vines for wines with PDO
4.
Vines for wines with PGI
5.
Vines for wines without PDO and/or PGI
6.
Vines for dual purpose grapes
7.
Vines for dried grapes
8.
Vines not elsewhere classified (n.e.c.)
Table 7
Labels for size class of the total area under vines
Number
Label
Remarks
1.
Total
Σ 2 — 8
2.
Less than 0,10 ha
3.
From 0,10 to 0,49 ha
4.
From 0,50 to 0,99 ha
5.
From 1 to 2,9 ha
6.
From 3 to 4,9 ha
7.
From 5 to 9,9 ha
8.
10 ha or over
Table 8
Labels for degree of specialisation
Number
Label
Remarks
1.
Holdings with areas under vines — Total
Σ 2, 9, 10, 11
2.
Holdings with areas under vines exclusively intended for wine production
Σ 3, 7, 8
3.
Holdings with areas under vines exclusively intended for production of PDO and/or PGI wine production
Σ 4, 5, 6
4.
Holdings with areas under vines exclusively intended for production of only wine with PDO
5.
Holdings with areas under vines exclusively intended for production of only wine with PGI
6.
Holdings with areas under vines exclusively intended for production of only wine with PDO and PGI
7.
Holdings with areas under vines exclusively intended for production of non-PDO and/or non- PGI wine
8.
Holdings with areas under vines intended for production of several types of wines
9.
Holdings with areas under vines exclusively intended for the production of dry grapes
10.
Holdings with other areas under vines
11.
Holdings with areas under vines intended for several types of production
Table 9
Labels for age class
Number
Label
Remarks
1.
Total
Σ 2 — 5
2.
Less than 3 years
3.
From 3 to 9 years
4.
From 10 to 29 years
5.
30 years or over
Table 10
Labels for main grape variety
Number
Label
Remarks
1.
Total main grape varieties
Σ 2, 170, 375, 387
2.
Total main red grape varieties (R)
Σ 3 — 169
3.
Agiorgitiko (R)
4.
Aglianico (R)
5.
Aglianico del Vulture (R)
6.
Alfrocheiro/Tinta Bastardinha (R)
7.
Alicante Bouschet (R)
8.
Alicante Henri Bouschet (R)
9.
Alphon Lavallee (R)
10.
Ancellotta (R)
11.
Aragonez/Tinta Roriz/Tempranillo (R)
12.
Aramon (R)
13.
Avarengo (R)
14.
Băbească neagră (R)
15.
Baga (R)
16.
Barbera nera (R)
17.
Bastardo/Graciosa (R)
18.
Blauburger (R)
19.
Blaufränkisch/Kékfrankos/Frankovka/Frankovka modrá/Modra frankinja/Burgund mare (R)
20.
Bobal (R)
21.
Bombino rosso (R)
22.
Bonarda (R)
23.
Brachetto (R)
24.
Cabernet franc (R)
25.
Cabernet Sauvignon (R)
26.
Caiño tinto (R)
27.
Calabrese (R)
28.
Caladoc (R)
29.
Canaiolo nero (R)
30.
Cannonau (R)
31.
Carignan (R)
32.
Carignano (R)
33.
Carmenere (R)
34.
Castelão/João-de-Santarém/Periquita (R)
35.
Ciliegiolo (R)
36.
Cinsaut (R)
37.
Corvina (R)
38.
Corvinone (R)
39.
Cot (R)
40.
Croatina (R)
41.
Dolcetto (R)
42.
Dornfelder (R)
43.
Duras (R)
44.
Fer (R)
45.
Fetească neagră (R)
46.
Forcallat tinta (R)
47.
Frappato (R)
48.
Freisa (R)
49.
Gaglioppo (R)
50.
Gamay (R)
51.
Gamza (R)
52.
Garnacha (R)
53.
Garnacha peluda (R)
54.
Garnacha tinta (R)
55.
Garnacha tintorera (R)
56.
Graciano (R)
57.
Gran negro (R)
58.
Greco nero (R)
59.
Grenache (R)
60.
Grignolino (R)
61.
Grolleau (R)
62.
Jaen/Mencia (R)
63.
Juan Garcia (R)
64.
Jurancon noir (R)
65.
Kadarka (R)
66.
Kotsifali (R)
67.
Lagrein (R)
68.
Lambrusco a foglia frastagliata (R)
69.
Lambrusco di Sorbara (R)
70.
Lambrusco Grasparossa (R)
71.
Lambrusco maestri (R)
72.
Lambrusco Marani (R)
73.
Lambrusco Salamino (R)
74.
Liatiko (R)
75.
Limberger, Blauer (R)
76.
Listan negro (R)
77.
Magliocco canino (R)
78.
Malvasia (R)
79.
Malvasia nera di Brindisi (R)
80.
Malvasia Preta (R)
81.
Mandilari (R)
82.
Marselan (R)
83.
Marufo/Mourisco Roxo (R)
84.
Marzemino (R)
85.
Mavro (R)
86.
Mavroudi (R)
87.
Mavrud (R)
88.
Mazuela (R)
89.
Mencia (R)
90.
Merlot (R)
91.
Meunier (R)
92.
Miguel del arco (R)
93.
Molinara (R)
94.
Mollar (R)
95.
Monastrell (R)
96.
Monica (R)
97.
Montepulciano (R)
98.
Moravia agria (R)
99.
Moravia dulce (R)
100.
Moreto (R)
101.
Mourisco (R)
102.
Mourvèdre (R)
103.
Müllerrebe/Schwarzriesling (R)
104.
Muscat Hambourg (R)
105.
Nebbiolo (R)
106.
Negramoll (R)
107.
Negrette (R)
108.
Negro amaro (R)
109.
Nerello Cappuccio (R)
110.
Nerello Mascalese (R)
111.
Nielluccio (R)
112.
Oporto (R)
113.
Pamid (R)
114.
Petit Verdot (R)
115.
Piedirosso (R)
116.
Pinot noir/Pinot/Spätburgunder, Blauer/Blauburgunder/Blauer Burgunder/Rulandské modré (R)
117.
Plantet (R)
118.
Plavac mali crni (R)
119.
Plavina (R)
120.
Portugieser, Blauer/Portoghese/Modrý Portugal/Oporto/Kékoportó (R)
121.
Prieto picudo (R)
122.
Primitivo (R)
123.
Raboso Piave (R)
124.
Refosco dal peduncolo rosso (R)
125.
Refošk (R)
126.
Regent (R)
127.
Rojal tinta (R)
128.
Romeiko (R)
129.
Rondinella (R)
130.
Rosioara (R)
131.
Royal (R)
132.
Rufete/Tinta Pinheira (R)
133.
Sagrantino (R)
134.
Saint Laurent/Svatovavřinecké/Svätovavrinecké (R)
135.
Sangiovese (R)
136.
Santareno (R)
137.
Schiava (R)
138.
Schiava gentile (R)
139.
Schiava grossa (R)
140.
Sciaccarello (R)
141.
Shiroka melnishka loza (R)
142.
Souson (R)
143.
Storgozia (R)
144.
Syrah/Shiraz (Sirah) (R)
145.
Tannat (R)
146.
Tempranillo (R)
147.
Teroldego (R)
148.
Tinta (R)
149.
Tinta Barroca (R)
150.
Tinta Carvalha (R)
151.
Tinta Negra (R)
152.
Tinto de la pampana blanca (R)
153.
Tinto de toro (R)
154.
Tinto velasco (R)
155.
Tocai rosso (R)
156.
Touriga Franca (R)
157.
Touriga nacional (R)
158.
Trepat (R)
159.
Trincadeira/Tinta Amarela/Trincadeira Preta (R)
160.
Trollinger, Blauer (R)
161.
Uva di Troia (R)
162.
Uva longanesi (R)
163.
Villard noir (R)
164.
Vinhão/Sousão (R)
165.
Xinomavro (R)
166.
Žametovka (R)
167.
Zweigelt/Zweigeltrebe/Zweigelt, Blauer/Rotburger (R)
168.
Other main red grape varieties (R)
169.
Other main red mixed grape varieties (R)
170.
Total main white grape varieties (W)
Σ 171 — 374
171.
Airen (W)
172.
Alarije (W)
173.
Albana (W)
174.
Albariño (W)
175.
Albillo (W)
176.
Albillo Mayor (W)
177.
Alicante Branco (W)
178.
Aligoté (W)
179.
Alvarinho (W)
180.
Ansonica (W)
181.
Antão Vaz (W)
182.
Arany sárfehér (W)
183.
Arinto/Pedernã (W)
184.
Arneis (W)
185.
Asirtiko (W)
186.
Athiri (W)
187.
Auxerrois (W)
188.
Avesso (W)
189.
Azal (W)
190.
Bacchus (W)
191.
Baco blanc (W)
192.
Beba (W)
193.
Bellone (W)
194.
Bianca (W)
195.
Biancame (W)
196.
Bical/Borrado das Moscas (W)
197.
Blanca Cayetana (W)
198.
Bombino bianco (W)
199.
Borba (W)
200.
Bourboulenc (W)
201.
Calagraño (W)
202.
Cariñena blanco (W)
203.
Cataratto lucido (W)
204.
Catarratto commune (W)
205.
Cayetana blanca (W)
206.
Chardonnay/Feinburgunder/Morillon (W)
207.
Chasan (W)
208.
Chasselas (W)
209.
Chenin (W)
210.
Clairette (W)
211.
Cococciola (W)
212.
Coda di volpe bianca (W)
213.
Côdega do Larinho (W)
214.
Colombard (W)
215.
Cortese (W)
216.
Cramposie selectionata (W)
217.
Cserszegi fűszeres (W)
218.
Diagalves (W)
219.
Dimyat (W)
220.
Doña Blanca (W)
221.
Elbling, Weißer (W)
222.
Ezerfürtű (W)
223.
Ezerjó (W)
224.
Falanghina (W)
225.
Fernão Pires/Maria Gomes (W)
226.
Feteasca alba (W)
227.
Feteasca regala (W)
228.
Fiano (W)
229.
Folle blanche (W)
230.
Frâncușă (W)
231.
Frühroter Veltliner/Malvasier (W)
232.
Furmint (W)
233.
Galbena de Odobesti (W)
234.
Garganega (W)
235.
Garnacha blanca (W)
236.
Glera/ex-Prosecco (W)
237.
Godello (W)
238.
Gouveio (W)
239.
Gouveio Real (W)
240.
Grasă de Cotnari (W)
241.
Grecanino dorato (W)
242.
Grechetto (W)
243.
Greco (W)
244.
Greco bianco (W)
245.
Grenache blanc (W)
246.
Grillo (W)
247.
Gros Manseng blanc (W)
248.
Gutedel, Weißer (W)
249.
Hárslevelű (W)
250.
Huxelrebe (W)
251.
Iordana (W)
252.
Irsai Olivér/Irsai Oliver (W)
253.
Jacquere (W)
254.
Kerner (W)
255.
Királyleányka (W)
256.
Kövidinka (W)
257.
Kunleány (W)
258.
Lakhegyi mézes (W)
259.
Leányka/Dievčie hrozno (W)
260.
Len de l'El (W)
261.
Listan blanca (W)
262.
Loureiro (W)
263.
Macabeu/Macabeo (W)
264.
Malvasia (W)
265.
Malvasia/Malvasia bianca (W)
266.
Malvasia bianca di Candia (W)
267.
Malvasia bianca lunga (W)
268.
Malvasia Branca (W)
269.
Malvasia del Lazio (W)
270.
Malvasia di candia aromatica (W)
271.
Malvasia Fina/Boal (W)
272.
Malvasia Istriana/Malvazija/Istarska malvazija (W)
273.
Malvasia Rei (W)
274.
Mantua/Chelva (W)
275.
Marisancho (W)
276.
Marsanne (W)
277.
Mauzac (W)
278.
Melon (W)
279.
Messeguera (W)
280.
Misket cherven (W)
281.
Monemvasia (W)
282.
Montepulciano bianco (W)
283.
Montua (W)
284.
Moscatel de Alejandría (W)
285.
Moscatel de grano menudo (W)
286.
Moscatel de Malaga (W)
287.
Moscatel Galego Branco/Muscat à Petits Grains/Tămâioasă românească (W)
288.
Moscatel Graúdo/Moscatel-de-Setúbal (W)
289.
Moscato/Sárga muskotály (W)
290.
Moscato giallo (W)
291.
Moschato (W)
292.
Müller — Thurgau/Rizlingszilváni/Riesling x Sylvaner/Rivaner (W)
293.
Muscadelle (W)
294.
Muscat Alexandrie (W)
295.
Muscat blanc à petits grains (W)
296.
Muscat Ottonel/Otthonel muskotály (W)
297.
Muskateller (W)
298.
Mustoasă de Măderat (W)
299.
Neuburger (W)
300.
Nuragus (W)
301.
Ondarrabi Zuri (W)
302.
Ortega (W)
303.
Ortrugo (W)
304.
Palomino fino (W)
305.
Palomino superior (W)
306.
Pardina (W)
307.
Parellada (W)
308.
Passerina (W)
309.
Pecorino (W)
310.
Pedro Ximenez (W)
311.
Perruno (W)
312.
Petit Manseng (W)
313.
Pignoletto (W)
314.
Pinot blanc/Pinot/Burgunder, Weißer/Weißburgunder/Klevner/Rulandské bílé/Rulandské biele/Beli pinot (W)
315.
Piquepoul blanc (W)
316.
Planta nova (W)
317.
Prosecco lungo (W)
318.
Rabigato (W)
319.
Rabo de Ovelha (W)
320.
Rebula (W)
321.
Riesling italico/Olasz rizling/Rizling vlassky/Ryzlink vlašský/Laški rizling/Graševina/Risling vlašský (W)
322.
Riesling, Weißer/Riesling/Rheinriesling/Ryzlink rýnský/Renski rizling/Rajnai rizling/Rajnski rizling/Risling rýnsky (W)
323.
Rkatsiteli (W)
324.
Rompola (W)
325.
Roussanne (W)
326.
Sarba (W)
327.
Sardone (W)
328.
Sauvignon blanc/Sauvignon/Muskat-Sylvaner (W)
329.
Savagnin Blanc (W)
330.
Savvatiano (W)
331.
Scheurebe (W)
332.
Seara Nova (W)
333.
Semillon (W)
334.
Šipon (W)
335.
Síria/Roupeiro/Códega (W)
336.
Soultanina (W)
337.
Sylvaner/Silvaner, Grüner (W)
338.
Szürkebarát (W)
339.
Terret blanc (W)
340.
Tocai friulano (W)
341.
Torrontes (W)
342.
Tortosina (W)
343.
Trajadura/Treixadura (W)
344.
Tramini (W)
345.
Trebbiano abruzzese (W)
346.
Trebbiano di Soave (W)
347.
Trebbiano giallo (W)
348.
Trebbiano romagnolo (W)
349.
Trebbiano toscano (W)
350.
Treixadura (W)
351.
Ugni blanc (W)
352.
Veltliner/Veltliner, Grüner/Weißgipfler/Veltlínské zelené/Veltlínske zelené/Zöld veltelini (W)
353.
Verdeca (W)
354.
Verdejo blanco (W)
355.
Verdicchio bianco (W)
356.
Verdoncho (W)
357.
Verduzzo friulano (W)
358.
Verduzzo trevigiano (W)
359.
Vermentino (W)
360.
Vernaccia di S. Gimignano (W)
361.
Vilana (W)
362.
Viogner (W)
363.
Viognier (W)
364.
Viosinho (W)
365.
Vital (W)
366.
Welschriesling (W)
367.
Xarello blanco (W)
368.
Xinisteri (W)
369.
Zalagyöngye (W)
370.
Zalema (W)
371.
Zenit (W)
372.
Zibibbo (W)
373.
Other main white grape varieties (W)
374.
Other main white mixed grape varieties (W)
375.
Total main other different colour grape varieties (O)
Σ 376 — 386
376.
Babeasca gri (O)
377.
Busuioaca de Bohotin (O)
378.
Gewürztraminer/Traminer aromatico/Tramín červený/Traminer roz (O)
379.
Grenache gris (O)
380.
Grenas Rose (O)
381.
Moschofilero (O)
382.
Pinot gris/Pinot grigio/Ruländer/Burgunder, Grauer/Rulandské šedé/Sivi pinot (O)
383.
Roditis (O)
384.
Sauvignon gris (O)
385.
Other main different colour grape varieties (O)
386.
Other main mixed grape varieties of other mixed colours (O)
387.
Total main grape varieties without specified colour
Table 11
Labels for unit
Number
Label
1.
Number of holdings
2.
Hectare |
17.3.2014
EN
Official Journal of the European Union
L 78/4
COUNCIL DECISION
of 11 March 2014
on the position to be taken on behalf of the European Union within the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards amendment of the Annex to the Additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein
(2014/144/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (1) (hereinafter referred to as the "Agreement") entered into force on 1 June 2002.
(2)
Article 6 of the Agreement sets up a Joint Committee on Agriculture (hereinafter referred to as the "Committee"), which is responsible for the administration of the Agreement and ensures its good functioning.
(3)
An Additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2) (hereinafter referred to as the "Additional Agreement") entered into force on 27 September 2007.
(4)
Pursuant to Article 2(2) of the Additional Agreement, the Committee may modify the Annex to the Additional Agreement, in accordance with Articles 6 and 11 of the Agreement.
(5)
It is necessary to amend the Annex to the Additional Agreement in order to update the details of the competent agency of the Liechtenstein government and to reflect the amendments to Annex 7 and Annex 12 to the Agreement.
(6)
The position to be taken on behalf of the Union within the Committee should therefore be based on the attached draft Decision,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf within the Joint Committee on Agriculture shall be based on the draft Decision of the Committee attached to this Decision.
Technical amendments to the draft Decision may be agreed to by the representatives of the Union within the Committee without the need for a further Council Decision.
Article 2
The Decision of the Committee shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 11 March 2014.
For the Council
The President
G. STOURNARAS
(1) OJ L 114, 30.4.2002, p. 132.
(2) OJ L 270, 13.10.2007, p. 6.
DRAFT
DECISION No …/2014 OF THE JOINT COMMITTEE ON AGRICULTURE
of …
concerning amendment of the Additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
THE JOINT COMMITTEE ON AGRICULTURE,
Having regard to the Additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 2(2) thereof,
Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 11 thereof,
Whereas:
(1)
The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter referred to as 'the Agreement') entered into force on 1 June 2002.
(2)
The Additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter referred to as 'the Additional Agreement') entered into force on 27 September 2007.
(3)
The Annex to the Additional Agreement should be amended in order to update the address of the agency of the Liechtenstein government competent for matters handled by the cantonal agricultural authorities, to reflect Decision No 1/2012 of the Joint Committee on Agriculture on the amendment of Annex 7 (trade in wine-sector products), which entered into force on 4 May 2012, and to supplement the list of designations of origin and geographical indications for agricultural products and foodstuffs originating in Liechtenstein,
HAS DECIDED AS FOLLOWS:
Article 1
The Annex to the Additional Agreement is amended as follows:
1)
The second paragraph under the heading 'Principle' is replaced by the following:
‘Where Swiss canton authorities are assigned duties, responsibilities and powers, these shall be incumbent on the competent Liechtenstein government agencies. For matters handled by the canton agricultural authorities this means the Office for the Environment, Agriculture Department ('Amt für Umwelt, Abteilung Landwirtschaft'), Dr Grass-Strasse 12, FL-9490 Vaduz, and for matters handled by the canton veterinary and food authorities it means the Office of Food Inspection and Veterinary Affairs (OFV) ('Amt für Lebensmittelkontrolle und Veterinärwesen'), Postplatz 2, FL-9494 Schaan’.
2)
Under the entry 'Annex 7, Trade in wine products', the subheading 'Protected names of wine products originating in Liechtenstein (within the meaning of Article 6 of Annex 7)' is replaced by the following subheading:
'Protected names of wine products originating in Liechtenstein (within the meaning of Article 5 of Annex 7)'.
3)
The following geographical indication is added to the list of Swiss geographical indications protected under Appendix 1 to Annex 12 to the Agreement, the geographical area of which also includes the territory of Liechtenstein:
‘Werdenberger Sauerkäse/Liechtensteiner Sauerkäse/Bloderkäse (PDO)’.
Article 2
This Decision shall enter into force on … 2014.
Done at …,
For the Joint Committee on Agriculture
The Head of the European Union Delegation
The Head of the Swiss Delegation
The Committee Secretary |
6.2.2014
EN
Official Journal of the European Union
L 37/1
COMMISSION REGULATION (EU) No 100/2014
of 5 February 2014
amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 18a(3)(b) thereof,
Whereas:
(1)
Directive 2008/101/EC of the European Parliament and of the Council (2) amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Union.
(2)
Commission Regulation (EC) No 748/2009 (3) establishes a list of aircraft operators which had performed an aviation activity as defined in Annex I to Directive 2003/87/EC on or after 1 January 2006.
(3)
That list aims to reduce the administrative burden on aircraft operators by providing information on which Member State will be regulating a particular aircraft operator.
(4)
The inclusion of an aircraft operator in the Union’s emissions trading scheme is dependent upon the performance of an aviation activity as set out in Annex I to Directive 2003/87/EC and is not dependent on the inclusion in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of that Directive.
(5)
In establishing the updated list of the aircraft operators to include aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC in 2013, account has been taken of the fleet list declarations provided to the Commission by aircraft operators and service companies. However, a number of management or service companies and aircraft registration markings appear in the updated list instead of aircraft operators due to a lack of information provided.
(6)
Regulation (EC) No 748/2009 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 748/2009 is replaced by the Annex to this Regulation.
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 Brussels, 5 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 275, 25.10.2003, p. 32.
(2) Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).
(3) Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1).
ANNEX
BELGIUM
CRCO Identification no.
Operator Name
State of the Operator
Abelag Aviation
BELGIUM
ACT AIRLINES
TURKEY
AIRBORNE EXPRESS
UNITED STATES
ALLIED AIR LIMITED
NIGERIA
ASTRAL AVIATION LTD
KENYA
AVIASTAR-TU CO.
RUSSIAN FEDERATION
AVIA TRAFFIC COMPANY
TAJIKISTAN
BRUSSELS AIRLINES
BELGIUM
CAIRO AVIATION
EGYPT
CAL CARGO AIRLINES
ISRAEL
CAPITAL AVTN SRVCS
NETHERLANDS
CHALLENGER AERO
PHILIPPINES
CORPORATE WINGS LLC
UNITED STATES
CRESAIR INC
UNITED STATES
EGYPTAIR CARGO
EGYPT
EXCELLENT INVESTMENT LLC
UNITED STATES
FedEx Express Corporate Aviation
UNITED STATES
Flying Partners CVBA
BELGIUM
Flying Service N.V.
BELGIUM
FAYARD ENTERPRISES
UNITED STATES
GAFI GENERAL AVIAT
SWITZERLAND
GREAT ALLIANCE WORLD
UNITED KINGDOM
GREEN DIESEL LLC
UNITED STATES
HAINAN AIRLINES (2)
CHINA
HEWA BORA AIRWAYS
CONGO
INTERNET JET
NETHERLANDS
INTER WETAIL AG
SWITZERLAND
INTL PAPER CY
UNITED STATES
KALITTA AIR
UNITED STATES
LAS VEGAS CHARTER
UNITED STATES
MASTER TOP LINHAS
BRAZIL
MERIDIAN (AIRWAYS)
BELGIUM
MIL BELGIUM
BELGIUM
NEWELL RUBBERMAID
UNITED STATES
N604FJ LLC
UNITED STATES
N907WS AVIATION LLC
UNITED STATES
OfficeMax Inc
UNITED STATES
RIPPLEWOOD AVTN
UNITED STATES
Sky Service
BELGIUM
SAUDIA
SAUDI ARABIA
SEA-AIR
BELGIUM
SIA CARGO PTE LTD
SINGAPORE
SILVERBACK CARGO
RWANDA
SOLARIUS AVIATION
UNITED STATES
SONOCO PRODUCTS CO
UNITED STATES
SOUTHERN AIR
UNITED STATES
STANLEY BLACK&DECKER
UNITED STATES
THOMAS COOK ARL BELG
BELGIUM
TNT AIRWAYS
BELGIUM
TRIDENT AVIATION SVC
UNITED STATES
TUI AIRLINES - JAF
BELGIUM
ULTIMATE ACFT SERVIC
UNITED STATES
VF CORP
UNITED STATES
VF INTERNATIONAL
SWITZERLAND
VIPER CLASSICS LTD
UNITED KINGDOM
V L M
BELGIUM
WILSON & ASSOCIATES OF DELAWARE LLC
UNITED STATES
WWF OPERATING CO
UNITED STATES
YILTAS GROUP
TURKEY
a11534
Operator using TAIL NB: VPBDV
Unknown
BULGARIA
CRCO Identification no.
Operator Name
State of the Operator
AEROTRANS KAZAKSTAN
KAZAKHSTAN
AEROVISTA
UNITED ARAB EMIRATES
AERO POWER LTD
UNITED KINGDOM
AIR BAN
BULGARIA
AIR IBERIA LTD.
GEORGIA
AIR LIBYA 2
LIBYA
AIR VIA BULGARIAN
BULGARIA
AIR VICTORY
GEORGIA
AIR WEST GEORGIA
GEORGIA
ANIKAY AIR MIDDLE E
JORDAN
ARARAT INTERNATIONAL
ARMENIA
ASIAN EXPRESS TAJIK
TAJIKISTAN
ASIAN SPIRIT
PHILIPPINES
ASIA AIRWAYS
UNITED ARAB EMIRATES
BALTIC AIRLINES UU
RUSSIAN FEDERATION
BEIBARS CJSC
KAZAKHSTAN
BH AIR
BULGARIA
BULGARIAN AIR CHRTR.
BULGARIA
BULGARIA AIR
BULGARIA
CARGO AIR LTD.
BULGARIA
EAST WING KAZAKHSTAN
KAZAKHSTAN
FLY ADJARA
GEORGIA
GR AVIA S.A.
GUINEA
HEMUS AIR
BULGARIA
INTERNAL MINISTRY UU
RUSSIAN FEDERATION
IRANIAN AIR TRANSPOR
IRAN, ISLAMIC REPUBLIC OF
JORDAN INT AIR CARGO
JORDAN
KHORIV AVIA
UKRAINE
KOKSHETAU AIRLINE
KAZAKHSTAN
KOMIAVIAVIATRANS 2
RUSSIAN FEDERATION
KREMENCHUK FLIGHT
UKRAINE
KRUNK AVIATION 2
UKRAINE
MOSCOW AIRLINES JSC
RUSSIAN FEDERATION
PMT AIR
CAMBODIA
RGB ENTERPRISES LLC
UNITED STATES
ROSAVIA AIR COMPANY
UKRAINE
RUBYSTAR
BELARUS
SAYAT AIR KAZAKSTAN
KAZAKHSTAN
SENEGALAIR
SENEGAL
SKY JET KAZAKHSTAN
KAZAKHSTAN
STARLINE KZ JSC
KAZAKHSTAN
TABAN AIR
IRAN, ISLAMIC REPUBLIC OF
TROPICAL AIR (Z) LTD
TANZANIA, UNITED REPUBLIC OF
UKRSPECEXPORT
UKRAINE
VIP-AVIA
GEORGIA
YAK AIR
GEORGIA
ZAGROS AIRLINES
IRAN, ISLAMIC REPUBLIC OF
CROATIA
CRCO Identification no.
Operator Name
State of the Operator
Croatia Airlines Hrvatska zrakoplovna tvrtka d.d.
CROATIA
SAMANA SP. MISSION
SAUDI ARABIA
THE FUTURA CORPORTN
CANADA
CZECH REPUBLIC
CRCO Identification no.
Operator Name
State of the Operator
ACL SLOVACKY
CZECH REPUBLIC
ACS SA
SPAIN
AERO VODOCHODY
CZECH REPUBLIC
AERSALE INC
UNITED STATES
AIRCRAFT INDUSTRIES
CZECH REPUBLIC
AIRLINE CONT.MNTN EQ
UNITED STATES
AIR NAVIGATION LK
CZECH REPUBLIC
ALANDIA AIR AB
FINLAND
ATMA AIRLINES
UNITED ARAB EMIRATES
AURORA AIRLINES JSC
RUSSIAN FEDERATION
AVTN SPECIALTIES INC
UNITED STATES
AXIS AVIATION GROUP
UNITED STATES
BELOGORIE
RUSSIAN FEDERATION
CAA CZECH REPUBLIC
CZECH REPUBLIC
CAIMITO ENTERP. LTD
CYPRUS
CZECH AIRLINES
CZECH REPUBLIC
CZECH CONNECT AIRLIN
CZECH REPUBLIC
Executive Flight Services, Inc.
UNITED STATES
EARTH ONE LIMITED
UNITED KINGDOM
GEORGIAN INTERNATION
GEORGIA
GLOBAL AVIATION LIBY
LIBYA
HOLIDAY CZECH
CZECH REPUBLIC
HYUNDAI MOTOR CO
KOREA, REPUBLIC OF
ILIN AIRCOMPANY
RUSSIAN FEDERATION
INCLEDON ENTERPRISES
CYPRUS
JOB AIR SRO
CZECH REPUBLIC
JUMP-TANDEM
CZECH REPUBLIC
LETS FLY SRO
CZECH REPUBLIC
LITTLE AVIATION LTD
AUSTRALIA
MIDAMERICA HOLDINGS
UNITED STATES
MIL CZECH REPUBLIC
CZECH REPUBLIC
NORSE AIR CHARTER
SOUTH AFRICA
NOVA CHEMICALS
UNITED STATES
OKAY HOLDING AS
CZECH REPUBLIC
PETROPAVLOVSK AIR
RUSSIAN FEDERATION
PRAGA AVIATION S.R.O
CZECH REPUBLIC
Red.Com
UNITED STATES
RETENTURA LTD.
CYPRUS
ROCKWELL AUTOMATION
UNITED STATES
SKYDIVE LK
CZECH REPUBLIC
SKY DIVING FOR FUN
SLOVAKIA
SKY GEORGIA
GEORGIA
SKY KG AIRLINES
TAJIKISTAN
SOVEREIGN EXPRESS
VIRGIN ISLANDS, BRITISH
STEVENS EXPRESS
UNITED STATES
Timber LLC
UNITED STATES
TRAVEL SERVIS A.S.
CZECH REPUBLIC
UKRAINIAN PILOT
UKRAINE
VIDEOTAPE CENTER
UNITED STATES
VIETJET AIR S.R.O.
VIET NAM
YANAIR
UKRAINE
a12699
Operator using TAIL NB: N150RN
UNITED STATES
DENMARK
CRCO Identification no.
Operator Name
State of the Operator
AIR ALPHA A/C SALES
DENMARK
AIR ALSIE
DENMARK
AIR GREENLAND
DENMARK
AIR PANAMA
PANAMA
ALIGAP A/S
DENMARK
ALUMECO A/S
DENMARK
ATLANTIC AIRWAYS
DENMARK
AVIATION HOLDINGS
UNITED STATES
A/S MAERSK AVIATION
DENMARK
BGR I/S
DENMARK
BRASILIA JET CENTER
BRAZIL
CANYON GATE FLT SVCS
UNITED STATES
CIMBER STIRLING
DENMARK
CITICAPITAL LOCAVIA
FRANCE
Danish Air Transport A/S
DENMARK
Duchossois Industries, Inc.
UNITED STATES
DRT VERTRIEBS GMBH
DENMARK
ELMAGAL AVIATION
SUDAN
EWAN LTD
UNITED KINGDOM
EXECUJET EUROPE A/S
DENMARK
FIRST GREENWICH
UNITED KINGDOM
GCTPA, LLC
UNITED STATES
GENCHART B.V.
NETHERLANDS
GE CAPITAL SOLUTIONS
DENMARK
GLOBAL TRANSERVICE
UNITED STATES
GRAAKJAER A/S
DENMARK
JASMINE AVIATION LLC
UNITED STATES
JET FLEET INTL
UNITED STATES
JET TIME A/S
DENMARK
JJO Invest ApS
DENMARK
KIRKBI INVEST
DENMARK
KIRKBI TRADING
DENMARK
KIRK AVIATION A/S
DENMARK
LAO CAPRICORN AIR
LAO PEOPLE'S DEMOCRATIC REPUBLIC
Madrone Advisors LLC
UNITED STATES
MOENS, G
NETHERLANDS
MONGOLIAN AIRLINES
MONGOLIA
Nordic Aviation Capital A/S
DENMARK
NAC AVIATION & LTD
DENMARK
NAPLES FLIGHT MGMT
UNITED STATES
NILAN A/S
DENMARK
OLGA LEASING LTD
BERMUDA
OTTER PRODUCTS LLC
UNITED STATES
PARTNERSELSKABET
DENMARK
PHARMA NORD
DENMARK
PRIMERA AIR SCAND
DENMARK
RHEINLAND AIR SERV.
GERMANY
ROMANIAN AIRPORT SVC
ROMANIA
SCANDINAVIA EXECUTIV
DENMARK
SGA A/S
DENMARK
STAR AIR
DENMARK
SUN WAY GEORGIA
GEORGIA
SUN-AIR of Scandinavia
DENMARK
THOMAS COOK SCAND.
DENMARK
VINCENT AVIATION LTD
NEW ZEALAND
VIP PARTNERFLY
DENMARK
WEIBEL SCIENTIFIC
DENMARK
GERMANY
CRCO Identification no.
Operator Name
State of the Operator
ebm-papst Mulfingen GmbH & Co. KG
GERMANY
Academy of Art University
UNITED STATES
Adolf Würth GmbH & Co. KG
GERMANY
Aeroflot - Russian Airlines
RUSSIAN FEDERATION
Aerologic GmbH
GERMANY
Aero Personal s.a de c.v.
MEXICO
Airtrans Flugzeugvermietungs GmbH
GERMANY
AirBridgeCargo Airlines LLC
RUSSIAN FEDERATION
Air Astana JSC
KAZAKHSTAN
Air Berlin PLC & Co. Luftverkehrs KG
GERMANY
Air China Cargo Co., Ltd
CHINA
Air China Limited
CHINA
Air Serbia
SERBIA
Air-Service GmbH
GERMANY
Archer Daniels Midland Company
UNITED STATES
Asiana Airlines
KOREA, REPUBLIC OF
Atlasjet Airlines
TURKEY
Atlas Air, Inc.
UNITED STATES
AAA AVIATION & AIRCR
GERMANY
ACG AIR CARGO
GERMANY
ACH HAMBURG
GERMANY
ACM AIR CHARTER GMBH
GERMANY
ADVANCED AV. LOGIST
GERMANY
ADVANCE AIR LFG
GERMANY
AERODIENST
GERMANY
AEROFLOT CARGO
RUSSIAN FEDERATION
AEROWAYS GMBH
GERMANY
AERO BEE AIRLINES
CANADA
AFI FLIGHT INSPECT.
GERMANY
AGILES AVIATION
AUSTRIA
AGRATA AVIATION
ESTONIA
AHSEL HAVA
TURKEY
AIRCASTLE ADVISOR
UNITED STATES
AIRCRAFT ASSET MGT.
GERMANY
AIRCRAFT GENERAL
ITALY
AIRCRAFT GUARANTY CORP TRUSTEE
UNITED STATES
AIRCRAFT MNGMT LS
SWITZERLAND
AIRCRAFT PARTNER
GERMANY
AIRCRAFT RENT A.S.
CZECH REPUBLIC
AIRCRAFT SOLUTIONS
LUXEMBOURG
AIRLIFT SERVICE D.O.
MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF
AIRPHIL EXPRESS
PHILIPPINES
AIRVIP LTD.
BERMUDA
AIR ALLIANCE GMBH
GERMANY
AIR ARABIA EGYPT
EGYPT
AIR CHINA BUSINESS
CHINA
AIR FINKENWERDER
GERMANY
AIR FUHLSBUETTEL
GERMANY
AIR HAMBURG
GERMANY
AIR KUBAN
RUSSIAN FEDERATION
AIR MACAU CO. LTD.
MACAO SAR
AIR NAMIBIA
NAMIBIA
AIR NATIONAL CORP
NEW ZEALAND
AIR SERBIA
SERBIA
AIR SERVICE BERLIN
GERMANY
AIR TRANSPORT INTL 2
UNITED STATES
AIR 1 AVIATION
UNITED STATES
AJWA AVIATION
SAUDI ARABIA
ALPLA AIR CHARTER
AUSTRIA
ALSCO
UNITED STATES
AL HOKAIR
SWITZERLAND
AL SAHAB LIMITED
BAHRAIN
AL-THANI
QATAR
AMENTUM CAPITAL LTD
IRELAND
AMJET AVIATION
UNITED STATES
AOP AIR OPERATING
SWITZERLAND
API HOLDING
GERMANY
ARCAS AVIATION GMBH
GERMANY
ARTOC Group for Investment and Development
EGYPT
ASG AVIATION
GERMANY
ASIA CONTINENTAL
KAZAKHSTAN
ASIA CONTINENT AVIA
KAZAKHSTAN
ASIA TODAY LTD
CHINA
ASW Air-Service Werkflugdiesnt GmbH & Co. KG
GERMANY
ATG SWISS FIRST
SWITZERLAND
AUGSBURG AIRWAYS GMB
GERMANY
AURON LTD
BERMUDA
AVAZ D.O.O.
BOSNIA AND HERZEGOVINA
AVIANDO SERVICES
UNITED STATES
AVIATION CAP GRP
UNITED KINGDOM
AVIATION INVESTMENT
GERMANY
AVIATION JOLINA SEC
CANADA
AVIATION PARTNERS S
HONDURAS
AZT LLC
UNITED STATES
Bahag Baus Handelsgesellschaft AG Zug/Schweiz Zweigniederlassung Mannheim
GERMANY
Bauhaus Gesellschaft für Bau- und Hausbedarf mbH & Co.
GERMANY
Beef Products Inc. / BPI Technology Inc.
UNITED STATES
Blue Sky Airservice GmbH
GERMANY
Blue Wings AG
GERMANY
Bombardier PreOwned
UNITED STATES
Bombardier Transportation GmbH
GERMANY
Bundespolizei-Fliegergruppe
GERMANY
Business Jet Ltd
NEW ZEALAND
BAE SYSTEMS FLT SYST
UNITED STATES
BALL CORP
UNITED STATES
BARBEDOS GROUP LTD
NIGERIA
BASF SE
GERMANY
BATAVIA AIR
INDONESIA
BAVARIA INTERNATION
GERMANY
BEDO BETEILIGUNGS
GERMANY
BEECHCRAFT BERLIN
GERMANY
BEECHCRAFT CORP.
UNITED STATES
BERATEX GROUP LTD
RUSSIAN FEDERATION
BIZAIR FLUG GMBH
GERMANY
BLACK FOREST VENTURES LLC
UNITED STATES
BLUE SKY GROUP
UNITED STATES
BMW AG
GERMANY
BOEKHOORN M&A
NETHERLANDS
BOMBARDIER AEROSPACE
UNITED STATES
BORAJET HAVACILIK
TURKEY
BOSTON POST LEASING
UNITED STATES
BOURNEMOUTH AIR LTD.
SWITZERLAND
BREMENFLY GMBH
GERMANY
BURDA REISEFLUG
GERMANY
Chai Ltd.
BERMUDA
Challenge Aero AG
UKRAINE
Cirrus Airlines Luftfahrtgesellschaft mbH
GERMANY
Colgan Air Services
UNITED STATES
Condor Flugdienst GmbH
GERMANY
Cummins Inc.
UNITED STATES
CANJET AIRLINES
CANADA
CAPE CHAMONIX WINE
SOUTH AFRICA
CARSON AIR LTD
CANADA
CA "Air Moldova" IS
MOLDOVA, REPUBLIC OF
CEBU PACIFIC AIR
PHILIPPINES
CENTRAL MOUNTAIN AIR
CANADA
CHONGQING AIRLINES
CHINA
CIRRUS AVIATION
GERMANY
CLASSIC SERVICES INC
UNITED STATES
CLUB SAAB 340
SWITZERLAND
COMFORT AIR
GERMANY
COMMANDER MEXICANA
MEXICO
CONTINENT AIRLINE UU
RUSSIAN FEDERATION
COOK AIRCRAFT
UNITED STATES
CORP JET SVCS
UNITED KINGDOM
CRISTALIA PRODUTOS
BRAZIL
CSM MINING SUPPLIES
SOUTH AFRICA
CTL LOGISTICS S.A.
POLAND
Delta Air Lines, Inc.
UNITED STATES
Delta Technical Services Ltd
GERMANY
Deutsche Lufthansa AG
GERMANY
Dr. August Oetker KG
GERMANY
DANAHER CORPORATION
UNITED STATES
DAO AVIATION
DENMARK
DAS DIRECT AIR
GERMANY
DATELINE OVERSEAS
CYPRUS
DAUAIR
GERMANY
DBA LUFTFAHRTGESELL.
GERMANY
DCS Management Services
UNITED STATES
DC Aviation GmbH
GERMANY
DEERE & COMPANY
UNITED STATES
DEKALB FARMERS MARK.
UNITED STATES
DERMAPHARM
GERMANY
DFZ, LLC
UNITED STATES
DH Flugcharter GmbH
GERMANY
DIETZ AG
GERMANY
DIETZ AVIATION GMBH
GERMANY
DIEVB GMBH & CO.KG
GERMANY
DLR BRAUNSCHWEIG
GERMANY
DLR OBERPFAFFENHOFEN
GERMANY
DOGAN HAVACILIK
TURKEY
DONAVIA JSC
RUSSIAN FEDERATION
DORNIER NO LIMITS
GERMANY
DO-TEC GMBH
GERMANY
DR. AUGUST OETKER KG
GERMANY
DULCO HANDEL GMBH
GERMANY
DUSSMANN P
UNITED STATES
DUTCH ANTILLES EXPR.
ARUBA
D2 AVIATION
UNITED STATES
Emil Capital Partners, LLC
UNITED STATES
Epps Air Service, Inc.
UNITED STATES
EAT LEIPZIG GMBH
GERMANY
EEA GMBH
GERMANY
EICHSFELD AIR GMBH
GERMANY
ELITE JET SERVICE
GERMANY
EON AVIATION
INDIA
ERSTE ASSET INVEST.
GERMANY
ESCHMANN H D
GERMANY
EUROCOPTER DEUTSCHL.
GERMANY
EUROPEAN AIR EXPRESS
GERMANY
EURO AIR CHARTER
GERMANY
EVERGREEN AIRLINES
UNITED STATES
EXECUJET AVIATION
SOUTH AFRICA
EXECUTIVE JET SERV.
CONGO
EXECUTIVE SVCS (AZ)
UNITED STATES
E.I. du Pont de Nemours and Company
UNITED STATES
Farnair Switzerland AG
SWITZERLAND
Firma Steiner-Film
GERMANY
Flugbereitschaft des Bundesministerium der Verteidigung (FlBschft BMVg)
GERMANY
Fresena Flug GmbH & Co KG
GERMANY
FAI RENT-A-JET
GERMANY
FALCON 007 S.A.R.L.
FRANCE
FANCOURT FLUGCHARTER GmbH & CO KG
SWITZERLAND
FAS GMBH
GERMANY
FINKCAS
GERMANY
FIRST DATA CORP
UNITED STATES
FLIGHT CALIBRATION
GERMANY
FLIGHT CAL. MALAYSIA
MALAYSIA
FLM AVIATION
GERMANY
FLUGSCHULE HAMBURG
GERMANY
FLYING TECHNOLOGY
RUSSIAN FEDERATION
FLY ALPHA GMBH
GERMANY
FMG-FLUGSCHULE
GERMANY
FRENZEL G
GERMANY
FRONTIER AIRLINES
UNITED STATES
FUENFTE XR-GMBH
GERMANY
Germania Fluggesellschaft mbH
GERMANY
Germanwings GmbH
GERMANY
Gibbs International, Inc.
UNITED STATES
Gruss & Company
UNITED STATES
GABINETTE (ANG)
ANGOLA
GALAXIAS AVIATION
VIRGIN ISLANDS, BRITISH
GAS AIR SERVICE GMBH
GERMANY
GEKO TRADE
GERMANY
GEMUE GEBR. MUELLER
GERMANY
GENERAL MOTORS
UNITED STATES
GEOJET LUFTFAHR. (2)
GERMANY
GEORGE TOLOFAFI
NIGERIA
GERMANIA EXPRESS
GERMANY
GERMAN SKY AIRLINES
GERMANY
GE CAPITAL B.V.
NETHERLANDS
GE CAPITAL SWITZERL.
SWITZERLAND
GHASSAN AHMED AL
UNITED ARAB EMIRATES
GLOBAL AVTN BERMUDA
BERMUDA
GLOBAL A/C CONSULT
UNITED STATES
GLOBO AVIACAO
BRAZIL
GOMEL AIRLINES
BELARUS
GOVERNMENT CROATIA
CROATIA
GOVERNMENT MACEDONIA
MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF
GREENWAY JETS
UNITED STATES
GROB AIRCRAFT AG
GERMANY
GULF JET
UNITED ARAB EMIRATES
G-92 KFT
HUNGARY
Haworth Transport
UNITED STATES
HeidelbergCement AG
GERMANY
Herc Management Services LLC
UNITED STATES
Herrenknecht Aviation GmbH
GERMANY
HAITEC AIRCRAFT
GERMANY
HAMBURG AIRWAYS
GERMANY
HANSGROHE SE
GERMANY
HASLBERGER FINANZ.
GERMANY
HAWKER HUNTER AVTN
UNITED KINGDOM
HELIJET CHARTER
GERMANY
HOMAC AVIATION AG
GERMANY
HONG WEI CO LTD
TAIWAN
HTM HELICOPTER TRAVE
GERMANY
HURKUS HAVAYOLU TASIMACILIK VE TIC A.S. (d.b.a. FREEBIRD AIRLINES)
TURKEY
Intermap Technologies
UNITED STATES
IAC FALCON HOLDINGS
Unknown
IDEAVILLAGE PRODUCTS
UNITED STATES
IFM Traviation GmbH
GERMANY
ILYUSHIN AVIATION
RUSSIAN FEDERATION
INFINUM ALTIDO INC.
RUSSIAN FEDERATION
INTERGLOBE AVIATION
INDIA
INTL TECH TRADING
UNITED STATES
IRANAIR
IRAN, ISLAMIC REPUBLIC OF
IRAQI AIRWAYS (2)
IRAQ
ISE INFORMATION SYS.
GERMANY
Joint Stock Company Ural airlines
RUSSIAN FEDERATION
JEJU AIR
KOREA, REPUBLIC OF
JESWALT INTL
VIRGIN ISLANDS, BRITISH
JETAIR FLUG GMBH
GERMANY
JETFLIGHT AVIATION Inc.
SWITZERLAND
JETSTAR PACIFIC
VIET NAM
JETS EXECUTIVOS
MEXICO
JET EXECUTIVE INT.
GERMANY
JET GROUP LTD
ISRAEL
JOHNSON CONTROLS
UNITED STATES
JORDAN INTNL
CHINA
JULIUS BERGER
NIGERIA
JUNEYAO AIRLINES
CHINA
JUNKER ERWIN GRINDI
CZECH REPUBLIC
Kimberly-Clark Corporation
UNITED STATES
Knauf Astra Ltd.
UNITED KINGDOM
Kompass GmbH & Co. KG
GERMANY
KARMANN GMBH
GERMANY
KAZAVIASPAS
KAZAKHSTAN
KELLY, M
IRELAND
KIEV AVIATION PLANT
UKRAINE
KOREAN AIR LINES CO., LTD.
KOREA, REPUBLIC OF
KRASNOJARSKY AIRLINE
RUSSIAN FEDERATION
KUGU HAVACILIK
TURKEY
Liebherr Geschäftsreiseflugzeug GbR
GERMANY
Luftfahrt-Bundesamt
GERMANY
Lufthansa Cargo AG
GERMANY
Lufthansa Technik AG
GERMANY
LANARA LTD
UNITED KINGDOM
LEAR 45-086 HOLD COR
UNITED STATES
LECH-AIR FLUGZEUG
GERMANY
LGM LUFTFAHRT GMBH
GERMANY
LIBRA FLUGZEUG GBR
GERMANY
LIBRA TRAVEL
SWITZERLAND
LINCARE LEASING LLC
UNITED STATES
LTU LUFTTRANSPORT
GERMANY
LUFTHANSA TECH. VIP
GERMANY
LUFT AVTN CHARTER
AUSTRALIA
LWE VERMIETUNGS GMBH
GERMANY
L&T AVIATION SVCS
INDIA
Microstrategy Services Corporation
UNITED STATES
Miklos Services Corp.
VIRGIN ISLANDS (UK)
Montenegro Airlines
MONTENEGRO
MABETEX GROUP
SWITZERLAND
MAHAN AIR
IRAN, ISLAMIC REPUBLIC OF
MAKEDONSKI AVIOTRANS
MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF
MARXER ANLAGEN
GERMANY
MAT AIRWAYS
MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF
MAZ AVIATION
SAUDI ARABIA
MCM MAINTENANCE
GERMANY
MENA AEROSPACE (OB)
BAHRAIN
MENEKSE HAVAYOLLARI
TURKEY
MERAVO LUFTREEDEREI
GERMANY
MERIDIAN+
RUSSIAN FEDERATION
MILLENNIUM AVIATION
AUSTRIA
MLW AVIATION LLC
UNITED STATES
MNG Havayollari ve Tasimacilik A.S. (MNG Airlines)
TURKEY
MOELLERS MASCHINEN
GERMANY
MYN AVIATION
SAUDI ARABIA
MZ TRANSPORTATION
GERMANY
M-BJEP Ltd.
ISLE OF MAN
M. Bohlke Veneer Corp.
UNITED STATES
Nasser Ltd.
CAYMAN ISLANDS
Newlead Limited
VIRGIN ISLANDS (UK)
Nike, Inc.
UNITED STATES
NASA AMES CENTER
UNITED STATES
NATIONAL LEGACY
KUWAIT
NAYAK AIRCRAFT SERV.
GERMANY
NAYAK INTERNATIONAL
GERMANY
NEMESIS VERMOEGENSV.
GERMANY
NEUMEYR FLUGGERAETE
GERMANY
NEW YORKER GROUP
GERMANY
NORTH AMERICAN JET
UNITED STATES
NOVELLUS SYSTEMS
UNITED STATES
NOVESPACE
FRANCE
N16FX Trust
UNITED STATES
N250RG LLC
UNITED STATES
Omni Air International
UNITED STATES
Open Joint Stock Company "Rossiya Airlines" JSC "Rossiya Airlines"
RUSSIAN FEDERATION
OBO JET-CHARTER GMBH
GERMANY
OCA INTERNATIONAL
GERMANY
OMNIPOL
CZECH REPUBLIC
ORANGE AIRCRAFT (2)
NETHERLANDS
OWENS-CORNING
UNITED STATES
Pacelli-Beteiligungs GmbH & Co. KG
GERMANY
Pakistan Aviators and Aviation (Pvt) Ltd.
PAKISTAN
Parc Aviation
IRELAND
Pentastar Aviation, LLC
UNITED STATES
PARAGON RANCH
UNITED STATES
PCT Powder Coating Technologies Intl. Sarl
SWITZERLAND
PEGASUS HAVA TASIMACILIGI A.S.
TURKEY
PETERS GMBH
GERMANY
PETROPAVLOVSK MC
RUSSIAN FEDERATION
PHIFER WIRE PRODUCTS
UNITED STATES
PHOENIX AIR GMBH
GERMANY
PICTON II LTD
BERMUDA
POLET ACFT MNGT
BERMUDA
POLLARD ACFT SALES
UNITED STATES
PREISS-DAIMLER
GERMANY
PRESIDENTIAL AVTN
UNITED STATES
PRINCESS AVIATION
LEBANON
PRIVATAIR GMBH
GERMANY
PRIVATEJET INT. GMBH
GERMANY
PRIVATE JET HOLD.
VIRGIN ISLANDS, BRITISH
PRIVATE WINGS
GERMANY
P&P PROMOTION
GERMANY
Rentair UK Ltd
GERMANY
Rhema Bible Church
UNITED STATES
Robert Bosch GmbH
GERMANY
RADIC AVIATION
SAUDI ARABIA
RAE - REGIONAL AIR
GERMANY
RAY ENTERPRISES
UNITED STATES
RA DR. JAN PLATHNER
GERMANY
REGIO AIR MECKLENBRG
GERMANY
RELIANCE COMMERCIAL
UNITED ARAB EMIRATES
RIKSOS TURIZM LT
TURKEY
RNJ GmbH. & CO KG
GERMANY
RSG RENTAL SERVICES
GERMANY
RUAG AEROSPACE SERV
GERMANY
RUAG SWITZERLAND
SWITZERLAND
RUIZ, L
MEXICO
RUSAERO
RUSSIAN FEDERATION
RYAN INTL AIRLINES
UNITED STATES
RYAN INTL AIRLINES 2
UNITED STATES
R & R AVIATION CONS
AUSTRIA
R4L-ROCKTON AVTN AB
SWEDEN
Safeway, Inc.
UNITED STATES
Samsung Techwin Co., Ltd.
KOREA, REPUBLIC OF
Servicios Aereos Regiomontanos, S.A.
MEXICO
Siberia Airlines
RUSSIAN FEDERATION
SkyWork Airlines AG
SWITZERLAND
Spiral, Inc.
UNITED STATES
Spirit of Spices GmbH
GERMANY
SunExpress (Günes Ekspres Havacilik A.S.)
TURKEY
Sun D'or International Airlines LTD
ISRAEL
Südzucker Reise-Service GmbH
GERMANY
SAMA AMERICA CORP
UNITED STATES
SAP America Inc.
UNITED STATES
SAP AG
GERMANY
SCHROTT WETZEL GMBH
GERMANY
SCHWARZMUELLER
AUSTRIA
SEARAY BD100
SOUTH AFRICA
SEGRAVE AVIATION INC
UNITED STATES
SG FINANS A/S NORGE
SWEDEN
SHANGHAI AIRLINES
CHINA
SHENZHEN AIRLINES
CHINA
SIK-AY Hava Tasimacilik A.S.
TURKEY
SILK WAY WEST
AZERBAIJAN
SIRTE OIL
LIBYA
SIRVAIR, S.A. de C.V.
MEXICO
SKIPPERS AVIATION
AUSTRALIA
SKYBUS
KAZAKHSTAN
SKYBUS AIRLINES
UNITED STATES
SKYPLAN SERVICES
CANADA
SKY JET
SWITZERLAND
SKY SWALLOWS LTD.
RUSSIAN FEDERATION
SMATSA DOO
SERBIA
SMS Aviation GmbH
GERMANY
SM AVIATION
GERMANY
SOMON AIR
SOUTHLAKE AVIATION LLC
UNITED STATES
SPECTRA ENERGY
UNITED STATES
SPIRIT AIRLINES 2
UNITED STATES
SSP AVIATION
INDIA
STAR ARIES SHIPMGMT
CYPRUS
STAR AVIATION LTD.
BERMUDA
STATE ENTERPRISE ANTONOV DESIGN BUREAU
UKRAINE
STRONG AVIATION
KUWAIT
SUEDLEASING GMBH
GERMANY
SUMMIT AIR
CANADA
SUNEXPRESS DEUTSCHL.
GERMANY
SWEDISH MARITIME ADM
SWEDEN
SWISS AV CONSULTANTS
SWITZERLAND
SWISS GLOBAL JET MGT
SWITZERLAND
Thai Airways International Public Company Limited
THAILAND
Thomas H. Lee Partners
UNITED STATES
Thyssenkrupp Dienstleistungen GmbH
GERMANY
Tidnish Holdings Limited
CANADA
Turkish Airlines THY
TURKEY
TACA
EL SALVADOR
TARONA LTD
VIRGIN ISLANDS, BRITISH
TATHRA INTERNATIONAL
VIRGIN ISLANDS, BRITISH
TB INVEST GROUP
CZECH REPUBLIC
TEAM AVIATION
GERMANY
TEC AIRCRAFT LEASING
AUSTRIA
TESLA AIR
SWITZERLAND
TIGER HERCULES CORP
TAIWAN
TOKOPH D P
SOUTH AFRICA
TREVO AVIATION LTD
UNITED KINGDOM
TRIEL-HT
BRAZIL
TUIfly GmbH
GERMANY
TURBOJET KFT
HUNGARY
TURKUAZ AIRLINES
TURKEY
T'WAY AIR CO LTD
KOREA, REPUBLIC OF
Ulla Popken GmbH
GERMANY
United Parcel Service Co
UNITED STATES
UKRAINIAN MEDITERRAN
UKRAINE
UKSATSE
UKRAINE
USAA
UNITED STATES
USA 3000 AIRLINES
UNITED STATES
US Airways, Inc.
UNITED STATES
UTair Aviation, jsc
RUSSIAN FEDERATION
Vacuna Jets Limited
BERMUDA
Vecellio Management Service
UNITED STATES
Viessmann Werke GmbH & Co. KG
GERMANY
Volga-Dnepr Airlines LLC
RUSSIAN FEDERATION
VARIG LOGISTICA SA
BRAZIL
VENTURE AVTN GROUP
UNITED STATES
VHM SCHUL & CHARTER
GERMANY
VIVAT TRUST LTD.
UNITED KINGDOM
VOLARIS
MEXICO
VOLKSWAGEN AG
GERMANY
VRG Linhas Aereas S/A
BRAZIL
VULKY HOLDINGS LTD
SWITZERLAND
Wheels Aviation Ltd.
GERMANY
Windrose Air Jetcharter GmbH
GERMANY
Wirtgen BgmbH
GERMANY
WATERLOO AVIATION
CANADA
WDL AVIATION
GERMANY
WEBER MANAGEMENT
GERMANY
WEKA Flugdienst GmbH
GERMANY
WHS CONSULTING AG
SWITZERLAND
WIKING HELIKOPTER
GERMANY
WINAIR AUSTRIA
AUSTRIA
WIZZ AIR UKRAINE LLC
UKRAINE
WOELBERN FLIGHT 01
GERMANY
WOELBERN FLIGHT 02
GERMANY
WORLD AIRWAYS
UNITED STATES
XL Airways Germany GmbH
GERMANY
XRS Holdings, LLC
UNITED STATES
XR-GMBH
GERMANY
Zeman FTL
GERMANY
ZEUS TAXI AÉREO
BRAZIL
328 SUPPORT SERVICES
GERMANY
604 AIR LTD
SAUDI ARABIA
a11495
Operator using TAIL NB: N450T
Unknown
a11501
Operator using TAIL NB: N62914
Unknown
a11751
Operator using TAIL NB: N77080
Unknown
a11508
Operator using TAIL NB: N880GC
Unknown
a11510
Operator using TAIL NB: N903G
Unknown
a12912
Operator using TAIL NB: VPCBK
CAYMAN ISLANDS
a11558
Operator using TAIL NB: XAFRD
Unknown
ESTONIA
CRCO Identification no.
Operator Name
State of the Operator
ABELIA TRADING LTD
CYPRUS
ENIMEX
ESTONIA
ESTONIAN AIR
ESTONIA
FL TECHNICS AB
LITHUANIA
MIL JAPAN
JAPAN
MIL RUSSIA
RUSSIAN FEDERATION
MIL SWITZERLAND
SWITZERLAND
NORTH WIND AIRLINES
ESTONIA
SMARTLYNX ESTONIA
ESTONIA
ULS Airlines Cargo
TURKEY
ZAMBEZI AIRLINES
ZIMBABWE
GREECE
CRCO Identification no.
Operator Name
State of the Operator
Aegean Airlines
GREECE
Avenge Inc
UNITED STATES
AEROJET SERVICES
UNITED STATES
AEROSVIT
UKRAINE
AERO-KAMOV
RUSSIAN FEDERATION
AFRICAN EXPRESS AWYS
KENYA
AIRCORP INC
UNITED STATES
AIRCRAFT SUPPRT&SRVC
LEBANON
AIR COLUMBUS UKRAINE
UKRAINE
AIR LINK UKRAINE
UKRAINE
AIR TRAFFIC LTD
KENYA
AIT AVIATION & TOUR.
ISRAEL
ALSALAM AIRCRAFT CO
SAUDI ARABIA
AMREF FLYING DOCTORS
KENYA
ASPAMIA LLC
UNITED STATES
ASTRA AIRLINES
GREECE
AVIATION SCIENCES CO
SAUDI ARABIA
AVIATRANS K LTD
UKRAINE
AVION ALLIANCE
SLOVAKIA
Belair Airlines Ltd
SWITZERLAND
BAJAJ AVIATION
INDIA
BARRICK GOLD EXPLOR.
CANADA
BELRESCUEAVIA
BELARUS
BLUE BIRD AIRWAYS
GREECE
BLUE BIRD AVIATION
KENYA
BUSINESS AVTN ASIA
CHINA
CAAC FLIGHT INSPECT
CHINA
CASSEL INVEST LTD
VIRGIN ISLANDS, BRITISH
CENTAVIA
SERBIA
COMERAVIA
VENEZUELA, BOLIVARIAN REPUBLIC OF
COMLUX EXCLUSIVE
SWITZERLAND
CONQUISTADOR HELO
UNITED STATES
COSTAIR LTD
GREECE
CRIMEA UNIVERSAL
UKRAINE
CUTTER AVIATION
UNITED STATES
DAL GROUP (SUDAN)
SUDAN
DESINENCE LTD
VIRGIN ISLANDS, BRITISH
DIAMONDS OF RUSSIA
RUSSIAN FEDERATION
DONBASSAERO
UKRAINE
DOVE AIR INC
UNITED STATES
DRAGON LEASING CORP
UNITED STATES
EAGLE AIR LTD
UGANDA
ELITE AIRLINES
GREECE
ENGALY LTD
IRELAND
ENGINEERS & PLANNERS
GHANA
EUROPEAN AIR CRANE
ITALY
EURO AVIATION
GREECE
EXECUTIVE AIRL.PTY
AUSTRALIA
FIRST AIRWAYS
GREECE
FLIGHTLINK LTD
TANZANIA, UNITED REPUBLIC OF
FLIGHT OPTIONS (AUS)
AUSTRALIA
FLYME VILLA AIR
MALDIVES
FL AVIATION NEW JERS
UNITED STATES
GAINJET AVIATION
GREECE
GHALAYINI I
EGYPT
GLOBAL AIRWAYS (FA)
SOUTH AFRICA
GOLIAF AIR
SAO TOME AND PRINCIPE
GREENJET
GREECE
GREENLEAF
UNITED STATES
GRYPHON AIRLINES
KUWAIT
GS 150-217 LLC
UNITED STATES
GS200 INC TRUSTEE
UNITED STATES
Hanwha Chemical Corporation
KOREA, REPUBLIC OF
HCAA
GREECE
HELICOPTERS (NZ)
NEW ZEALAND
HELOG AG
SWITZERLAND
HERITAGE ACFT LTD
UNITED KINGDOM
HERITAGE AVTN DEV.
UNITED KINGDOM
HERMES AIRLINES
GREECE
INTERISLAND AIRLINES
PHILIPPINES
INTER ILES AIR
MADAGASCAR, COMOROS, REUNION
INTRACOM
GREECE
INTRALOT
UNITED STATES
ISLANDSITE INVEST.
SOUTH AFRICA
JADAYEL AVIATION
SAUDI ARABIA
JET AIRLINES JSC
KAZAKHSTAN
JP AIR OU
ESTONIA
JUBILANT ENPRO PVT
INDIA
Kenrick Ltd.
ISRAEL
KAIZEN AVTN
UNITED STATES
KHARKIV AIRLINES
UKRAINE
KSENODOXEIA ELLADOS
GREECE
LAO AIRLINES
LAO PEOPLE'S DEMOCRATIC REPUBLIC
LEXATA
GREECE
LINAIR LTD.
UNITED KINGDOM
MACEDONIAN AIRLINES
GREECE
MACKNIGHT INTL
UNITED STATES
MCKINLEY CAPITAL
UNITED STATES
MERPATI NUSANTARA 2
INDONESIA
MIL GREECE
GREECE
MINAIR
CENTRAL AFRICAN REPUBLIC
MINISTRY EXTREME UK
UKRAINE
MOJO AVTN INC/N818LK
BRAZIL
MULTIBIRD OVERSEAS
VIRGIN ISLANDS, BRITISH
OLYMPIC AIR
GREECE
OLYMPIC AIRLINES
GREECE
ORASCOM
EGYPT
ORENBURG AIRLINES
RUSSIAN FEDERATION
OXY USA
UNITED STATES
PAKISTAN STATE
PAKISTAN
PALADIN ENERGY LTD
AUSTRALIA
PALESTINIAN AIRLINES
PALESTINIAN TERRITORY, OCCUPIED
PALMYRA AVIATION LTD
GREECE
PARADISE AVTN
GREECE
PEBUNY LLC
UNITED STATES
PECOTOX AIR
MOLDOVA, REPUBLIC OF
POLISH MORSKI
POLAND
PORT SIVIL HAVACILIK
TURKEY
PRIVILIGE JET AIRL.
JORDAN
PROFLIGHT COMM. SVCS
ZAMBIA
QUICK FLIGHT LIMITED
INDIA
RAM AIR SERVICES LLC
UNITED STATES
RAYMOND LTD(VTNGS)
INDIA
REFUSE EQUIPMNT MFTG
SAUDI ARABIA
RELIANCE COM.DEA.LTD
INDIA
ROSTVERTOL-AVIA
RUSSIAN FEDERATION
RUSSIAN SKY AIRLINES
RUSSIAN FEDERATION
SAFARILINK
KENYA
SEMEYAVIA JSC
KAZAKHSTAN, KYRGYZSTAN
SEVEN X AVIATION
MONTENEGRO
SHORT STOP JET CHARTER
AUSTRALIA
SIKORSKY AIRCRAFT 2
UNITED STATES
SINCOM AVIA
UKRAINE
SKOL AIRLINE
RUSSIAN FEDERATION
SKY EXPRESS GREECE
GREECE
SKY WINGS AIRLINES
GREECE
SOUTHERN ACFT CONSUL
UNITED KINGDOM
S & K BERMUDA LTD
BERMUDA
TAIMYR AIRLINE JSC
RUSSIAN FEDERATION
TAMIR AIRWAYS
ISRAEL
THAI FLYING SERVICE
THAILAND
TRANS AVIATION
KUWAIT
TRAVCO AIR
EGYPT
UNIVERSAL AIR LINK
UNITED STATES
VAXUCO
VIET NAM
VERAVIA VERNIKOS
GREECE
VERTIR
ARMENIA
WCC AVIATION INC
PHILIPPINES
WEM LINES SA
GREECE
WORLD HEALING CENTER
UNITED STATES
WORLD HEALING CENT 2
UNITED STATES
YAMAL
RUSSIAN FEDERATION
ZAHID TRACTOR
SAUDI ARABIA
ZR AVIATION
LEBANON
a11496
Operator using TAIL NB: N517AF
Unknown
a11522
Operator using TAIL NB: PPBIR
Unknown
a12908
Operator using TAIL NB: VHWXC
AUSTRALIA
SPAIN
CRCO Identification no.
Operator Name
State of the Operator
Aerolider, S.A. de C.V.
MEXICO
Airmax, LLC
UNITED STATES
Air Products & Chemicals Inc.
UNITED STATES
Astra 136 LLC
UNITED STATES
Averuca, C.A.
VENEZUELA, BOLIVARIAN REPUBLIC OF
AERODATA BELGIUM
BELGIUM
AEROGAL
ECUADOR
AEROLANE
ECUADOR
AEROLINEAS ARGENTINA
ARGENTINA
AEROLINEAS TEHUACAN
MEXICO
AEROLINEA PRINCIPAL
CHILE
AEROMASTER DEL PERU
PERU
AEROTAXI LOS VALLES
SPAIN
AEROVIAS DE MEXICO
MEXICO
AERO ANGELES
MEXICO
AFRIQUE CARGO SERV
SENEGAL
AIRLEASE CORPORATION
UNITED STATES
AIRLIFT USA LLP
UNITED STATES
AIRLINK SOUTH AFRICA
SOUTH AFRICA
AIR AMDER
MAURITANIA
AIR CITTY 2015,S.L.U
SPAIN
AIR COMET S.A.
SPAIN
AIR EUROPA
SPAIN
AIR LOGISTICS (LUX)
LUXEMBOURG
AIR NOSTRUM
SPAIN
AIR ONE AVTN PRIVATE
INDIA
AIR TRACTOR EUROPE
SPAIN
ALBA STAR S.A.
SPAIN
ALPEMA & TOURISM
SPAIN
AMB GROUP
UNITED STATES
AMERICAN FLYERS S.L.
SPAIN
AMERICAN JET S.A.
ARGENTINA
AMERICAN KING AIR FE
UNITED STATES
ANDALUS LINEAS AER.
SPAIN
ANGEL MARTINEZ RIDAO
SPAIN
ANSETT WORLDWIDE
AUSTRALIA
ANTRAK AIR GHANA
GHANA
ARABASCO AVIATION
SAUDI ARABIA
ARKAS S.A.
COLOMBIA
ASPEN TRADING CORP
UNITED STATES
ASSOCIATED AVTN LTD
UNITED KINGDOM
ASSOCIATED AVTN (2)
NIGERIA
ASTAR (RCH FLIGHTS)
UNITED STATES
AUDELI
SPAIN
AVEX AIR TRAINING
SOUTH AFRICA
AVIACION COMERCIAL
MEXICO
AVIALSA
SPAIN
AVIANCA
COLOMBIA
AVIONICA SUVER S.L.
SPAIN
AVPRO INC (2)
UNITED STATES
AWAIR
UNITED KINGDOM
Bank of America, NA
UNITED STATES
Benipaula Inc
UNITED STATES
Bradleyville, Ltd
UNITED STATES
BAGHS LLC
UNITED STATES
BANK OF UTAH TRUSTEE
UNITED STATES
BARRAGAN MIGUEL
MEXICO
BELLON AVIATION LTD.
SWITZERLAND
BEST FLY S.L
SPAIN
BINTER CANARIAS SA
SPAIN
BIONIC AVIATION CC
SOUTH AFRICA
BRASIL WARRANT
BRAZIL
BRISTOW HELI
NIGERIA
Caleton Holdings
CAYMAN ISLANDS
Carabo Capital
UNITED STATES
CareFusion Corporation
UNITED STATES
Castle Aero Florida International Inc.
UNITED STATES
Condor Express S.A.
ARGENTINA
Conforto Empreendimentos e Paricipacoes Ltda
BRAZIL
Contessa Premium Foods
UNITED STATES
Corimon CA
CAYMAN ISLANDS
Covington Aviation
UNITED STATES
CABO VERDE EXPRESS
CAPE VERDE
CANADIAN METRO AIRL
CANADA
CANARIAS AIRLINES
SPAIN
CAPITEQ
AUSTRALIA
CASA AIR SERVICES
MOROCCO
CAVERTON HELICOPTERS
NIGERIA
CDT MANAGEMENT LLC
UNITED STATES
CETO MARKETING S.A.
UNITED KINGDOM
CITGO Petroleum Corporation
UNITED STATES
CI-TEN Leasing Corp.
UNITED STATES
CLEARSKIES
AUSTRALIA
COMP. NAT. NAV. SAS
FRANCE
CONF. BRASILEIRA
BRAZIL
CONSORCIO CJPP
BRAZIL
COOK CANYON (GP) LLC
UNITED STATES
COOPER AIR REPRESENTAÇÃO COMERCIAL LTDA
BRAZIL
CORPORATE OIL & GAS
NIGERIA
CORP YGNUS AIR S.A.
SPAIN
COYABA LLC
UNITED STATES
CPC SA
UNITED STATES
CSC TRUST CO OF DELAWARE TRUSTEE
UNITED STATES
CSIM AIR
UNITED STATES
C.S.P.SOCIETE
MAURITANIA
Dayco Properties Ltd
UNITED STATES
DEAN FOODS
UNITED STATES
DELAWARE GG INC
UNITED STATES
DES R CARGO EXPRESS
MAURITANIA
DNEST AVIATION
MALAYSIA
DODSON AVIATION
UNITED STATES
DORNIER NIGERIA
NIGERIA
Electric Boat Corporation
UNITED STATES
EADS CASA
SPAIN
EAGLE AIR SERVICES CORP
UNITED STATES
EASTMAN KODAK
UNITED STATES
EAST COAST JETS INC
UNITED STATES
ECUATO GUINEANA (2)
EQUATORIAL GUINEA
EDELWEISS SUISSE
SWITZERLAND
EDIFICA 2000
SPAIN
EDINTON HOLDINGS USA INC
UNITED STATES
EHEIM VERWALTUNGS
GERMANY
EJS-AVIATION SERVICE
BRAZIL
ELYSIAN AIRLINES
GUINEA
EMBRAER COMMERCIAL
UNITED STATES
EMBRAER SA-COMMERC.
BRAZIL
EMB EQUIPMENT LLC
UNITED STATES
EMSI Aviation
UNITED STATES
ENGUIA GEN CE LTDA
BRAZIL
ESCOM (ANGOLA)
ANGOLA
EUROCONTINENTAL
SPAIN
EUROCOPTER ESPANA SA
SPAIN
EUROCOPTER FRANCE
FRANCE
EVOLUTION ASSET MNGT
UNITED STATES
EXECUFLIGHT INC
UNITED STATES
EXECUTIVE AIRLINES
SPAIN
EXECUTIVE AIR SVCS
UNITED STATES
EXECUTIVE SKYFLEET
UNITED STATES
EXEC JET SERVICE (N)
NIGERIA
Flo-Sun Aircraft, Inc.
UNITED STATES
FAIRMONT AVTN COMP
SWITZERLAND
FALCON 128 AIR CORP
UNITED STATES
FATHER & SON AIR LLC
UNITED STATES
FIRST INTL AVTN
UNITED STATES
FLANA
SOUTH AFRICA
FLIGHTLINE SL
SPAIN
FLIGHT PLANS SOLUTI
UNITED STATES
FLYANT SERVICIOS AER
SPAIN
FLYING FALCON
UNITED STATES
FLY540 ANGOLA
ANGOLA
FL AVIATION FLORIDA
UNITED STATES
FORMACION AEROFAN SL
SPAIN
FRAPMAG LTD
UNITED KINGDOM
FUGRO AVIAT CANADA
CANADA
FUJI DREAM AIRLINES
JAPAN
FULUCA INVESTMENTS
SOUTH AFRICA
Ginnaire Rental Inc.
UNITED STATES
Glass Aviation, Inc.
UNITED STATES
GESTAIR
SPAIN
GG Aircraft LLC
UNITED STATES
GLOBAL FIVE HOLDINGS
UNITED STATES
GOAL VERWALTUNGS (2)
GERMANY
GOF AIR SA DE CV
MEXICO
GOLDNER D
UNITED STATES
GO AHEAD INTERNATION
BERMUDA
GRAND CHINA EXPRESS
CHINA
GREY WIND INVESTMENT
SPAIN
GUARDA COSTEIRA GV
CAPE VERDE
HAGEL W
AUSTRIA
HARPO INC
UNITED STATES
HARVARD OIL & GAS
CANADA
HAWKAIRE
UNITED STATES
HEBEI AIRLINES LTD
CHINA
HELIANG
ANGOLA
HELITT LINEAS AEREAS
SPAIN
HELVETIC AIRWAYS
SWITZERLAND
HENNIG.
SOUTH AFRICA
HISPANIA FLYJET
SPAIN
HI FLITE INC
UNITED STATES
HOLA AIRLINES S.L.
SPAIN
HOLLYWOOD AVIATION
UNITED STATES
HONG KONG EXPRESS
HONG KONG SAR
HYUNDAI COLOMBIA
COLOMBIA
HYUNDAY COLOMBIA
COLOMBIA
H&S Air, LLC.
UNITED STATES
International Lease Finance Corporation
UNITED STATES
Inversiones 2 de Marzo S.A.
UNITED STATES
IBERIA
SPAIN
IBERIA EXPRESS
SPAIN
IBERWORLD S.A.U.
SPAIN
ICE BIRD
SWITZERLAND
IDAHO ASSOCIATES
UNITED STATES
INAER AV.ANFIBIOS
SPAIN
INAER HELI.OFF-SHORE
SPAIN
INDUSTRIAS TITAN
SPAIN
INSEL AIR
ARUBA
INSULAR CLASS SL
SPAIN
INTERALIMENT S.A.L.
LEBANON
INTERNATIONAL AVIATION LLC
UNITED STATES
INTL CONCERTS
VIRGIN ISLANDS, BRITISH
INTL PRIVATE JET
SWITZERLAND
INTL TRADE HOLDING
KUWAIT
INVERSIONES LA MESETA C.A.
UNITED STATES
IRS AIRLINES LTD
NIGERIA
ISLAS AIRWAYS
SPAIN
ITABIRA AGRO INDUSTR
BRAZIL
I FLY LTD
RUSSIAN FEDERATION
Jorge Gregorio Perez Compac
ARGENTINA
Jupiter Leasing Inc.
UNITED STATES
JAIR
SOUTH AFRICA
JEM INVESTMENTS
UNITED STATES
JET AVIATION N848JA
UNITED STATES
J.W. Childs Associates
UNITED STATES
KAMA AVIATION
RUSSIAN FEDERATION
KAVMINVODYAVIA
RUSSIAN FEDERATION
KAZ AIR JET
KAZAKHSTAN
KELLY CORP
UNITED STATES
KING AIR & TRAVELS
NIGERIA
KOGALYMAVIA
RUSSIAN FEDERATION
KUNPENG AIRLINES
CHINA
Lewis Aeronautical
UNITED STATES
LAI
VENEZUELA, BOLIVARIAN REPUBLIC OF
LAN PERU SA
PERU
LARK AVTN
UNITED STATES
LAS EUGENIAS AIRCRAFT HOLDINGS LLC
UNITED STATES
LATAM AIRLINES GROUP
CHILE
LEGACY ACFT HOLDONGS
UNITED STATES
LEMCO HOLDINGS LTD.
BERMUDA
LHF Holdings Inc.
UNITED STATES
LIBYAN CAA
LIBYA
LIDER AVIACAO
BRAZIL
LIDER TAXI AEREO
BRAZIL
LIFT IRELAND LEASING
IRELAND
LITORANEA LINHAS AER
BRAZIL
LLC Nord Wind
RUSSIAN FEDERATION
LS ENERGIA INC.
UNITED STATES
LTH JET LEASING
BRAZIL
Michigan Aviation LLC
UNITED STATES
MACYS CORPORATE SERVICES INC
UNITED STATES
MALI AIR EXPRESS
MALI
MEDAIR CHARTER
SOUTH AFRICA
MENAJIAN
UNITED STATES
MENA AEROSPEASE
UNITED ARAB EMIRATES
MENORCA LLC
UNITED STATES
MERAJ AIR
IRAN, ISLAMIC REPUBLIC OF
METROPOLITAN AVT LLC
UNITED STATES
MEXICANA
MEXICO
MID-SOUTH INV. LLC
UNITED STATES
MIKES AIRPLANE RENT2
UNITED STATES
MIL SPAIN
SPAIN
MOBIL NIGERIA 2
NIGERIA
MONARCH GEN AVIATION
SWITZERLAND
MULTIPROMOTUR S.L.
SPAIN
M&N EQUIPMENT LLC
UNITED STATES
New Avant Garde Ltd
MALTA
Norman Aviation
UNITED STATES
NASAIR
SAUDI ARABIA
NAYSA
SPAIN
NHT LINHAS AEREAS
BRAZIL
NII Holdings Inc.
UNITED STATES
NITA JET
UNITED STATES
NNP HOLDING S/A
BRAZIL
NOAR LINHAS AEREAS
BRAZIL
NOMADS
UNITED STATES
NYGREN U
SWEDEN
N T Air, Inc.
UNITED STATES
N450JE LLC
UNITED STATES
Operator using TAIL NB: VQBHA
BERMUDA
OBODEN IBRU
UNITED ARAB EMIRATES
OCEANAIR TAXI AEREO
BRAZIL
ODYSSEY AVTN
UNITED STATES
ORIONAIR S.L.
SPAIN
Perm Airlines
RUSSIAN FEDERATION
PALM AVIATION
UNITED ARAB EMIRATES
PCS Aviation Services, LLC
UNITED STATES
PDVSA Petroleo S.A.
VENEZUELA, BOLIVARIAN REPUBLIC OF
PERSONAL JET FLORIDA
UNITED STATES
PHOENICIA AVIATION
LEBANON
PICK N PAY (2)
SOUTH AFRICA
PIRINAIR EXPRESS SL
SPAIN
POLICIA FEDERAL BRAZ
BRAZIL
PORTSIDE INTL LTD
UNITED KINGDOM
PRESIDENTIAL(N981BW)
UNITED STATES
PRIVILEGE STYLE SA
SPAIN
PRIYAN FOUNDATION
UNITED STATES
PROMERCA INTNL S.L
SPAIN
PRONAIR AIRLINES SL
SPAIN
PULLMANTUR AIR S.A.
SPAIN
PUNTO-FA
SPAIN
QUANTUM AIR
SPAIN
Q JETS AVIATION
CANADA
Redwings, S.A. de C.V.
MEXICO
RAINBOW AIR
VENEZUELA, BOLIVARIAN REPUBLIC OF
RAYTHEON AIRCRAFT
UNITED KINGDOM
REAL WORLD TOURS INC
UNITED STATES
RED WINGS CJSC
RUSSIAN FEDERATION
RING AIR
UNITED STATES
RIVIERA INVEST SVCS
LUXEMBOURG
RPK CAPITAL LLC
UNITED STATES
RPK CAPITAL MNGT
UNITED STATES
RYJET
SPAIN
Starwood Management LLC
UNITED STATES
SAETA SL
SPAIN
SAICUS AIR S.L.
SPAIN
SAL EXPRESS
SAO TOME AND PRINCIPE
SANTANA TEXTIL
BRAZIL
SANTA BARBARA (2)
VENEZUELA, BOLIVARIAN REPUBLIC OF
SAPETRO AVIATION LTD
UNITED KINGDOM
SASEMAR
SPAIN
SAS INSTITUTE
UNITED STATES
SATA VENEZUELA
VENEZUELA, BOLIVARIAN REPUBLIC OF
SDE SA
BELGIUM
SEA SA
ARGENTINA
SEGURANCA TAXI AEREO
BRAZIL
SENEGAL AIRLINES LTD
GABON
SERIPATRI PARTICIP
BRAZIL
SEV AEREO POLICIA
SPAIN
SIENNA CORP SERVICES
SWITZERLAND
SIERRA NEVADA CORP.
UNITED STATES
SKYWAY LTD.
GEORGIA
SKY AIR WORLD
AUSTRALIA
SKY SERVICES AVTN
SPAIN
SOL DEL PARAGUAY
PARAGUAY
SONAIR ANGOLA
ANGOLA
SOSOLISO A/L (2)
NIGERIA
SOTAN
BRAZIL
SOUTH AVIATION INC
UNITED STATES
SOUTH EAST ASIAN
PHILIPPINES
SPANAIR S A
SPAIN
SPENAERO
UNITED STATES
SPORTIF HAVACILIK
TURKEY
STOCKWOOD
UNITED STATES
STOCKWOOD V
UNITED STATES
STREAMLINE RUSSIA
RUSSIAN FEDERATION
SUGAR PINE AVIATION LLC
UNITED STATES
SUNRIDER CORPORATION
UNITED STATES
SVS AERO COSTA AZAHA
SPAIN
SWAT TECHNOLOGY LLC
UNITED STATES
SWIFTAIR ESPANA
SPAIN
SWISS AIR AMBULANCE
SWITZERLAND
S ARGENTINA
ARGENTINA
Tejria Services Limited, Bermuda
BERMUDA
Termo Norte Energia Ltda
BRAZIL
TAG AVTN ESPANA
SPAIN
TAILWIND AIRLINES
TURKEY
TAM AVIAÇÃO EXECUTIVA E TÁXI AÉREO S/A
BRAZIL
TATARSTAN AIRLINES
RUSSIAN FEDERATION
TAXI FLY GROUP SA
SPAIN
TAZ HAWKER2 LTD
MALTA
TDC MANAGEMENT LLC
UNITED STATES
TIANJIN AIRLINES
CHINA
TIGER AIRCRAFT TRAD.
UNITED STATES
TITAN AVIATION UAE
UNITED ARAB EMIRATES
TOPBRASS AVIATION
NIGERIA
TRABAJOS EXTREMENOS
SPAIN
TRAMAS TEXTILES SA
VENEZUELA, BOLIVARIAN REPUBLIC OF
TRANSAERO AIRLINES
RUSSIAN FEDERATION
TRANSCON INVESTMENTS
BRAZIL
TRANSPAIS AEREO
MEXICO
TRANSPORTES DEL SUR
SPAIN
TRANSP AEREOS XALAPA
UNITED STATES
TRANS AER BOLIVIANA
BOLIVIA, PLURINATIONAL STATE OF
TRIM AIR CHARTER
UNITED STATES
TRINIDAIR UK LTD
UNITED KINGDOM
TURBOR AIR CARGO (2)
SENEGAL
UAML AIR CHARTER
UNITED STATES
UNICASA IND. MOVEIS
BRAZIL
UNIQUE JET AVIATION
UNITED STATES
USN AVIATION LLC
UNITED STATES
UTD BANK OF AFRICA
NIGERIA
VALE S.A.
BRAZIL
VER.SCHWEIZ.FLIEGER
SWITZERLAND
VESEY AIR LLC
UNITED STATES
VIM AIRLINES
RUSSIAN FEDERATION
VIRCOP JETS S.L.
SPAIN
VOLOTEA S.L.
SPAIN
VUELING AIRLINES
SPAIN
Westair Corporation
UNITED STATES
WCA HOLDINGS III LLC
UNITED STATES
WINGS JET LTD
MOROCCO
WINGS OF EAGLES ACFT
UNITED STATES
WIN WIN SERVICES
UNITED STATES
WORLD WIDE AC FERRY
CANADA
WTORRE S.A.
BRAZIL
XTO ENERGY INC
UNITED STATES
245 PILOT SERVICES
UNITED STATES
a11479
Operator using TAIL NB: N142HC
Unknown
a11488
Operator using TAIL NB: N371FP
Unknown
a11490
Operator using TAIL NB: N410M
Unknown
a11517
Operator using TAIL NB: N9895
Unknown
a11523
Operator using TAIL NB: PPBST
Unknown
a12897
Operator using TAIL NB: PRFOR
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a11528
Operator using TAIL NB: PRGPA
Unknown
a12901
Operator using TAIL NB: PRPSR
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a12902
Operator using TAIL NB: PRPST
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a11529
Operator using TAIL NB: PRPTR
Unknown
a11531
Operator using TAIL NB: VHXCJ
Unknown
a12909
Operator using TAIL NB: VPBHS
BERMUDA
a11552
Operator using TAIL NB: VTSTV
Unknown
a11553
Operator using TAIL NB: XAATL
Unknown
a11556
Operator using TAIL NB: XABLZ
Unknown
a12919
Operator using TAIL NB: XACMM
MEXICO
a11557
Operator using TAIL NB: XACXW
Unknown
a12920
Operator using TAIL NB: XAEAJ
MEXICO
a12921
Operator using TAIL NB: XAFEM
MEXICO
a11559
Operator using TAIL NB: XAGMD
Unknown
a12922
Operator using TAIL NB: XAGMO
MEXICO
a11563
Operator using TAIL NB: XASKY
Unknown
a12925
Operator using TAIL NB: XATEI
MEXICO
FRANCE
CRCO Identification no.
Operator Name
State of the Operator
Act Two, Inc.
UNITED STATES
Aerorio Taxi Aereo
BRAZIL
Air Caraibes
FRANCE
Air Corsica
FRANCE
Air Fleet Operations Limited
UNITED KINGDOM
Alatheer Aviation
SAUDI ARABIA
Alpha Jet (Alabama)
UNITED STATES
Arcadia Aviation LLC
UNITED STATES
Arlington Aircraft of Nevada LLC
UNITED STATES
Au Revoir Air
UNITED STATES
Avenue Distribuidora de Veiculos Ltda
BRAZIL
Aviation 604 AG
SWITZERLAND
AAK COMPANY
BERMUDA
AAR CORP
UNITED STATES
AAS EUROPE
FRANCE
ABC AEROLINEAS SA
MEXICO
ABDULLAH SAID B.
SWITZERLAND
ABSOLUTE AVIATION
SOUTH AFRICA
ACCOR SA
FRANCE
ACFT MGMT & TRADING
UNITED KINGDOM
ACFT SARL 2
LUXEMBOURG
ACTIFLY
FRANCE
ADAMS OFFICE LLC
UNITED STATES
ADAM AVIATION
UNITED STATES
ADVANCED TRAINING SY
UNITED STATES
AELIS AIR SERVICES
FRANCE
AEROGAVIOTA
CUBA
AEROJET MANAGEMENT
GERMANY
AEROMAR AIRLINES
MEXICO
AERONEXUS CORP. LTD
SOUTH AFRICA
AEROSTOCK
FRANCE
AERO CAPITAL SAS
FRANCE
AERO JET CORPORATE
FRANCE
AERO SAINT EXUPERY
FRANCE
AERO SERVICES LF
FRANCE
AERO SVC CORPORATE
FRANCE
AERO SVC EXECUTIVE
FRANCE
AFRIJET AIRLINES(2)
NIGERIA
AFRIQIYAH AIRWAYS
LIBYA
AGCORP
UNITED STATES
AGUASSANTA PARTICIPA
BRAZIL
AIGLE AZUR
FRANCE
AIRBUS OPER. SAS
FRANCE
AIRBUS SAS
FRANCE
AIRBUS TRANSPORT
FRANCE
AIRBY
FRANCE
AIRCRAFT MGT SVCES
BELGIUM
AIRCRAFT SALE&LEASE
LUXEMBOURG
AIRCRAFT SUPPORT
LEBANON
AIREDALE ENTERPRISE
UNITED ARAB EMIRATES
AIRFLEET CREDIT
UNITED STATES
AIRFLITE
UNITED STATES
AIRTELIS
FRANCE
AIR AFFAIRES GABON
GABON
AIR ALGERIE
ALGERIA
AIR ARABIA MAROC
MOROCCO
AIR ASIA
MALAYSIA
AIR ASIA JAPAN
JAPAN
AIR AUSTRAL 2
FRANCE
AIR BOTSWANA CO.BW
BOTSWANA
AIR BURKINA (2)
BURKINA FASO
AIR CAIRO
EGYPT
AIR CORPORATE FRANCE
FRANCE
AIR COTE D'IVOIRE
CÔTE D'IVOIRE
AIR DECCAN
INDIA
AIR DIVISION KAZAKH
KAZAKHSTAN
AIR FRANCE
FRANCE
AIR GEFCO
FRANCE
AIR GUYANE
FRANCE
AIR GUYANE 2
FRANCE
AIR HORIZON (TOGO)
TOGO
AIR IVOIRE (2)
CÔTE D'IVOIRE
AIR KING JET
SWITZERLAND
AIR LEASING
CAMEROON
AIR MADAGASCAR
FRANCE
AIR MAURITIUS
MAURITIUS
AIR MEDITERRANEE
FRANCE
AIR ND
FRANCE
AIR PRINT
LUXEMBOURG
AIR SARINA
SWITZERLAND
AIR SENEGAL INTL
SENEGAL
AIR SEYCHELLES
SEYCHELLES
AIR SRPSKA
BOSNIA AND HERZEGOVINA
AIR SWIFT LTD.
BERMUDA
AIR TAHITI NUI
FRANCE
AIR TURQUOISE SAS
FRANCE
AIR VENDEE INVEST
FRANCE
AIR WING LTD
BELIZE
AIR 26
ANGOLA
AIR.M SNC
FRANCE
AKDN LOGISTIQUE
FRANCE
ALA Services, LLC
UNITED STATES
ALCATEL USA
UNITED STATES
ALENIA AEROSPAZIO
ITALY
ALLJETS CAPITAL AVV
RUSSIAN FEDERATION
ALL NIPPON AIRWAYS
JAPAN
ALMAJET
FRANCE
ALN (BERMUDA) LTD
Unknown
ALPHALAND CORP.
PHILIPPINES
ALPHA CHARLIE
UNITED STATES
ALPHA GOLF AVIATION
MONACO
ALPHA STAR AVTN SVCS
SAUDI ARABIA
ALPIN SKYJETS LTD
SWITZERLAND
ALTONA
SWITZERLAND
ALTRIA CLIENT SVCS
UNITED STATES
ALWAFEER AIR
SAUDI ARABIA
AL ANWAE EST
SAUDI ARABIA
AL MISEHAL GROUP
SAUDI ARABIA
AL NASSR LTD
SWITZERLAND
AL-GHAZZAWI (N35GZ)
SAUDI ARABIA
AL-GHAZZAWI (N727GG)
SAUDI ARABIA
AMAC AEROSPACE SG
SWITZERLAND
AMERICAN EAGLE
UNITED STATES
AMERICAN ELECTRIC
UNITED STATES
AMERICAN HOME PROD
UNITED STATES
AMERIDAIR
FRANCE
AMER GROUP
EGYPT
AML LEASING LLC
UNITED STATES
ANCFCC
MOROCCO
ANGODIS
ANGOLA
ANISTANTE HOLDING
CYPRUS
ANTARES AGROPECUARIA
BRAZIL
AOSKY CORPORATION
UNITED STATES
APiGroup, Inc
UNITED STATES
APACHE AVIATION
FRANCE
APACHE-LUX
LUXEMBOURG
APEX OIL COMPANY, INC.
UNITED STATES
AQUARIUS AVIATION
CAYMAN ISLANDS
ARGENTRE ENTERPRISE
BRAZIL
ARG LTDA
BRAZIL
ARKEA CREDIT BAIL
FRANCE
ARKIA ISRAEL AL
ISRAEL
ARMAVIA AVIACOMPANY LLC
ARMENIA
ARTEMIS SA
FRANCE
ASECNA (SENEGAL)
SENEGAL
ASHMAWI AVIATION
SPAIN
ATLANTA JET
UNITED STATES
ATLAS BLUE
MOROCCO
ATR (AVIONS DE TR)
FRANCE
AVANGARD AVTN LTD
RUSSIAN FEDERATION
AVDEF
FRANCE
AVEL BRAO
FRANCE
AVIALAIR
FRANCE
AVIAMARKET LIMITED
UNITED KINGDOM
AVIATION ASSOCIATES LLC
UNITED STATES
AVIATION CAPITAL GRP
UNITED STATES
AVIATION CMP
CANADA
AVIATION HORIZONS
SAUDI ARABIA
AVIATION INC
UNITED STATES
AVIATION KNIGHTS
SAUDI ARABIA
AVIATION LINK
SAUDI ARABIA
AVIATION PARTNERS 2
UNITED STATES
AVIATRAX
LUXEMBOURG
AVIA TREASURY GMBH
AUSTRIA
AVIENT AVIATION
ZIMBABWE
AVIJET UK LTD
UNITED KINGDOM
AVIONAC FRANCE
FRANCE
AVIOR
Unknown
AVIREX
GABON
AVTEX AIR SERVICES
AUSTRALIA
AVTN CONS. OF ASPEN
UNITED STATES
AWSAJ AVIATION SVCS
LIBYA
AXIS AIRWAYS
FRANCE
AZUL LINHAS AEREAS
BRAZIL
Beach Capital Management
UNITED STATES
BelAir Aviation LLC
UNITED STATES
Billion Mark Ltd.
HONG KONG SAR
Blue Vista, LLC
UNITED STATES
Bolloré SA
Unknown
Boulder Aviation Management
UNITED STATES
BAMBARA HOLDINGS
UNITED STATES
BAM AVIATION LLC
UNITED STATES
BANCO SAFRA SA
BRAZIL
BANGKOK AIRWAYS
THAILAND
BB AVIATION INC.
SWITZERLAND
BCA-BUSINESS
FRANCE
BEIJING AIRLINES CO
CHINA
BEIJING CAPITAL
CHINA
BELL FINANCIAL CORP
VENEZUELA, BOLIVARIAN REPUBLIC OF
BELL TEXTRON
UNITED STATES
BERGAIR
SWITZERLAND
BERKUT AIR
KAZAKHSTAN
BEST AERO HANDLING
RUSSIAN FEDERATION
BEST AVIATION LTD
BANGLADESH
BF JET AIR
GHANA
BHG FLIGHTS LLC
UNITED STATES
BISMILLAH AIRLINES
BANGLADESH
BIZAIR LTD
UNITED KINGDOM
BLUE HERON AVIATION
SWITZERLAND
BLUE HORIZON INV.
CAYMAN ISLANDS
BLUE LINE
FRANCE
BONEL MARKETING S.A.
SWITZERLAND
BONGRAIN BENELUX
BELGIUM
BOOGIE PERFORMANCE
FRANCE
BOSNIA AIRLINES
BOSNIA AND HERZEGOVINA
BQB LINEAS AEREAS
URUGUAY
BRASIF SA
BRAZIL
BRASIL JATO TAXI AER
BRAZIL
BRASSBOX
UKRAINE
BRASS BOX LTD
CYPRUS
BREITLING
SWITZERLAND
BRISTOW AUSTRALIA
AUSTRALIA
BRUME
FRANCE
BUMI RESOURCES
UNITED ARAB EMIRATES
BUQUEBUS
ARGENTINA
BUREAU POLICE AERO.
FRANCE
BURGAN K
KUWAIT
BURMESTER OVERSEAS
VIRGIN ISLANDS, BRITISH
BUSINESS AVIATION LG
BELGIUM
BUSINESS AVIATION 2
CONGO
BUSINESS JET TRAVEL
UKRAINE
BUSI JET INTL.
SWITZERLAND
B H Aviation Ltd
UNITED STATES
B2 FLIGHT LLC
UNITED STATES
Cedel International Investments, Inc.
UNITED STATES
Cephalon
UNITED STATES
Challenger Management LLC
UNITED STATES
Cobalt Resources, LLC
UNITED STATES
Corporate Flight Alternatives, Inc.
UNITED STATES
CALEDONIAN HEL. LTD
UNITED KINGDOM
CALVIN KLEIN STUDIO
UNITED STATES
CANADIAN NAT RAILWAY
CANADA
CAOA MONTADORA
BRAZIL
CAPELINK ESTABLISH.
SWITZERLAND
CARTIER EUROPE
NETHERLANDS
CASAM SARL
FRANCE
CELINA AVIATION LTD
SWITZERLAND
CENTER AIR LLC
UNITED STATES
CENTRAL MANAGMT SVCS
UNITED STATES
CERTECO ENGINEERING
AUSTRIA
CFPR
FRANCE
CGTM
FRANCE
CHAD GOVERNMENT
CHAD
CHARTER COMMUNICTION
UNITED STATES
CHC HELICOPTERS INTL
CANADA
CHINA CARGO AIRLINES
CHINA
CHINA EASTERN
CHINA
CHINA WEST AIR
CHINA
CHURCHILL AVIATION
UNITED STATES
CHURCHILL FINANCE
FRANCE
CIVIL AVIATION (LJ)
SLOVENIA
CLEAR SKY ASSOCIATES
TAIWAN
CLEVELAND PEAK LLC
UNITED STATES
CLUB PREMIER LTD
SWITZERLAND
CLUB 17 S.A.
RUSSIAN FEDERATION
COCA COLA
UNITED STATES
COLIBRI AVIATION
FRANCE
COLT INTL EUROPE
SWITZERLAND
COMFORT JET AVT
UNITED KINGDOM
COMILOG
GABON
COMMANDEMENT DU TRANSPORT AERIEN MILITAIRE Français
Unknown
COMORES AVIATION
MADAGASCAR, COMOROS, REUNION
COMPANY TAWIQ
SWITZERLAND
CONSOLIDATED CONTRTS
UNITED KINGDOM
COPLEY NEWSPAPERS
UNITED STATES
CORPORATE EAGLE
UNITED STATES
CORSAIR FRANCE
FRANCE
COX ENTERPRISES
UNITED STATES
CPI AVIATION LLC
UNITED STATES
CP MANAGEMENT
UNITED STATES
CREDIT SUISSE
SWITZERLAND
CROWN EQUIPMENT
UNITED STATES
CUBANA
CUBA
C & S AVIATION LTD
UNITED STATES
C.A.GROUP LTD
VIRGIN ISLANDS, BRITISH
C.T.T.A.
MOROCCO
Dankjold Reed Aviation LLC
UNITED STATES
Dartswift Aviation, Inc.
UNITED STATES
Dassault falcon jet
UNITED STATES
Dédalus Administração e Participações Ltda.
BRAZIL
Dow Chemical Company, the
UNITED STATES
DAALLO AIRLINES 2
DJIBOUTI
DALCAM LLC
UNITED STATES
DALIA AIRLINES
LUXEMBOURG
DALLAH ALBARAKA
SAUDI ARABIA
DARTE HOLDINGS
RUSSIAN FEDERATION
DASSAULT AVIATION
FRANCE
DASSAULT FALCON SERV
FRANCE
DDA AVIATION
UNITED STATES
DEAN PHILLIPS INC
UNITED STATES
DECAUX
FRANCE
DECCAN CARGO
THAILAND
DELINO INVESMENTS
UNITED KINGDOM
DELMUN AVIATION SVCS
BAHRAIN
DE ROUBIN JEAN
FRANCE
DIAMAIR
SWITZERLAND
DIEXIM EXPRESSO AV.
ANGOLA
DISTANT HORIZON
ISRAEL
DOUANES FRANCAISES
FRANCE
DSF FLUGZEUGPORTFOLI
GERMANY
DSWA
UNITED STATES
DUNMORE HOMES
UNITED STATES
D & D AVIATION
UNITED KINGDOM
Emax Oil Company
UNITED STATES
EAGLES AVTN MGNT
UNITED ARAB EMIRATES
EAGLE AVIATION EUROP
FRANCE
EARTH STAR
UNITED STATES
EASTINDO
INDONESIA
EAST STAR AIRLINES
CHINA
EASYJET SWITZERLAND
SWITZERLAND
EBONY SHINE
CAYMAN ISLANDS
ECUATORIAL CARGO
EQUATORIAL GUINEA
EGYPT JET AVIATION
EGYPT
EIGER JET Ltd
BERMUDA
ELBRUS-AVIA AIR ENT.
RUSSIAN FEDERATION
ELI'S BREAD
UNITED STATES
EMERSON ELECTRIC
UNITED STATES
ENAC France
FRANCE
ENEX AVIATION LTD
UNITED KINGDOM
ENHANCE AERO
FRANCE
ENHANCE AERO GROUPE
FRANCE
EQUAFLIGHT SERVICE
CONGO
EQUAJET
CONGO
EQUATORIAL GUINEA
EQUATORIAL GUINEA
EURL JC DARMON
FRANCE
EUROPEAN FLIGHT
SWEDEN
EUROPE AIRPOST
FRANCE
EURO EXEC Aviation Services LTD
UNITED KINGDOM
EURO JET INTL LTD
UNITED KINGDOM
EWA Holdings LLC
UNITED STATES
EXECUTIVE AIRSHARE
UNITED STATES
EXECUTIVE AUTHORITY
LIBYA
EXECUTIVE JET A/C
CAYMAN ISLANDS
EXECUTIVE JET CHRTR
GERMANY
EXECUTIVE WINGS HE
EGYPT
EXEC AVIATION TAIWAN
TAIWAN
EXEC JET SOLUTIONS
UNITED STATES
EXELON BUSINESS SVCS
UNITED STATES
EXPRESS AIRWAYS (DN)
NIGERIA
EXPRESS CAMEL
SAUDI ARABIA
Falconwing Limited Bvi
VIRGIN ISLANDS, BRITISH
Fjet Management, LLC
UNITED STATES
Fletcher Jones Management Group
UNITED STATES
FALCON AIRCRAFT LEASING LLC
UNITED STATES
FALCON AIR EXPRESS
UNITED STATES
FAL HOLDINGS ARABIA
SAUDI ARABIA
FARNER AIRWINGS
SWITZERLAND
FASTJET TANZANIA
TANZANIA, UNITED REPUBLIC OF
FAYCROFT FINANCE CO.
VIRGIN ISLANDS, BRITISH
FA 116 OU FA 137 INC
SWITZERLAND
FC AVIATION
FRANCE
FEDERAL EXPRESS
UNITED STATES
FG AVIATION LLC
UNITED STATES
FHC Flight Services LLC
UNITED STATES
FIA (PARIS)
FRANCE
FIREFLY
MALAYSIA
FIRST COMMERCIAL
UNITED STATES
FIRST MANDARIN B.A
CHINA
FIRST RESERVE CORP
UNITED STATES
FJ20-166, LLC
UNITED STATES
FLEET INT AVTN & FIN
UNITED KINGDOM
FLEET MGT AIRWAYS SA
SWITZERLAND
FLICAPE PTY LTD
SOUTH AFRICA
FLIGHTEXEC
CANADA
FLIGHTINVEST
LUXEMBOURG
FLIGHT LEVELS
UNITED STATES
FLORIDA JET SALES
UNITED STATES
FLYBABOO
SWITZERLAND
FLYING BIRD
FRANCE
FLYING FINN OY
FINLAND
FLYING M
UNITED STATES
FLYMEX
MEXICO
FLY AIR SA
FRANCE
FLY EXEC
LEBANON
FLY 18
SWITZERLAND
FMS-FLEET MGT.SERV.
FRANCE
FOCUS AIR USA
UNITED STATES
FORTUNE AIR
SOUTH AFRICA
FOX AVIATION CANADA
CANADA
FRANKLIN LAKES ENTERPRISES LLC
UNITED STATES
FRC HOLDING INC V
UNITED STATES
FREESCALE SEMICONDUCTOR, INC.
Unknown
FTC CONSULTING AG
SWITZERLAND
FUTURA TRADING
FRANCE
FUTURE ELECTRONICS
CANADA
F & L AVIATION
UNITED STATES
Glacial Energy
UNITED STATES
Golden Medal Limited Bvi
VIRGIN ISLANDS, BRITISH
GABON AIRLINES
GABON
GAETAIR SARL
SWITZERLAND
GAFTREN INVESTMENTS
VIRGIN ISLANDS, BRITISH
GALAXY AIRLINES
JAPAN
GAMA AVIATION FZE
UNITED ARAB EMIRATES
GEASA
EQUATORIAL GUINEA
GEM AVIATION AVV
UNITED KINGDOM
GENEL HAVACILIK
TURKEY
GEORGETOWN INTERSTAT
UNITED STATES
GEORGIAN AIRWAYS
GEORGIA
GEORGIAN STAR
GEORGIA
GIE-ODER
FRANCE
GIORI ROBERTO
MONACO
GIOSTYLE LLC
UNITED STATES
GIS AVIATION A.V.V.
CYPRUS
GIV-SP AIR SERVICE
RUSSIAN FEDERATION
GLOBAL CHALLENGER LLC
UNITED STATES
GLOBAL FLIGHT SRVS
UNITED STATES
GLOBAL JET INTL
AUSTRALIA
GLOBAL S AVIATION
CAMEROON
GOLD EAGLE LTD
BERMUDA
GOUGH AVIATION
SOUTH AFRICA
GOVERNMENT AIR TRANS
NAMIBIA
GOVERNMENT MONTENEGR
MONTENEGRO
GREAT BUY INC
UNITED STATES
GUARDIAN HOLDINGS
UNITED STATES
GWI ASSET MANAGEMENT S.A.
BRAZIL
GYPSY BABY LLC
UNITED STATES
GYRO AIR LTD
NIGERIA
G & L AVIATION
UNITED STATES
Hagadone Aviation LLC
UNITED STATES
Halliburton
UNITED STATES
Horta, LLC
UNITED STATES
Hospitalizacion Clinico C.A.
UNITED STATES
HAGONDALE LTD
UNITED KINGDOM
HALCYONAIR
CAPE VERDE
HASHIM BIN SAID
SAUDI ARABIA
HASSANCO S.A.
SWITZERLAND
HAWKER PACIFIC PTE
SINGAPORE
HEAVYLIFT CONGO
CONGO
HEDA AIRLINES LTD
UNITED KINGDOM
HELICONIA LS
FRANCE
HELICONIA PALMAIR
MOROCCO
HENDRICK MOTORSPORTS
UNITED STATES
HERMES EXECUTIVE
VIRGIN ISLANDS, BRITISH
HIGH PERFORMANCE 100
SWITZERLAND
HILL-ROM
UNITED STATES
HOLLYFRONTIER CORP
UNITED STATES
HOLYPEAK PROPRIETARY
AUSTRALIA
HOP!
FRANCE
HOP-AIRLINAIR
FRANCE
HOP-BRIT AIR
FRANCE
HOP-REGIONAL
FRANCE
HSBC
Unknown
HS Air Finance
BRAZIL
HS AIR FINANCE LLC
BRAZIL
HYPERION AIR INC
UNITED STATES
Ithaca LLC
UNITED STATES
ICEC TOUR SPOL
CZECH REPUBLIC
ID AIR
FRANCE
IFG - INTL FIN. GRP
SWITZERLAND
IGN INST GEO NAT LF
FRANCE
IKAROS AVIATION AVV
UKRAINE
IMD AIRWAYS
SPAIN
INDIA FLYSAFE AVTN
INDIA
INDUSTRY EAST EUROPE
SWITZERLAND
INDUSTR. AERONAUTICA
COLOMBIA
INDYCAR AVIATION
UNITED STATES
INFINIT AIR
SPAIN
INLOGS INTERNATIONAL
UNDEFINED
INTERCON USA
UNITED STATES
INTERFACE OPS LLC
UNITED STATES
INTERGLOBE AVTN LTD
INDIA
INTERJET ABC
MEXICO
INTER AMERICAN
ANGOLA
INTL GAMING TECH
UNITED STATES
INVERSIONES DAVANIC
COLOMBIA
INVESTAVIA
KAZAKHSTAN
INVEST AERO SARL
FRANCE
IP Aviation L.P.
CANADA
ISLAND PARK AVIATION LLC
UNITED STATES
ISLENA INVERSIONES
HONDURAS
ISRAIR AIRLINES & TOURISM LTD
ISRAEL
IXAIR
FRANCE
Jereissati Participacoes S/A
BRAZIL
Jet Select LLC
UNITED STATES
JAPAT
SWITZERLAND
JAZEERA AIRWAYS
KUWAIT
JBS CONSULTING LLC
UNITED STATES
JCAS
SWITZERLAND
JDP FRANCE
FRANCE
JEREISSATI CENTROS
BRAZIL
JETSTAR JAPAN
JAPAN
JETS RENT AVTN
FRANCE
JET AVIATION AG
SWITZERLAND
JET AVIATION FZCO
UNITED ARAB EMIRATES
JET BLUE AIRWAYS
UNITED STATES
JET CONNECTIONS
UNITED KINGDOM
JET CRUISING
LUXEMBOURG
JET DIRECT AVIATION
UNITED STATES
JET MANAGEMENT SA
SWITZERLAND
JET ONE JSC
KAZAKHSTAN
JET PREMIER ONE
SWITZERLAND
JET SELECT AVIATION
UNITED STATES
JET XPRESS
CÔTE D'IVOIRE
JET 2000
RUSSIAN FEDERATION
JET4YOU
MOROCCO
JIMMIE JOHNSON RACING II INC
UNITED STATES
JOUST CAPITAL III LLC
UNITED STATES
JR EXECUTIVE
LEBANON
Key Aviation LLC
UNITED STATES
KALAIR LTD.
UNITED STATES
KALDERON LTD
UNITED KINGDOM
KARTHAGO AIRLINES
TUNISIA
KARTHAGO PRIVATE JET
TUNISIA
KAS CORPORATION LTD.
LEBANON
KAZAVIA
KAZAKHSTAN
KBBD
UNITED STATES
KB HOME
UNITED STATES
KELOWNA FLIGHTCRAFT
CANADA
KINGDOM HOLDING CO
SAUDI ARABIA
KING AIRSHARE SA
FRANCE
KNIGHT AVIATION LLC
UNITED STATES
KOSTAR AIRLINES
KOREA, REPUBLIC OF
KREDEL INTERNATIONAL
VIRGIN ISLANDS, BRITISH
KW Flight, LLC / Central Missouri Aviation, Inc.
UNITED STATES
Layla Jet
BERMUDA
Ligon Air LLC
UNITED STATES
Luciano Antonio Zogbi
BRAZIL
LABORATOIRE ASL
FRANCE
LAS VEGAS JET
UNITED STATES
LAYAN INTL.
VIRGIN ISLANDS, BRITISH
LA AVIATION
SWITZERLAND
LEACH CAPITAL
UNITED STATES
LEGENDAIR LTD.
SWITZERLAND
LIBYAN AIR CARGO
LIBYA
LIGNES AER. CONGO.
CONGO
LIMITED BRANDS SERVICE COMPANY
UNITED STATES
LINEAS AEREAS SUDAMERICANAS
COLOMBIA
LOTUS AIR
EGYPT
LOV'AIR AVIATION
FRANCE
LOWA LTD
UNITED STATES
LOYD'S BUSINESS JETS
POLAND
LR Enterprises Management LLC
UNITED STATES
LUIS FUENMAYOR
UNITED STATES
LUKOIL-AVIA SWISS
SWITZERLAND
LUXFLIGHT EXECUTIVE
LUXEMBOURG
LVMH SERVICES
FRANCE
LX AVIATION (SPV)LTD
VIRGIN ISLANDS, BRITISH
LYRECO
FRANCE
LYS LLC
UNITED STATES
Macbens Patrimonial Ltda
BRAZIL
Mark Anthony Group Inc
CANADA
Marmalade Skies LLC
UNITED STATES
Marsico Aviation, LLC
UNITED STATES
Mass Jet Lease
PHILIPPINES
Mendota Aircraft Management
UNITED STATES
Mondoil
UNITED STATES
MACAU JET INTL
MACAO SAR
MAGIC CONDOR LTD
BERMUDA
MAGIC JOHNSON ENTERTAINMENT INC
UNITED STATES
MAG AVIATION
UNITED STATES
MAINSAIL TRADING 93
SOUTH AFRICA
MALIBU CONSULTING
UNITED STATES
MALU AVIATION
CONGO
MANAGEMENT ASSOCIATE
SWITZERLAND
MANAG'AIR
FRANCE
MANO RIVER
UNITED STATES
MARIN
FRANCE
MARITIME INVESTMENT
MONACO
MARITIME INVESTMENT AND SHIPPING CO. LTD.
BERMUDA
MAROC GENDARMERIE
MOROCCO
MAROC TELECOM
MOROCCO
MARTIN BAKER
UNITED KINGDOM
MASC AIR LTD
CAYMAN ISLANDS
MASTERJET SWITZ.
SWITZERLAND
MASWINGS SDN. BHD.
MALAYSIA
MAURITANIA AIRWAYS
MAURITANIA
MAURITANIE AIRLINES
MAURITANIA
MAYES JOHN
UNITED STATES
MAZIA INVEST LTD
SWITZERLAND
MB AVIATION LLC
UNITED STATES
MCKINLEY ACFT HLDNG
UNITED STATES
MDA SAS
FRANCE
MEA AIR LIBAN
LEBANON
MEGA GLOBAL AIR
MALDIVES
MELVIN SIMON & ASSOCIATES, INC.
UNITED STATES
METEO-FRANCE
FRANCE
ME LEASING
UNITED STATES
MFP Services LLC
UNITED STATES
MHS AVIATION SDN BHD
MALAYSIA
MIAMI FERRY CONTRACT
UNITED STATES
MIDAIR LF
FRANCE
MIDAS AIR
UNITED STATES
MIDDLE EAST JET SVCS
LEBANON
MID EAST JET
SAUDI ARABIA
MILLETREIZE
FRANCE
MILLION AIR SALT LAK
UNITED STATES
MIL BRAZIL
BRAZIL
MIL CANADA
CANADA
MIL ECUADOR AIRFORCE
ECUADOR
MIL FRANCE
FRANCE
MIL MALAYSIA
MALAYSIA
MINISTRY DEF SLOVENI
SLOVENIA
MISH AVIATION SVCS
GHANA
MISTRAL AEREO
CANADA
MITRE AVIATION LTD
UNITED KINGDOM
MOHAMED BEKKALI
MOROCCO
MOISEEV ALEX
MONACO
MONAVIA LTD
ISLE OF MAN
MONTANA AEROSPACE
UNITED STATES
MONTEBELLO LTDA
BRAZIL
MONTROSE GLOBAL
UNITED KINGDOM
MONT BLANC AVIATION
BERMUDA
MORRIS COMMUNICATION
UNITED STATES
MOSCOW HELICOPTER
RUSSIAN FEDERATION
MOSS JERONE S TRUSTEE
UNITED STATES
MR HUSIC
FRANCE
M&P INTL AVTN CLUB
UNITED STATES
M-EDIA AVIATION LTD
UNITED KINGDOM
M. SQUARE AVIATION
BERMUDA
Naja Locação Empresarial LTD
BRAZIL
Nofa Aviation
UNITED ARAB EMIRATES
Nomad Aviation
SWITZERLAND
NADREMAL AIR HOLDING
JORDAN
NAM AIRLINES
UNITED STATES
NATASCHA ESTABLISHMENT
UNITED ARAB EMIRATES
NATIONAL AIR SERVICE
SAUDI ARABIA
NATIONAL AVIATION 2
EGYPT
NATIONAL CITY COMM
UNITED STATES
NAVAIR LLC
UNITED STATES
NAVINTAIR INC
UNITED STATES
NEBULA LTD.
BERMUDA
NEGRI IMMOBILIARE
ITALY
NEWCASTLE AIRCRAFT
UNITED STATES
NEW AXIS AIRWAYS
FRANCE
NEW CAIRO REAL EST
EGYPT
NEXT GENERATION VENT
UNITED STATES
NEXUS FLT OPS SVCS
SAUDI ARABIA
NIGERIAN POLICE
NIGERIA
NILE AIR
EGYPT
NISSAN NTH AMERICA
UNITED STATES
NORDEX AIR
RUSSIAN FEDERATION
NORTH STAR AVTN LTD
SWITZERLAND
NOUVELAIR TUNISIE
TUNISIA
NPM MANAGEMENT
UNITED STATES
NWT AIRCRAFT
UNITED STATES
NW NORDWEST
SWITZERLAND
NY JETS TRANSPORTER
BERMUDA
N.K.J.S.P.E LTDA.
BRAZIL
N304RJ
UNITED STATES
N349BA
UNITED STATES
N72RK
UNITED STATES
Oakmont Holdings, LLC
UNITED STATES
Oakwood Books, Inc.
UNITED STATES
Outpost International, LLC
UNITED STATES
Ovlas sa
NIGERIA
OCANA ASSETS LTD
UNITED STATES
OFTC.Inc.
UNITED STATES
OLDBURY HOLDINGS
UNITED ARAB EMIRATES
OMEGA VII
FRANCE
OMYA INTERNATIONAL
SWITZERLAND
ONEXP
DENMARK
ONE THIRTY NINE
LUXEMBOURG
OPENSKIES
FRANCE
ORIENT GLOBAL AVTN
SINGAPORE
ORION AIR GROUP
UNITED STATES
OUTFITTER AVIATION
UNITED STATES
OYONNAIR
FRANCE
O AIR
FRANCE
Pacific Coast Feather Company
UNITED STATES
Pacific Connection Inc.
UNITED STATES
Paradox Security Sys
CANADA
Power Ease Investments Limited BVI
VIRGIN ISLANDS, BRITISH
Premier Aviation
RUSSIAN FEDERATION
Proair charter
GERMANY
PACE CARGO ENTERRP
UNITED STATES
PALMAIR AVIATION
MOROCCO
PARADOX BIRDS
UNITED STATES
PARAFFIN AIR
UNITED STATES
PEABODY ENERGY
UNITED STATES
PEACH AVIATION
JAPAN
PETRO AIR
LIBYA
PHEEBE LIMITED
UNITED KINGDOM
PHENOMAIR
FRANCE
PINNACLE AIR GROUP
UNITED STATES
PLANET AVIATION UU
RUSSIAN FEDERATION
PLEASANT AIRCRAFT LEASING LLC
UNITED STATES
PPG INDUSTRIES
UNITED STATES
PREMIAIR (WI) 2
INDONESIA
PREMIER AIR
UNITED STATES
PRESTIGE JET JORDAN
JORDAN
PRESTOIL SAS
FRANCE
PRINCESS AVIATION DT
TUNISIA
PRIVATAIR SA
SWITZERLAND
PRIVATAIR SAUDI ARAB
SAUDI ARABIA
PRIVATE JETS LUXEMB.
LUXEMBOURG
PROFESSIONAL JET INC
UNITED STATES
PROFRED PARTNERS LLP
UNITED KINGDOM
PSD
FRANCE
PVM Management LLC
UNITED STATES
QATAR AMIRI FLIGHT
QATAR
QUEST TRADING, LLC
UNITED STATES
QUIKJET CARGO AIR
INDIA
Related Companies
UNITED STATES
Rex Realty Co
UNITED STATES
Rio Bonito Comunicacao Ltda
BRAZIL
Roux Investment Mngt Co
UNITED STATES
RAININ AIR
UNITED STATES
RAJSHAHI AIR LTD
BANGLADESH
RCR JETS AG
SWITZERLAND
RD HUBBARD ENTERPRISES INC.
UNITED STATES
REAL EXECUTIVE GMBH
SWITZERLAND
REAL FLY SARL
MOROCCO
REATEX INVEST
VIRGIN ISLANDS, BRITISH
REGOURD AVIATION
FRANCE
REIMS AVIATION IND
FRANCE
RIDA AVIATION LTD
BERMUDA
RJH ADVISORY
UNITED STATES
RJM AVIATION
CHAD
RJ CORMAN Aviation Services LLC
UNITED STATES
RNW ENTERPRISES, LLC
UNITED STATES
ROMEO MIKE AVTN
UNITED STATES
RONSO SA DE CV
MEXICO
ROTOR TRADE 2
UNITED STATES
ROUST TRADING
UNITED ARAB EMIRATES
ROUTE 450 INVESTMENT
BRAZIL
ROXBURY TECHNOLOGIES
SWITZERLAND
ROYAL AIR MAROC
MOROCCO
RSR-614RD
UNITED STATES
RUBICON AVIATION
UNITED KINGDOM
Sapphire International Group, Inc
UNITED STATES
Sfera Jet LLC
RUSSIAN FEDERATION
Sino Jet Management Limited
CHINA
Skye Gryphon, LLC
UNITED STATES
Sonic Financial
UNITED STATES
Stephens Investment Holdings LLC
UNITED STATES
Success Master Ltd.
VIRGIN ISLANDS, BRITISH
Synthes USA Sales LLC
UNITED STATES
SAAD AIR LTD
BAHRAIN
SABENA TECHNICS (2)
FRANCE
SABRINA FISHERIES
UNITED STATES
SABY FINANCE
RUSSIAN FEDERATION
SAESA
SPAIN
SAFEGUARD SOLUTIONS
ARUBA
SAF FLIGHT LLC
UNITED STATES
SAINTEX AERO SARL
FRANCE
SALEM AVIATION
SAUDI ARABIA
SATENA
COLOMBIA
SAUCAR LIMITED
UNITED KINGDOM
SAUDI OGER
SAUDI ARABIA
SBD BRETONNE DEVELOP
FRANCE
SBM GROUP
UNITED STATES
SCD BV
NETHERLANDS
SCHREINER CAMEROUN
CAMEROON
SCM ARUBA A.V.V.
ARUBA
SCOTTS MIRACLE-GRO
UNITED STATES
SECURITE CIVILE LF
FRANCE
SEGERIS CAPITAL LTD
BRAZIL
SELIA
FRANCE
SERLUX
LUXEMBOURG
SEVENTH SENSE STAR
BERMUDA
SFD RUSSIA
RUSSIAN FEDERATION
SHADOWFAX LLC
UNITED STATES
SHAR INK
RUSSIAN FEDERATION
SHORENSTEIN PROPERTIES LLC
UNITED STATES
SICHUAN AIRLINES (3)
CHINA
SIGAIR LTD
BERMUDA
SIGMA AVIATION
IRELAND
SILVER LAKE AVIATION LLC
UNITED STATES
SILVER VENTURES INC
UNITED STATES
SIRIUS
SWITZERLAND
SIRTE OIL COMPANY
LIBYA
SIT-SET AVTN AG
SWITZERLAND
SJ MANAGEMENT LLC
UNITED STATES
SKYCHASE LTD
JORDAN
SKYFIRST
FRANCE
SKYSCRAPER LTD
UNITED KINGDOM
SKYTRADERS PTY
AUSTRALIA
SKYWAY LTD
RUSSIAN FEDERATION
SKYWORK AIRLINES
SWITZERLAND
SKY LINER AVIATION
SWITZERLAND
SK TRAVEL
UNITED STATES
SL Management
UNITED STATES
SMART AVIATION
FRANCE
SMART AVIATION HE
EGYPT
SME Equipment Leasing
UNITED STATES
SNC BOETOS
FRANCE
SNC CAVOK
FRANCE
SNECMA SA
FRANCE
SNS IMPORTADORA
BRAZIL
SN AIR MALI
MALI
SN TRANS HELICOPTERE
FRANCE
SOBEYS CAPITAL INCORPORATED
CANADA
SOFAXIS
FRANCE
SOGERMA
FRANCE
SONNIG
SWITZERLAND
SORENS GROUP LTD
RUSSIAN FEDERATION
SOUTHERN AIRLINES
NIGERIA
SOUTHERN CROSS INTL
NETHERLANDS
SOUTHERN CROSS USA
UNITED STATES
SPACEWING COMPANY
SAUDI ARABIA
SPECIALISED TRANSP.
UNITED KINGDOM
SPEEDFLY SARL
FRANCE
SPEEDWINGS BUSINESS SA
SWITZERLAND
SPHINX WINGS
SWITZERLAND
SPRINGWAY LTD
RUSSIAN FEDERATION
SPRING MOUNTAIN (2)
UNITED STATES
SRIWIJAYA WORLD FUEL
SINGAPORE
SRTS
FRANCE
STAFF AIR SERVICE
FRANCE
STARJET AVIATION
SWITZERLAND
STARLING AVIATION
UNITED ARAB EMIRATES
STARLINK AVIATION
CANADA
STARR EQUIPMENT
UNITED STATES
STAR AIRWAYS ALBANIA
ALBANIA
STAR JET LTD
UNITED STATES
STATE AIR BERKUT
KAZAKHSTAN
STEELCASE
UNITED STATES
STEELE AVIATION INC
UNITED STATES
STENSRUD VENTURES
UNITED STATES
STORMJETS SA
SWITZERLAND
STRASBOURG AVIATION
FRANCE
STRATEGIC AIR. SAS
FRANCE
SUBURBAN MOTORS COMP
UNITED STATES
SUKHOI CIVIL ACFT
RUSSIAN FEDERATION
SUKHOI DESIGN BUREAU
RUSSIAN FEDERATION
SULTAN AVIATION
UNITED ARAB EMIRATES
SUNRISE (ALSHOROOK)
EGYPT
SUN AIR (EGYPT)
EGYPT
SUPER CONSTELLATION
SWITZERLAND
SVS AE REGIOMONTANOS
MEXICO
SWIFT-AERO, JSC
RUSSIAN FEDERATION
SYMPHONY MASTER
SWITZERLAND
SYMPHONY MASTER UAE
UNITED ARAB EMIRATES
SYPHAX AIRLINES
TUNISIA
S ALGERIE
ALGERIA
S BURKINA FASO
BURKINA FASO
S CONGO (KIN)
CONGO
S DJIBOUTI
DJIBOUTI
S GABON
GABON
S GAMBIA (2)
GAMBIA
S MONACO
MONACO
S NIGERIA
NIGERIA
S SENEGAL
SENEGAL
S TCHAD
CHAD
S EGYPT
EGYPT
Target Corporation
UNITED STATES
The Yucaipa Companies LLC
UNITED STATES
Thomas J. Tull / Legend Pictures LLC
UNITED STATES
Thorn Air Ltd
UNITED STATES
Tracinda Corporation
UNITED STATES
Trian Fund Management
UNITED STATES
Trillion Winner Investment Limited
VIRGIN ISLANDS (UK)
TAA AVIATION LTD
SWITZERLAND
TAF LINHAS AEREAS
BRAZIL
TAG AVIATION SUISSE
SWITZERLAND
TAK AVIATION UK LTD
UNITED KINGDOM
TAMARA NIGER AVIATIO
NIGER
TAM LINHAS AEREAS
BRAZIL
TANELA VENTURES LTD
RUSSIAN FEDERATION
TASSILI AIRLINES SA
ALGERIA
TAT LEASING
FRANCE
TAXI AIR JET-FRET
FRANCE
TERRY BROWN
CANADA
THALES
FRANCE
THERMO FISHER SCIENTIFIC
UNITED STATES
THE FUTURA CORP
CANADA
TIGER AIRWAYS
SINGAPORE
TIKO AIR (2)
MADAGASCAR
TOTAL LINHAS AEREAS
BRAZIL
TOUMAI AIR TCHAD SA
CHAD
TOWER HOUSE CONSULT.
GAMBIA
TPS
UNITED STATES
TRADLUX
LUXEMBOURG
TRANCHANT GAMING
FRANCE
TRANSAIR CARGO SVC
CONGO
TRANSASIA AIRWAYS
TAIWAN
TRANSAVIA FRANCE SAS
FRANCE
TRANSPORTES AEROMAR
MEXICO
TRANSWESTERN TRANSPORTS LLC
UNITED STATES
TRANS AER MAR CORTES
MEXICO
TRANS OCEAN AIRWAYS
MADAGASCAR, COMOROS, REUNION
TRIBECA AVT PARTNERS
UNITED STATES
TRIGANA AIR SERVICE
INDONESIA
TUDOR SALIBA
UNITED STATES
TUNIS AIR
TUNISIA
TURNBERRY MANAGEMENT
UNITED STATES
TWIN JET
FRANCE
TY AIR INC
UNITED STATES
United Technologies Corporation
UNITED STATES
UAS UNITED AVIATION
UNITED ARAB EMIRATES
UETA, Inc.
UNITED STATES
UKRAINE AIR ALLIANCE
UKRAINE
UNIFOX HOLDINGS LTD
BELIZE
UNION PACIFIC CORP
UNITED STATES
UNITED AVIATION (OM)
LIBYA
UNITED AVTN MGMT
SAUDI ARABIA
UNITED HEALTHGROUP
UNITED STATES
UNI AIR TAIWAN
TAIWAN
Voyage International
UNITED ARAB EMIRATES
VALAVIA
FRANCE
VALIANT AVIATION
BERMUDA
VALMONT
UNITED STATES
VANDINGLE LIMITED
CYPRUS
VANILLA AIR INC
JAPAN
VENTURA AVIATION
MONACO
VEREIN DC3
SWITZERLAND
VIAJES GUINEA EQUAT
EQUATORIAL GUINEA
VIA JETS OOD.SRL
BULGARIA
VIETNAM AIRLINES
VIET NAM
VIKING AVIATION LTD.
UNITED KINGDOM
VI AIRLINK
VIRGIN ISLANDS, BRITISH
VOLARE AIRCOMPANY
UKRAINE
VOLPE AVIATION LLC
UNITED STATES
VULCAN AVIATION
UNITED KINGDOM
VULCAN INC
UNITED STATES
Watersedge Aviation LLC
Unknown
Williams-Sonoma, Inc.
UNITED STATES
WADI AVIATION
SAUDI ARABIA
WAF LTD
CAYMAN ISLANDS
WAHA CAPITAL
UNITED ARAB EMIRATES
WALKER AIR SVCS
AUSTRALIA
WATANIA AIRWAYS
KUWAIT
WAVES JET
LEBANON
WEDGE AVIATION
UNITED STATES
WELLS AVIATION
UNITED STATES
WELL ORIGIN LIMITED
VIRGIN ISLANDS, BRITISH
WESTJET FALCON 50061
VIRGIN ISLANDS, BRITISH
WGL Capital Corporation
UNITED STATES
WHISKEY ROMEO OWNER
UNITED STATES
WHITE LOTUS
UNITED STATES
WILKES AND MCHUGH
UNITED STATES
WILLIAMS INTL CO LLC
UNITED STATES
WILLIAM KHERKHER
UNITED STATES
WINDS AWAY
UNITED STATES
WINDWARD AVIATION
UNITED STATES
WINGS AIR
INDONESIA
WINGS OVER AFRICA
NAMIBIA
WIP TRADING
SWITZERLAND
WREN ACQUISITIONS
UNITED STATES
XL AIRWAYS FRANCE
FRANCE
Yet Again, Inc.
UNITED STATES
YEMENIA
YEMEN
YUM BRANDS INC.
UNITED STATES
YYA AVIATION
BERMUDA
ZEST AIRWAYS INC
PHILIPPINES
ZOGBI LUCIANO
SWITZERLAND
ZYMAN AVIATION LLC
UNITED STATES
Parc Aviation
BERMUDA
171JC
UNITED STATES
2M EXECUTIVE AVTN
VIRGIN ISLANDS, BRITISH
2 TS LLC
UNITED STATES
223RD FLIGHT UNIT
RUSSIAN FEDERATION
35-55 PARTNERSHIP
UNITED STATES
650-I LLC
UNITED STATES
900NB
UNITED STATES
a789
Operator using ICAO_CODE:AAE
Unknown
a791
Operator using ICAO_CODE:AJT
Unknown
a794
Operator using ICAO_CODE:AMF
Unknown
a799
Operator using ICAO_CODE:BCN
Unknown
a802
Operator using ICAO_CODE:BKS
Unknown
a808
Operator using ICAO_CODE:BSQ
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a809
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a811
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Unknown
a814
Operator using ICAO_CODE:CFX
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a816
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a818
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a819
Operator using ICAO_CODE:CGT
Unknown
a821
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a823
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Unknown
a825
Operator using ICAO_CODE:CTL
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a829
Operator using ICAO_CODE:CUT
Unknown
a830
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Unknown
a833
Operator using ICAO_CODE:DEL
Unknown
a835
Operator using ICAO_CODE:DRA
Unknown
a837
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Unknown
a838
Operator using ICAO_CODE:EVO
Unknown
a839
Operator using ICAO_CODE:FAC
Unknown
a840
Operator using ICAO_CODE:FAD
Unknown
a843
Operator using ICAO_CODE:FAV
Unknown
a845
Operator using ICAO_CODE:FGH
Unknown
a846
Operator using ICAO_CODE:FGI
Unknown
a850
Operator using ICAO_CODE:FIW
Unknown
a851
Operator using ICAO_CODE:FMI
Unknown
a854
Operator using ICAO_CODE:FOF
Unknown
a855
Operator using ICAO_CODE:FOG
Unknown
a856
Operator using ICAO_CODE:FOH
Unknown
a857
Operator using ICAO_CODE:FOI
Unknown
a858
Operator using ICAO_CODE:FOT
Unknown
a864
Operator using ICAO_CODE:FWO
Unknown
a865
Operator using ICAO_CODE:FWR
Unknown
a866
Operator using ICAO_CODE:FWU
Unknown
a867
Operator using ICAO_CODE:FWX
Unknown
a868
Operator using ICAO_CODE:FWY
Unknown
a860
Operator using ICAO_CODE:FW0
Unknown
a871
Operator using ICAO_CODE:GFI
Unknown
a874
Operator using ICAO_CODE:GUF
Unknown
a875
Operator using ICAO_CODE:GUI
Unknown
a876
Operator using ICAO_CODE:GUT
Unknown
a878
Operator using ICAO_CODE:GWX
Unknown
a879
Operator using ICAO_CODE:HBJ
Unknown
a880
Operator using ICAO_CODE:HDF
Unknown
a881
Operator using ICAO_CODE:HHD
Unknown
a888
Operator using ICAO_CODE:HPJ
Unknown
a889
Operator using ICAO_CODE:HUG
Unknown
a893
Operator using ICAO_CODE:INC
Unknown
a901
Operator using ICAO_CODE:KSB
Unknown
a902
Operator using ICAO_CODE:KTM
Unknown
a906
Operator using ICAO_CODE:LDU
Unknown
a919
Operator using ICAO_CODE:MAR
Unknown
a920
Operator using ICAO_CODE:MAW
Unknown
a921
Operator using ICAO_CODE:MEI
Unknown
a922
Operator using ICAO_CODE:MPC
Unknown
a924
Operator using ICAO_CODE:MTN
Unknown
a1002
Operator using ICAO_CODE:NCB
Unknown
a1011
Operator using ICAO_CODE:PJW
Unknown
a1013
Operator using ICAO_CODE:PLY
Unknown
a1015
Operator using ICAO_CODE:PRS
Unknown
a1016
Operator using ICAO_CODE:PSE
Unknown
a1017
Operator using ICAO_CODE:PSV
Unknown
a1019
Operator using ICAO_CODE:PTL
Unknown
a1023
Operator using ICAO_CODE:RGF
Unknown
a1024
Operator using ICAO_CODE:RHI
Unknown
a1028
Operator using ICAO_CODE:ROR
Unknown
a1031
Operator using ICAO_CODE:RUC
Unknown
a1034
Operator using ICAO_CODE:SBH
Unknown
a1035
Operator using ICAO_CODE:SBU
Unknown
a1036
Operator using ICAO_CODE:SER
Unknown
a1038
Operator using ICAO_CODE:SKZ
Unknown
a1039
Operator using ICAO_CODE:SPC
Unknown
a1041
Operator using ICAO_CODE:SVD
Unknown
a1042
Operator using ICAO_CODE:TAF
Unknown
a1044
Operator using ICAO_CODE:TIF
Unknown
a1047
Operator using ICAO_CODE:TKE
Unknown
a1053
Operator using ICAO_CODE:TPQ
Unknown
a1063
Operator using ICAO_CODE:VEC
Unknown
a1067
Operator using ICAO_CODE:WAJ
Unknown
a1068
Operator using ICAO_CODE:WBS
Unknown
a1069
Operator using ICAO_CODE:WDA
Unknown
a1071
Operator using ICAO_CODE:WIA
Unknown
a1073
Operator using ICAO_CODE:WML
Unknown
a1570
Operator using TAIL NB: AC960
Unknown
a1794
Operator using TAIL NB: AF3943
Unknown
a1795
Operator using TAIL NB: AF3965
Unknown
a1796
Operator using TAIL NB: AF3967
Unknown
a2022
Operator using TAIL NB: AHJT833
Unknown
a1507
Operator using TAIL NB: ARBV021
Unknown
a2023
Operator using TAIL NB: ARBV217
Unknown
a1509
Operator using TAIL NB: BULG001
Unknown
a1104
Operator using TAIL NB: CFFEV
Unknown
a1582
Operator using TAIL NB: CFGOV
Unknown
a1105
Operator using TAIL NB: CFXCN
Unknown
a1107
Operator using TAIL NB: CGCGS
Unknown
a1108
Operator using TAIL NB: CGCMP
Unknown
a1110
Operator using TAIL NB: CGJLN
Unknown
a1586
Operator using TAIL NB: CGKTM
Unknown
a1111
Operator using TAIL NB: CGLBB
Unknown
a1112
Operator using TAIL NB: CGRPM
Unknown
a1589
Operator using TAIL NB: CGTDE
Unknown
a1590
Operator using TAIL NB: CGTKM
Unknown
a1798
Operator using TAIL NB: CG1501
Unknown
a1800
Operator using TAIL NB: CG1707
Unknown
a1802
Operator using TAIL NB: CG1712
Unknown
a1803
Operator using TAIL NB: CG1719
Unknown
a1583
Operator using TAIL NB: CG201
Unknown
a1804
Operator using TAIL NB: CG2105
Unknown
a1805
Operator using TAIL NB: CG2114
Unknown
a1806
Operator using TAIL NB: CG2131
Unknown
a1591
Operator using TAIL NB: CJ950
Unknown
a1592
Operator using TAIL NB: CONDE
Unknown
a1571
Operator using TAIL NB: C1501
Unknown
a1574
Operator using TAIL NB: C1707
Unknown
a1575
Operator using TAIL NB: C1712
Unknown
a1576
Operator using TAIL NB: C1719
Unknown
a1577
Operator using TAIL NB: C2001
Unknown
a1578
Operator using TAIL NB: C2102
Unknown
a1579
Operator using TAIL NB: C2105
Unknown
a1580
Operator using TAIL NB: C2127
Unknown
a1594
Operator using TAIL NB: DAJGK
Unknown
a1305
Operator using TAIL NB: EV0065
Unknown
a1306
Operator using TAIL NB: EV0068
Unknown
a1809
Operator using TAIL NB: EV0681
Unknown
a1511
Operator using TAIL NB: FAV4402
Unknown
a1597
Operator using TAIL NB: FBUSN
Unknown
a1598
Operator using TAIL NB: FBVSE
Unknown
a1599
Operator using TAIL NB: FBZCF
Unknown
a1600
Operator using TAIL NB: FD833
Unknown
a1601
Operator using TAIL NB: FGATD
Unknown
a1602
Operator using TAIL NB: FGHPS
Unknown
a1119
Operator using TAIL NB: FGIEI
Unknown
a1603
Operator using TAIL NB: FGIZV
Unknown
a1604
Operator using TAIL NB: FGJAN
Unknown
a1606
Operator using TAIL NB: FGOXA
Unknown
a1608
Operator using TAIL NB: FGUSN
Unknown
a1122
Operator using TAIL NB: FGXES
Unknown
a1610
Operator using TAIL NB: FHCBM
Unknown
a1611
Operator using TAIL NB: FHFBY
Unknown
a2043
Operator using TAIL NB: FLINT43
Unknown
a1613
Operator using TAIL NB: FODSM
Unknown
a1614
Operator using TAIL NB: FODZH
Unknown
a1615
Operator using TAIL NB: FOFLY
Unknown
a1616
Operator using TAIL NB: FOFQV
Unknown
a1617
Operator using TAIL NB: FOGEI
Unknown
a1619
Operator using TAIL NB: FOGHZ
Unknown
a1621
Operator using TAIL NB: FOGNJ
Unknown
a1622
Operator using TAIL NB: FOGOL
Unknown
a1625
Operator using TAIL NB: FOGQX
Unknown
a1627
Operator using TAIL NB: FOGVA
Unknown
a1628
Operator using TAIL NB: FOGXA
Unknown
a1629
Operator using TAIL NB: FOGXB
Unknown
a1630
Operator using TAIL NB: FOHQV
Unknown
a1631
Operator using TAIL NB: FOHQX
Unknown
a1632
Operator using TAIL NB: FOHQY
Unknown
a1124
Operator using TAIL NB: FOIJB
Unknown
a1633
Operator using TAIL NB: FOIJE
Unknown
a1125
Operator using TAIL NB: FOIJF
Unknown
a1634
Operator using TAIL NB: FOIJG
Unknown
a1635
Operator using TAIL NB: FOIJI
Unknown
a1636
Operator using TAIL NB: FOIJP
Unknown
a1638
Operator using TAIL NB: FOIJS
Unknown
a1639
Operator using TAIL NB: FOIJU
Unknown
a1640
Operator using TAIL NB: FOIJY
Unknown
a1642
Operator using TAIL NB: FOIXA
Unknown
a1128
Operator using TAIL NB: FOIXD
Unknown
a1643
Operator using TAIL NB: FOIXP
Unknown
a1644
Operator using TAIL NB: FOJGL
Unknown
a1645
Operator using TAIL NB: FOJSR
Unknown
a1646
Operator using TAIL NB: FONLY
Unknown
a1129
Operator using TAIL NB: FOPTP
Unknown
a1130
Operator using TAIL NB: FORTE
Unknown
a1647
Operator using TAIL NB: FOSUD
Unknown
a1131
Operator using TAIL NB: FOTAG
Unknown
a1132
Operator using TAIL NB: FOTKE
Unknown
a1135
Operator using TAIL NB: FRAAD
Unknown
a1136
Operator using TAIL NB: FRAAG
Unknown
a1137
Operator using TAIL NB: FRADA
Unknown
a1138
Operator using TAIL NB: FRADB
Unknown
a1139
Operator using TAIL NB: FRADC
Unknown
a1142
Operator using TAIL NB: FRAGL
Unknown
a1143
Operator using TAIL NB: FRAGX
Unknown
a1086
Operator using TAIL NB: FRAI
Unknown
a1145
Operator using TAIL NB: FRAIE
Unknown
a1309
Operator using TAIL NB: FRAIIN
Unknown
a1146
Operator using TAIL NB: FRAIJ
Unknown
a1147
Operator using TAIL NB: FRAIL
Unknown
a1148
Operator using TAIL NB: FRAIN
Unknown
a1149
Operator using TAIL NB: FRAIO
Unknown
a1150
Operator using TAIL NB: FRAIQ
Unknown
a1151
Operator using TAIL NB: FRAIT
Unknown
a1152
Operator using TAIL NB: FRAIZ
Unknown
a1153
Operator using TAIL NB: FRAJA
Unknown
a1154
Operator using TAIL NB: FRAJB
Unknown
a1157
Operator using TAIL NB: FRAPO
Unknown
a1088
Operator using TAIL NB: FRAZ
Unknown
a1162
Operator using TAIL NB: FRAZP
Unknown
a1164
Operator using TAIL NB: FRAZZ
Unknown
a1133
Operator using TAIL NB: FRA10
Unknown
a1134
Operator using TAIL NB: FRA12
Unknown
a1165
Operator using TAIL NB: FRBFA
Unknown
a1166
Operator using TAIL NB: FRBFB
Unknown
a1810
Operator using TAIL NB: FR7495
Unknown
a1556
Operator using TAIL NB: FUWF
Unknown
a1171
Operator using TAIL NB: FWFBW
Unknown
a2044
Operator using TAIL NB: FWIO1FA
Unknown
a2045
Operator using TAIL NB: FWIO3FC
Unknown
a2046
Operator using TAIL NB: FWIO4FD
Unknown
a1651
Operator using TAIL NB: FWIPG
Unknown
a1811
Operator using TAIL NB: FW23GW
Unknown
a1648
Operator using TAIL NB: FW231
Unknown
a1812
Operator using TAIL NB: FW25GZ
Unknown
a1649
Operator using TAIL NB: FW301
Unknown
a1650
Operator using TAIL NB: FW311
Unknown
a1813
Operator using TAIL NB: FW44HL
Unknown
a1174
Operator using TAIL NB: FZBCF
Unknown
a1652
Operator using TAIL NB: FZBCJ
Unknown
a1653
Operator using TAIL NB: GU109
Unknown
a2047
Operator using TAIL NB: GU109ME
Unknown
a1815
Operator using TAIL NB: GU3675
Unknown
a2048
Operator using TAIL NB: GU3677A
Unknown
a2049
Operator using TAIL NB: GU65745
Unknown
a2051
Operator using TAIL NB: GY109BP
Unknown
a1181
Operator using TAIL NB: HBIUX
Unknown
a1182
Operator using TAIL NB: HBJEI
Unknown
a1656
Operator using TAIL NB: HHDCT
Unknown
a1184
Operator using TAIL NB: HHDMX
Unknown
a1658
Operator using TAIL NB: HI657
Unknown
a1513
Operator using TAIL NB: HI719CT
Unknown
a1516
Operator using TAIL NB: HI746CA
Unknown
a2055
Operator using TAIL NB: HI746CT
Unknown
a1186
Operator using TAIL NB: HI772
Unknown
a1517
Operator using TAIL NB: HI772CT
Unknown
a1659
Operator using TAIL NB: HI776
Unknown
a1660
Operator using TAIL NB: HI816
Unknown
a2056
Operator using TAIL NB: HI816CT
Unknown
a1661
Operator using TAIL NB: HI819
Unknown
a1662
Operator using TAIL NB: HI820
Unknown
a2057
Operator using TAIL NB: HI820CT
Unknown
a1663
Operator using TAIL NB: HI830
Unknown
a2058
Operator using TAIL NB: HI830CT
Unknown
a1187
Operator using TAIL NB: HI840
Unknown
a1188
Operator using TAIL NB: HI851
Unknown
a1519
Operator using TAIL NB: HK4492X
Unknown
a1520
Operator using TAIL NB: HK4493X
Unknown
a1664
Operator using TAIL NB: HU772
Unknown
a1666
Operator using TAIL NB: IA370
Unknown
a1667
Operator using TAIL NB: J6AAA
Unknown
a1668
Operator using TAIL NB: J6UVF
Unknown
a1670
Operator using TAIL NB: J8KIM
Unknown
a1671
Operator using TAIL NB: J8SLU
Unknown
a1672
Operator using TAIL NB: J8SUN
Unknown
a1674
Operator using TAIL NB: J8VAM
Unknown
a1676
Operator using TAIL NB: J8VBI
Unknown
a1677
Operator using TAIL NB: J8VBJ
Unknown
a1678
Operator using TAIL NB: J8VBK
Unknown
a1679
Operator using TAIL NB: J8VBL
Unknown
a1682
Operator using TAIL NB: J8VBQ
Unknown
a1683
Operator using TAIL NB: J8VBS
Unknown
a1819
Operator using TAIL NB: LCGTDE
Unknown
a2060
Operator using TAIL NB: LIAT558
Unknown
a1689
Operator using TAIL NB: LI347
Unknown
a2061
Operator using TAIL NB: LLIA558
Unknown
a1821
Operator using TAIL NB: LN30LJ
Unknown
a1311
Operator using TAIL NB: LN35DL
Unknown
a1823
Operator using TAIL NB: LN40PK
Unknown
a2066
Operator using TAIL NB: LN444WB
Unknown
a1824
Operator using TAIL NB: LN77NJ
Unknown
a2069
Operator using TAIL NB: LN989AL
Unknown
a1691
Operator using TAIL NB: LVMEM
Unknown
a1190
Operator using TAIL NB: LVRED
Unknown
a1237
Operator using TAIL NB: NASA4
Unknown
a1746
Operator using TAIL NB: NA011
Unknown
a1238
Operator using TAIL NB: NXF61
Unknown
a1696
Operator using TAIL NB: N093Z
Unknown
a1192
Operator using TAIL NB: N10SA
Unknown
a1313
Operator using TAIL NB: N109JZ
Unknown
a1312
Operator using TAIL NB: N1093Z
Unknown
a1314
Operator using TAIL NB: N110HA
Unknown
a1316
Operator using TAIL NB: N111WB
Unknown
a1827
Operator using TAIL NB: N114AX
Unknown
a2074
Operator using TAIL NB: N1144AX
Unknown
a1829
Operator using TAIL NB: N115BR
Unknown
a1828
Operator using TAIL NB: N1157A
Unknown
a1698
Operator using TAIL NB: N122U
Unknown
a1319
Operator using TAIL NB: N128AB
Unknown
a1321
Operator using TAIL NB: N129WA
Unknown
a1699
Operator using TAIL NB: N13PA
Unknown
a1322
Operator using TAIL NB: N139CF
Unknown
a1193
Operator using TAIL NB: N14CG
Unknown
a1834
Operator using TAIL NB: N140WC
Unknown
a1323
Operator using TAIL NB: N143GA
Unknown
a1835
Operator using TAIL NB: N146CS
Unknown
a1324
Operator using TAIL NB: N150LR
Unknown
a1837
Operator using TAIL NB: N1547B
Unknown
a1838
Operator using TAIL NB: N155AC
Unknown
a1523
Operator using TAIL NB: N1610PR
Unknown
a1326
Operator using TAIL NB: N163PA
Unknown
a1702
Operator using TAIL NB: N17CD
Unknown
a1842
Operator using TAIL NB: N170PC
Unknown
a1194
Operator using TAIL NB: N173S
Unknown
a1843
Operator using TAIL NB: N176WS
Unknown
a1330
Operator using TAIL NB: N182GX
Unknown
a1195
Operator using TAIL NB: N184R
Unknown
a1197
Operator using TAIL NB: N19QC
Unknown
a1090
Operator using TAIL NB: N2JR
Unknown
a1703
Operator using TAIL NB: N20WN
Unknown
a1847
Operator using TAIL NB: N200LJ
Unknown
a1331
Operator using TAIL NB: N201CR
Unknown
a1849
Operator using TAIL NB: N211BC
Unknown
a1850
Operator using TAIL NB: N212BA
Unknown
a1333
Operator using TAIL NB: N218EC
Unknown
a1198
Operator using TAIL NB: N22EM
Unknown
a1334
Operator using TAIL NB: N221AL
Unknown
a1335
Operator using TAIL NB: N221DG
Unknown
a1704
Operator using TAIL NB: N226W
Unknown
a1851
Operator using TAIL NB: N228RM
Unknown
a1337
Operator using TAIL NB: N229BP
Unknown
a1852
Operator using TAIL NB: N2321T
Unknown
a1199
Operator using TAIL NB: N24ET
Unknown
a1200
Operator using TAIL NB: N24KW
Unknown
a1201
Operator using TAIL NB: N24UD
Unknown
a1706
Operator using TAIL NB: N24YS
Unknown
a1339
Operator using TAIL NB: N243CH
Unknown
a1340
Operator using TAIL NB: N245US
Unknown
a1202
Operator using TAIL NB: N260V
Unknown
a1856
Operator using TAIL NB: N262FX
Unknown
a1342
Operator using TAIL NB: N267BB
Unknown
a1857
Operator using TAIL NB: N270AX
Unknown
a1707
Operator using TAIL NB: N283S
Unknown
a1343
Operator using TAIL NB: N285CP
Unknown
a1858
Operator using TAIL NB: N288KA
Unknown
a1708
Operator using TAIL NB: N296L
Unknown
a1370
Operator using TAIL NB: N3DMRT
Unknown
a1709
Operator using TAIL NB: N30LJ
Unknown
a1862
Operator using TAIL NB: N303CJ
Unknown
a1206
Operator using TAIL NB: N31GA
Unknown
a1865
Operator using TAIL NB: N3120U
Unknown
a1348
Operator using TAIL NB: N315FV
Unknown
a1349
Operator using TAIL NB: N316NE
Unknown
a1869
Operator using TAIL NB: N317PC
Unknown
a1352
Operator using TAIL NB: N323LB
Unknown
a1207
Operator using TAIL NB: N326N
Unknown
a1355
Operator using TAIL NB: N328JK
Unknown
a1874
Operator using TAIL NB: N329FX
Unknown
a1711
Operator using TAIL NB: N33NJ
Unknown
a1875
Operator using TAIL NB: N330FX
Unknown
a1876
Operator using TAIL NB: N336AD
Unknown
a1357
Operator using TAIL NB: N339BA
Unknown
a1358
Operator using TAIL NB: N344AA
Unknown
a1877
Operator using TAIL NB: N344CC
Unknown
a1359
Operator using TAIL NB: N345AA
Unknown
a1209
Operator using TAIL NB: N35DL
Unknown
a1360
Operator using TAIL NB: N350JS
Unknown
a1361
Operator using TAIL NB: N358WC
Unknown
a1882
Operator using TAIL NB: N362MC
Unknown
a1883
Operator using TAIL NB: N36688
Unknown
a1884
Operator using TAIL NB: N36742
Unknown
a1885
Operator using TAIL NB: N36883
Unknown
a1886
Operator using TAIL NB: N36994
Unknown
a1889
Operator using TAIL NB: N377GA
Unknown
a1887
Operator using TAIL NB: N3776A
Unknown
a1890
Operator using TAIL NB: N381MQ
Unknown
a1892
Operator using TAIL NB: N386MQ
Unknown
a1366
Operator using TAIL NB: N393BD
Unknown
a1893
Operator using TAIL NB: N395MY
Unknown
a1895
Operator using TAIL NB: N398DL
Unknown
a1211
Operator using TAIL NB: N398W
Unknown
a1091
Operator using TAIL NB: N4EA
Unknown
a1212
Operator using TAIL NB: N40PK
Unknown
a1371
Operator using TAIL NB: N4009L
Unknown
a1374
Operator using TAIL NB: N404JW
Unknown
a1896
Operator using TAIL NB: N404TL
Unknown
a1898
Operator using TAIL NB: N410MN
Unknown
a1899
Operator using TAIL NB: N411WB
Unknown
a1375
Operator using TAIL NB: N414RF
Unknown
a1378
Operator using TAIL NB: N41972
Unknown
a1380
Operator using TAIL NB: N426RJ
Unknown
a1901
Operator using TAIL NB: N428SC
Unknown
a1381
Operator using TAIL NB: N4297N
Unknown
a1902
Operator using TAIL NB: N430JT
Unknown
a2077
Operator using TAIL NB: N4324SB
Unknown
a1382
Operator using TAIL NB: N434SB
Unknown
a1903
Operator using TAIL NB: N4345B
Unknown
a1907
Operator using TAIL NB: N444WB
Unknown
a1715
Operator using TAIL NB: N45UP
Unknown
a1908
Operator using TAIL NB: N458DA
Unknown
a1385
Operator using TAIL NB: N458PE
Unknown
a1910
Operator using TAIL NB: N467JK
Unknown
a1911
Operator using TAIL NB: N4797N
Unknown
a1717
Operator using TAIL NB: N48HF
Unknown
a1912
Operator using TAIL NB: N487UE
Unknown
a1915
Operator using TAIL NB: N49OCC
Unknown
a1913
Operator using TAIL NB: N490CC
Unknown
a1914
Operator using TAIL NB: N490EC
Unknown
a1391
Operator using TAIL NB: N491AN
Unknown
a1394
Operator using TAIL NB: N502JL
Unknown
a1918
Operator using TAIL NB: N508CB
Unknown
a1399
Operator using TAIL NB: N515LR
Unknown
a1919
Operator using TAIL NB: N524FS
Unknown
a1719
Operator using TAIL NB: N53HJ
Unknown
a1214
Operator using TAIL NB: N54CC
Unknown
a1404
Operator using TAIL NB: N544LR
Unknown
a1405
Operator using TAIL NB: N547LR
Unknown
a1406
Operator using TAIL NB: N555GL
Unknown
a1924
Operator using TAIL NB: N5561F
Unknown
a1407
Operator using TAIL NB: N561CM
Unknown
a1925
Operator using TAIL NB: N56672
Unknown
a1722
Operator using TAIL NB: N59CJ
Unknown
a1410
Operator using TAIL NB: N590FA
Unknown
a1941
Operator using TAIL NB: N6VAFW
Unknown
a1412
Operator using TAIL NB: N601JE
Unknown
a1416
Operator using TAIL NB: N604HC
Unknown
a1725
Operator using TAIL NB: N61MA
Unknown
a1417
Operator using TAIL NB: N610PR
Unknown
a1419
Operator using TAIL NB: N614FX
Unknown
a1929
Operator using TAIL NB: N616MR
Unknown
a1930
Operator using TAIL NB: N61788
Unknown
a1216
Operator using TAIL NB: N64MP
Unknown
a1217
Operator using TAIL NB: N65RZ
Unknown
a1421
Operator using TAIL NB: N650AL
Unknown
a1218
Operator using TAIL NB: N66NJ
Unknown
a2078
Operator using TAIL NB: N66715R
Unknown
a1935
Operator using TAIL NB: N6678F
Unknown
a1422
Operator using TAIL NB: N668MP
Unknown
a1726
Operator using TAIL NB: N67GH
Unknown
a1219
Operator using TAIL NB: N67GW
Unknown
a1424
Operator using TAIL NB: N671RW
Unknown
a1936
Operator using TAIL NB: N675MP
Unknown
a1425
Operator using TAIL NB: N676GH
Unknown
a1426
Operator using TAIL NB: N682DB
Unknown
a1428
Operator using TAIL NB: N684QS
Unknown
a1940
Operator using TAIL NB: N688JB
Unknown
a1728
Operator using TAIL NB: N70LJ
Unknown
a1429
Operator using TAIL NB: N700MP
Unknown
a1430
Operator using TAIL NB: N700NY
Unknown
a1942
Operator using TAIL NB: N700SL
Unknown
a1221
Operator using TAIL NB: N71NK
Unknown
a1222
Operator using TAIL NB: N71PG
Unknown
a1431
Operator using TAIL NB: N711NK
Unknown
a1432
Operator using TAIL NB: N719JP
Unknown
a1943
Operator using TAIL NB: N721RM
Unknown
a1437
Operator using TAIL NB: N729TA
Unknown
a1945
Operator using TAIL NB: N733TA
Unknown
a1731
Operator using TAIL NB: N75LA
Unknown
a1732
Operator using TAIL NB: N75MC
Unknown
a1946
Operator using TAIL NB: N764XJ
Unknown
a1441
Operator using TAIL NB: N7643U
Unknown
a1442
Operator using TAIL NB: N767FA
Unknown
a1947
Operator using TAIL NB: N769SK
Unknown
a1734
Operator using TAIL NB: N77FA
Unknown
a1735
Operator using TAIL NB: N77NJ
Unknown
a1736
Operator using TAIL NB: N782T
Unknown
a1949
Operator using TAIL NB: N783ML
Unknown
a1445
Operator using TAIL NB: N797CB
Unknown
a1446
Operator using TAIL NB: N799WW
Unknown
a1950
Operator using TAIL NB: N800AL
Unknown
a1447
Operator using TAIL NB: N800EL
Unknown
a1951
Operator using TAIL NB: N800NS
Unknown
a1449
Operator using TAIL NB: N800WA
Unknown
a1450
Operator using TAIL NB: N801PN
Unknown
a1952
Operator using TAIL NB: N811AM
Unknown
a1953
Operator using TAIL NB: N815MA
Unknown
a1956
Operator using TAIL NB: N828KD
Unknown
a1453
Operator using TAIL NB: N841WS
Unknown
a1737
Operator using TAIL NB: N860S
Unknown
a1961
Operator using TAIL NB: N863PA
Unknown
a1561
Operator using TAIL NB: N87V
Unknown
a1962
Operator using TAIL NB: N874JD
Unknown
a1562
Operator using TAIL NB: N88D
Unknown
a1738
Operator using TAIL NB: N8862
Unknown
a1965
Operator using TAIL NB: N8862F
Unknown
a1460
Operator using TAIL NB: N888AQ
Unknown
a1462
Operator using TAIL NB: N890CW
Unknown
a1463
Operator using TAIL NB: N898EW
Unknown
a1563
Operator using TAIL NB: N9UP
Unknown
a1226
Operator using TAIL NB: N90AJ
Unknown
a1971
Operator using TAIL NB: N901PC
Unknown
a2079
Operator using TAIL NB: N901QDS
Unknown
a1466
Operator using TAIL NB: N9053T
Unknown
a2080
Operator using TAIL NB: N9098JB
Unknown
a1975
Operator using TAIL NB: N915GM
Unknown
a1470
Operator using TAIL NB: N916LX
Unknown
a1976
Operator using TAIL NB: N9176S
Unknown
a1471
Operator using TAIL NB: N921CC
Unknown
a1473
Operator using TAIL NB: N929JH
Unknown
a1977
Operator using TAIL NB: N929KD
Unknown
a1742
Operator using TAIL NB: N93RS
Unknown
a1978
Operator using TAIL NB: N933DR
Unknown
a2081
Operator using TAIL NB: N9339CK
Unknown
a1979
Operator using TAIL NB: N939CK
Unknown
a1980
Operator using TAIL NB: N940AE
Unknown
a1981
Operator using TAIL NB: N940CC
Unknown
a1477
Operator using TAIL NB: N951DB
Unknown
a1232
Operator using TAIL NB: N96NB
Unknown
a1984
Operator using TAIL NB: N972QJ
Unknown
a1234
Operator using TAIL NB: N98CG
Unknown
a1986
Operator using TAIL NB: N988SB
Unknown
a1486
Operator using TAIL NB: N989AL
Unknown
a1236
Operator using TAIL NB: N99CN
Unknown
a1744
Operator using TAIL NB: N99NJ
Unknown
a1235
Operator using TAIL NB: N990M
Unknown
a1987
Operator using TAIL NB: N991AL
Unknown
a1487
Operator using TAIL NB: N995CR
Unknown
a1747
Operator using TAIL NB: OEHUB
Unknown
a1240
Operator using TAIL NB: OYWET
Unknown
a2082
Operator using TAIL NB: PASTEUR
Unknown
a2083
Operator using TAIL NB: PEGASUS
Unknown
a2084
Operator using TAIL NB: PEGASUZ
Unknown
a1748
Operator using TAIL NB: PJWEB
Unknown
a1246
Operator using TAIL NB: PPEIC
Unknown
a1248
Operator using TAIL NB: PPETR
Unknown
a1251
Operator using TAIL NB: PPMIS
Unknown
a1754
Operator using TAIL NB: PPXVJ
Unknown
a1252
Operator using TAIL NB: PRAIN
Unknown
a1255
Operator using TAIL NB: PRDRI
Unknown
a1755
Operator using TAIL NB: PRGKJ
Unknown
a1257
Operator using TAIL NB: PRODT
Unknown
a1258
Operator using TAIL NB: PRSCE
Unknown
a1756
Operator using TAIL NB: PRSPR
Unknown
a1757
Operator using TAIL NB: PRTNA
Unknown
a1263
Operator using TAIL NB: PTLMS
Unknown
a1264
Operator using TAIL NB: PTLNC
Unknown
a1266
Operator using TAIL NB: PTLUK
Unknown
a1267
Operator using TAIL NB: PTORA
Unknown
a1269
Operator using TAIL NB: PTSCR
Unknown
a1274
Operator using TAIL NB: PTWJS
Unknown
a1278
Operator using TAIL NB: PTXGS
Unknown
a1280
Operator using TAIL NB: PTZMA
Unknown
a1760
Operator using TAIL NB: PZTST
Unknown
a1761
Operator using TAIL NB: PZTSV
Unknown
a1241
Operator using TAIL NB: P4FLY
Unknown
a1992
Operator using TAIL NB: RECTO1
Unknown
a2085
Operator using TAIL NB: RECTO21
Unknown
a1282
Operator using TAIL NB: RSSA1
Unknown
a2089
Operator using TAIL NB: SEBATOR
Unknown
a1525
Operator using TAIL NB: SHELL01
Unknown
a1762
Operator using TAIL NB: TIBBN
Unknown
a1526
Operator using TAIL NB: TIF375A
Unknown
a2094
Operator using TAIL NB: TN733TA
Unknown
a2095
Operator using TAIL NB: TN890CW
Unknown
a1994
Operator using TAIL NB: TX9512
Unknown
a1284
Operator using TAIL NB: TZTAC
Unknown
a1285
Operator using TAIL NB: UJT17
Unknown
a1490
Operator using TAIL NB: UJT300
Unknown
a1286
Operator using TAIL NB: UN450
Unknown
a1763
Operator using TAIL NB: UY209
Unknown
a1777
Operator using TAIL NB: VPAAA
Unknown
a1778
Operator using TAIL NB: VPAAF
Unknown
a1288
Operator using TAIL NB: VPBDB
Unknown
a1289
Operator using TAIL NB: VPBJV
Unknown
a1779
Operator using TAIL NB: VPBLR
Unknown
a1290
Operator using TAIL NB: VPBMS
Unknown
a1780
Operator using TAIL NB: VPBVG
Unknown
a1781
Operator using TAIL NB: VPBZE
Unknown
a1294
Operator using TAIL NB: VPCVI
Unknown
a1765
Operator using TAIL NB: V2LDI
Unknown
a1766
Operator using TAIL NB: V2LDL
Unknown
a1769
Operator using TAIL NB: V2LDU
Unknown
a1770
Operator using TAIL NB: V2LEL
Unknown
a1771
Operator using TAIL NB: V2LFC
Unknown
a1772
Operator using TAIL NB: V2LFL
Unknown
a1775
Operator using TAIL NB: V2LFT
Unknown
a1776
Operator using TAIL NB: V2LGH
Unknown
a2097
Operator using TAIL NB: WARLOC1
Unknown
a1295
Operator using TAIL NB: XAAEX
Unknown
a1297
Operator using TAIL NB: XAESC
Unknown
a1786
Operator using TAIL NB: XAYYY
Unknown
a1997
Operator using TAIL NB: X6VAFW
Unknown
a1301
Operator using TAIL NB: YRCJF
Unknown
a1528
Operator using TAIL NB: YV1004C
Unknown
a1491
Operator using TAIL NB: YV1005
Unknown
a1492
Operator using TAIL NB: YV1008
Unknown
a1493
Operator using TAIL NB: YV1009
Unknown
a1494
Operator using TAIL NB: YV1010
Unknown
a1495
Operator using TAIL NB: YV1083
Unknown
a2000
Operator using TAIL NB: YV1212
Unknown
a2001
Operator using TAIL NB: YV128T
Unknown
a1496
Operator using TAIL NB: YV1401
Unknown
a2002
Operator using TAIL NB: YV1456
Unknown
a2003
Operator using TAIL NB: YV1518
Unknown
a2004
Operator using TAIL NB: YV155T
Unknown
a2104
Operator using TAIL NB: YV174CP
Unknown
a2005
Operator using TAIL NB: YV174T
Unknown
a2006
Operator using TAIL NB: YV1844
Unknown
a1499
Operator using TAIL NB: YV1850
Unknown
a2007
Operator using TAIL NB: YV188T
Unknown
a1500
Operator using TAIL NB: YV1929
Unknown
a1502
Operator using TAIL NB: YV2073
Unknown
a2008
Operator using TAIL NB: YV218T
Unknown
a2010
Operator using TAIL NB: YV2286
Unknown
a1505
Operator using TAIL NB: YV2421
Unknown
a1506
Operator using TAIL NB: YV2422
Unknown
a2011
Operator using TAIL NB: YV268T
Unknown
a1533
Operator using TAIL NB: YV292CP
Unknown
a1789
Operator using TAIL NB: YV401
Unknown
a2012
Operator using TAIL NB: YV42CP
Unknown
a1534
Operator using TAIL NB: YV450CP
Unknown
a1535
Operator using TAIL NB: YV455CP
Unknown
a1537
Operator using TAIL NB: YV778CP
Unknown
a2110
Operator using TAIL NB: YV815CP
Unknown
a1302
Operator using TAIL NB: ZSEPB
Unknown
a1303
Operator using TAIL NB: ZSOEE
Unknown
a1304
Operator using TAIL NB: ZSPZA
Unknown
a11755
Operator using TAIL NB: GGJMB
Unknown
a12733
Operator using TAIL NB: N292CS
Unknown
a11506
Operator using TAIL NB: N829CS
Unknown
a11512
Operator using TAIL NB: N915AV
Unknown
a11525
Operator using TAIL NB: PRAGP
Unknown
a11527
Operator using TAIL NB: PRDNZ
Unknown
a12903
Operator using TAIL NB: PRROZ
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a11542
Operator using TAIL NB: VPCZK
Unknown
a11546
Operator using TAIL NB: VQBFP
Unknown
a12918
Operator using TAIL NB: XACHE
MEXICO
a12707
Operator using TAIL NB: N169FJ
UNITED STATES
a11748
Operator using TAIL NB: 5YJLF
Unknown
a1564
Operator using TAIL NB: 3BSSD
Unknown
a1097
Operator using TAIL NB: 3DMRW
Unknown
a1098
Operator using TAIL NB: 3DRMW
Unknown
a1791
Operator using TAIL NB: 3S9402
Unknown
a1100
Operator using TAIL NB: 4XCMY
Unknown
a1102
Operator using TAIL NB: 6VAFW
Unknown
a1085
Operator using TAIL NB: 6152
Unknown
a1792
Operator using TAIL NB: 7V2LGH
Unknown
a1567
Operator using TAIL NB: 8RGFI
Unknown
ICELAND
CRCO Identification no.
Operator Name
State of the Operator
Almond Forest Investments LLC
UNITED STATES
Altbridge Projects Ltd.
RUSSIAN FEDERATION
American Seafood's Group
UNITED STATES
ACTION AVIATION UK
UNITED ARAB EMIRATES
AEROCENTURY CORP.
UNITED STATES
AERODATA AKTIENGES 1
GERMANY
AERODYNAMICS USA
UNITED STATES
AEROFLIGHT SERVICES
UNITED STATES
AEROJET AIRCOMPANY
UKRAINE
AEROMARITIME INC
UNITED STATES
AERO GMBH
GERMANY
AERO JET INTL
UNITED STATES
AIRBOSS OF AMERICA
CANADA
AIRKROL LLC
UNITED STATES
AIRON AIR
DENMARK
AIRTRAN AIRWAYS INC.
UNITED STATES
AIR AMBULANCE SPEC
UNITED STATES
AIR ATLANTA
ICELAND
AIR CAPITAL PILOT
UNITED STATES
AIR CHATEAUX
FRANCE
ALCI AVIATION
CANADA
ALTEX LLC
UNITED STATES
AMTS AIRCRAFT HOLDINGS LLC-N40DK
UNITED STATES
AM General, LLC
UNITED STATES
ANPARTSSELSKABET
DENMARK
AR AIRWAYS PVT LTD
INDIA
ASHTON AVIATION
UNITED STATES
ASTAR USA LLC
UNITED STATES
AVANGARD AVTN AVV
RUSSIAN FEDERATION
AVANGARD MALZ AG
GERMANY
AVIATION INVENTORY
UNITED STATES
AVIATION SERVICES & SALES INC
UNITED STATES
AVIA AM B06 UAB
LITHUANIA
AVON AVIATION LLC
UNITED STATES
AVSTAR INTL CORP
UNITED STATES
AVTN CAPITAL GRP (2)
UNITED STATES
AVTN CONSULTANTS INC
UNITED STATES
AVTN PARTN. AMERICA
UNITED STATES
AZA AIR LLC
UNITED STATES
AZIZ HASSANALI
UNITED STATES
Bacchus Consulting, LLC
UNITED STATES
BankNote Aviation Corp.
UNITED STATES
Bar-Aero LLC
UNITED STATES
Basic Capital Majestic
UNITED STATES
BioTek Instruments, Inc.
UNITED STATES
Bravo Bravo Investments LLC
UNITED STATES
Buddy 4, LLC
UNITED STATES
BABCOCK AND BROWN
UNITED STATES
BAUERMEISTER, J
SWITZERLAND
BEECHCRAFT AUGSBURG
GERMANY
BLUEBIRD CARGO
ICELAND
BLUE DIAMOND TURBINE
UNITED STATES
BP Microsystems Leasing LLC
UNITED STATES
BURAQ AIR
LIBYA
B.F. Limited Partnership
UNITED STATES
Cambridge Flight Support, LLC
UNITED STATES
Chris James
BAHAMAS
Cooper Industries
UNITED STATES
CANADIAN NORTH
CANADA
CARIBOU INDUSTRIES
UNITED STATES
CAS LTD
UNITED STATES
CEZANAIR B.V.
NETHERLANDS
CIRRUS AIR CLUB
UNITED STATES
CJ3 CHARTER LLC
UNITED STATES
CLICK MEXICANA
MEXICO
CLM SRL
ITALY
CLOSE AIR
UNITED KINGDOM
COMFORT LINE LTD
UNITED STATES
CONCORD AIR INC
UNITED STATES
CONGO MINING & SERVICES
UNITED STATES
CORPORATE ACFT LS
SWITZERLAND
CORPORATE AIR SVCS
UNITED STATES
CUMULUS INV. HOL.LTD
UNITED KINGDOM
C&S Wholesale Grocers, Inc.
UNITED STATES
C3J CHARTER LLC
UNITED STATES
DANA AIRLINES
NIGERIA
DEKA RESEARCH DEV.
UNITED STATES
DFASS
UNITED STATES
DOVE AIR
UNITED STATES
DUNCAN AVIATION
UNITED STATES
DYNAMIC PARTNERS BV
NETHERLANDS
Estrella Aviation
UNITED STATES
EAGLE ENTERPRISE
UNITED STATES
EAST AIR
EDF LLC
UNITED STATES
EFS AIRCRAFT
GERMANY
ELITE AIRWAYS
UNITED STATES
ENEX AVIATION SA
MONACO
ENGAGE AVIATION LLC
UNITED STATES
EUROLINE AIRCOMPANY
GEORGIA
EXECUTIVE AIR CHART.
UNITED STATES
EXELLAIR
LUXEMBOURG
EXO -2T ALLEMAGNE
GERMANY
EXO -2T AUTRES PAYS
AUSTRALIA
EXO -2T FRANCE
FRANCE
EXO -2T N&S AMERICA
UNITED STATES
Fine Line, L.P.
UNITED STATES
Flight Management Services
UNITED STATES
FALKO REGIONAL ACFT
UNITED KINGDOM
FARSIGHT TECHNOL.
UNITED STATES
FELIX AIRWAYS
YEMEN
FLIGHTWORX AVIATION
UNITED KINGDOM
FLIGHT MANAGMNT LLC
UNITED STATES
FLUGFELAG ISLANDS
ICELAND
FLYING FASTER SNC
FRANCE
FLY AWAY AVIATION
UNITED STATES
FORINDOPRIMA PER.
INDONESIA
FOUNTAIN AIR
UNITED KINGDOM
FREEDOM AIRLINES INC
UNITED STATES
GAMA AVIATION ASSET2
UNITED KINGDOM
GATEWOOD INVESTMENTS
VIRGIN ISLANDS, BRITISH
GEMUE GMBH
SWITZERLAND
GE CAPITAL SOLUTION
UNITED KINGDOM
GIFFORD D
UNITED STATES
GLOBAL ACFT SOLUTION
UNITED STATES
GLOBAL AIR CHRTRS
UNITED STATES
GLOBAL WINGS LLC
UNITED STATES
Herzog Contracting Corp.
UNITED STATES
Hope Million Ltd Bvi
VIRGIN ISLANDS, BRITISH
HAMMER THOMAS J
UNITED STATES
HAPPY AIR TRAVELLERS
THAILAND
HARRIS AIR UTAH
UNITED STATES
HAWKER PACIFIC AIR
CHINA
HAWKER PACIFIC 2
AUSTRALIA
HAYAT HAVA VE ARAC
TURKEY
HELLO
SWITZERLAND
HMC Interests LLC
UNITED STATES
HOLDING TERRY A
UNITED KINGDOM
HOLIDAY RETIREMENT
UNITED STATES
HZ AVIATION LTD
ISRAEL
Indefensible Corporation (DJMD Corporation)
UNITED STATES
Investair 300, LLC
UNITED STATES
ICELANDAIR
ICELAND
ICELAND COAST GUARD
ICELAND
INTEGRA MAP
SPAIN
INTERCONTL PARTNERS
UNITED STATES
INTL JETCLUB LTD
UNITED KINGDOM
ITAB (2)
CONGO
ITTAG LLC
UNITED STATES
IT AVIATION LLC
UNITED STATES
Jesse Duplantis Ministries
UNITED STATES
JB AVIATION LLC
UNITED STATES
JCE LEASING LLC
UNITED STATES
JEDINAK R AND R
CANADA
JEFFERSON FINANCIAL COMPANY
UNITED STATES
JEM AVIATION LLC
UNITED STATES
JETAVIVA LLC
UNITED STATES
JETRAN LLC
UNITED STATES
JETVUE LLC
UNITED STATES
JETWORKS
UNITED STATES
JET AIR AIRCRAFT LEASING LLC
UNITED STATES
JET SALES OF FLORIDA
UNITED STATES
JOKLAFLUG
ICELAND
JPATS
UNITED STATES
JT Aviation Leasing Co. LLC
UNITED STATES
Koch Industries
UNITED STATES
KAVAN LLC
UNITED STATES
KIRLAND 41025 LLC
UNITED STATES
KMI MANAGEMENT
UNITED STATES
Landow 101 Inc.
UNITED STATES
Laurence Di Francesco
UNITED STATES
Logistics Business Services LLC
UNITED STATES
LAMONT SEA MARITIME
UNITED STATES
LEARFLY
FRANCE
LIFTWOOD
UNITED KINGDOM
LKM, Inc.
UNITED STATES
L60-215 HOLDINGS LLC
UNITED STATES
Manivalva, S.A
PANAMA
Mountaire Corporation
UNITED STATES
Mr Chow Enterprises, LTD
UNITED STATES
Mutual of Omaha
UNITED STATES
MAINE AVIATION SALES
UNITED STATES
MALDIVIAN AIR TAXI
MALDIVES
MARIGOT LLC
UNITED STATES
MARI LLC
UNITED STATES
MARK IV AVIATION LTD
BAHAMAS
MARK IV AVTN LTD
BAHAMAS
MARRON VENTURES
SWITZERLAND
MCDONNELL DOUGLAS AIRCRAFT CO
UNITED STATES
MEISINGER AVIATION
UNITED STATES
MERCER AIR LLC
UNITED STATES
MIG AVIATION (UK)LTD
UNITED KINGDOM
MIL COLOMBIA
COLOMBIA
MIL EGYPT (3)
EGYPT
MIL ISRAEL
ISRAEL
MIL KAZAKHSTAN
KAZAKHSTAN
MIL MEXICO
MEXICO
MIL MOROCCO (3)
MOROCCO
MIL NORWAY
NORWAY
MIL SAUDI (KNE)
SAUDI ARABIA
MIL SAUDI (RSF)
SAUDI ARABIA
MIL UKRAINE
UKRAINE
MIL US NAVY
UNITED STATES
MISSIONAIR S.L.
SPAIN
MK AIRCARGO (2)
UNITED KINGDOM
MMR-GROUP NV
BELGIUM
MOO TOO 1 INC
UNITED STATES
MOUNTAIN SHADOW VENTURES LLC
UNITED STATES
MUNSTER JET PARTNER
IRELAND
M INVESTMENTS LLC
UNITED STATES
NATO AIRLIFT
LUXEMBOURG
NEXTANT AEROSPACE
UNITED STATES
NORLANDAIR
ICELAND
Onni Airways Ltd.
CANADA
OCEAN AIR AVIATION
UNITED STATES
OTTER INSPIRATIONS
UNITED STATES
Papier Mettler
GERMANY
Pioneer Private Aviation
UNITED STATES
Pyle Group LLC
UNITED STATES
PACIFIC JET
UNITED STATES
PANADERO ENERGY LLC
UNITED STATES
PEAK PACIFIC GLOBAL
CHINA
PEGASUS AVIATION II INC
UNITED STATES
PENTASTAR AIR LTD.
CANADA
PEREGRINE AVIATION
UNITED STATES
POLSKIE ZAKLADY LOTN
POLAND
POSEIDON FINANCE
VIRGIN ISLANDS, BRITISH
PREMIERE FLIGHT
UNITED STATES
PRIMERA AIR
ICELAND
PROVINCIAL AIRLINES
CANADA
Raven Aviation LLC
UNITED STATES
Redleaf Management Company, LLC
UNITED STATES
RADIOACTIVE
UNITED STATES
RAFAN HOLDING BV
NETHERLANDS
RB AVTN USA
UNITED STATES
REVA AIR AMBULANCE
UNITED STATES
RH-Flugdienst GmbH & CO. KG
GERMANY
ROSS AVIATION INC
UNITED STATES
R & L AVIATION
UNITED STATES
Saratoga, INC.
UNITED STATES
Sequoia Properties, LLC
UNITED STATES
Silk Way Airlines
AZERBAIJAN
Supervalu Inc.
UNITED STATES
Switchback Argentina, LLC
UNITED STATES
SAAB ACFT OF AMERICA
UNITED STATES
SELVA LTDA.
COLOMBIA
SERVICIOS AER. PROF.
DOMINICAN REPUBLIC
SINGAPORE FLYING C.
SINGAPORE
SKY JET AVTN UGANDA
UGANDA
SKY KING INC
UNITED STATES
SKY RESEARCH INC
UNITED STATES
SKY RIVER MANAGEMENT
UNITED STATES
SK-AIR
SLOVAKIA
SLW INTERNATIONAL
UNITED STATES
SOUTHERN AIR SYSTEMS
UNITED STATES
SPRING AIR
UNITED KINGDOM
STRATEGIC MOVES
UNITED STATES
SUMMER SUN TRADING
SOUTH AFRICA
SUNCOAST AVIATION
UNITED STATES
SUNRISE AIRWAYS
TANZANIA, UNITED REPUBLIC OF
SWIFTJET INC.
CANADA
S GOUV.DU QUEBEC
CANADA
Telescope Capital, LLC
UNITED STATES
Titan International Inc.
UNITED STATES
Town Fair Tires
UNITED STATES
TABY AIR MAINTENANCE
SWEDEN
TANGO-LIMA AVIATION
FRANCE
TARGET CORPORATION
UNITED STATES
TINKLER GROUP AVTN
AUSTRALIA
TK AVIA LLC
UNITED STATES
TOWER AVTN OF READIN
UNITED STATES
TRADEWIND AVTN
UNITED STATES
TRAVEL JETS LLC
UNITED STATES
TRONOS CANADA
CANADA
TUNISAIR EXPRESS
TUNISIA
UKRAINE CARGO AIRWAY
UKRAINE
UNICREDIT GLOBAL
AUSTRIA
UNITED ACFT SERVICES
UNITED STATES
UNIVERSAL AIR SVCS
UNITED KINGDOM
US EPPERSON UNDERWRT
UNITED STATES
Valor Aviation LLC
UNITED STATES
VOLKSWAGEN USA
UNITED STATES
VS MANAGEMENT LLC
UNITED STATES
Western Air Crews
UNITED STATES
Wilson Construction Company
UNITED STATES
Wolrd Heir, Inc
UNITED STATES
WAYLOCK OVERSEAS LTD
RUSSIAN FEDERATION
WAYPOINT AERONAUTIC.
UNITED STATES
WESTERN ASSET MANAGEMENT CO
UNITED STATES
WESTWIND BROTHERS INC
UNITED STATES
WHITE LODGING SERVICES
UNITED STATES
WORLDWIDE ACFT SVCS
UNITED STATES
WORLD MARKET AVTN
UNITED STATES
WORLD WIDE AIRCRAFT
CANADA
W&J Air, LLC
UNITED STATES
ZAIN SD FZE
UNITED ARAB EMIRATES
ZAPOLARYE
RUSSIAN FEDERATION
3C Aviation, LLC.
UNITED STATES
a11742
Operator using TAIL NB: N1459A
Unknown
a11480
Operator using TAIL NB: N1667J
Unknown
a11492
Operator using TAIL NB: N428CC
Unknown
a11516
Operator using TAIL NB: N988T
Unknown
a11524
Operator using TAIL NB: PPPRR
Unknown
a11521
Operator using TAIL NB: P4TCO
Unknown
IRELAND
CRCO Identification no.
Operator Name
State of the Operator
Aero Ways Inc
UNITED STATES
Air Reese, LLC
UNITED STATES
Alaska Eastern Partners
UNITED STATES
Altis
IRELAND
Altivia Flight
SINGAPORE
Amalgamated Consolidated, Inc.
UNITED STATES
Ambassador Marketing International Inc.
UNITED STATES
ACFT FINANCE TRUST
IRELAND
ACFT INTNL RENTING
IRELAND
ACP JETS
UNITED STATES
ADC AVIATION LLC
UNITED STATES
ADP Aviation, LLC
UNITED STATES
AEROLINEAS DAMOJH
MEXICO
AEROMANAGMENT GROUP
UNITED STATES
AEROTECH FMS PVT.LTD
INDIA
AERO TIMBER PARTNERS
UNITED STATES
AERO TOY STORE LLC
UNITED STATES
AER ARANN
IRELAND
AER LINGUS
IRELAND
AIRCRAFT INTL RENT
IRELAND
AIR BLESSING
UNITED STATES
AIR CONTRACTORS
IRELAND
AIR SHAMROCK
UNITED STATES
AIR TAHOMA
UNITED STATES
AIR TREK
UNITED STATES
ALCHEMIST JET AIR LLC
UNITED STATES
ALEDO SUB LLC
UNITED STATES
ALLTECH
UNITED STATES
ALPHA ONE FLIGHT SERVICES
UNITED STATES
AMC 50 LLC
UNITED STATES
APACHE CORP
UNITED STATES
ARGOS CAPITAL MNGT
UNITED STATES
AR INVESTMENTS LLC.
UNITED STATES
ASIA AVTN COMPANY
SINGAPORE
ASTOR STREET ASSET
UNITED STATES
ATLANTIC AV KTEB
UNITED STATES
AVIANOVA (RUSSIA)
RUSSIAN FEDERATION
AVIA PARTNER DENMARK
DENMARK
AVION SALES LLC
UNITED STATES
Bard (C.R. Bard Inc)
UNITED STATES
Benson Football, LLC
UNITED STATES
Bindley Capital Partners
UNITED STATES
Bombardier New Aircraft
UNITED STATES
Boston Scientific Corp
UNITED STATES
BANK OF NOVA SCOTIA
CANADA
BARNARD AVIATION
UNITED STATES
BAXTER HEALTH CARE
UNITED STATES
BAZIS INTL INC.
CANADA
BEACON AVIATION
IRELAND
BEAUTY CENTRAL LLC
UNITED STATES
BECKER GROUP
UNITED STATES
BEDEK AVIATION
ISRAEL
BEL AIR LLC
UNITED STATES
BIG PLAY FLIGHT SVCS
UNITED STATES
BK HAWK LLC
UNITED STATES
BLS DEVELOPMENT
CANADA
BLUE CITY HOLDINGS
UNITED STATES
BORG HOLDINGS LLC
UNITED STATES
BOULDER US
UNITED STATES
BUSINESS A.CENTRE CO
THAILAND
B&G LEASING
UNITED STATES
Center for Disease Detection LLC
UNITED STATES
Codale Electric Supply Inc.
UNITED STATES
Constellation Productions
UNITED STATES
Corporate Flight Services, LLC
UNITED STATES
Covidien
UNITED STATES
Cozzens and Cudahy Air
UNITED STATES
CARLISLE HOLDINGS LLC
UNITED STATES
CCA AIR CHARTER
UNITED STATES
CENTURION AVTN SRVCS
UNITED STATES
CESSNA FINANCE CORP
UNITED KINGDOM
CESSNA FINANCE CORP
UNITED KINGDOM
CINTAS
UNITED STATES
CITYJET
IRELAND
CMC GROUP INC
UNITED STATES
COOK AIRCRAFT LEASNG
UNITED STATES
CORPORATE JETS PA
UNITED STATES
CROSS AVTN
UNITED KINGDOM
CUNA MUTUAL INSURANCE SOCIETY
UNITED STATES
CVS PHARMACY INC
UNITED STATES
C C Media Holdings Inc
UNITED STATES
C. Dot Aviation, LLC
UNITED STATES
David A. Duffield/ Pegasus VI, LLC.
UNITED STATES
DARBY HOLDINGS
Unknown
DELAWARE GLOBAL OPERATION LLC
UNITED STATES
DELTA JET USA
UNITED STATES
DENISTON ENTERPRISES
UNITED STATES
DMB Aviation
UNITED STATES
DOMINOS PIZZA (2)
UNITED STATES
DOW CORNING
UNITED STATES
DSS214 LLC
UNITED STATES
DYNAMIC AVIATION SERVICES INC
UNITED STATES
Energy Corporation of America
UNITED STATES
Executive Flight Solutions, LLC
UNITED STATES
EAC AIR LLC
UNITED STATES
EATON
UNITED STATES
ELI LILLY
UNITED STATES
EMC IRELAND
IRELAND
EMERCOM RUSSIA
RUSSIAN FEDERATION
ENCORE 684 LLC
UNITED STATES
ENCORE/SB AVIATION LLC
UNITED STATES
EUROPEAN AIRCRAFT CHARTER INC
UNITED STATES
Flightstar Corporation
UNITED STATES
Futura Travels Limited
INDIA
FAGEN INC
UNITED STATES
FAIRMONT AVIATION SE
CANADA
FASTNET JET ALLIANCE
IRELAND
FAST LINK EGYPT
EGYPT
FEDERAL MOGUL
UNITED STATES
FERRO CORP
UNITED STATES
FIRST VIRTUAL AIR
UNITED STATES
FLYING SQUIRREL
UNITED STATES
FREEBIRD MNGMT LTD.
IRELAND
FRIEDKIN INTL
UNITED STATES
GameStop, Inc
UNITED STATES
General Dynamics Land Systems
UNITED STATES
Gilead Sciences
UNITED STATES
Goodman Real Estate, Inc.
GERMANY
Graham Brothers Construction Co., Inc
UNITED STATES
Group Holdings
UNITED STATES
Guthy Renker Aviation
UNITED STATES
GATX CORPORATION
UNITED STATES
GAUGHAN FLYING LLC
UNITED STATES
GC INTERNATIONAL LLC
UNITED STATES
GENERAL MILLS SALES
UNITED STATES
GEORGE GUND 3
UNITED STATES
GE CAPITAL-GECAS EI
IRELAND
GIV EXEC JET LLC
UNITED STATES
GLOBAL AIR CREW A/S
DENMARK
GLOBAL JETCARE
UNITED STATES
GLOBAL WINGS LTD
SWITZERLAND
GOODYEAR
UNITED STATES
GPAir Limited
CANADA
GREENBRIER CAPITAL LLC
UNITED STATES
GREENHILL AVTN
UNITED STATES
GREEN CHAIR PRODUCTIONS INC
UNITED STATES
GULF PACIFIC AVTN SV
UNITED STATES
High Point Airline Limited
VIRGIN ISLANDS (UK)
Hormel Foods Corporation
UNITED STATES
HARLEY-DAVIDSON
UNITED STATES
HEAVYLIFT INT.
UNITED ARAB EMIRATES
HELIOS AVIATION
UNITED STATES
HIGHFIELDS CAP MGMT
UNITED STATES
HOWARD HOLDINGS PLC
IRELAND
HUMANA
UNITED STATES
IAMAW
UNITED STATES
IFFTG
UNITED STATES
ILFC IRELAND LTD
IRELAND
IRVING AIR SERVICE
CANADA
James S Offield
UNITED STATES
Jet Direct Aviation (filed for bankruptcy on 25/02/2009)
UNITED STATES
John M. Connors, Jr.
UNITED STATES
Jones International Aviation LLC
UNITED STATES
JARDEN CORP
UNITED STATES
JEPPESEN UK LTD
UNITED KINGDOM
JEP LEASING
UNITED STATES
JET CLIPPER JOHNNY
UNITED STATES
JET LOGISTICS INC
UNITED STATES
JET SHARES ONLY
UNITED STATES
JET SMART INC
UNITED STATES
JET-A-WAY CHARTERS
UNITED STATES
JKB JET HOLDINGS LLC
UNITED STATES
JOHNSON & JOHNSON
UNITED STATES
Kenair, Inc.
UNITED STATES
Kendall Jackson Wine Estates
UNITED STATES
Konfara Company
UNITED STATES
KEB Aircraft Sales, Inc.
UNITED STATES
KELLOGG
UNITED STATES
KKN TRANSPORTATION LEASING LLC
UNITED STATES
Leco Corporation
UNITED STATES
Letica Leasing LLC
UNITED STATES
Lower Cross Aircraft Corp.
UNITED STATES
LCG ENTERPRISES
UNITED STATES
LEONARD GREEN & PART
UNITED STATES
LISBON LIMITED
BERMUDA
LONDON CITY JET
UNITED KINGDOM
LUNA ENTERTAINMENT
UNITED STATES
Mannco LLC
UNITED STATES
Midland Financial Co.
UNITED STATES
Motorola Solutions, Inc.
UNITED STATES
Mozart Investments, Inc.
UNITED STATES
MACQUARIE ACFT LEASG
IRELAND
MAGELLAN A/C SVCS
IRELAND
MAJJEC JHETT
UNITED STATES
MANDAN
UNITED STATES
MANHAG AG
SWITZERLAND
MERCURY ENGINEERING
IRELAND
MHS TRAVEL & CHTR
UNITED STATES
MIDES SEM DE CV
EL SALVADOR
MIL IRELAND
IRELAND
MMB Management Advisory Services
UNITED STATES
MMRB SERVICES
UNITED STATES
MODESTO EXEC AIR CHR
UNITED STATES
MONAVIE AIRCRAFT LEASING LLC
UNITED STATES
MPW INDUSTRIAL SVCS
UNITED STATES
MVA AVIATION LTD.
UNITED KINGDOM
M&M AVIATION GROUP
UNITED STATES
Noble Energy, Inc.
UNITED STATES
Noel Group Aviation
UNITED STATES
Nustar Logistics
UNITED STATES
NCR Corporation
UNITED STATES
NESTLE PURINA PETCAR
UNITED STATES
NEXT FLIGHT JETS
UNITED STATES
NINETY EIGHT AVTN
UNITED STATES
NONSTOP AVIATION
UNITED STATES
NORTH AMERICAN AIRL
UNITED STATES
NORTH AMERICAN FLIGHT SERVICES
UNITED STATES
NORTH STAR AVTN
UNITED STATES
NOVAJET (2)
CANADA
N48KZ LLC
UNITED STATES
N583KD LLC
UNITED STATES
N728LW LLC
UNITED STATES
Orange Crimson Aviation, LLC
UNITED STATES
OFFICE DEPOT
UNITED STATES
OKAY AIRWAYS
CHINA
OMEGA AIR (USA)
UNITED STATES
ORBIS INTL
UNITED STATES
OSLO EXPRESS
UNITED STATES
OWENS ILLINOIS
UNITED STATES
PepsiCo, Inc.
UNITED STATES
Premier Executive Jets Ltd
IRELAND
PrivateSky Aviation LLC
UNITED STATES
Project ORBIS International, Inc.
FRANCE
PACIFIC SKY
CANADA
PALMER A
UNITED STATES
PEGASUS AVIATION CA
UNITED STATES
PHILLIPS EDISON & CO
UNITED STATES
PIONEER ADVENTURES
NEW ZEALAND
PITCH LINK LLC
UNITED STATES
PNC Financial Services Group
UNITED STATES
POLAR BEAR EXPRESS II LLC
UNITED STATES
PRIME AVIATION JSC
KAZAKHSTAN
PROFESSIONAL CARE
UNITED STATES
P & E PROPERTIES
UNITED STATES
QUEST AVTN
UNITED STATES
RBGT LLC
UNITED STATES
REAUD MORGAN QUINN
UNITED STATES
RED BARN FARMS
UNITED STATES
REGENT AIRWAYS (VG)
BANGLADESH
RITE HITE HOLDING
UNITED STATES
RKK Management, Inc.
UNITED STATES
ROBINSON LEASING INC
UNITED STATES
ROLLINS INC.
UNITED STATES
RORO 212
UNITED STATES
ROTOR TRADE (ARC)
UNITED STATES
ROWAN COMPANIES PLC
UNITED STATES
RUSAVIATION
UNITED ARAB EMIRATES
RUUD LIGHTING INC
UNITED STATES
RYANAIR
IRELAND
Saltchuk resources inc.
UNITED STATES
Select Management Resources, LLC
UNITED STATES
Seminole Tribe of Florida
UNITED STATES
Signature Group LLC
UNITED STATES
Standridge Color Corporation
UNITED STATES
Sunoco Inc.
UNITED STATES
SAFEWAY
UNITED STATES
SDL MANAGEMENT COMPANY LLC
UNITED STATES
SD VERMOGENSVERWALT
GERMANY
SEAGULL AIRCRAFT CORP
UNITED STATES
SHP AIR LEASING
UNITED STATES
SIERRA PACIFIC IND
UNITED STATES
SIM SAS
FRANCE
SITRICK AND CO
UNITED STATES
SOUTHERN JET MGMT
UNITED STATES
SPG Frank Group (SPG Management, LLC and Frank Group, LLC)
UNITED STATES
SPICEJET LTD
INDIA
SQUADRON LEASING
IRELAND
STARSHIP ENTERPRISE
UNITED STATES
Tashi Corporation
UNITED STATES
The Sherwin-Williams Company
UNITED STATES
TALLWOOD MANAGEMNT
UNITED STATES
TEXAS INSTRUMENTS
UNITED STATES
THIRD SECURITY LLC
UNITED STATES
TLS Aviation LLC
UNITED STATES
TONY DOWNS FOODS
UNITED STATES
TRANSIT AIR SRVC
UNITED STATES
TRANS WEST AIR SRVCS
UNITED STATES
TRICYCLE AVIATION
UNITED STATES
T2 Aviation Mgmt.
UNITED STATES
University Corporation for Atmospheric Research (UCAR)
UNITED STATES
UNICORP AVIATION LLC
UNITED STATES
UNITED STATES STEEL
UNITED STATES
VALLEJO INVESTMENTS
UNITED STATES
VALLEY JET LLC
UNITED STATES
VEN AIR
IRELAND
VIA FELIZ II
UNITED STATES
VICTORY AVTN FLORIDA
UNITED STATES
VILLAGE EQUIPMENT
UNITED STATES
VTB LEASING (EUROPE)
RUSSIAN FEDERATION
Warner Chilcott (US), LLC
UNITED STATES
Washington Penn Plastic Company
UNITED STATES
Wells Fargo Bank Northwest, c/o Morgan & Morgan
UNITED STATES
Werner Enterprises Inc.
UNITED STATES
Whitesell Corporation
UNITED STATES
Wilmington Trust
UNITED STATES
WELDBEND
UNITED STATES
WELLS FARGO BANK NW
UNITED STATES
WESTON LTD
IRELAND
WILDGOOSE LLC
UNITED STATES
WINGEDFOOT AVTN
UNITED STATES
WINGS AVIATION (DE)
UNITED STATES
WINGS OF LEBANON
LEBANON
WING FINANCIAL LLC
UNITED STATES
WRENAIR
IRELAND
XJET USA
UNITED STATES
ZAROX HOLDINGS LTD
GIBRALTAR
Z1 HOLDINGS
UNITED STATES
Blue Nightingale Trading
SOUTH AFRICA
142955 ONTARIO LTD
CANADA
818 AVIATION INC
UNITED STATES
921BE LLC
UNITED STATES
a11477
Operator using TAIL NB: HP1A
Unknown
a11491
Operator using TAIL NB: N415MX
Unknown
a12818
Operator using TAIL NB: N786JB
Unknown
a12861
Operator using TAIL NB: N920JS
Unknown
a12917
Operator using TAIL NB: XABEG
MEXICO
ITALY
CRCO Identification no.
Operator Name
State of the Operator
Aero Taxis Metropolitanos
Unknown
AirBar LLC
UNITED STATES
Air Mercury, Ltd.
BERMUDA
Alcoa, Inc.
UNITED STATES
Alenia Aermacchi S.p.A.
ITALY
ABBERTON LTD
UNITED ARAB EMIRATES
ABU DHABI AVIATION
UNITED ARAB EMIRATES
AEROMANAGEMENT EUROP
ITALY
AERONORD-GROUP
MOLDOVA, REPUBLIC OF
AEROPORTUL MARCULEST
MOLDOVA, REPUBLIC OF
AEROTRANSPORTES PRIV
MEXICO
AEROYACHT INVESTMENT
ITALY
AETHRA SISTEMAS
BRAZIL
AGUSTA WESTLAND SPA
ITALY
AIC CANADA
CANADA
AIRCRAFT PROPERTIES
UNITED STATES
AIRCRAFT SYSTEM
SOUTH AFRICA
AIRSTARS AIRWAY
RUSSIAN FEDERATION
AIR DOLOMITI
ITALY
AIR FOUR S.P.A.
ITALY
AIR ITALY
ITALY
AIR MANDALY 2
UNDEFINED
AIR NTL AUSTRALIA
AUSTRALIA
AIR PRESTIGIO
UNITED STATES
AIR SPEA S.R.L.
ITALY
AIR TEAM EXCUTIVE
ITALY
AIR UGANDA
UGANDA
AIR VALLEE
ITALY
AIR VOLTA EOOD
BULGARIA
AIR WING S.P.A.
ITALY
ALBATROS ACFT CORP
CANADA
ALBATROS AIRWAYS
ALBANIA
ALBERTO CULVER
UNITED STATES
ALITALIA C.A.I. SPA
ITALY
ALLIBO AIR CARGO
LIBYA
AMRASH
UNITED STATES
ARTEM VASILYEV
RUSSIAN FEDERATION
ASTRA HOLDINGS INC.
VENEZUELA
AVIATION CAPITAL SOL
UNITED KINGDOM
AXSOA S.P.A.
ITALY
Biotab Nutraceuticals
UNITED STATES
Black Diamond Aviation
UNITED STATES
BALMORAL AIR PTY
AUSTRALIA
BASHKORTOSTAN AIR
RUSSIAN FEDERATION
BB FLY S.R.L.
ITALY
BELAVIA AIRLINES
BELARUS
BELLE AIR
ALBANIA
BERJAYA AIR SDN (2)
MALAYSIA
BLUEBAIR JET
SWITZERLAND
BLUE JET
UNITED STATES
BLUE MERCURY S.R.L.
ITALY
BLUE PANORAMA LI
ITALY
BLUE PANORAMA (2) LI
ITALY
BLUE STAR MANAGEMENT SERVICES CORP
UNITED STATES
BOEING WICHITA IDS
UNITED STATES
BOMBARDIER LEARJET
UNITED STATES
BORDER GUARD EP
POLAND
BRAATHENS TRAINING
SWEDEN
BRAZIL TRADING LTDA
BRAZIL
BRENZIL PTY
AUSTRALIA
BUDDHA AIR
NEPAL
BUSINESS AIR PARTS
UNITED STATES
Cameron industries consult Inc.
VIRGIN ISLANDS (UK)
Cartera de Inversiones Venezola C.A.
UNITED STATES
Consolidated Investment Group
UNITED STATES
CABLEAIR
UNITED STATES
CAI
ITALY
CANDYBAR AVIATION LLC
UNITED STATES
CAREMARK AVIATION
UNITED STATES
CARGOLUX ITALIA
ITALY
CARISLE BAY
SWITZERLAND
CARNIVAL CORP
UNITED STATES
CAROPAN COMPANY SA
VIRGIN ISLANDS, BRITISH
CATEX USA
UNITED STATES
CERAMICA CLEOPATRA
EGYPT
CHEMIPLASTICA
UNITED KINGDOM
CNH America LLC
UNITED STATES
CN AVIATION
UNITED STATES
CORPO FORRESTALE
ITALY
COTEMINAS
BRAZIL
C FLY S.R.L.
ITALY
C. Cary Patterson
UNITED STATES
Dillard's Inc.
UNITED STATES
DAKO AIRLINES SA
LUXEMBOURG
DELIA A/S
DENMARK
DELMAR SYSTEMS INC.
UNITED STATES
DELTON GROUP INC.
RUSSIAN FEDERATION
DI AIR
MONTENEGRO
DOLE FOODS
UNITED STATES
DOLPHIN AIR EXPRESS
ITALY
DOMUS
ITALY
DOUBLE V RESOURCES LLC
UNITED STATES
DRAX GROUP
UNITED STATES
DS AVIATION
ISRAEL
DUDMASTON LTD
SWITZERLAND
Elk Mountain Consulting LLC
UNITED STATES
Encanto Investment Inc
UNITED STATES
ELITICINO SA
SWITZERLAND
ELIWORK SRL
ITALY
ENAV ITALIA
ITALY
ENGAGE AVIATION LLC
UNITED STATES
EP AVIATION LLC
UNITED STATES
ETHIOPIAN AIRLINES
ETHIOPIA
EUROFLY SERVICE
ITALY
EUROJET HOLDINGS LTD
BERMUDA
EUTELIA S.P.A.
ITALY
EXECUJET CHARTER SVC
UNITED STATES
E AND A AVIATION
UNITED KINGDOM
E C MENZIES AVIATION
UNITED STATES
E+A AVIATION
SWITZERLAND
Fort Calumet Company
UNITED STATES
Full Hill Limited Hong Kong
HONG KONG SAR
Full Wing Holdings Limited
VIRGIN ISLANDS, BRITISH
FERTITTA ENTERTAINMENT LLC
UNITED STATES
FIBA AIR HAVA
TURKEY
FININVEST
ITALY
FLIGHTPARTNER
UNITED KINGDOM
FLIGH TEST ASSOCIATE
UNITED STATES
FLYNOR JET
ITALY
FLY540 KENYA
KENYA
FMP AVIATION LLC
UNITED STATES
FORTE AVIATION PARTS
UNITED STATES
FRI-EL GREEN POWER
ITALY
Golden Gaming
UNITED STATES
GALAXY AIRWAYS INC.
CANADA
GAMAY ENTERPRISES LT
BRAZIL
GEDEAM TOURISM S.A.
LUXEMBOURG
GEFA LEASING GMBH
GERMANY
GENERAL WORK GUINEA
EQUATORIAL GUINEA
GEO LOGISTICA
ITALY
GIANAIR LTD
GHANA
GLENN EAGLES RESEARC
UNITED KINGDOM
GLOBAL MANAGEMENT CONSULTING LTD
UNITED STATES
GLOBUS LLC
RUSSIAN FEDERATION
GMG AIRLINES LTD
BANGLADESH
GMR INDUSTRY LTD
INDIA
GOLDEN AIR SRL
ITALY
GO2SKY
SLOVAKIA
GP Aviation
UNITED STATES
GRASKOP AVIATION LLC
BRAZIL
GR1040 INC
UNITED STATES
GULF AVIATION
UNITED ARAB EMIRATES
GUTMEN INC.
BRAZIL
G350 LEASING LLC
UNITED STATES
Hawker Aviation LLC
UNITED STATES
Hermes Capital Limited Bermuda
BERMUDA
HANSUNG AIRLINES
KOREA, REPUBLIC OF
HAWKER 700LTD
UNITED KINGDOM
HEB Grocery Company, LP
UNITED STATES
HGA, LLC
UNITED STATES
HIGH TECH AIRCRAFT 2
UNITED STATES
HUBBARD ENTERPRISES
UNITED STATES
Indika Mitra Investments Pte Ltd
UNITED STATES
Inversiones Far West Inc.
UNITED STATES
IBEX AIR CHARTER
LEBANON
INAER AVIATION ITALIA S.p.A.
ITALY
INDONESIA AIR TRA(2)
INDONESIA
INTERFLY SRL
ITALY
INTL AVIATION LLC
UNITED STATES
ITALEASE
ITALY
JBS S/A
BRAZIL
JB AVIATION II LLC
UNITED STATES
JETALLIANCE EAST JSC
RUSSIAN FEDERATION
JETCOM S.R.L.
ITALY
JETDIRECT AVTN INC
UNITED STATES
JETEX FLIGHT SUPPORT
LIBYA
JETLINK EXPRESS
KENYA
JETPLANET S.R.L.
ITALY
JET AVIATION (VA)
UNITED STATES
JET AVIVA LLC
UNITED STATES
JET PLANE CORP
DENMARK
JET SUPPORT GROUP
CAYMAN ISLANDS
JK AVIATION LLC
UNITED STATES
JODA LLC
UNITED STATES
JSC NORDAVIA-RA
RUSSIAN FEDERATION
JSM at FALCON, LLC
UNITED STATES
KARNAVATI AVIATION
INDIA
KAUPÉ AVIATION LTD
SWITZERLAND
KND AIRCRAFT LEASING
UNITED KINGDOM
K & M AVIATION
UNITED STATES
LatAm LLC
UNITED STATES
Leonard Green and Partners, L.P.
UNITED STATES
Lucky Fives LLC
UNITED STATES
LAUTHER-PHILLIPS
UNITED STATES
LB CONVEY JET LTD
CYPRUS
LEADING EDGE
UNITED STATES
LEILA JET LTD.
UNITED ARAB EMIRATES
LEMOINE INVESTMENTS
UNITED STATES
LENNAR
UNITED STATES
LIBYAN AIR AMBULANCE
LIBYA
LIFEJET LTD.
MALTA
LINDSTROEM ENAR
SWEDEN
LINUS AIRWAYS
INDONESIA
LUKOIL AVIA
RUSSIAN FEDERATION
LVOV AIRLINES
UKRAINE
L & L LEASING IV LLC
UNITED STATES
Marnell Corrao Associates
UNITED STATES
MAE AIRCRAFT MGMT.
BAHRAIN
MAGELLAN AVIATION
IRELAND
MANAGEMENT SERVICES
UNITED STATES
MARCPLAN CHARTER
AUSTRALIA
MASS MUTUAL LIFE
UNITED STATES
MATONE PROMOTORA
BRAZIL
MAZAG
CAYMAN ISLANDS
MELO PARTICIPACOES
BRAZIL
MERIDIANA FLY
ITALY
MERIDIAN AIRCOMPANY
UKRAINE
MILLENNIUM LABS
UNITED STATES
MIL ITALY
ITALY
MINISTERO INTERNO
ITALY
MISTER JET
GERMANY
MISTRAL AIR ROMA
ITALY
MSC AVIATION
SWITZERLAND
MSS Falcon 900LLC
UNITED STATES
M-NICE LIMITED
SWITZERLAND
Net Medical, C.A.
UNITED STATES
New World Aviation, Inc.
UNITED STATES
Northwestern Mutual Life Ins. Co.
UNITED STATES
NAND AVIATION
SAUDI ARABIA
NASJET
SAUDI ARABIA
NAVELLIER & ASSOCS
UNITED STATES
NEOS
ITALY
NESMA AIRLINES
EGYPT
NETJETS SALES INC
UNITED STATES
NEWCO MANAGEMENT GRP
UNITED STATES
NEW LIVINGSTON SPA
ITALY
NEXT CENTURY AVTN
UNITED STATES
NIKAIR SRL
ITALY
NOEVIR AVIATION
UNITED STATES
N90BJ
UNITED STATES
OAK MANAGEMENT
UNITED STATES
ODYSSEY ADVENTURES
UNITED STATES
OPI SERVIZI S.R.L.
ITALY
OZARK MANAGEMENT (2)
UNITED STATES
Penobscot Properties, LLC
UNITED STATES
Pinehurst Meadows LLC
UNITED STATES
PABLO AIR LINE SRL
ITALY
PACIFIC INFORMATION
ARUBA
PAFO
UNITED STATES
PELICAN DEVELOPMENT
UNITED STATES
PENN NATIONAL GAMING
UNITED STATES
PETRA AIRLINES
JORDAN
PETROFF AIR
RUSSIAN FEDERATION
PFP ASSOCIATES LLC
UNITED STATES
PHOENIX AVTN MNGMENT
EGYPT
PITTCO
UNITED STATES
PLATINUM EQUITY LLC
UNITED STATES
PL LOGISTICS CORP
SOUTH AFRICA
PRADA S.P.A.
ITALY
PRECISION AIR SVCS
TANZANIA, UNITED REPUBLIC OF
PRECISION AIR SVCS.
TANZANIA, UNITED REPUBLIC OF
PROJET GMBH
GERMANY
PROVINCIA AUTONOMA
ITALY
Raptor Group Holdings LP
UNITED STATES
Rochester Aviation, Inc.
UNITED STATES
RAMSEY ASSET MANAGEMENT LLC
UNITED STATES
RDF INVESTISSEMENT
LUXEMBOURG
REALI TAXI AEREO
BRAZIL
REMOREX PTY LTD AUS
AUSTRALIA
RENAIR 315 LLC
UNITED STATES
RHEA VENDORS
ITALY
ROONEY HOLDINGS INC
UNITED STATES
ROYAL FALCON
JORDAN
RSI HOLDING LLC
UNITED STATES
RWANDAIR (HR)
RWANDA
R.O.P. Aviation, Inc.
UNITED STATES
Sentry Insurance a Mutual Company DBA Sentry Aviation Services LLC
UNITED STATES
Servicios Aereos Sudamericanos S.A.
ARGENTINA
Sky Wings LTD
GERMANY
Springway
RUSSIAN FEDERATION
Star Aircraft Leasing S.A.
UNITED STATES
State Farm Mutual Automobile Insurance Co.
UNITED STATES
Stryker Corp
UNITED STATES
Sunstate Aviation and Leasing, LLC
UNITED STATES
SAFEGUARD ENTERPRISES LLC
UNITED STATES
SARDINIAN SKY SERVIC
ITALY
SASO AIR LLC
BRAZIL
SAUDI INTERNATIONAL
SAUDI ARABIA
SCS SERVICES
UNITED STATES
SEQUOIA MILLENNIUM
UNITED STATES
SERVICE CORP INTL
UNITED STATES
SERVIS AIR HAVA
TURKEY
SERVIZI TRASPORTI
ITALY
SEVASTOPOL AVIA
UKRAINE
SILVER BIRD INT.
GERMANY
SIRIO
ITALY
SKYKAR AVIATION
UNITED STATES
SKYSERVICE AIRLINES
CANADA
SKY BEYOND
SINGAPORE
SKY LINE SRL
ITALY
SMALL PLANET (LI)
ITALY
SOPHIA AIRLINES
CÔTE D'IVOIRE
SORENA EXPORT LTD.
UKRAINE
SOUTHERN AIR SYSTEM
UNITED STATES
SOUTH AFRICAN EXP.
SOUTH AFRICA
SPAN AIR PVT LTD
INDIA
SPRINGLINE
RUSSIAN FEDERATION
STAR UP S.A.
PERU
STEPHENSON AIR SVCS
UNITED STATES
SUNSET AVIATION LLC
UNITED STATES
SUPERJET INTERNTL
ITALY
SYDNEY JET CHARTER
AUSTRALIA
SYMAX LLC
UNITED STATES
S.K.M.
BERMUDA
Time Warner Cable Enterprises LLC.
UNITED STATES
Titlemax Aviation, Inc.
UNITED STATES
Trinity Broadcasting of FL., Inc.
UNITED STATES
TAVISTOCK AVTN
UNITED STATES
TESSITURA ROBECCHETT
ITALY
THE WHITEWIND CO
UNITED STATES
TRIP LINHAS AEREAS 2
BRAZIL
TRI MARINE LOGISTICS
UNITED STATES
TRT EQUITY ADVISORS LLC
UNITED STATES
ULTRA AIR LLC
UNITED STATES
UNITED AIRGROUP COR.
VIRGIN ISLANDS, BRITISH
UNITED AVIATION (HL)
LIBYA
UNITED HEALTHCARE SERVICES INC
UNITED STATES
UPMC
UNITED STATES
VELING LTD
MAURITIUS
VERDE CAPITAL CORP
UNITED STATES
VIZAVI-AVIA LTD
RUSSIAN FEDERATION
VK AVIATION USA
UNITED STATES
VOLIAMO
SWITZERLAND
V1 Aviation Inc.
UNITED STATES
Westbury Group Ltd.
BERMUDA
Westwind Aquisition
UNITED STATES
WALKER AIR
AUSTRALIA
WELLARD AVIATION
AUSTRALIA
WELLS FARGO DELAWARE TRUST CO NA TRUSTEE
UNITED STATES
WESTAIR WINGS
NAMIBIA
WESTERN STONE &METAL
UNITED STATES
WHIRLPOOL
UNITED STATES
WHITE TAIL AVTN AVV
UNITED STATES
WIDEWORLD SRVCS
ARGENTINA
WINDROSE AVIATION
UKRAINE
WIN AIR JET
TAIWAN
Xcoal Energy & Resources
UNITED STATES
XLA AVIATION
SWITZERLAND
YAKUTIA AIRCOMPANY J
RUSSIAN FEDERATION
251 Finance Inc
UNITED STATES
43 AIR SCHOOL
SOUTH AFRICA
546 PARTICIPACOES
BRAZIL
a12896
Operator using TAIL NB: PRFNP
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a11754
Operator using TAIL NB: GELOA
Unknown
a11498
Operator using TAIL NB: N577DA
Unknown
a12869
Operator using TAIL NB: N966BW
UNITED STATES
CYPRUS
CRCO Identification no.
Operator Name
State of the Operator
AGREVIA HOLDINGS
GREECE
AG AIR
GEORGIA
AIM AVIATION
ISRAEL
AIRLINE ALLIED SVCS
INDIA
AIR EXECUTIVE
CYPRUS
AIR ONE CORP
SWITZERLAND
ALLIANCE AIR
INDIA
ARK AIRWAYS
ARMENIA
ARROW AVIATION LTD
ISRAEL
AVIATION SVCS GUAM
UNITED STATES
AVIATORS INDIA
INDIA
AYEET AVIATION
ISRAEL
AZUR AVIATION
FRANCE
A&S WORLD AIRCRAFT
UNITED STATES
BRITISH GULF INTNL
UNITED ARAB EMIRATES
BUSINESS-AERO OOO
RUSSIAN FEDERATION
CENTAURI RP AVIATION
UNITED STATES
CENTRAFRIQUE AIR EXP
CENTRAL AFRICAN REPUBLIC
CHIM NIR AVIATION
ISRAEL
COMAIR (KULULA)
SOUTH AFRICA
CSM AVIATION
CYPRUS
CYPRUS AIRWAYS
CYPRUS
DOIYATEC COMMS LTD
NIGERIA
EDT SHIPMANAGEMENT
CYPRUS
EUROCYPRIA
CYPRUS
FALCON EXPRESS CARGO
UNITED ARAB EMIRATES
FALLBROOK PTY LTD
AUSTRALIA
FIRST KUWAITI
KUWAIT
FLAIR AVIATION GMBH
GERMANY
FLY ME
MALDIVES
FUNAIR
UNITED STATES
Glenn Eagles Research LLP
UNITED KINGDOM
GLOBAL JET DUBAI
UNITED ARAB EMIRATES
GLOBAL PROJECTS
INDIA
GLOBE AERO (3)
UNITED STATES
GLOBE JET
LEBANON
GOAIRLINES INDIA
INDIA
GULF JET (DUBAI)
UNITED ARAB EMIRATES
HAMRA AIR
UNITED ARAB EMIRATES
HELMSBRISCOE
UNITED STATES
HINDUSTAN CONSTRUCT.
INDIA
INTEGRATED AVIATION
JORDAN
INTERLINK AIRLINES
SOUTH AFRICA
JENSON & NICHOLSON
SINGAPORE
JOANNOU PARASKEVAIDE
UNITED KINGDOM
JSW STEEL LTD
INDIA
KINGFISHER AIRLINES
INDIA
MALINDO AIRWAYS
MALAYSIA
MARSLAND AVIATION
SUDAN
MAXIMA EXPRESS LTD
AUSTRIA
MEGA
KAZAKHSTAN
MIL DENMARK
DENMARK
MIL NETHERLANDS
NETHERLANDS
NAL ASSET Management Ltd
UNITED KINGDOM
NATIONAL ACFT LEASIN
UNITED STATES
NEW MACAU LANDMARK
MACAO SAR
Orion-X" Ltd.
RUSSIAN FEDERATION
ORIENT THAI AIRLINES
THAILAND
PANKH
RUSSIAN FEDERATION
PARAMOUNT AIRWAYS VI
INDIA
PINNACLE AIR PVT LTD
INDIA
Reliance Transport & Travels Pvt Ltd
INDIA
Rockcreek Aviation
UNITED STATES
Shotgun Ranch
UNITED STATES
SAIB LLC
UNITED STATES
SAKAVIA SERVICE
GEORGIA
SCANDI HIST FLIGHT
NORWAY
SKY GATE
JORDAN
TAHMID AIR
KAZAKHSTAN
UB AIR PVT LTD
UNITED STATES
UKRAINIAN HELICOPTER
UKRAINE
UTAIR-HELICOPTERS
RUSSIAN FEDERATION
VERTICAL-T COMPANY
RUSSIAN FEDERATION
LATVIA
CRCO Identification no.
Operator Name
State of the Operator
AEROKLUB AIST
RUSSIAN FEDERATION
AERO TRANSPORTE SA
PERU
AIRCOMPANY GRODNO
BELARUS
AIR BALTIC COORPORATION
LATVIA
FERAFORT INVESTMENT
UNITED ARAB EMIRATES
HENNY, J
BELGIUM
INVERSIA CARGO
LATVIA
MARIMAX JETS LTD.
RUSSIAN FEDERATION
RUSAIR JOINT STOCK
RUSSIAN FEDERATION
SKY GUINEE AIRLINES
TAJIKISTAN
SMARTLYNX AIRLINES
LATVIA
TARCO AIR
SUDAN
TONLESAP AIRLINES
CAMBODIA
TRI STAR AVTN CO
UNITED STATES
WINGS4US
AUSTRIA
LITHUANIA
CRCO Identification no.
Operator Name
State of the Operator
AEROCENTRUM SPOL
CZECH REPUBLIC
AEROJET BALTIC
LITHUANIA
ASSOCIATION B-JET LT
LITHUANIA
AVIA AM B01 UAB
LITHUANIA
AVIA AM B07 UAB
LITHUANIA
AVION EXPRESS
LITHUANIA
EUROPOS VARTAI, VSI
LITHUANIA
JENDELA
GERMANY
MERIDIAN AIRWAYS
NIGERIA
MIL LITHUANIA
LITHUANIA
QANOT-SHARQ
UZBEKISTAN
SAKHALINSKIE (SAT)
RUSSIAN FEDERATION
SAMAL AIR
KAZAKHSTAN
SCAT
KAZAKHSTAN
SMALL PLANET (EY)
LITHUANIA
STAR UP
PERU
TRITON AVTN SERVICES
UNITED STATES
LUXEMBOURG
CRCO Identification no.
Operator Name
State of the Operator
AERO NORTH INTL LTD
CHINA
AERO-CHARTER UKRAINE
UKRAINE
BULLFINCH LTD
BERMUDA
CARGOLUX
LUXEMBOURG
EBAY INC
UNITED STATES
EMERALD AVTN USA
UNITED STATES
FLEET UNLIMITED
UNITED STATES
GLOBAL JET LUXEMBOUR
LUXEMBOURG
HUSKY
CANADA
LOUE AIR S.A.
LUXEMBOURG
LUXAIR
LUXEMBOURG
LUXAVIATION
LUXEMBOURG
RANGE FLYERS
UNITED STATES
STRATEGIC AIR SA
LUXEMBOURG
TRADEWINDS AIRLINES
UNITED STATES
UNI-TOP AIRLINES
CHINA
WEST AIR LUXEMBOURG
LUXEMBOURG
YANGTZE RIVER EXP
CHINA
HUNGARY
CRCO Identification no.
Operator Name
State of the Operator
Avia Crew Leasing
UNITED STATES
ABC AIR HUNGARY
HUNGARY
AEROLIMOUSINE RUSSIA
RUSSIAN FEDERATION
AIRQUARIUS CONTRACTS
SOUTH AFRICA
AIR BISHKEK
TAJIKISTAN
AIR DOKTOR KFT.
HUNGARY
AIR HIGHNESSES LTD.
ARMENIA
AIR TRANSPORT SERV
HUNGARY
ALAFCO AVIATION
KUWAIT
ALBION HOLDINGS LTD
UNITED KINGDOM
BALTYKA LTD.
UKRAINE
BLACKBURN INTL.HU
HUNGARY
CITYLINE HUNGARY KFT
HUNGARY
EASTERN EXPRESS
KAZAKHSTAN
FARNAIR AIR HUNGARY
HUNGARY
Jabil Circuit, Inc.
UNITED STATES
JETEX FLT SUP. DUBAI
UNITED ARAB EMIRATES
KRUNK AVIATION
UKRAINE
MALEV
HUNGARY
PLAZA CENTERS LTD.
HUNGARY
ROLLINS AIR
HONDURAS
SKY AVIATION (IND)
INDONESIA
SKY JET EUROPE
HUNGARY
TAM AIR JSC
GEORGIA
TOTAL AERO SVCS LTD
UNITED KINGDOM
TRAVEL SERVICE KFT.
HUNGARY
UKRSPETSEXPORT
UKRAINE
VALKYRIE LEASING LLC
UNITED STATES
WIZZ AIR HUNGARY LTD
HUNGARY
YAS AIR
IRAN, ISLAMIC REPUBLIC OF
MALTA
CRCO Identification no.
Operator Name
State of the Operator
AIRBLUE LTD
PAKISTAN
AIR MALTA
MALTA
BACA HYDRA LEASING
AUSTRIA
BRISE AIR S.A.
UNITED ARAB EMIRATES
Capital Aerospace
UNITED STATES
COMLUX MALTA LTD
MALTA
CONTRACTAIR LTD.
UNITED KINGDOM
DAVID FRIEND
AUSTRALIA
DBF AVIATION SERV 2
AUSTRALIA
DRITTE XR-GMBH
GERMANY
EUROPE EXEC JET SVCS
MALTA
FLUGLAUSNIR
ICELAND
GLOBAL SERVICES LLC
UNITED STATES
HARDY AVIATION
AUSTRALIA
HEAVYLIFT CARGO
SIERRA LEONE
IMAGEAIR P/L
AUSTRALIA
KASAS LTD
KENYA
KHALID AIR UGANDA
UGANDA
KHARKOV AIRCRAFT
UKRAINE
KING AIR SERVICES
SOUTH AFRICA
NEVILLE DUNN'S AVIAT
AUSTRALIA
OASIS FLIGHT MALTA
MALTA
PAY S AIR SERVICE
AUSTRALIA
ROYAL AIRLINES LTD
PAKISTAN
R & M AIRCRAFT PTY
AUSTRALIA
SKY AIRLINE
CHILE
SOC. DIST. AFRICAINE
BELGIUM
SRD AVIATION
AUSTRALIA
SUKHOY OAO OKB
RUSSIAN FEDERATION
S TOGO
TOGO
Turner Enterprises, Inc.
UNITED STATES
TEN BARREL INC.
CANADA
THRESHOLD VENTURES INC
UNITED STATES
VESTING PARTICIPACOE
BRAZIL
VISTAJET LIMITED
MALTA
WASHINGTON TIMES AVT
UNITED STATES
WELLHOME AIR CARRIER
SOUTH AFRICA
NETHERLANDS
CRCO Identification no.
Operator Name
State of the Operator
AERCAP IRELAND LTD.
IRELAND
AEROVERTIGO 2
UNITED STATES
AIRBULANCE
NETHERLANDS
AIR MEMPHIS
NETHERLANDS
AIR NORTH PARTNERSHI
CANADA
AIR UNIVERSAL LTD
JORDAN
AMERICAN EAGLE EXEC.
PUERTO RICO
AMSTERDAM AIRLINES
NETHERLANDS
ANGOLA AIR CHARTER
ANGOLA
ASPEN I LLC
UNITED STATES
AVIACON ZITOTRANS
RUSSIAN FEDERATION
AVIODROME LELYSTAD
NETHERLANDS
BAIRES FLY S.A.
ARGENTINA
BLUE AIRWAYS LLC
ARMENIA
BLUE BIRD AVTN (HS)
SUDAN
BRASILIAN AIRCRAFT
NETHERLANDS
BUSINESS AIR (TX)
UNITED STATES
Corendon Dutch Airline B.V.
NETHERLANDS
CANAL AIR LLC
UNITED STATES
CARPAU CORP
UNITED STATES
CBAS PVT LTD
INDIA
CHC AIRWAYS
NETHERLANDS
CHINA AIRLINES
TAIWAN
CHINA SOUTHERN
CHINA
CITATION 550 LLC
UNITED STATES
COMPAGNIE D'AVIATION
CONGO
CORENDON AIRLINES
TURKEY
COVENTRY FIRST
UNITED STATES
C&E Holdings Inc.
UNITED STATES
Digital Monitoring Products
UNITED STATES
Dynamic Aviation Group Inc.
UNITED STATES
DAC-AVIATION
CANADA
DAROCO HOLDINGS LLC
UNITED STATES
DC-YHDISTYS
FINLAND
DENIM AIR
NETHERLANDS
DENIM AIR ACMI BV
NETHERLANDS
DORNIER 3095 LLC
UNITED STATES
DYNAMIC AIRLINES
NETHERLANDS
Eastman Chemical Company
UNITED STATES
Emerson Climate Technologies
UNITED STATES
ELAL
ISRAEL
EMERGO FINANCE
CANADA
ENERJET
CANADA
EXECUJET AVTN (PTY)
SOUTH AFRICA
FIRST PROP AVIATION
GREECE
FLORIDA WEST INTL AW
UNITED STATES
FLY GEORGIA
GEORGIA
FOKKER HERITAGE
NETHERLANDS
FOKKER SERVICES BV
NETHERLANDS
GABON AIR TRANSPORT
GABON
GARUDA
INDONESIA
GCB BEHEER
NETHERLANDS
GHASSAN AHMED
KUWAIT
GLOBAL ACFT SERVICES
UNITED STATES
GOLDEN EUROPE JET
GERMANY
HEEREMA VLIEGBEDRIJF
NETHERLANDS
Idaho Investments Inc.
UNITED STATES
INTERSTATE AIRLINE
NETHERLANDS
Jetaway Air Service
UNITED STATES
JADE CARGO INTL
CHINA
JAY Aviation II LLC
UNITED STATES
JETSUPPORT
NETHERLANDS
JET A COMPANY
UNITED STATES
JM Aviation Holdings
UNITED STATES
Keycorp Aviation Center
UNITED STATES
KLM
NETHERLANDS
KOM ACTIVITY
NETHERLANDS
KORPS LANDELIJKE POL
NETHERLANDS
Liberty Global, INC
UNITED STATES
LBN, LLC / Central Missouri Aviation, Inc.
UNITED STATES
LIBERTY GLOBAL EUROP
NETHERLANDS
LINEA AER. CARGUERA
COLOMBIA
LODGINGS 2000
GIBRALTAR
MARTINAIR
NETHERLANDS
MEISNER AIRCRAFT
UNITED STATES
MIL NETH TRANSPORT
NETHERLANDS
MK Air Pty Ltd
AUSTRALIA
Nationaal Lucht- en Ruimtevaartlaboratorium
NETHERLANDS
NIPPON CARGO
JAPAN
NORTHWEST AIRLINES
UNITED STATES
Oshkosh Corporation
UNITED STATES
Oxbow Falcon LLC
UNITED STATES
OMI Management US LP
UNITED STATES
ORIENTAL SKY AVTN
CHINA
OSHKOSH CORPORATION
UNITED STATES
Prime City Holdings Limited Bvi
VIRGIN ISLANDS, BRITISH
Promega Corporation
UNITED STATES
PARADIGM JET MGMT
UNITED STATES
PATH
UNITED STATES
PEGASUS TECH
UNITED STATES
POLAR AIR CARGO WW
UNITED STATES
RUYGROK
NETHERLANDS
Sama LelTayaran Company Limited
SAUDI ARABIA
SAMCO AIRCRAFT CORP
NETHERLANDS
SEXTANT HOLDINGS
UNITED STATES
SHELL AIRCRAFT
UNITED KINGDOM
SILVER AIR LTD
UNITED ARAB EMIRATES
SKYLINE AVIATION
NETHERLANDS
SKYWARD INT
KENYA
SKYWEST AIRLINES
AUSTRALIA
SOC. DE CONSERVATION
NETHERLANDS
SOLID AIR
NETHERLANDS
TRANSAVIA AIRLINES
NETHERLANDS
TRAVEL AIR (PAPUA)
PAPUA NEW GUINEA
TUI NED. ARKEFLY
NETHERLANDS
TURK HAVA YOLLARI
TURKEY
UNIVERSAL HEALTH MGM
UNITED STATES
UNIVERSAL WEATHER UK
UNITED KINGDOM
WILMINGTON TRUST CY
UNITED STATES
Xojet
UNITED STATES
NORWAY
CRCO Identification no.
Operator Name
State of the Operator
Aerosyncro Aviation AB
SWEDEN
AERONAUTICA SUNTRANS
VENEZUELA, BOLIVARIAN REPUBLIC OF
AIRWING AS
NORWAY
AIR MANAS
TAJIKISTAN
ALCI ANTARTIC
SOUTH AFRICA
ALPINE AVIATION INC
UNITED STATES
AL THANI, ABDULLAH
QATAR
AMAZON SKY SAC
PERU
ARMSTRONG-SUMIN H B
UNITED STATES
AVIA EXPRESS SWEDEN
SWEDEN
BERGEN AIR TRANSPORT
NORWAY
BLUEWAY OFFSHORE NOR
NORWAY
Chouest Air, Inc.
UNITED STATES
CHC HELI. AUSTRALIA
AUSTRALIA
CRESCINI G
UNITED STATES
CROIX ROUGE
SWITZERLAND
Duke Energy Business Services LLC
UNITED STATES
DONGHAI JET COMPANY
CHINA
FIELD AVIATION CY
CANADA
FLYFORT
NORWAY
FLYJET KAZAKHSTAN
KAZAKHSTAN
Gpluss
UNITED STATES
GILEAD SCIENCES LLC
UNITED STATES
GUARD SYSTEMS ASA
NORWAY
HELISWISS INTL
SWITZERLAND
HESNES AIR
NORWAY
HOAK TRAVEL INC
UNITED STATES
JAZZ AIR
CANADA
MAJESTIC EQUIPMENT SERVICES LLC
UNITED STATES
MARINE R CORP
UNITED STATES
MARTIN THU TESLI
NORWAY
MFI MANAGEMENT FUR
GERMANY
MIDAIR LS
SWITZERLAND
NORSK HELIKOPTER AS
NORWAY
NORWEGIAN AIRSHUTTLE
NORWAY
PLANE FOLK LLC
UNITED STATES
RELY AS
NORWAY
SCANDINAVIAN A/SYS
SWEDEN
SMC AVIATION
CYPRUS
SMOKELESS TOBACCO
UNITED STATES
SUNDT AIR MNGT AS
NORWAY
SUNDT AIR SWEDEN AB
SWEDEN
SUNSHINE AIR SVCS
AUSTRALIA
WIDEROE FLYVESELSKAP
NORWAY
WINNER 614 JH LLC
UNITED STATES
W. C. Aviation
UNITED STATES
AUSTRIA
CRCO Identification no.
Operator Name
State of the Operator
Avcon Jet AG
AUSTRIA
AAA COOPER TRANSPORT
UNITED STATES
AAA - AIR ALPS AVTN
AUSTRIA
AIR CHARTER AG
SWITZERLAND
AIR CHARTER LTD
SWITZERLAND
AIR SYLHET AG
AUSTRIA
AMES-CAMO GMBH
AUSTRIA
AMIRA AIR
AUSTRIA
ARTJET LTD
BERMUDA
AUSTIN JET HOLDING
AUSTRIA
AUSTRIAN AIRLINES
AUSTRIA
AVIATION SVC. MNGT
UNITED ARAB EMIRATES
AVIATION-LOWW GMBH
AUSTRIA
AVIA CONSULT/SAGAVIA
AUSTRIA
AVTN PARTNERS INC
UNITED STATES
BCOM AIR LLC
UNITED STATES
BERTSCH GMBH
AUSTRIA
BFS BUSINESS FLIGHT
AUSTRIA
CENTRE-AVIA AIRLINES
RUSSIAN FEDERATION
CHARTER AIR
AUSTRIA
COMTEL AIR
AUSTRIA
DJT AVIATION GMBH
AUSTRIA
FEWOTEL BERTRIEBS
AUSTRIA
FLICK, INGRID
AUSTRIA
FLY JET
ITALY
GEORGETOWN MNGMNT
UNITED STATES
GLOBAL JET AUSTRIA
AUSTRIA
GLOCK GMBH
AUSTRIA
HADID INTNL SERVICES
UNITED ARAB EMIRATES
IFFD
SWITZERLAND
INNOVATIVE PROPERTIE
UNITED STATES
INTERNATIONAL JET
AUSTRIA
INTERSKY LUFTFAHRT
AUSTRIA
Jetlines
GERMANY
JETALLIANCE Flugbetriebs GmbH
AUSTRIA
KRONO AIR
AUSTRIA
LARET AVIATION LTD.
SWITZERLAND
LK Air, Inc.
UNITED STATES
LYONESS AVIATION
AUSTRIA
MAGNA INTERNATIONAL
CANADA
MIL AUSTRIA
AUSTRIA
MIL SLOVENIA
SLOVENIA
M B P COM. & IMP.
BRAZIL
M.A.P. Management + Planning
AUSTRIA
NIKI LUFTFAHRT GMBH
AUSTRIA
OMY AVIATION SUISSE
SWITZERLAND
PEGASUS JETS LTD
SWITZERLAND
PM LUFTFAHRZEUGVER.
AUSTRIA
PORSCHE KONSTRUKTION
AUSTRIA
PROXIMA LTD
UNITED ARAB EMIRATES
ROBIN HOOD AVIATION
AUSTRIA
RZ AIR CHARTER GMBH
AUSTRIA
SCHAFFER
AUSTRIA
SCHAFFER GMBH
SWITZERLAND
STRASSER GMBH
AUSTRIA
SWAN VIEW
AUSTRIA
THE FLYING BULLS
AUSTRIA
TUPACK
AUSTRIA
TYROLEAN JET SERVICE
AUSTRIA
UKRAINE INTL AIRLINE
UKRAINE
VIENNA JET
AUSTRIA
VIPJETS LUFTFAHRT
AUSTRIA
VISTAJET
AUSTRIA
VOLGA AVIAEXPRESS
RUSSIAN FEDERATION
Weeks-Davies Aviation, Inc.
UNITED STATES
XENTRA PHARM LTD
IRELAND
POLAND
CRCO Identification no.
Operator Name
State of the Operator
AERO POWER UK
UNITED KINGDOM
AIR NORTH REGIONAL
AUSTRALIA
AIR POLAND SP.Z.O.O.
POLAND
AMC AVIATION
EGYPT
ARKADY SP.Z.O.O.
POLAND
AWAS AVTN SRVC
UNITED STATES
A&S WORLD ACFT INC
RUSSIAN FEDERATION
BINGO AIRWAYS
POLAND
BLUE JET SP.Z.O.O.
POLAND
CEZAR PRZEDSIEBIORST
POLAND
ECC LEASING COMPANY
IRELAND
ENTER AIR
POLAND
ETH SA
LUXEMBOURG
EUROLOT SA
POLAND
FALCON FLYING OPS
UNITED STATES
FIRMA ROLESKI
POLAND
HAWKER PARTNERSHIP
UNITED KINGDOM
J S AVIATION
UNITED KINGDOM
KORAL BLUE AIRLINES
EGYPT
LC ENGINEERING
POLAND
LOT POLISH AIRLINES
POLAND
MAGELLAN PRO-SERVICE
POLAND
MARITIME OFFICE
POLAND
MIDWEST AIRLINES
EGYPT
MIL ALGERIA
ALGERIA
MIL BULGARIA
BULGARIA
MIL FINLAND
FINLAND
MIL NATO NAPMA
MIL POLAND
POLAND
MIL ROMANIA
ROMANIA
MUSCO SPORTS LIGHT
UNITED STATES
NG2 S.A.
POLAND
OLT EXPRESS POLAND
POLAND
OLT EXPRESS REGIONAL
POLAND
POGRANICHNAYA KAZ
KAZAKHSTAN
POLISH AIR NAVIG
POLAND
PYRLANDIA BOOGIE SP.
POLAND
PZL MIELEC
POLAND
ROLESKI SPOLKA
POLAND
ROVNO UNIVERSAL AVIA
UKRAINE
SAUDI MEDICAL SERV.
SAUDI ARABIA
SMALL PLANET EP
POLAND
SPRINTAIR SA
POLAND
TELE-FONIKA KABLE
POLAND
TRAVEL SERVICE EP
POLAND
TURAN AIR
AZERBAIJAN
VENKATESHWARA HATCH
INDIA
YOLENAL AERONAUTICS
UNITED KINGDOM
YOLENAL LIMITED
POLAND
a11519
Operator using TAIL NB: N999EH
Unknown
PORTUGAL
CRCO Identification no.
Operator Name
State of the Operator
Airways Management Services
UNITED STATES
Air Bravo
UNITED STATES
Air Cargo Carrier Gov Div
UNITED STATES
Alesworth
UNITED STATES
Aries Aviation
CANADA
ACFT CONSULTANTS 2
UNITED STATES
AEROJET
ANGOLA
AERONAUTIC SOLUTIONS
SOUTH AFRICA
AERONEXUS CORPORATE
SOUTH AFRICA
AERONORTE
PORTUGAL
AERO CONTRACTORS
UNITED STATES
AFRICAIR USA (2)
UNITED STATES
AFRICA WORLD AIRLINE
GHANA
AGRI COMMODITY TRADE LLC
Unknown
AG HOLDINGS I CORP
UNITED STATES
AIRALT SL
SPAIN
AIRCO AIRCRAFT
CANADA
AIRCRAFT TRUST & FINANCING CORP TRUSTEE
UNITED STATES
AIRES S.A.
COLOMBIA
AIRLOG INTL LTD
UNITED STATES
AIR BEAR
UNITED STATES
AIR BY JET LLC
UNITED STATES
AIR TRACTOR
UNITED STATES
AMERICAN JET INTL 2
UNITED STATES
AMERICAN LOGISTICS
ARGENTINA
ANGOLA AIR SERVICE
ANGOLA
APMR INVESTIMENTOS
BRAZIL
ASSOCIATED AVTN
UNITED KINGDOM
ASSOCIATED AV (NIG)
NIGERIA
AVIATION COMPANY
SOUTH AFRICA
AVIATION SRVCS INTL
UNITED STATES
AVID PALM BEACH LLC
UNITED STATES
AVIONCO
CANADA
AV FLEET HOLDING LLC
UNITED STATES
Banco Pine SA
BRAZIL
BANK OF UTAH
UNITED STATES
BARNETT INVESTMENTS
UNITED STATES
BASLER TURBO
UNITED STATES
BASURVENCIA
UNITED STATES
BEST FLY WORLDWIDE
ANGOLA
BLUE SKY PROPERTIES
PANAMA
BORDER SECURITY
INDIA
BRA TRANSP AEREOS
BRAZIL
BROAD RIVER AVTN
UNITED STATES
BRUCE LEVEN
UNITED STATES
BUFFINI & COMPANY 2
UNITED STATES
Casas Bahia Comercial LTDA
BRAZIL
Challenger Air Corp., LLC
UNITED STATES
Channellock, Inc.
UNITED STATES
Construtora Andrade Gutierrez, S.A.
BRAZIL
Contran Corporation
UNITED STATES
Curves International Inc
UNITED STATES
CAMAC AVIATION LLC
UNITED STATES
CAOA Montadora de Veiculos S/A
BRAZIL
CELESTIAL AV TRADING
IRELAND
CEMAIR
SOUTH AFRICA
CHALLENGER 1073 LLC
UNITED STATES
CHALLENGER 605 LLC
BRAZIL
CHARTERTECH PARTNER
SOUTH AFRICA
CHERRY AIR AVIATION
UNITED STATES
CHIK-CHIK AERONAUTIC
ANGOLA
CIELOS DEL PERU SA
PERU
CIMED Industria de Medicamentos Ltda
BRAZIL
CJ AIR SAFARIS
SOUTH AFRICA
CLOS DE BERRY MGMT
UNITED STATES
COHEN RICARDO
UNITED STATES
COMAIR SALES LTD
SOUTH AFRICA
COMAIR (2)
UNITED STATES
CONSORCIO UNIBANCO
BRAZIL
CONSTRUCTORA SAMBIL
VENEZUELA, BOLIVARIAN REPUBLIC OF
CONSTRUTORA COWAN
BRAZIL
CRYSTAL AIR AVTN
UNITED STATES
Derwick Associates de Venezuala
UNITED STATES
DELPHIA PARTICIPACOE
BRAZIL
DISTRIBUIDORA PHARMA
BRAZIL
Enterprise Aviation - Bermuda Ltd
UNITED STATES
EAGLE MOUNTAIN INTL
UNITED STATES
EMBASSY OF INDIA
PORTUGAL
EMPR.DE MEIOS AEREOS
PORTUGAL
EUROATLANTIC AIRWAYS
PORTUGAL
EXECUTIVE TURBINE
SOUTH AFRICA
Falcon Executive Aviation, Inc.
UNITED STATES
Flightstream Aviation LLC
UNITED STATES
FAITH LANDMARK
UNITED STATES
FALCONCREST AVTN
UNITED STATES
FLIGHT MANAGEMENT
UNITED STATES
FLUIRDADOS SA
PORTUGAL
FUNG WING CHEUNG
CHINA
GAMBIA INTL (2)
GAMBIA
GAVILAN
UNITED STATES
GEMINI MOON TRADING
SOUTH AFRICA
GIROSKI AVIATION LLC
UNITED STATES
GLOBAL EQUITIES
SOUTH AFRICA
GLOBAL FLIGHT SUPPRT
UNITED STATES
GLOBAL MISSION LLC
UNITED STATES
GOLDEN STATE JET LLC
UNITED STATES
GROSFELD INVESTORS LLC
UNITED STATES
GUNTER PPS LLC
UNITED STATES
GYROCAM SYSTEMS
UNITED STATES
G 137 LLC
UNITED STATES
Hy Fly, Transportes Aéreos, S.A.
PORTUGAL
HAMPTON CRYSTAL
NIGERIA
HMY AIRWAYS INC
CANADA
HM LLC
UNITED STATES
HUGHES AIR CORP
CANADA
Igreja Universal do Reino de Deus
BRAZIL
IAL CORP
UNITED STATES
IBECA SA
CUBA
IBIS Participações e Serviços Ltda.
BRAZIL
INDIGO TRANSPORT
UNITED STATES
INMOBILIARIA RASAL
GUATEMALA
INTERJET AVTN LLC
UNITED STATES
INTERWINGS AIRCHRTR
SOUTH AFRICA
Joyce Meyer Ministries
UNITED STATES
JDL Aviation LLC
UNITED STATES
JESPER CONTINENTAL
ISRAEL
JETFLY SUISSE SARL
SWITZERLAND
JET AVIATION AMERICA
UNITED STATES
JET MANAGEMENT INC
UNITED STATES
JET MANAGERS INC
UNITED STATES
JMI Services Inc.
UNITED STATES
JORDAN AVIATION
JORDAN
JW CONSTRUCTION CO
UNITED STATES
KANDO JET LLC
UNITED STATES
KING AIR CHARTER
SOUTH AFRICA
KJ AIR
UNITED STATES
KNIGHTS ARILINES LTD
NIGERIA
KTI INCORP
UNITED STATES
K&P AVIATION LLC
UNITED STATES
La Cadena
Unknown
LADS
AUSTRALIA
LANE AVIATION INC
UNITED STATES
LIMA DELTA COMPANY
UNITED STATES
LIVING WORD CHRISTIAN CENTER
UNITED STATES
LUZAIR SA
PORTUGAL
L-3 COMMS AEROMET
UNITED STATES
L3 COMMUNICATIONS ADVANCED AVIATION LLC
UNITED STATES
Mariner Management LLC
BARBADOS
Mente L.L.C.
UNITED STATES
Mercantil Servicios Financieros C.A.
UNITED STATES
MAAMBA COLLIERIES
ZAMBIA
MACHAVIA INC
UNITED STATES
MACNEIL AVIATION LLC
UNITED STATES
MADRONE ADVISORS
UNITED STATES
MAHIL AGROPECUARIA
BRAZIL
MALAYSIAN DCA
MALAYSIA
MANACA TAXI AEREA
BRAZIL
MARK IV AVTN USA
UNITED STATES
MBF HEALTCARE MGMT
UNITED STATES
MCC AVIATION
SOUTH AFRICA
MED-VIEW AIRLINES
NIGERIA
MERIDIAN AVTN (CO)
UNITED STATES
MH AVIATION
UNITED STATES
MH AVIATION SERVICES
SOUTH AFRICA
MINISTRY TRANSPORT
NIGERIA
ML200 Leasing LLC
UNITED STATES
MORGAN FLIGHT
UNITED STATES
MOURITEEN FAMILY TR
SOUTH AFRICA
MOURITZEN FAMILY
SOUTH AFRICA
M. DIAS BRANCO S.A.
BRAZIL
Netjets Transportes Aéreos, S.A.
PORTUGAL
Nevada Restaurant Services. INC
UNITED STATES
NATURELINK AVIATION
SOUTH AFRICA
NGWAZI AIR CHARTERS
ZAMBIA
NICON AIRWAYS
NIGERIA
NOLINOR AVIAT (NLN)
CANADA
NWW Excel II Inc.
UNITED STATES
Orbest Airlines, S.A.
PORTUGAL
OCEANAIR LINHAS AER
BRAZIL
OVLAS SERVICES SA
SWITZERLAND
PACIFIC FLIER
MICRONESIA, FEDERATED STATES OF
PARTNERSHIP
SOUTH AFRICA
PASSAREDO SA
BRAZIL
PEACON ASSOCIATES
UNITED STATES
PEGASUS AIR LLC
UNITED STATES
PERDIEM PILOTS LLC
UNITED STATES
PILOT INTERNATIONAL
UNITED STATES
PROFESSIONAL MAINTNC
UNITED STATES
Reyes Holdings, LLC
UNITED STATES
RANI S AVIATION
UNITED STATES
RB SPORTS INTL
CAYMAN ISLANDS
RICHARD P. MATHESON
UNITED STATES
RICH PRODUCTS
UNITED STATES
RILPORT OVERSEAS SA
ARUBA
ROSTON AVIATION
UNITED STATES
ROYAL JET INC
UNITED STATES
RSE COMPANY
UNITED STATES
RSE COMPANY DELAWARE
UNITED STATES
RUSSELL AVIATION LEASING INC
UNITED STATES
R & R AIRCRAFT
UNITED STATES
Sata Air Açores, S.A.
PORTUGAL
Sata Internacional, S.A.
PORTUGAL
Schweitzer Engineering Labs Inc
UNITED STATES
Spectator, Inc. and Kalco Corporation
UNITED STATES
SAHARA AFRICAN AVTN
SOUTH AFRICA
SAHARA AVIATION
SOUTH AFRICA
SEARCA COLOMBIA
COLOMBIA
SIERRA NEVADA SNC.
UNITED STATES
SIFCO SA
BRAZIL
SIGNIA JETS
SPAIN
SKYROS PROPERTIES
SOUTH AFRICA
SPARTAN ORGANISATION
UNITED STATES
SPECIALIZED AIRCRAFT
UNITED STATES
SPECTREM AIR
SOUTH AFRICA
SPORTO SNC
FRANCE
STAR AIR CARGO
SOUTH AFRICA
STORM AVTN CANADA
CANADA
STRATEGIC AIRLINES
AUSTRALIA
S IVORY COAST
CÔTE D'IVOIRE
Tecnoravia CA
UNITED STATES
Tierecel Limited/Corbantrade Cia. Ltda.
UNITED STATES
Toby Limited
CAYMAN ISLANDS
TAAG - Linhas Aéreas de Angola - Angola Airlines
ANGOLA
TACV-Transportes Aéreos de Cabo Verde, S.A.
CAPE VERDE
TAK CONTINENTAL LTD
UNITED STATES
TAP-Transportes Aéreos Portugueses, S.A.
PORTUGAL
TAUGHANNOCK AVIATION
UNITED STATES
TAXI AEREO WESTON
BRAZIL
TAXI AER PIRACICABA
BRAZIL
THREE VALLEYS RANCH LLC
UNITED STATES
TINAIRLINES
PORTUGAL
TRANS CAPITAL AIR
CANADA
TRAYTON AVIATION
UNITED STATES
TRIDENT AVIATION HK
KENYA
TRIJET AVTN SPV LTD.
SWITZERLAND
TRIUMPH AIRWAYS LTD
CANADA
TROP COMERCIO EXTER
BRAZIL
TRUSH AIRCRAFT
UNITED STATES
TSTC LLC
UNITED STATES
United Bank Card
UNITED STATES
UAC AIR CHARTER
GERMANY
US AVIATION CORP
UNITED STATES
US EUROPE AFRICA TR
UNITED STATES
VALLEYSOFT
ANGOLA
VITESSE AVIATION
BRAZIL
VOYAGEUR AIRWAYS (2)
CANADA
VX CAPITAL PARTNERS
UNITED STATES
Wells Fargo Bank NW NA
UNITED STATES
WACHOVIA FINANCIAL
UNITED STATES
WAYLAWN
ISRAEL
WC FERRIES
SOUTH AFRICA
WEBJET LINHAS AEREAS
BRAZIL
WEST CENTRAL AIR
CANADA
WHITE-AIRWAYS SA
PORTUGAL
WILLOW CREEK ASSOCIATION
UNITED STATES
WINGS AVTN NIGERIA
NIGERIA
WORLDWIDE FERRYING
CANADA
WORLD AERO FUELS AND SERVICES
Unknown
X PEGASUS LLC
UNITED STATES
540 GHANA LIMITED
GHANA
a11481
Operator using TAIL NB: N167AA
Unknown
a11502
Operator using TAIL NB: N636GA
Unknown
a11745
Operator using TAIL NB: N686AL
Unknown
a11746
Operator using TAIL NB: N83PP
Unknown
a11526
Operator using TAIL NB: PRCAO
Unknown
a12895
Operator using TAIL NB: PREST
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a12899
Operator using TAIL NB: PRMMP
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
a12905
Operator using TAIL NB: PTPSS
BRAZIL
a12926
Operator using TAIL NB: XBRYP
MEXICO
ROMANIA
CRCO Identification no.
Operator Name
State of the Operator
AAR AIRLIFT
UNITED STATES
AERGO CAPITAL
IRELAND
AERSALE INC
UNITED STATES
AIRCRAFT TRADERS
BELGIUM
AIRJET ANGOLA
ANGOLA
AIR BUCHAREST
ROMANIA
AIR JET LDA
UNITED ARAB EMIRATES
ALFA AIR SERVICES
ROMANIA
ARP 410 AIRLINES
UKRAINE
AVE.COM FZC
UNITED ARAB EMIRATES
BLUE AIR TRANSPORT AERIAN
ROMANIA
BUKOVYNA
UKRAINE
CAGDAS AIR
TURKEY
CARPATAIR
ROMANIA
CITYLINK
GHANA
DETA AIR
KAZAKHSTAN
INTER AVIATION SRL
ROMANIA
JETRAN
UNITED STATES
JETRAN AIR S.R.L.
ROMANIA
KG AIRCRAFT LEASING
IRELAND
KYRGYZ TRANS AVIA
RUSSIAN FEDERATION
LIBYAVIA AVIATION
LIBYA
MAX AVIA
RUSSIAN FEDERATION
MDLR AIRLINES
INDIA
MIA
LEBANON
MIAMI AIR INTL
UNITED STATES
MIA AIRL.
ROMANIA
MIDDLE EAST AVIATION
LEBANON
Riata Management LLC
UNITED STATES
RED STAR (FZE)
UNITED ARAB EMIRATES
ROMANIAN ACADEMY
ROMANIA
ROMANIAN CIVIL AERONAUTICAL AUTHORITY
ROMANIA
ROMAVIA ROMANIAN
ROMANIA
ROSTVERTOL
RUSSIAN FEDERATION
SANTAY AIR
TURKEY
SKYBLUE AERO PVT LTD
INDIA
S CAMEROON
CAMEROON
TAROM
ROMANIA
TRIDENT JET LEASING
IRELAND
VEGA AIR COMPANY
UKRAINE
VICTORIA AVTN
UNITED KINGDOM
VISION AIRLINES
UNITED STATES
26 North Aviation
UNITED STATES
a12826
Operator using TAIL NB: N801LR
UNITED STATES
SLOVENIA
CRCO Identification no.
Operator Name
State of the Operator
ADRIA AIRWAYS
SLOVENIA
ARTHEL SARL
FRANCE
CITIC GEN AVIATION
CHINA
CSI AVIATION SVCS
UNITED STATES
IRTYSH-AIR
KAZAKHSTAN
REGION AVIA AIRLINES
RUSSIAN FEDERATION
SOLINAIR D.O.O.
SLOVENIA
SLOVAKIA
CRCO Identification no.
Operator Name
State of the Operator
AELIS GROUP A.S.
SLOVAKIA
AEROMIST KHARKIV
UKRAINE
AIREXPLORE LTD.
SLOVAKIA
AVIA AM LEASING
LITHUANIA
BERIEV ACRFT COMPANY
RUSSIAN FEDERATION
BOTTLESPRING LTD
CYPRUS
CAA SLOVAK REPUBLIC
SLOVAKIA
DANUBE WINGS
SLOVAKIA
DUBNICA AIR LTD
SLOVAKIA
EAGLE AIR (SL) LTD
SIERRA LEONE
EASTERN
SLOVAKIA
EASTERN AIRWAYS (FD)
SWAZILAND
EASTERN AIRWAYS(PTY)
SWAZILAND
FILAIR 2
CONGO
Georgian LLC
GEORGIA
GOVERNMENT SLOVAKIA
SLOVAKIA
ILYICH IRON & STEEL
UKRAINE
JUMP-TANDEM S.R.O.
SLOVAKIA
KAM AIR
AFGHANISTAN
MIL VIETNAM
VIET NAM
MOKRANCE STEEL MILLS
SLOVAKIA
Sayegh Aviation Europe, Ltd
SLOVAKIA
SLOVAKIAN AIRLINES
SLOVAKIA
SSIM, A.S.
SLOVAKIA
STEEL KOSICE
SLOVAKIA
TRAVEL SERVICE SLOV
SLOVAKIA
UTAIR EUROPE S.R.O.
SLOVAKIA
VJEKOSLAV MIHAJLOVIC
SERBIA
FINLAND
CRCO Identification no.
Operator Name
State of the Operator
AIRFIX AVIATION LTD
FINLAND
AIR NIAMEY
NIGER
ALTICOR
UNITED STATES
ATYRAU AUE JOLY
KAZAKHSTAN
Best Friends Air
UNITED STATES
BEST JETS INTL
UNITED STATES
BLUE1
FINLAND
CARLBAD ENTERPRISES
UKRAINE
EXTREME CRAFTS VI
UNITED STATES
FINNAIR OY
FINLAND
FIN AVIATION ACADEMY
FINLAND
FLYBE FINLAND OY
FINLAND
Golix Investment Limited
VIRGIN ISLANDS (UK)
HANGAR AVIATION MGMT
UNITED STATES
JETFLITE
FINLAND
KAZAIR WEST
KAZAKHSTAN
Lone Ranger Jets LLC
UNITED STATES
MAGADANAVIALISING
RUSSIAN FEDERATION
METROPOLITAN LIFE
UNITED STATES
NORDIC GLOBAL AIR OY
FINLAND
RIVER AVIATION
FINLAND
SPARC AVIA CJSC
RUSSIAN FEDERATION
TUPOLEV OAO
RUSSIAN FEDERATION
UTAIR-EXPRESS LTD
RUSSIAN FEDERATION
ZAO AK BYLINA
RUSSIAN FEDERATION
a11515
Operator using TAIL NB: N966E
Unknown
SWEDEN
CRCO Identification no.
Operator Name
State of the Operator
Avia Express Sweden AB
SWEDEN
AIR NELSON (2)
NEW ZEALAND
AIR SWEDEN AVIATION
SWEDEN
AJ PRODUKTER AB
SWEDEN
AKE JANSSON
SWEDEN
ALISE AVIATION LLC.
UNITED STATES
ALLEGIANT AIR LLC
UNITED STATES
ALNASER AIRLINES
JORDAN
AMAPOLA FLYG AB
SWEDEN
ATRAN-AVIATRANS
RUSSIAN FEDERATION
BH AIRLINES
BOSNIA AND HERZEGOVINA
BIRGMA SWEDEN AB
SWEDEN
BLUE AERO
FRANCE
BLUE CHIP JET
SWEDEN
BRAATHENS REGIONAL
SWEDEN
BRAVO AIRWAYS
UKRAINE
BUSINESS AVIATION UK
UKRAINE
Comcast Corporation / Classic Services
UNITED STATES
Corning Incorporated
UNITED STATES
CCI Pilot Services II, LLC
UNITED STATES
CHAILEASE FINANCE (BVI) Corp.
VIRGIN ISLANDS, BRITISH
CIMBER A/S
DENMARK
CINGULAR WIRELESS
UNITED STATES
CITY AIRLINE AB
SWEDEN
CITY AIRLINE AB 2
SWEDEN
CLYDE AIR AB
SWEDEN
COMAIR (3)
UNITED STATES
COMTRAN INTERNATIONAL INC
UNITED STATES
DLS AIR
UNITED STATES
DYNAMIC AIRWAYS
UNITED STATES
EASTAIR AB
SWEDEN
EXEC JET ENTERPRISE
TAIWAN
EXPO AVIATION PVT 2
SRI LANKA
EZNIS AIRWAYS
MONGOLIA
Fly Logic
SWEDEN
FLEETLEADER AB
SWEDEN
FLYGANDE VETERANER
SWEDEN
FLYGLINJEN VATTERBYG
SWEDEN
FORSCHUNGSZENTRUM
GERMANY
GLOBAL AVTN PARTNERS
RUSSIAN FEDERATION
GLOBAL INVESTMENT
SWITZERLAND
GOIANIA COMERCIO
PORTUGAL
HASTENS SANGAR AB
SWEDEN
INTERNAL MINISTRY UK
UKRAINE
JET ARROW
SWITZERLAND
JET PLAID LLC
UNITED STATES
JORDAN CONSULTING
UNITED STATES
KINNARPS
SWEDEN
KUSTBEVAKNINGEN
SWEDEN
K/S HAWKER
DENMARK
LARGUS AVIATION AB
SWEDEN
Malmö Aviation AB
SWEDEN
MCA AIRLINES
SWEDEN
MIL HUNGARY
HUNGARY
MIL SWEDEN
SWEDEN
MIL/CIV SWEDEN
SWEDEN
MJ AIR MANAGEMENT
SWEDEN
Norwegian Air Shuttle Sweden AB
SWEDEN
Nova Airlines AB
SWEDEN
NEXTJET AB
SWEDEN
N724DB LLC
SPAIN
OCCIDENTAL PETROLEUM
UNITED STATES
PMI GLOBAL SVCS INC
UNITED STATES
PROFESSIONAL AIR
UNITED STATES
RAINIER AVTN
UNITED STATES
Shuert Enterprises
UNITED STATES
SAAB AB
SWEDEN
SAAB AEROTECH
SWEDEN
SAMOA TECHNOLOGIES
UNITED STATES
SAPPI MANUFACTURING
SOUTH AFRICA
SAS
SWEDEN
SA EXPRESS
SOUTH AFRICA
SCANDINAVIAN MEDICOP
SWEDEN
SFS HOLDING AB
SWEDEN
SHOTGUN RANCH LLC
UNITED STATES
SKYMERE STORM
UNITED KINGDOM
SKYWAYS EXPRESS AB 2
SWEDEN
SMA HELICOPTER RESCU
SWEDEN
SNAS COURIERS
BAHRAIN
SOL LINEAS AEREAS SA
ARGENTINA
SOUTH AFRICAN EXPRES
SOUTH AFRICA
SPITFIRE INVESTMENTS
UNITED KINGDOM
STERLING AVTN.
UNITED STATES
TAM AB
SWEDEN
TANDORO
SWITZERLAND
TOR AIR AB
SWEDEN
TRANSMILE AIR SVCS 2
MALAYSIA
TUIFLY NORDIC AB
SWEDEN
UAB APATAS
LITHUANIA
Viking Airlines AB
SWEDEN
VAPSI
SWEDEN
VARTIOLENTOLAIVUE
FINLAND
VASTGOTA
SWEDEN
WADE AIR
AUSTRALIA
WEST AIR SWEDEN AB
SWEDEN
UNITED KINGDOM
CRCO Identification no.
Operator Name
State of the Operator
Aero Air, LLC
UNITED STATES
Agropecuaria Santana do Deserto Ltda.
BRAZIL
Aircraft Associates Inc
UNITED STATES
AirBill Inc.
UNITED STATES
Alpha Technologies, Inc.
UNITED STATES
Al Tameer Co. Ltd.
SAUDI ARABIA
American Credit Acceptance
UNITED STATES
American International Group
UNITED STATES
American Resources
UNITED STATES
Amy's Kitchen Inc.
UNITED STATES
Anadarko Petroleum Corporation
UNITED STATES
Andromeda Ltd.
BERMUDA
Avenir Worldwide.
UNITED ARAB EMIRATES
Avmet
UNITED KINGDOM
ABBOTT LABORATORIES
UNITED STATES
ABCO Aviation Incorporated
UNITED STATES
ABG AIR LTD
UNITED KINGDOM
ABG RESOURCE PVT LTD
INDIA
ACANITT HOLDING INTL
SWITZERLAND
ACE-INA FLIGHT OPS
UNITED STATES
ACFT SARL
LUXEMBOURG
ACG ACQUISITION 169 LLC
UNITED STATES
ACORN MOBILITY
UNITED KINGDOM
ACROPOLIS AVNT LTD
UNITED KINGDOM
AC TRAVEL LLC
UNITED STATES
ADL LEASING
UNITED STATES
ADMINISTRADORA JBL C.A.
VENEZUELA
ADVANCED AIR MGMT(2)
UNITED STATES
ADVENTAIR
UNITED STATES
AEC INTERN. LTD
SWITZERLAND
AEG Air A.V.V.
ARUBA
AEROMEDICAL EVAC
SAUDI ARABIA
AERONAVAL
UNITED STATES
AERON CIVIL PANAMA
PANAMA
AERORUTAS SATA
ARGENTINA
AEROSERVICIOS EJE
MEXICO
AEROSMITH PENNY
UNITED STATES
AFRICAN AIRLINES INV
SOUTH AFRICA
AIRCAFT MNGT SVCS
UNITED KINGDOM
AIRCRAFT AFRICA CO
SOUTH AFRICA
AIRCRAFT HOLDINGS
UNITED KINGDOM
AIRCRAFT PROPERTIES LLC C/O GOODMAN PROPERTIES
UNITED STATES
AIRCREW DIRECT
UNITED KINGDOM
AIRFIRST NIGERIA
NIGERIA
AIRLIFT INTL (GHANA)
GHANA
AIRMID AVTN SVCS LTD
INDIA
AIRSTAR GROUP
UNITED STATES
AIRSTAR LEASING LTD
UNITED KINGDOM
AIRTANKER
UNITED KINGDOM
AIRTIME LLC
UNITED STATES
AIR ALPHA JEDDAH
SAUDI ARABIA
AIR AMBULANCE SUPPRT
UNITED STATES
AIR ASIA X
MALAYSIA
AIR BUSAN
KOREA, REPUBLIC OF
AIR CANADA
CANADA
AIR CHARTER PROFSNL
UNITED STATES
AIR GROUP (VAN NUYS)
UNITED STATES
AIR HARRODS LTD
UNITED KINGDOM
AIR INDIA
INDIA
AIR JAMAICA
JAMAICA
AIR KILROE LTD T/A EASTERN AIRWAYS
UNITED KINGDOM
AIR NEW ZEALAND
NEW ZEALAND
AIR NIGERIA
NIGERIA
AIR NOVA INC
UNITED STATES
AIR PARTNERS CORP
CANADA
AIR PARTNER PRIVATE JETS LTD
UNITED KINGDOM
AIR SANSONE LLC
UNITED STATES
AIR TRANSAT
CANADA
AJB AVIATION LLC
UNITED STATES
ALG TRANSP UK OFFICE
UNITED STATES
ALII AVIATION
UNITED STATES
ALLEGIANCE AIR
SOUTH AFRICA
ALLFAST FASTENING
UNITED STATES
ALMOJIL AVIATION
UNITED ARAB EMIRATES
AL FOZAN HOLDING CO.
SAUDI ARABIA
AL JAZEERA FOOD
SAUDI ARABIA
AL RUSHAID AVIATION
UNITED STATES
AL SALAM 319 LTD
CAYMAN ISLANDS
AL SHOHRA PVT JET
JORDAN
AMAC CORPORATE JET AG
SWITZERLAND
AMBER AVTN (UK) LTD.
UNITED KINGDOM
AMBRION AVIATION
UNITED KINGDOM
AMERICAN AIRLINES
UNITED STATES
AMERICAN EXPRESS
UNITED STATES
AMERIPRISE FINANCIAL
UNITED STATES
AMGEN
UNITED STATES
AMS LTD
UNITED KINGDOM
ANDAMAN AVIATION
UNITED ARAB EMIRATES
ANDERSON AIR LTD.
CANADA
ANHEUSER BUSCH
UNITED STATES
ANSCHUTZ
UNITED STATES
APC AVIATION INC
UNITED STATES
APEC ASSETS LIMITED
VIRGIN ISLANDS, BRITISH
APRILIA HOLDINGS INC
CAYMAN ISLANDS
ARABIAN JETS
SAUDI ARABIA
ARAMARK
UNITED STATES
ARAMCO SAUDI ARABIA
UNITED STATES
ARIK AIR LTD
NIGERIA
ARINC DIRECT
UNITED STATES
ARIRANG AVIATION LTD
BANGLADESH
ARIRANG IOM AVIATION
UNITED KINGDOM
ARKIVA LTD.
IRELAND
ARMAD
BERMUDA
ARM INVESTMENT MNG
NIGERIA
ASHLEY AVIATION LTD
INDIA
ASHOK LEYLAND LTD
INDIA
ASIA UNIVERSAL JET
LATVIA
ASP Aviation ltd
UNITED KINGDOM
ASTRAEUS LTD
UNITED KINGDOM
ASTROJET LTD
UNITED KINGDOM
ATALANTA AIR
UNITED STATES
ATCO GROUP
CANADA
ATLANTIC AIRLINES LTD
UNITED KINGDOM
ATLANTIC AVTN 2
UNITED STATES
ATLANTIC BRIDGE AV 2
UNITED KINGDOM
AT&T Management Services, L.P.
UNITED STATES
AURIGNY AIR
UNITED KINGDOM
AVALON CAPITAL GROUP
UNITED STATES
AVANTHA HOLDING LTD
INDIA
AVCARD UK
UNITED KINGDOM
AVFUEL CORP
UNITED STATES
AVIACOR - AIRCRAFT
RUSSIAN FEDERATION
AVIAMAX
GERMANY
AVIATION DYNAMIX LLC
UNITED STATES
AVIA FUNDS MNGMT
LITHUANIA
AVIONETA
UNITED STATES
AVION LLC
UNITED STATES
AVITRANS INC
UNITED STATES
AVMAX AVIATION SVCS
CANADA
AVMET INTERNATIONAL
UNITED STATES
AVN AIR
UNITED STATES
AVPLAN TRIP SUPPORT
UNITED STATES
AVPRO INC (3)
UNITED STATES
AVTN DEVLPMENT INTL
IRELAND
AVTN EQPMENT LEASING
UNITED KINGDOM
AVTRADE UK
UNITED KINGDOM
AVX TAXI AEREO
BRAZIL
AV CONSULTANTS ASPEN
UNITED STATES
AZERBAIJAN AIRLINES
AZERBAIJAN
AZIKEL GROUP N500AZ
UNITED KINGDOM
A J WALTER AVIATION
UNITED KINGDOM
A & C BUSINESS SERVICES INC
UNITED STATES
Beacon Capital Partners, LLC
UNITED STATES
Berwind Corporation
UNITED STATES
Bharat Forge Limited
INDIA
Blackhorse, LLC.
UNITED STATES
Bloomberg Services LLC
UNITED STATES
Blue Ridge Air, Inc.
UNITED STATES
Bristow Helicopters Ltd
UNITED KINGDOM
British Midland Regional Limited
UNITED KINGDOM
BAA JET MANAGEMENT
CHINA
BAC LEASING LTD
UNITED KINGDOM
BAE Systems, Inc.
UNITED STATES
BAE SYSTEMS (OPERATIONS) LTD
UNITED KINGDOM
BAHRAIN ROYAL FLIGHT
BAHRAIN
BANC OF AMERICA LEASING & CAPITAL LLC
UNITED STATES
BANGLADESH BIMAN
BANGLADESH
BANK OF AMERICA NA C/O JET AVIATION BUSINESS JETS
UNITED STATES
BANLINE AVIATION
UNITED KINGDOM
BARBICAN HOLDINGS
UNITED KINGDOM
BASEOPS
UNITED STATES
BASS ENTERPRISES
UNITED STATES
BAYHAM LIMITED
SAUDI ARABIA
BA CITYFLYER LTD
UNITED KINGDOM
BBAM AVTN SVCS LTD
IRELAND
BCC EQUIPMENT LEASE
UNITED STATES
BDK AIR LIMITED
CANADA
BEAUTY CENTRAL INC
UNITED STATES
BECHTEL
UNITED STATES
BECTON DICKINSON
UNITED STATES
BEEHAWK AVIATION
UNITED STATES
BEGAL AIR
UNITED KINGDOM
BEIJING CAP AIRLINES
CHINA
BELL GEOSPACE
UNITED KINGDOM
BEL AIR
UNITED KINGDOM
BENSLOW BERMUDA LTD.
SWITZERLAND
BENTLEY FORBES
UNITED STATES
BERTA FINANCE LTD
BELIZE
BETA LEASING
IRELAND
BEYOND VENTURES LLC
UNITED STATES
BGST LLC
UNITED STATES
BHARAT HOTELS LTD
INDIA
BHOJA AIR
PAKISTAN
BIG DOG AVTN
UNITED STATES
BILEN
TURKEY
BISSELL LEASING CO LLC
UNITED STATES
BJS JET SOLUTION (FLEXJET)
Unknown
BKF AVIATION LIMITED
UNITED STATES
BLACK DIAMOND AVTN
UNITED STATES
BLACK & DECKER
UNITED STATES
BLATTI AVIATION INC
UNITED STATES
BLUEJETS LTD
UNITED KINGDOM
BLUE ISLANDS LTD
UNITED KINGDOM
BLUE SKY LEASING LTD
UNITED KINGDOM
BMIBaby Limited
UNITED KINGDOM
BMI REGIONAL LTD
UNITED KINGDOM
BNT INTL CORP
UNITED STATES
BOLLINGER SHIPYARDS
UNITED STATES
BOMBARDIER AEROSPACE CORP
UNITED STATES
BOMBARDIER FLEXJET
UNITED STATES
BOMBARDIER INC
CANADA
BOMBARDIER-MARIBEL
UNITED STATES
BOND OFFSHORE HELICOPTERS LTD
UNITED KINGDOM
BOOTH CREEK MGMT
UNITED STATES
BOREH INTERNATIONAL
UNITED ARAB EMIRATES
BOULTBEE AVTN 3
UNITED KINGDOM
BOW & ARROW AVIATION
UNITED STATES
BPG PROPERTIES
UNITED STATES
BP CAPITAL LP
UNITED STATES
BRAMPTONIA LTD
UNITED KINGDOM
BRAVO AVIATION
UNITED KINGDOM
BRECO INTL
UNITED KINGDOM
BRIARWOOD PROD. LTD
UNITED KINGDOM
BRIDGE AVIATION
UNITED KINGDOM
BRIDGTOWN PLANT
UNITED KINGDOM
BRILLIANT MEDIA
UNITED KINGDOM
BRISTOL AIR LTD.
SAUDI ARABIA
BRISTOL FLYING CENTR
UNITED KINGDOM
BRISTOL HELI LTD
UNITED KINGDOM
BRITISH AIRWAYS PLC
UNITED KINGDOM
BRITISH MIDLAND AIRWAYS LTD
UNITED KINGDOM
BROKERAGE & MANAGMT
UNITED STATES
BROOKLINE HOLDINGS
ISLE OF MAN
BROOME WELLINGTON
UNITED KINGDOM
BROOM P AVTN SVCS
UNITED STATES
BRUNSWICK
UNITED STATES
BUA DELAWARE INC
UNITED STATES
BUCKHEAD
UNITED STATES
BUSINESS AIRCRAFT LEASING INC
UNITED STATES
BUSINESS JET CONSULT
UNITED STATES
BUSINESS UNIVERSE
VIRGIN ISLANDS, BRITISH
BVG VIAJES SA DE CV
MEXICO
BYECROSS IOM LTD
UNITED KINGDOM
BZL Bermuda Limited
BERMUDA
BZ AIR LTD
UNITED KINGDOM
B&D AVIATION
UNITED STATES
B2 MANAGMENT LTD.
BAHRAIN
Canadian Utilities Limited
CANADA
Carlyle Investment Management, LLC
UNITED STATES
Casafin II LLC
UNITED STATES
Casam Int
EGYPT
Century Ocean Limited
VIRGIN ISLANDS (UK)
Charles Schwab
UNITED STATES
Chevron U.S.A.Inc.
UNITED STATES
Coca Cola Refreshments
UNITED STATES
Colson & Colson General Contractor
UNITED STATES
Columbus Networks USA Inc.
UNITED STATES
Community Enterprises, LLC d/b/a 4274 Aviation
UNITED STATES
Computer Sciences Corporation
UNITED STATES
Conanicut Aviation
UNITED STATES
Consultatio S.A.
ARGENTINA
Control Techniques Ltd.
UNITED KINGDOM
Crescent Heights, Inc.
UNITED STATES
CAESARS ENTERTAINMNT
UNITED STATES
CALIFORNIA JET SHARE
UNITED STATES
CALSPAN
UNITED STATES
CAMERON HENKIND
UNITED STATES
CAMPBELL SOUP
UNITED STATES
CAN PACIFIC RAILWAY
CANADA
CAPE CLEAR CAPITAL
UNITED STATES
CAPITAL AVIATION PTE
SINGAPORE
CAPITAL MANAGEMENT
UNITED STATES
CARDINAL HEALTH AVTN
UNITED STATES
CARGILL
UNITED STATES
CASTLE 2003-2 IRELAND LTD
IRELAND
CATERHAMJET MALAYSIA
MALAYSIA
CATERPILLAR
UNITED STATES
CATHAY PACIFIC
CHINA
CATHTON HOLDINGS LTD
CANADA
CAYLEY AVIATION
BERMUDA
CA, Inc.
UNITED STATES
CBAIR
UNITED STATES
CBAS (PVT) LTD
INDIA
CBMM
BRAZIL
CBS Mass Media Corporation
UNITED STATES
CBX AVIATION LLC
UNITED STATES
CB APPLICATIONS
UNITED STATES
CEF 2002 Aircraft LLC d/b/a Ceridian Corporation
UNITED STATES
CELESTIAL AIRWAYS
UNITED KINGDOM
CELEUS INVESTMENTS
BRAZIL
CELLO AVIATION LTD
UNITED KINGDOM
CFG Service Corp, Inc.
UNITED STATES
CHARTER AIR (IOM)LTD
UNITED KINGDOM
CHARTWELL AVIATION
UNITED STATES
CHC SCOTIA LTD
UNITED KINGDOM
CHICAGO JET GROUP
UNITED STATES
CHICK-FILL-A INC
UNITED STATES
CHILDRESS KLEIN MGMT
UNITED STATES
CHINA EASTERN EXEC
UNITED STATES
CHRISTIE AVTN
AUSTRALIA
CIGNA
UNITED STATES
CIRRUS AVIATION (US)
UNITED STATES
CITIGROUP
UNITED STATES
CIT AEROSPACE INT.
IRELAND
CIT GROUP LOCATION
FRANCE
CKE ASSOCIATES
UNITED STATES
CLEARWATER AVIATION
UNITED KINGDOM
CLEARWATER FINE FOOD
CANADA
CLOUDSCAPE INC
UNITED STATES
CLOUD AIR SERVICE
BERMUDA
CNL GROUP SERVICES
UNITED STATES
COBIAN MEDRANO JOSE
MEXICO
COCA COLA ENTERPRISE
UNITED STATES
COCKRELL RESOURCES INC
UNITED STATES
COLDSTREAM SARL
LUXEMBOURG
COLLEEN
UNITED STATES
COLLETT TRANSPORT
UNITED STATES
COLT INTL
CANADA
COLT INTL HOUSTON
UNITED STATES
COMLUX AVTN
SWITZERLAND
COMPUTAPLANE
UNITED KINGDOM
COMSTOCK ASSET MANAGEMENT LC
UNITED STATES
CONDOR AVTN
UNITED KINGDOM
CONOCOPHILLIPS AVTN
UNITED STATES
CONSOLIDATED CHARTER
UNITED STATES
CONSOLIDATED PRESS 2
AUSTRALIA
CONSTELLATION AVIATN
UNITED ARAB EMIRATES
CONSTELLATION LEASING LLC
UNITED STATES
COORDINATES OPS
UNITED STATES
COPART INC
UNITED STATES
CORACLE AVIATION
SWITZERLAND
CORPORATE FLIGHT MGT
UNITED STATES
CORPORATE JET REALI.
UNITED KINGDOM
CORP JET MGMT
VIRGIN ISLANDS, BRITISH
CORVALLIS AERO SVC
UNITED STATES
COR AVIATION
UNITED STATES
COSMOS AIR LLC
UNITED STATES
COSTA AZZOURA
SAUDI ARABIA
COSTCO WHOLESALE
UNITED STATES
COUGAR HELICOPTERS
CANADA
COUNTRYWIDE HOME
UNITED STATES
COVE AVTN PARTNERS
UNITED STATES
COZURO LTD
UNITED KINGDOM
CRANE COMPANY
UNITED STATES
CROMPTON GREAVES LTD
INDIA
CSC TRANSPORTATION
UNITED STATES
CTC AVTN JET SVCS
UNITED KINGDOM
CVS/Caremark Corporation
UNITED STATES
CYBER SPACE
NIGERIA
C.A.E.S. LIMITED
UNITED STATES
C2C AIR CHARTERS
UNITED STATES
Dal Briar Corporation
UNITED STATES
Devon Realty Advisors, LLC
UNITED STATES
Diamond A Administration LLC
UNITED STATES
Dominion Resources Services Inc.
UNITED STATES
DAIDALOS AVIATION
UKRAINE
DALLAH AL-BARAKA HOL
SAUDI ARABIA
DANGOTE INDUSTRIES
NIGERIA
DARTASSAN
IRELAND
DARWIN AIRLINE
SWITZERLAND
DAR JANA GROUP
SAUDI ARABIA
DATEL DIRECT LTD
UNITED KINGDOM
DAVID W PARFREY
UNITED KINGDOM
DELAWARE CHALLENGER OPERATIONS LLC
UNITED STATES
DELEAUD GILBERT
UNITED STATES
DESERT AIR CHTR INC
UNITED STATES
DESERT AIR 3 LTD
SWITZERLAND
DHL Air Ltd.
UNITED KINGDOM
DIAGO CONTINENTAL
UNITED ARAB EMIRATES
DIAMOND AIR CHARTER
UNITED KINGDOM
DIAMOND CAPITAL INV
UNITED STATES
DIRECTV GROUP
UNITED STATES
DIRECT AVIATION MNGT
UNITED KINGDOM
DJT OPERATIONS I LLC
UNITED STATES
DOMINION AIR LTD
NIGERIA
DOMINION RESOURCES 2
UNITED STATES
DONINGTON AVIATION
UNITED KINGDOM
DORSTONE HOLDINGS
BRAZIL
DTC LLC
UNITED STATES
DUBAI AIR WING
UNITED ARAB EMIRATES
DUKE OF WESTMINSTER
UNITED KINGDOM
DUNAVANT ENTERPRISES
UNITED STATES
DUNVIEW
SWITZERLAND
Eleventh Street Aviation, LLC
UNITED STATES
Enterprise Rent-A-Car, Enterprise Holdings
UNITED STATES
Essar Shipping Ltd
INDIA
Essar Shipping & Logistics Ltd
UNITED KINGDOM
Executive Jet Group Limited
UNITED KINGDOM
Executive Jet Management
UNITED STATES
EAGLE AIRCRAFT
UNITED STATES
EAGLE AVIATION FZC
UNITED ARAB EMIRATES
EAGLE AVTN INC
UNITED STATES
EAGLE AVTN LTD
UNITED STATES
EASSDA
UNITED KINGDOM
EASTAR JET
KOREA, REPUBLIC OF
EASTWAY AVIATION LLC
UNITED STATES
EASYJET AIRLINE COMPANY LTD
UNITED KINGDOM
EASY AVIATION
UNITED KINGDOM
ECB AVIATION PTY LTD
SOUTH AFRICA
ECONET INVESTMENT
SOUTH AFRICA
EDREES MUSTAFA
SAUDI ARABIA
EDS USA
UNITED STATES
EFB AVIATION
UNITED STATES
EGRET MANAGEMENT LLC
UNITED STATES
EGYPTAIR
EGYPT
EIE EAGLE
UNITED KINGDOM
ELAS PROFESSIONAL
NETHERLANDS
ELK MOUNTAIN VENTURES INC
UNITED STATES
ELMET AVIATION
UNITED STATES
EL-SEIF ENGINEERING
SAUDI ARABIA
EMBRAER
BRAZIL
EMBRAER AAF AIRCRAFT
SOUTH AFRICA
EMIRATES INTL
UNITED ARAB EMIRATES
EMMANUEL GROUP
UNITED STATES
EMPECOM CORPORATION
CYPRUS
ENBRIDGE
CANADA
ENERGEM AVIATION
SOUTH AFRICA
ENNA - ALGERIE
ALGERIA
ENTREPRENEURIAL ASST
UNITED STATES
EON AVIATION PVT LTD
SINGAPORE
EPC HOLDINGS 644
UNITED STATES
ETIHAD AIRWAYS
UNITED ARAB EMIRATES
EUROPEAN ACFT SALES
DENMARK
EUROPEAN SKYBUS
UNITED KINGDOM
EURO JET INTERCONTI
UNITED KINGDOM
EU-FLIGHT-SERVICE
GERMANY
EVA AIR
TAIWAN
EWA WEST
UNITED STATES
EWA WEST LLC 2
UNITED STATES
EXECUJET ASIA
AUSTRALIA
EXECUJET CHARTER
SWITZERLAND
EXECUJET EUROPE
SWITZERLAND
EXECUJET NEW ZEALAND
NEW ZEALAND
EXECUTIVE AVTN LTD
UNITED KINGDOM
EXECUTIVE CHARTR USA
UNITED STATES
EXECUTIVE FLIGHT DIV
QATAR
EXECUTIVE JETS LTD
SAUDI ARABIA
EXECUTIVE JET CH LTD
UNITED KINGDOM
EXECUTIVE JET SVCS
NIGERIA
EXEC JET MANAGEMENT
UNITED KINGDOM
EXXONMOBIL AV SVCS
UNITED STATES
E*TRADE GROUP
UNITED STATES
Falcon Fifty LLC
UNITED STATES
Fambran Enterprises LLC
UNITED STATES
Felham Enterprises Inc
UNITED STATES
Felham Enterprises Ltd.
NEW ZEALAND
Fertitta Enterprises
UNITED STATES
Firefly Entertainment Inc.
UNITED STATES
FirstEnergy Service Company
UNITED STATES
First Data Corporation
UNITED STATES
Five Star Aviation, LLC
UNITED STATES
Fly Vectra Ltd.
UNITED KINGDOM
Foreign Manufactures Finance Corp
UNITED STATES
Fortune Brands, Inc.
UNITED STATES
Fox Paine and Company, LLC
UNITED STATES
Frost Administrative Services, Inc.
UNITED STATES
Fry's Electronics, Inc.
UNITED STATES
FAA
UNITED STATES
FALCONAIR LTD
SOUTH AFRICA
FALCON 50 LLC
UNITED STATES
FANAR AVIATION LTD
BERMUDA
FAYAIR LTD
UNITED STATES
FAYAIR (JERSEY)
UNITED KINGDOM
FCI AVIATION LLC
UNITED KINGDOM
FCS Limited
UNITED KINGDOM
FEGOTILA LTD
BERMUDA
FENWAY AVIATION
BRAZIL
FERNCROFT
UNITED KINGDOM
FGA 9 LTD
UNITED KINGDOM
FIGHTER COLLECTION
UNITED KINGDOM
FIREBLADE INVEST.(2)
SOUTH AFRICA
FIRST ACFT LEASING
UNITED KINGDOM
FIRST FLT. MNGT
UNITED STATES
FIRST FUTURE AIR SVC
INDIA
FJL LEASING
UNITED STATES
FJR PRIVATE FLIGHT
UNITED ARAB EMIRATES
FJ900
UNITED STATES
FLIGHTS Inc.
BERMUDA
FLIGHTWORKS
UNITED KINGDOM
FLIGHT ASSIST UK LTD
UNITED KINGDOM
FLIGHT CONSULTANCY
UNITED KINGDOM
FLOREMZANE LIMITED
VIRGIN ISLANDS, BRITISH
FLYBE LTD
UNITED KINGDOM
FLYGTACK LTD
UNITED KINGDOM
FLYING LION
UNITED STATES
FLYING M LLC
UNITED STATES
FLYNN FINANCIAL
UNITED STATES
FLY BECKYS MANAGEMENT LLC
UNITED STATES
FL Aviation Corporation
UNITED STATES
FL510
SWITZERLAND
FMG Air
AUSTRALIA
FORD EUROPE LTD
UNITED KINGDOM
FOREST AVIATION LTD
UNITED KINGDOM
FORMULA ONE MNGMT
UNITED KINGDOM
FOSTER AVIATION
UNITED KINGDOM
FOUR STAR
UNITED STATES
FRANKLIN TEMPLETON
UNITED STATES
FREEMAN AIR CHARTER SERVICES
UNITED STATES
FREWTON LTD
UNITED KINGDOM
FRONTLINER INC
UNITED STATES
FS AVIATION LLP
UNITED KINGDOM
FUTURA TRAVELS
INDIA
Galt Aviation, LLC
UNITED STATES
Gannett Co., Inc.
UNITED STATES
Gemini Ltd
UNITED STATES
General Avileasing, Inc.
UNITED STATES
Glenbrook III LLC
UNITED STATES
Global Pacific Aviation, Inc.
UNITED STATES
Good Think Limited Cayman Island
VIRGIN ISLANDS, BRITISH
Google Inc.
UNITED STATES
Green Bay Packaging Inc.
UNITED STATES
Guidara Nordeste Participacoes Ltda
BRAZIL
Guitar Center, Inc.
UNITED STATES
GALLAGHER ENTERPRISE
UNITED STATES
GALLERIA AVIATION
UNITED STATES
GAMA AVIATION LTD
UNITED KINGDOM
GAMBIA BIRD AIRLINE
GAMBIA
GANTT AVIATION
UNITED STATES
GARDEN AIR LLC
UNITED STATES
GARUDA AVIATION
AUSTRALIA
GEMBROOK ENERGY
CAYMAN ISLANDS
GENERAL AVILEASING INC
UNITED STATES
GENERAL DYNAMICS
UNITED STATES
GENERAL ELECTRIC CAPITAL CORP
UNITED STATES
GENERAL TECHNICS
UNITED KINGDOM
GEN AVTN FLYING SVCS
UNITED STATES
GEXAIR LTD.
UNITED KINGDOM
GE COMMERCIAL AV SVC
IRELAND
GE CORPORATE AIR TRP
UNITED STATES
GF AIR
UNITED STATES
GHAITH AVIATION
SAUDI ARABIA
GHANA INTL AIRLINES
GHANA
GHK COMPANY LLC
UNITED STATES
GIANCARLO TRIMARCHI
VENEZUELA, BOLIVARIAN REPUBLIC OF
GIGER, R
SWITZERLAND
GIII Aircraft Management, LLC
UNITED STATES
GIV AIRWAYS LLC
UNITED KINGDOM
GKMG PARTNERS LLC
UNITED STATES
GLEN WEST 300 INC TRUSTEE
UNITED STATES
GLOBAL AIRCRAFT LLC
UNITED STATES
GLOBAL BUSINESS ASS.
MALAYSIA
GLOBAL ELITE JETS
SAUDI ARABIA
GLOBAL ESTATE & AVIATION LTD
UNITED STATES
GLOBAL EXPRESS GROUP
UNITED STATES
GLOBAL FLEET OIL GAS
UNITED KINGDOM
GLOBAL TRIP SUPPORT
UNITED STATES
GOLDEN FALCON 348
UNITED ARAB EMIRATES
GOTTBETTER & PARTNER
UNITED STATES
GOVERNMENT OF NIGER
NIGER
GO XLS LTD
UNITED KINGDOM
GRAHAM CAPITAL
UNITED STATES
GRAHAM CAPITAL MGMT
UNITED STATES
GRAINGER
UNITED STATES
GRANARD LTD
UNITED KINGDOM
GRAND A AIRCRAFT LLC
UNITED STATES
GRATEFIELD LTD
BERMUDA
GREAT PACIFIC CAP
CANADA
GREENAAP CONSULTANTS
UNITED STATES
GREENTECH
UNITED STATES
GREEN FLAG AVIATION
SUDAN
GREY FALCON LLC
UNITED STATES
GRUSSAIR LLC
UNITED STATES
GSCP (NJ) INC
UNITED STATES
GSC PARTNERS
UNITED STATES
GTC MANAGEMT BURBANK
UNITED STATES
GUILD INVESTMENTS
UNITED STATES
GULFSTREAM SAVANNAH
UNITED STATES
GULF AIR
BAHRAIN
GULF GLOBAL SVCS LTD
UNITED KINGDOM
GULF WINGS
UNITED ARAB EMIRATES
G200 LTD
BERMUDA
G5 AVIATION
SOUTH AFRICA
G5 EXECUTIVE
SWITZERLAND
G550 LIMITED
VIRGIN ISLANDS, BRITISH
Hamilton Aviation Inc.
UNITED STATES
Hamlin Jet Ltd
UNITED KINGDOM
Harbert Aviation
UNITED STATES
Harrinford Ltd
UNITED STATES
Heckmann Enterprises Inc.
UNITED STATES
Hess Corporation
UNITED STATES
Hewlett-Packard Company
UNITED STATES
Hicks Holdings LLC
UNITED STATES
Hindalco Industries Limited
INDIA
Hubbard Broadcasting
UNITED STATES
Hunt Consolidated Inc.
UNITED STATES
HAC (Hangar Acquisition Corporation)
UNITED STATES
HAMILTON COMPANIES
UNITED STATES
HANGAR 8 LTD
UNITED KINGDOM
HARRIS
UNITED STATES
HARSCO
UNITED STATES
HARTH TRADING EST
SAUDI ARABIA
HAVERFORD SUISSE
SWITZERLAND
HAWKER BEECHCRAFT
UNITED STATES
HAWKER BEECHCRAFT 2
UNITED STATES
HAWKER PACIFIC PTY
AUSTRALIA
HAWKER WEST
CANADA
HAWK AVIATION LLC
UNITED STATES
HBC AVIATION
UNITED KINGDOM
HB-JEM
SWITZERLAND
HCC SERVICE CO
UNITED STATES
HEAD START AVTN SYS
CYPRUS
HEINZ COMPANY
UNITED STATES
HELISWISS
SWITZERLAND
HERITAGE JETS (FL)
UNITED STATES
HERSHEY COMPANY
UNITED STATES
HERTZ CORP
UNITED STATES
HEVELCA SOCIETE
UNITED STATES
HIGHLAND AWYS LTD
UNITED KINGDOM
HILL AIR COMPANY I LLC
UNITED STATES
HITACHI CAPITAL
UNITED KINGDOM
HOLLY CORP
UNITED STATES
HOLROB ACFT COMPANY
UNITED STATES
HOME DEPOT
UNITED STATES
HONEYWELL MORRISTOWN
UNITED STATES
HORIZONS AMERICA
UNITED STATES
HORIZON AIR LLP
UNITED KINGDOM
HORNBILL SKYWAYS
MALAYSIA
HUNDRED PERCENT AVTN
UNITED KINGDOM
H. H. Aviation LLC
UNITED STATES
Inflite Engineering Services Limited
UNITED KINGDOM
International Jet Management
UNITED STATES
Irving Oil Transport Inc.
CANADA
IBM
UNITED STATES
ICA GLOBAL SERVICES LLC
UNITED STATES
ICELAND FROZEN FOODS
UNITED KINGDOM
ICON TWO LTD
UNITED KINGDOM
IGT
UNITED STATES
ILC AVIATION GMBH
AUSTRIA
IMAGINARY IMAGES INC
UNITED STATES
INDEPENDENT AVTN SDN
MALAYSIA
INDO PACIFIC AVTN
INDIA
INFINITY AVIATION
UNITED ARAB EMIRATES
INFLITE AVTN (IOM)
UNITED KINGDOM
INSPERITY INC
UNITED STATES
INTERCONT. AIRWAYS
GAMBIA
INTERNATIONAL FLIGHT
BELGIUM
INTERNATIONAL JETCLUB LTD
UNITED KINGDOM
INTL AVTN LEASING
UNITED KINGDOM
INTL FLIGHT RES
UNITED STATES
INTL TRIP PLANNING
UNITED STATES
IPEK INTERNATIONAL
BELIZE
IRKUT CORPORATION
RUSSIAN FEDERATION
ISCAR ISRAEL
ISRAEL
ISLAND AVTN USA
UNITED STATES
ISM AVIATION
UNITED KINGDOM
ITT INDUSTRIES
UNITED STATES
IVANHOE AVIATION HOLDINGS LLC
UNITED STATES
IVANHOE AVIATION 2
SINGAPORE
IZY AIR
NIGERIA
Jackson National Life
UNITED STATES
Janah Management Company Ltd.
UNITED KINGDOM
Jepson Associates Inc.
UNITED STATES
Jet Aviation Business Jet (HK) Ltd
CHINA
Justravl Aircraft Management, Inc.
UNITED STATES
JACOBSEN, T
ARUBA
JANNAIRE LLP
UNITED KINGDOM
JAPAN AIRLINES
JAPAN
JAPC INC
UNITED STATES
JATO AVTN
UNITED KINGDOM
JCPenney Co. Inc.
UNITED STATES
JC BAMFORD EXCAVATORS LTD
UNITED KINGDOM
JELD-WEN, Inc.
UNITED STATES
JEPPESEN DATAPLAN 2
UNITED STATES
JERAND HOLDINGS
VIRGIN ISLANDS, BRITISH
JETCLUB LTD
SWITZERLAND
JETFLITE INTL LLC
UNITED STATES
JETSELECT, LLC
UNITED STATES
JETSTEFF AVIATION
UNITED KINGDOM
JETSTREAM WORLDWIDE
CHINA
JETS AVTN SVCS
VIRGIN ISLANDS, BRITISH
JET AIRWAYS INDIA
INDIA
JET AIR GROUP JSC
RUSSIAN FEDERATION
JET AVIATION MONTVAL
UNITED STATES
JET AVTN FLT SVCS
UNITED STATES
JET CENTRE LTD
UNITED KINGDOM
JET ICU AIR AMBULNCE
UNITED STATES
JET LINK
ISRAEL
JET MIDWEST
UNITED STATES
JET STREAM AVIATION
SAUDI ARABIA
JET2.COM LTD
UNITED KINGDOM
JHD AIRCRAFT SALES CO LLC
UNITED STATES
JHS Management, LLC.
UNITED STATES
JINDAL STEEL
INDIA
JLJ EQUIPMENT LEASIN
UNITED STATES
JOHANNESBURG LIMITED
IRELAND
JOHNSON FRANKLIN
UNITED STATES
JOHNSON SC AND SON
UNITED STATES
JOHN MASON ACFT SVCS
UNITED KINGDOM
JOLUK AVTN
UNITED STATES
JP MORGAN CHASE CY
UNITED STATES
JRA Flight Solutions
UNITED STATES
Kaitar Resources, LLP
UNITED STATES
Kansas City Life Insurance Company
UNITED STATES
Knightsdene Limited
UNITED KINGDOM
Kraft Foods Global Inc.
UNITED STATES
KACALP
UNITED STATES
KAUPTHING SINGER
UNITED KINGDOM
KEEPFLYING LLP
UNITED KINGDOM
KENYA AIRWAYS
KENYA
KERZNER INTL.
UNITED STATES
KH AVIATION LLC
UNITED STATES
KILMER MANAGEMENT
CANADA
KINCH AVIATION SVCS
UNITED KINGDOM
KINGS AIRLINES (2)
NIGERIA
KINGS AVIATION
UNITED KINGDOM
KING POWER INTERNTL
THAILAND
KLEIN TOOLS
UNITED STATES
KNICKERBOCKER
UNITED STATES
KOHLER
UNITED STATES
KOURY AVIATION INC
UNITED STATES
KTR Capital Partners
UNITED STATES
KUBASE AVIATION
INDIA
KUDOS AVIATION LTD
UNITED KINGDOM
KUWAIT AIRWAYS
KUWAIT
Leucadia Aviation, Inc.
UNITED STATES
Level 3 Communications
UNITED STATES
Levi, Ray & Shoup, Inc.
UNITED STATES
Limerick Aviation, LLC
UNITED STATES
Limonia Ltd.
UNITED KINGDOM
Longfellow Management Services LLC
UNITED STATES
LABRAID LIMITED
CROATIA
LAC AVIATION
UNITED KINGDOM
LAKE CAPITAL LLC
UNITED STATES
LAS VEGAS SANDS
UNITED STATES
LEARJET
UNITED STATES
LEDAIR CANADA
CANADA
LEGACY AVIATION LIMITED
UNITED ARAB EMIRATES
LFG Aviation
AUSTRALIA
LG ELECTRONICS INC.
KOREA, REPUBLIC OF
LIBERTY MEDIA LLC
UNITED STATES
LIBERTY MUTUAL
UNITED STATES
LIBYAN AIRLINES
LIBYA
LIGHTAIR
UNITED STATES
LINK AIR SVCS
UNITED KINGDOM
LINK AVIATION
UNITED KINGDOM
LISANNE
UNITED STATES
LOCKHEED MARTIN CORP
UNITED STATES
LOCKHEED SALES & RENTALS INC
UNITED STATES
LOGANAIR LTD
UNITED KINGDOM
LOID GLOBAL LTD
RUSSIAN FEDERATION
LONDON CORPORATE JET
UNITED KINGDOM
LONDON EXECUTIVE AVIATION LTD
UNITED KINGDOM
LONE WOLF AVIATION LLC
UNITED STATES
LONG CHARTER AIR
UNITED STATES
LOWES COMPANIES INC
UNITED STATES
LOWE'S COMPANIES
UNITED STATES
LUFTHANSA TECH SOFIA
BULGARIA
LUGHNASA MGMT LLC
UNITED STATES
LUNAR JETS LTD
UNITED KINGDOM
LYDD AIR LTD
UNITED KINGDOM
L.A.W. Aviation, LLC
UNITED STATES
Maltese Falcon, LLC
UNITED STATES
Marcus Evans Avians Ltd.
UNITED KINGDOM
Mariner Air LLC
UNITED STATES
McCormick and Company Inc.
UNITED STATES
Merck & Co., Inc.
UNITED STATES
MetroJet Limited US
CHINA
MetroJet (MPAMCL)
CHINA
Mexico Transportes Aereos S.A de C.V.
MEXICO
Moore Capital Management, LP dba GX Aviation
UNITED STATES
Motorola Mobility, Inc.
UNITED STATES
Mr Adam Zachary Cherry
UNITED STATES
Multiflight Charter Services LLP
Unknown
MACSTEEL JET SVCS
BERMUDA
MADIS MANAGEMENT
VIRGIN ISLANDS, BRITISH
MAITON AIR LLP
UNITED KINGDOM
MAJESTIC EXECUTIVE
UNITED ARAB EMIRATES
MALAMATINAS
GREECE
MALAYSIA AIRL SYSTEM
MALAYSIA
MANN AVIATION LLC
UNITED STATES
MARATHON OIL
UNITED STATES
MARBYIA EXEC. FLIGHT
SAUDI ARABIA
MARCO POLO AVTN LTD.
CAYMAN ISLANDS
MARINE MANAGEMENT O.
UNITED KINGDOM
MARQUEZ BROTHERS AV
UNITED STATES
MARRIOTT INTL
UNITED STATES
MARSHALL AEROSPACE
UNITED KINGDOM
MASCO
UNITED STATES
MASS Holding
NETHERLANDS
MATHIS BROTHERS
UNITED STATES
MATHYS HUGO
SWITZERLAND
MATTHEWS AVIATION
UNITED KINGDOM
MATTHEWS JOHN
UNITED KINGDOM
MAXAIR (NIGERIA)
NIGERIA
MAZAMA FINANCE
UNITED STATES
MBI AVIATION
UNITED STATES
MCAIR SERVICES
UNITED KINGDOM
MCAP EUROPE LTD
IRELAND
MCCAIN FOODS
CANADA
MCDONALD'S CORP
UNITED STATES
MCNEELY CHARTER SVC
UNITED STATES
MDL CONSULTING ASSOCIATES LLC
UNITED STATES
MEDIA CONSULTING SERVICES
UNITED STATES
MELLON BANK
UNITED STATES
MERIDIAN (GHANA)
GHANA
MERLIN AVIATION
SWITZERLAND
METEOR AERO LIMITED
UNITED STATES
METRO JET USA
UNITED STATES
MGM MIRAGE
UNITED STATES
MIDAMERICAN ENERGY
UNITED STATES
MIDROC AVIATION
SAUDI ARABIA
MIDWEST AVIATION NE
UNITED STATES
MID ROC LEASING
SAUDI ARABIA
MID SOUTH AVIATION
UNITED STATES
MID SOUTH JETS INC
UNITED STATES
MIG RUSSIAN AIRCRAFT
RUSSIAN FEDERATION
MILLION AIR CHARTER
UNITED STATES
MIL UK RAF
UNITED KINGDOM
MINERALOGY PTY LTD.
UNITED STATES
MINNESOTA CHOICE AVIATION IV LLC
UNITED STATES
MOBYHOLD LIMITED
UNITED KINGDOM
MODERN ROAD MAKERS
INDIA
MOELIS & COMPANY MANAGER LLC
UNITED STATES
MONACO SPORTS MNGMT
UNITED KINGDOM
MONARCH AIRLINES LTD
UNITED KINGDOM
MONSANTO
UNITED STATES
MORGAN STANLEY MGMT
UNITED STATES
MORGAN'S MACHINE
UNITED STATES
MOTCOMB ESTATES LTD
CAYMAN ISLANDS
MOTOROLA AUSTIN TX
UNITED STATES
MOTOROLA MOBILITY
UNITED STATES
MOUNTAIN AVTN LTD
UNITED KINGDOM
MP Air, Inc.
UNITED STATES
MP AVIATION LLP
UNITED KINGDOM
MSF AVIATION
CAYMAN ISLANDS
MULTIFLIGHT LTD
UNITED KINGDOM
MURRAY AIR
UNITED KINGDOM
MURRAY AIR LTD
MALTA
MVOC
UNITED STATES
MWM AG
SWITZERLAND
MW AVIATION GMBH
GERMANY
MYSKY LLP
UNITED KINGDOM
M C Group
UNITED STATES
National Gypsum Company
UNITED STATES
New Orion Air Group
UNITED STATES
NextEra Energy Inc.
UNITED STATES
Noble Services Switzerland, LLC
UNITED STATES
Nordstrom, Inc.
UNITED STATES
Norfolk Southern Corp.
UNITED STATES
NAC AVIATION
UNITED KINGDOM
NASA
UNITED STATES
NASCAR, Inc.
UNITED STATES
NATIONAL AIR CARGO GROUP INC
UNITED STATES
NATIONAL AVTN COMP.
INDIA
NATIONAL JETS
UNITED STATES
NATIONWIDE MUTUAL
UNITED STATES
NATURAL ENVIRONMENT
UNITED KINGDOM
NCC SERVICES
UNITED STATES
NEBULA III LTD UAE
UNITED ARAB EMIRATES
NEPTUNE AVTN SVCS
UNITED STATES
NETJETS AVIATION INC
UNITED STATES
NEWS AMERICA INC
UNITED STATES
NEW PRIME INC
UNITED STATES
NIGERIAN EAGLE AIRLINES
NIGERIA
NOBLE FOODS LIMITED
UNITED KINGDOM
NOCLAF LIMITED
UNITED KINGDOM
NOK AIR
THAILAND
NORLEASE INC
UNITED STATES
NORTH AMER JET LLC
UNITED STATES
NORTH CARIBOO FLYING
CANADA
NOVA CORPORATE SVCS
UNITED KINGDOM
NOVOAIR LTD
BANGLADESH
NOW PRESENCE LLC
UNITED STATES
NS Aviation
BERMUDA
NS AVIATION LTD
UNITED KINGDOM
NS Falcon
BERMUDA
N14FX TRUST C/O WILMINGTON TRUST CO
UNITED STATES
N526EE
UNITED STATES
N700GB
UNITED STATES
N846QM
UNITED STATES
N941AM
UNITED STATES
Ocean Sky Aircraft Mamagement LTD
UNITED KINGDOM
Olayan Financing Company
SAUDI ARABIA
Operadora de Vuelos Ejecutivas, S.A. de C.V.
MEXICO
Operator using TAIL NB: VPCBA
SWITZERLAND
Orient Wonder Internationl Ltd.
BERMUDA
Osmotica Leasing LLC
UNITED STATES
OAKLR Aviation Services LLC
UNITED STATES
OAKMONT
UNITED STATES
OASIS SERVICES
UNITED STATES
OCEAN SKY AVIATION
UNITED KINGDOM
OCEAN SKY (TURKEY)
TURKEY
ODENGENE AIR SHUTTLE
NIGERIA
OMAN AIR
OMAN
OMAN ROYAL FLIGHT
OMAN
OMNICARE MANAGEMENT
UNITED STATES
ONCAM AVIATION LTD
UNITED KINGDOM
ONUR AIR
TURKEY
ON TIME AVTN
UNITED STATES
OPA LLC
UNITED STATES
OPEN ROAD AIRWAYS
UNITED STATES
ORANTO PETROLEUM
NIGERIA
ORION AIR PTE
SINGAPORE
ORION ENTERPRISES
CAYMAN ISLANDS
ORYX JET LTD
UNITED KINGDOM
OSPREY AIR LEASE LLC
UNITED STATES
OTO Development, LLC
UNITED STATES
OVIATION ASSET
SWITZERLAND
Pacific Jet Aviation, LLC
UNITED STATES
Pacific Stream
UNITED KINGDOM
Palm Beach Aviation, Inc.
UNITED STATES
Paramount Pictures Corporation
UNITED STATES
Park Rise Investments Ltd.
VIRGIN ISLANDS, BRITISH
Peabody Energy
UNITED STATES
Pegasus South, LLC
UNITED STATES
Pfizer Inc.
UNITED STATES
Pilante Limited
VIRGIN ISLANDS, BRITISH
Pilgrim Air
UNITED STATES
Pilot Corporation
UNITED STATES
Pinjet Aviation, LLC
UNITED STATES
Powdr Aviation, Inc
UNITED STATES
Prime Aviation
SINGAPORE
Professional Jet Management, Inc.
UNITED STATES
Pro Flite LLC d/b/a Zen Air LLC
UNITED STATES
PAKISTAN INTERNATIONAL AIRLINES
PAKISTAN
PALACE INTL
UNITED KINGDOM
PALM BEACH AVTN INC
UNITED STATES
PALM TREE AVIATION
BERMUDA
PAMIR AIRWAYS
AFGHANISTAN
PAM Management Serv. LLC
UNITED STATES
PAN ASIA MANAGEMENT
SINGAPORE
PAN MARITIME LTD
UNITED KINGDOM
PARAGON GLOBAL FLT S
UNITED KINGDOM
PARAMOUNT ARG INC
UNITED STATES
PARKRIDGE AVIATION
UNITED KINGDOM
PARK HOUSE AVTN LTD
BERMUDA
PASCAN EXPRESS INC
CANADA
PATRONUS AVIATION
VIRGIN ISLANDS, BRITISH
PATTISON AIRWAYS
CANADA
PAULICOPTER CIA
BRAZIL
PB AIR LLC
UNITED STATES
PD AIR OPERATION LTD
GERMANY
PEAKVIEW LLC
UNITED STATES
PEAK ENTERPRISES LLC
UNITED STATES
PEARSONS ASSETS GRP
SINGAPORE
PEGASUS ELITE AVTN
UNITED STATES
PENSKE JET, INC.
UNITED STATES
PERFECT 10 ANTENNA
UNITED STATES
PERINI CORP
UNITED STATES
PEROLUX SARL
LUXEMBOURG
PETTERSON DON
UNITED STATES
PGI AVIATION INC
UNITED STATES
PHELPS DODGE CORP
UNITED STATES
PHILADELPHIA JET SVC
UNITED STATES
PILOT INTERNATIONAL2
UNITED KINGDOM
PINNACLE OPERATIONS
UNITED STATES
PLANES AND PARTS
CANADA
POLET
RUSSIAN FEDERATION
POLYGON AIR
UNITED STATES
POOL AVIATION NW LTD
UNITED KINGDOM
POTASH CORP (2)
CANADA
PPD Development, LLC
UNITED STATES
PPL AVIATION LLC
UNITED STATES
PRESIDENTIAL FLT UAE
UNITED ARAB EMIRATES
PRESTBURY TWO
UNITED KINGDOM
PRESTIGE INTL HOLDIN
UNITED ARAB EMIRATES
PRESTIGE JET RENTAL
UNITED ARAB EMIRATES
PRESTIGE JP LTD
UNITED KINGDOM
PRIMEVALUE TRADING
CANADA
PRIME AIR SVCS LTD
NIGERIA
PRIME JET (CO)
UNITED STATES
PRIME LEGACY MGMT
UNITED STATES
PRIVATE AIRCRAFT INT
ISRAEL
PRIVATE JET GROUP
LEBANON
PRIVILEGE AIRWAYS
INDIA
PROCTER&GAMBLE
UNITED STATES
PROFESSIONAL JET III LLC
UNITED STATES
PROPINVEST ASSET MGM
UNITED KINGDOM
PTB (EMERALD) PTY
UNITED KINGDOM
PUNJ LLOYD
INDIA
PUNJ LLOYD PTE LTD
INDIA
P.M. AIR
CANADA
QANTAS AIRWAYS
AUSTRALIA
QATAR AIRWAYS
QATAR
QATAR EXECUTIVE
QATAR
QUADRA AVIATION LP
UNITED KINGDOM
QUALCOMM
UNITED STATES
QWEST COMMUNICATIONS
UNITED STATES
Rampart Aviation
UNITED STATES
Raytheon Company
UNITED STATES
Red White & Blue Pictures, Inc.
UNITED STATES
Regions Financial Corporation
UNITED STATES
Russian Copper Company Holdings Ltd.
RUSSIAN FEDERATION
RABBIT RUN
UNITED STATES
RADCOOL INVESTMENTS
SOUTH AFRICA
RAVELLO ENTERPRISES
UNITED STATES
RAVENHEAT MANUFACTRG
UNITED KINGDOM
RC AVIATION LLP
UNITED STATES
RDV PROPERTIES (ARC)
UNITED STATES
REDWOOD AVTN CO.
UNITED STATES
RED HAWK AVIATION LLC
UNITED STATES
RED LINE AIR LLC
UNITED STATES
RELATIONAL INVESTORS
UNITED STATES
REMO INVESTMENTS
UNITED KINGDOM
REYNOLDS JET MGMT
UNITED STATES
RICHARD HAYWARD
UNITED KINGDOM
RICHMOND AMERICAN
UNITED STATES
RICHMOR AVIATION
UNITED STATES
RIVERSIDE AVIATION LLC
UNITED STATES
RIZON JET UK LTD
UNITED KINGDOM
RJR WINSTON SALEM
UNITED STATES
RL WINGS LLC
UNITED STATES
ROBINSON AVTN
UNITED STATES
ROCKWELL COLLINS
UNITED STATES
ROCKWELL COLLINS LLC
UNITED STATES
ROCK AIR LTD
SAUDI ARABIA
ROCK-TENN COMPANY
UNITED STATES
ROSS INVESTMENTS
UNITED STATES
ROWLEY M
UNITED KINGDOM
ROYAL BANK SCOTLAND
UNITED KINGDOM
ROYAL BRUNEI
BRUNEI DARUSSALAM
ROYAL JET
UNITED ARAB EMIRATES
ROYAL JORDANIAN AIRLINES
JORDAN
RP AVIATION
UNITED STATES
RUNWAY ASSET MNGT
SOUTH AFRICA
R & G AVIATION LLC
UNITED STATES
R. Lacy Services, LTD.
UNITED STATES
Sails In Concert, Inc.
UNITED STATES
Samaritan's Purse
UNITED STATES
SanRidge Operating Company
UNITED STATES
Sioux Company Ltd
SWITZERLAND
Skyflight
UNITED STATES
Sky Aviation LTD.
GIBRALTAR
Sky Aviation Services
UNITED ARAB EMIRATES
Snapper Consulting Inc.
BRAZIL
Space Exploration
UNITED STATES
Spitfire USA Limited
UNITED STATES
Starbucks Corporation
UNITED STATES
Starwood Asset Management, LLC
UNITED STATES
Sterling Aviation LLC
UNITED STATES
SAGA AIRLINES
TURKEY
SAGITTA LLC
UNITED STATES
SAM FLIER SERVICES
UNITED STATES
SANTOS DUMONT LTD
IRELAND
SAPOFINA AVTN LTD.
VIRGIN ISLANDS, BRITISH
SAVANNAH AVIATION
UNITED STATES
SA EXPRESS AIRWAYS
SOUTH AFRICA
SCANDI AIRLEASING
SWEDEN
SCB Falcon, LLC
UNITED STATES
SCOTTISH & NEWCASTLE
UNITED KINGDOM
SEAFLIGHT AVTN
BERMUDA
SEAGRAVE AVIATION
UNITED STATES
SEENO CONSTRUCTION
UNITED STATES
SELA HOLDING COMPANY LTD
SAUDI ARABIA
SELECT PLANT HIRE
UNITED KINGDOM
SETON DAVID
KENYA
SEVCS AEREOS ILSA
MEXICO
SGSF Capital Venture LLC
UNITED STATES
SG FINANS AS
NORWAY
SHAMROCK AVTN NJ
UNITED STATES
SHANGHAI DEER JET
CHINA
SHARJAH RULERS FLT
UNITED ARAB EMIRATES
SHAW COMMUNICATIONS
CANADA
SHAW WALLACE
INDIA
SHEARWATER AIR
UNITED STATES
SHERIDAN AVTN
UNITED STATES
SHUKRA
UNITED KINGDOM
SIAREX SOCIETY INC
UNITED STATES
SIBITI 1 INC
BELIZE
SIEBEL SYSTEMS UK
UNITED KINGDOM
SIERRA AVIATION LP
UNITED STATES
SIERRA STELLAR
UNITED STATES
SIGNAL AVIATION LTD
UNITED KINGDOM
SILVER AIR 2
UNITED STATES
SINGAPORE AIRLINES
SINGAPORE
SITM JET LTD
UNITED KINGDOM
SIXT
GERMANY
SKA INTERNATIONAL
UNITED ARAB EMIRATES
SKIVA AIR
ARMENIA
SKYBIRD AIR LTD
NIGERIA
SKYBLUE AVIATION
UNITED KINGDOM
SKYBUS INC
UNITED STATES
SKYBUS LLC
UNITED STATES
SKYDRIFT LTD
UNITED KINGDOM
SKYEXPRESS JSC
RUSSIAN FEDERATION
SKYFORCE AVIATION
AUSTRALIA
SKYHOPPER
UNITED KINGDOM
SKYJET AVIATION SVCS
NIGERIA
SKYLINE ENTERPRISES
UNITED STATES
SKYPLAN FZC
UNITED ARAB EMIRATES
SKYSERVICE BUSINESS
CANADA
SKYSTEAD
UNITED ARAB EMIRATES
SKYTRAVEL LLC
UNITED STATES
SKYWAYAERO INC.
UNITED STATES
SKYWAY RUSSIA
RUSSIAN FEDERATION
SKYWORKS CAPITAL
UNITED STATES
SKY AERONAUTICAL
IRELAND
SKY AVIATION
SAUDI ARABIA
SKY BEYOND HOLDINGS
SINGAPORE
SKY UNLIMITED WEZUP
NETHERLANDS
SK TELECOMM
KOREA, REPUBLIC OF
SLEEPWELL AVTN
UNITED KINGDOM
SOBHA PURAVANKARA
INDIA
SOLYOM HUNGARIAN
HUNGARY
SONY AVIATION
UNITED STATES
SOPHAR PROPERTY
VIRGIN ISLANDS, BRITISH
SOUTHERN AVTN SVCS
UNITED STATES
SOUTHERN CROSS AV FL
UNITED STATES
SOUTH AFRICAN AIRWAYS
SOUTH AFRICA
SOUTH AFR. BREWERIES
SOUTH AFRICA
SPC AVIATION LTD
UNITED KINGDOM
SPECIAL OPS LTD.
SAUDI ARABIA
SPECSAVERS AVTN
UNITED KINGDOM
SPORTSMENS AVTN GRP
UNITED STATES
SPX CORPORATION
UNITED STATES
SRILANKAN AIRLINES
SRI LANKA
STANDARD & POORS
UNITED STATES
STARS AWAY AVIATION
SOUTH AFRICA
STAR AERO HOLDINGS
UNITED STATES
STAR AVIATION SRVCS
UNITED ARAB EMIRATES
STAR PERU
PERU
STA (2006) LLP
UNITED KINGDOM
STC BERMUDA LTD.
EGYPT
STEPHEN R. LLOYD
UNITED KINGDOM
STIRLING AVTN
UNITED KINGDOM
STOCKHOLM AIRCRAFT
NETHERLANDS
STULLER SETTINGS
UNITED STATES
ST AVIATION
UNITED STATES
ST MERRYN AIR
UNITED KINGDOM
SUBPRICE
UNITED KINGDOM
SUCKLING AIRWAYS (CAMBRIDGE) LTD T/A SCOTAIRWAYS
UNITED KINGDOM
SUMMIT AVTN USA 2
UNITED STATES
SUNCOR ENERGY
CANADA
SUNTRUST EQUIPMENT FINANCE & LEASING CORP
UNITED STATES
SUNWING AIRLINES
CANADA
SUN TV NETWORK
INDIA
SUREWINGS
UNITED KINGDOM
SUZUKI DEL CARIBE
PUERTO RICO
SVCS AEREOS DENIM
MEXICO
SWAGELOK
UNITED STATES
SWEDEWINGS AB
SWEDEN
SWISS
SWITZERLAND
SWISS PRIVATE AVTN
SWITZERLAND
SYBERJET AIRCRAFT
UNITED STATES
SYMPHONY MILLENIUM
BERMUDA
SYRIAN ARAB AIRLINES
SYRIAN ARAB REPUBLIC
S ANGOLA
ANGOLA
S BOTSWANA
BOTSWANA
S BRUNEI SULTAN
BRUNEI DARUSSALAM
S PRESIDENT SUDAN
SUDAN
S TANZANIA
TANZANIA, UNITED REPUBLIC OF
Target corporation
Unknown
Tendencia Asset Management
CAYMAN ISLANDS
Tesoro Aviation Company
UNITED STATES
Tetran Assets Ltd.
VIRGIN ISLANDS, BRITISH
The Boeing Company
UNITED STATES
The Private Jet Company
UNITED KINGDOM
The Richard E. Jacobs Group, LLC
UNITED STATES
The Whitewind Company US
UNITED STATES
Tillford Limited
BERMUDA
Top Delight Worldwide Ltd
VIRGIN ISLANDS, BRITISH
Tour Air, Inc.
UNITED STATES
Translatin S.A.
UNITED STATES
Triple A Aviation SA
LUXEMBOURG
Truman Arnold Companies
UNITED STATES
Tyremax Pty Ltd
AUSTRALIA
Ty-Tex Exploration Inc.
UNITED STATES
TAG AVIATION UK LTD
UNITED KINGDOM
TAIL WIND LTD.
SINGAPORE
TAK AVIATION
UNITED STATES
TAK SERVICES LTD AVV
JORDAN
TAMPA BAY AIRLINES LLC C/O BLUMBERGEXCELSIOR CORP
UNITED STATES
TARRANT ADVISORS
UNITED STATES
TAS CORP
UNITED STATES
TAUBMAN
UNITED STATES
TAYLOR ENERGY COMPANY LLC
UNITED STATES
TCC AIR SERVICES INC
UNITED STATES
TEAM AERO
UNITED STATES
TEAM VIPER
UNITED KINGDOM
TECHSUPPORT
GERMANY
TEKLOC
UNITED STATES
TELUS COMMUNICATIONS
CANADA
TEMPEST CAPITAL
UNITED KINGDOM
TEMPUS JETS INC
UNITED STATES
TENACIOUS ADVENTURES
UNITED STATES
TESCO STORES LTD
UNITED KINGDOM
TEXAS AVTN SALES&LSN
UNITED STATES
TEXTRON
UNITED STATES
THOMAS COOK AIRLINES LTD
UNITED KINGDOM
THOMAS ENTERPRISES
UNITED STATES
THOMAS William H.
UNITED STATES
THOMAS & BETTS
UNITED STATES
THOMSON AIRWAYS LTD
UNITED KINGDOM
THUNDER AIR UK LTD
UNITED KINGDOM
THUN AB
SWEDEN
TIDEWATER
UNITED STATES
TITAN AIRWAYS LTD
UNITED KINGDOM
TNT EXPRESS (UK)
UNITED KINGDOM
TOKECO INCORPORATED
UNITED STATES
TOP ACES INC
CANADA
TOP AIRCRAFT
UNITED STATES
TOUCHDOWN AVIATION
UNITED KINGDOM
TOWER HOUSE CONSULTS
UNITED KINGDOM
TOWN & COUNTRY FOOD
UNITED STATES
TPG AVIATION
SOUTH AFRICA
TP AERO
UNITED STATES
TRANSCONT. WINGS
VIRGIN ISLANDS, BRITISH
TRANSMERIDIAN AVTN
UNITED STATES
TRANSWORLD AV TRADE
UNITED KINGDOM
TRANS CAN PIPELINES
CANADA
TRANS EURO AIR
UNITED KINGDOM
TRAVELERS INDEMNITY CO
UNITED STATES
TREK-AIR B.V.
NETHERLANDS
TRIDENT JET JERSEY
UNITED KINGDOM
TRIDENT LEASING
IRELAND
TRIDENT PETROLEUM
EGYPT
TRIMEL INVESTMENT
UNITED STATES
TRINITY AVIATION LTD
UNITED KINGDOM
TRIPLE S AVIATION LLC
UNITED STATES
TRUSTAIR LTD
UNITED KINGDOM
TRYGON LTD
UNITED KINGDOM
TUCK AVIATION
UNITED STATES
TUDOR INVESTMENTS
UNITED STATES
TURKMENISTAN
TURKMENISTAN
TWINWOOD TRANSPORT.
CAYMAN ISLANDS
TW AIR
BERMUDA
Unisys Corporation
UNITED STATES
United Airlines, Inc.
UNITED STATES
Universal Weather and Aviation, Inc.
UNITED STATES
UGANDA EXEC FLIGHT
UGANDA
UIM AIRCRAFT
UNITED STATES
UNIQE AIR (UK)
UNITED KINGDOM
UNITED AIRWAYS (BD)
BANGLADESH
UNITED COMPANY THE
UNITED STATES
UNITED CONSTRUCTION
TURKEY
UNITED WEST AIRLINES
UNITED STATES
UNIV AVN MIDDLE EAST
UNITED ARAB EMIRATES
USA JET AIRLINES 3
UNITED STATES
US Bank NA Trustee
UNITED STATES
US MARSHALS SERVICE
UNITED STATES
UTFLIGHT
UNITED STATES
UZBEKISTAN AIRWAYS
UZBEKISTAN
Vale S/A
BRAZIL
Vulcan Materials Company
UNITED STATES
VALEANT PHARMACEUT
UNITED STATES
VALERO SERVICES, INC
UNITED STATES
VEDANTA ALUMINA LTD
INDIA
VERHILL CORPORATE
VIRGIN ISLANDS, BRITISH
VERIZON CORPORATE SERVICES GROUP
UNITED STATES
VICIS CAPITAL L.L.C
UNITED STATES
VIPER AVIATION LLC
UNITED STATES
VIPJET LIMITED
IRELAND
VIRGIN ATLANTIC AIRWAYS LTD
UNITED KINGDOM
VLF CREW SERVICES
UNITED STATES
VMD AVIATION
UNITED STATES
VOLITO AVIATION DEUX
SWEDEN
V1 FLT SUP. INTL
UNITED STATES
Waco Air Supply
UNITED STATES
Wayne A Reaud
UNITED STATES
Western Air Charter Inc
UNITED KINGDOM
Westfield Aviation Inc
AUSTRALIA
Weyerhaeuser Company
UNITED STATES
Wichita Air Services, Inc.
UNITED STATES
Windsor Media Inc.
UNITED STATES
Windway Capital Corp
Unknown
Worldwide Aircraft Holding Company
Unknown
Worldwide Business Jets Corp
UNITED STATES
World Harvest Church Flight Operations
UNITED STATES
World Noble Limited Cayman Island
VIRGIN ISLANDS, BRITISH
WALLAN AVIATION 2
SAUDI ARABIA
WAL-MART STORES
UNITED STATES
WARNER ROAD AVTN
UNITED STATES
WARWICKSHIRE BLUE
UNITED KINGDOM
WAR ENTERPRISES
UNITED STATES
WASTE MANAGEMENT, INC
UNITED STATES
WATSCO HOLDINGS INC
UNITED STATES
WAYLOCK GLOBAL LTD
BAHAMAS
WA DEVELOPMENTS
UNITED KINGDOM
WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION
UNITED STATES
WELLS FARGO BANK (2)
UNITED STATES
WESTAIR FLYING
UNITED KINGDOM
WESTERN AIR CHTR KX
UNITED STATES
WESTFIELD LLC
UNITED STATES
WESTLAND
UNITED KINGDOM
WESTSHORE AVTN MGMT
UNITED STATES
WESTSTAR AVTN SVCS
MALAYSIA
WHITE CLOUD
UNITED STATES
WHITE MOUNTAIN AVTN
UNITED STATES
WHITE ROSE AVTN
UNITED STATES
WILDERNESS POINT ASS
UNITED STATES
WILKEN AVIATION
KENYA
WILLIAMS COMPANIES
UNITED STATES
WILLIAMS GRAND PRIX
UNITED KINGDOM
WILLIS LEASE FINANCE CORP
UNITED STATES
WILMINGTON TRUST(EI)
IRELAND
WILPOT LIMITED
UNITED KINGDOM
WINCOR AVIATION
UNITED KINGDOM
WINDSOR JET MNGT
UNITED STATES
WINGED BULL AVIATION
UNITED KINGDOM
WING AVTN CHTR SVC
UNITED STATES
WING AVTN USA
UNITED STATES
WINNEPEG C/O REYES
UNITED STATES
WIN AVIATION LTD.
UNITED KINGDOM
WIV AIR-2 LLC
UNITED STATES
WOOD J M
UNITED KINGDOM
WORLD IS YOURS
UNITED KINGDOM
WORTHINGTON INDUSTRY
UNITED STATES
WYNDHAM WORLDWIDE
UNITED STATES
Xerox Corporation
UNITED STATES
XAMEX INVESTMENTS
UNITED STATES
XIAMEN AVIATION AVV
RUSSIAN FEDERATION
YAAS
UNITED STATES
YH AVIATION LTD
SWITZERLAND
YUM RESTAURANT SVCS
UNITED STATES
Zachry Industrial Inc.
UNITED STATES
Ziff Brothers Investment, LLC
UNITED STATES
Zimmer Inc.
UNITED STATES
Zoe Air
SOUTH AFRICA
ZAMIN AVIATION LTD
UNITED KINGDOM
ZC Aviation
UNITED STATES
ZENITH CAPITAL LTD
SWITZERLAND
ZENITH INSURANCE COMPANY
UNITED STATES
ZENO AIR
UNITED STATES
ZEST AVIATION PVT
INDIA
ZWEITE XR-GMBH
GERMANY
19TH HOLE CORP
UNITED KINGDOM
3M COMPANY
UNITED STATES
350 S.R.O.
SLOVAKIA
411LF LLC
UNITED STATES
51 NORTH LIMITED
UNITED KINGDOM
57 AVIATION SERVICES LLC
UNITED STATES
711 CODY INC
UNITED STATES
73MR LLC
UNITED STATES
994748 ONTARIO INC
CANADA
a11749
Operator using TAIL NB: CFLHQ
Unknown
a11758
Operator using TAIL NB: GOCSE
Unknown
a11482
Operator using TAIL NB: N192NC
Unknown
a11485
Operator using TAIL NB: N22NG
Unknown
a11486
Operator using TAIL NB: N254GA
Unknown
a11743
Operator using TAIL NB: N289MU
Unknown
a11493
Operator using TAIL NB: N44EG
Unknown
a11494
Operator using TAIL NB: N450LC
Unknown
a11499
Operator using TAIL NB: N588AT
Unknown
a11507
Operator using TAIL NB: N86LF
Unknown
a12844
Operator using TAIL NB: N886DT
UNITED STATES
a11513
Operator using TAIL NB: N928GC
Unknown
a11518
Operator using TAIL NB: N995BE
Unknown
a12656
Operator using TAIL NB: VPCBY
CAYMAN ISLANDS
a11538
Operator using TAIL NB: VPCJM
Unknown
a11540
Operator using TAIL NB: VPCRO
Unknown
a11544
Operator using TAIL NB: VQBAM
Unknown
a12914
Operator using TAIL NB: VTDHA
INDIA
a11747
Operator using TAIL NB: VTRAK
Unknown
a12916
Operator using TAIL NB: WW1
Unknown
a12924
Operator using TAIL NB: XARGB
MEXICO
a11761
Operator using TAIL NB: VPBMM
Unknown |
14.5.2014
EN
Official Journal of the European Union
L 139/1
COMMISSION DELEGATED REGULATION (EU) No 492/2014
of 7 March 2014
supplementing Regulation (EU) No 528/2012 of the European Parliament and of the Council as regards the rules for the renewal of authorisations of biocidal products subject to mutual recognition
(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 the first paragraph of Article 40 thereof,
Whereas:
(1)
It is appropriate to lay down supplementary rules for the renewal of national authorisations having been subject to mutual recognition in accordance with Article 4 of Directive 98/8/EC of the European Parliament and of the Council (2) or with Articles 33 and 34 of Regulation (EU) No 528/2012, both in the Member States where the first authorisations were granted and in those Member States having granted authorisations through mutual recognition of the first authorisations.
(2)
In order to avoid unnecessary duplication of work and to ensure consistency, renewal of authorisations having been subject to mutual recognition should in the first place be managed by the competent authority of one single reference Member State. In order to provide flexibility to applicants and competent authorities, the applicant should have the opportunity to choose the reference Member State subject to the latter's agreement.
(3)
In order to facilitate the smooth running of the procedure and the tasks to be carried out by the competent authorities, the scope of this Regulation should be limited to those authorisations having, apart from limited exceptions, the same terms and conditions in all the Member States at the time of the application for renewal. For other national authorisations, an application for renewal should be submitted to the Member State in question in accordance with Article 31 of Regulation (EU) No 528/2012.
(4)
The content of an application for renewal of a national authorisation is specified under Article 31 of Regulation (EU) No 528/2012. However, for applications for renewal of national authorisations granted on the basis of mutual recognition, the content of the application should be further specified, in particular to facilitate the work of the Member States involved in the renewal of these authorisations.
(5)
To take into account the workload associated with the evaluation, the time allowed for processing an application should depend on whether or not a full evaluation needs to be performed.
(6)
In order to provide the same level of protection when an authorisation is renewed as when it is first granted, the maximum validity of the renewed authorisations should not exceed that of the initial authorisations. In addition, phasing-out provisions for the existing products on the market of Member States should be set for those authorisations for which an application for renewal is not submitted or is rejected.
(7)
It is appropriate to refer any disagreement in the evaluation of renewal applications to the coordination group established under Regulation (EU) No 528/2012 for the purpose of examining disagreements relating to product authorisation, and to allow derogations from mutual recognition based on the general grounds for such derogations laid down in Article 37 of that Regulation.
(8)
In order to bring further predictability, guidelines on the details related to the handling of renewals should be developed by the Agency and regularly updated on the basis of experience and scientific or technical progress,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation lays down rules for the renewal of a national authorisation of a biocidal product or a biocidal product family that has been subject to mutual recognition in accordance with Article 4 of Directive 98/8/EC or with Articles 33 and 34 of Regulation (EU) No 528/2012, or of a national authorisation granted through such mutual recognition (hereinafter referred to as an ‘authorisation’).
2. This Regulation shall apply to authorisations having the same terms and conditions at the time of the application for renewal in all the Member States where the renewal is sought.
3. This Regulation shall also apply to authorisations having different terms and conditions on one or more of the following aspects:
(a)
concerning merely information which can be the subject of an administrative change in accordance with Commission Implementing Regulation (EU) No 354/2013 (3);
(b)
derived from an adjustment of the initial authorisation based on the second and third subparagraphs of Article 4(1) of Directive 98/8/EC;
(c)
established by a Commission Decision adopted either in accordance with Article 4(4) of Directive 98/8/EC or in accordance with Article 37(2)(b) of Regulation (EU) No 528/2012;
(d)
derived from an agreement with the applicant under the first subparagraph of Article 37(2) of Regulation (EU) No 528/2012, or from equivalent agreements reached when implementing the provisions of Article 4 of Directive 98/8/EC.
Article 2
Content of the application
1. An application for renewal of an authorisation shall be made by using the application form available from the Register for Biocidal Products and shall contain the following:
(a)
the name of the Member State which evaluated the initial application for authorisation or, where relevant, the Member State having been chosen by the applicant together with written confirmation that the Member State agrees to be responsible for the evaluation of the application for renewal (hereinafter referred to as the ‘reference Member State’);
(b)
a list of all other Member States where the renewal of an authorisation is sought (hereinafter the ‘Member States concerned’), which shall also include the numbers of the authorisations granted by the reference Member State and the Member States concerned;
(c)
confirmation from the applicant that those authorisations fall within the scope of this Regulation as provided for by Article 1(2) and (3);
(d)
all relevant data required under Article 31(3)(a) of Regulation (EU) No 528/2012 that the applicant has generated since the initial authorisation or, as appropriate, previous renewal, unless those data have already been submitted to the Agency in the required format;
(e)
a draft summary of the biocidal product characteristics containing the information required under Article 22(2) of Regulation (EU) No 528/2012, in the official languages of the reference Member State and of the Member States concerned which, where relevant, may differ between Member States in accordance with Article 1(3) of this Regulation;
(f)
the applicant's assessment of whether the conclusions of the initial or previous assessment of the biocidal product or biocidal product family remain valid, including a critical review of any information notified in accordance with Article 47 of Regulation (EU) No 528/2012, including any supporting information to that assessment where it is not already available on the Register for Biocidal Products.
2. For the purposes of paragraph 1(d), where applicable, the application for renewal of an authorisation shall also contain:
(a)
a list of the actions to be completed by the authorisation holder according to the conditions for the validity of the authorisation in any Member State and confirmation that these actions have been completed;
(b)
a list of the decisions on changes agreed by any Member State before 1 September 2013;
(c)
a list of the decisions on changes agreed by any Member State in accordance with Implementing Regulation (EU) No 354/2013;
(d)
a list of the notifications or applications for changes submitted to any Member State in accordance with Implementing Regulation (EU) No 354/2013, which are pending at the time of the submission of the application for renewal.
The competent authority of the reference Member State may, for the purposes of the evaluation of the application, request the submission of a copy of the decisions referred to in points (b) and (c).
Article 3
Submission and validation of the application
1. An applicant wishing to seek the renewal of an authorisation by or on behalf of an authorisation holder (hereinafter ‘the applicant’) shall submit an application to the competent authority of the reference Member State at least 550 days before the expiry date of the authorisation.
2. The applicant shall, at the same time when submitting the application to the reference Member State, submit to the competent authorities of the Member States concerned an application for renewal of the authorisations granted in those Member States.
3. The competent authorities of the reference Member State and of the Member States concerned shall inform the applicant of the fees payable under Article 80 of Regulation (EU) No 528/2012 and shall reject the application if the applicant fails to pay the fees within 30 days. They shall inform the applicant and the other competent authorities accordingly.
4. Upon receipt of those fees, the competent authorities of the reference Member State and of the Member States concerned shall accept the application and inform the applicant indicating the dates of acceptance.
5. Within 30 days of the acceptance in the reference Member State, that Member State shall validate the application if it contains all the relevant information referred to in Article 2. The reference Member State shall inform the applicant and the Member States concerned accordingly.
When validating the application, the reference Member State shall not make an assessment of the quality or adequacy of the data or justifications submitted.
6. Within 30 days of acceptance by a Member State concerned, that Member State shall verify whether the authorisation falls within the scope of this Regulation as provided for by Article 1(2) and (3).
Where the authorisation does not fall within the scope of this Regulation, the competent authority in the Member State concerned shall process the application as an application submitted in accordance with Article 31(1) of Regulation (EU) No 528/2012 and it shall inform the applicant and the competent authorities in other Member States accordingly.
7. Where the competent authority of the reference Member State considers that the application is incomplete, it shall require additional information for the validation of the application from the applicant and shall set a reasonable time limit for the submission of that information. The time limit shall not normally exceed 90 days.
The competent authority of the reference Member State shall, within 30 days of receipt of the additional information, validate the application if the additional information is sufficient for the application to comply with the requirements laid down in Article 2.
The competent authority of the reference Member State shall reject the application if the applicant fails to submit the required information within the deadline and shall inform the applicant and the Member States concerned accordingly.
Article 4
Evaluation of the application
1. On the basis of an assessment of the available information and in the light of current scientific knowledge, the competent authority of the reference Member State shall, within 90 days of validating the application, decide whether a full evaluation of the application for renewal is necessary.
2. Where a full evaluation is necessary, the competent authority of the reference Member State shall draft an assessment report, following the procedure and timelines set out in Article 30 of Regulation (EU) No 528/2012. The assessment report shall conclude on whether the conditions for granting the authorisation set out in Article 19 of that Regulation are still satisfied, and take into account the results of the comparative assessment carried out in accordance with Article 23 of that Regulation, where appropriate.
Without prejudice to the first subparagraph of Article 30(2) of Regulation (EU) No 528/2012, the assessment report and the draft summary of biocidal product characteristics shall be sent to the Member States concerned and to the applicant within 365 days of validating the application.
3. Where a full evaluation is not necessary, the reference Member State shall draft an assessment report, following the procedure laid down in points (a), (b) and (c) of Article 30(3) of Regulation (EU) No 528/2012. This report shall conclude on whether the conditions for granting the authorisation set out in Article 19 of that Regulation are met, and take into account the results of the comparative assessment carried out in accordance with Article 23 of that Regulation, where appropriate.
The assessment report and the draft summary of biocidal product characteristics shall be sent to the Member States concerned and to the applicant within 180 days of validating the application.
Article 5
Decision on renewal
1. Within 90 days of receipt of the assessment report and the draft summary of biocidal product characteristics, and subject to Article 6, the Member States concerned shall agree on the summary of biocidal product characteristics, with the exception, where relevant, of the differences referred to in Article 1(3)(a), and shall record their agreement in the Register for Biocidal Products.
The reference Member State shall enter the agreed summary of biocidal product characteristics and the final assessment report in the Register for Biocidal Products, together with any agreed terms or conditions imposed on the making available on the market or use of the biocidal product or biocidal product family.
2. Within 30 days of reaching agreement, the reference Member State and each of the Member States concerned shall renew the authorisations in conformity with the agreed summary of biocidal product characteristics.
Without prejudice to the provisions of Article 23(6) of Regulation (EU) No 528/2012, the authorisation shall be renewed for a maximum period of 10 years.
3. Without prejudice to Article 7, where no agreement is reached within 90 days, each Member State that agrees to the summary of biocidal product characteristics referred to in paragraph 1 may renew the authorisation accordingly.
4. Where, for reasons beyond the control of the holder of an authorisation, no decision is taken on the renewal of that authorisation before its expiry, the respective competent authority shall grant a renewal for the period necessary to complete the evaluation.
Article 6
Period of grace
Article 52 of Regulation (EU) No 528/2012 shall apply to existing stocks of the biocidal product made available on the following markets:
(a)
on the market of a Member State to which no application for renewal has been submitted or which has rejected an application pursuant to Article 3(3) of this Regulation;
(b)
on the market of the reference Member State and of the Member States concerned, where the reference Member State rejects the application for renewal in accordance with Article 3(3) or the third subparagraph of Article 3(7) of this Regulation.
Article 7
Coordination group, arbitration and derogation from mutual recognition
1. A Member State concerned may propose to refuse to renew an authorisation or to adjust the terms and conditions of the authorisation in accordance with Article 37 of Regulation (EU) No 528/2012.
2. Where, regarding matters other than those referred to in paragraph 1, the Member States concerned do not reach an agreement on the conclusions of the assessment report or, where relevant, on the summary of the biocidal product characteristics proposed by the reference Member State in accordance with Article 5(1), the reference Member State shall refer the matter to the coordination group established under Article 35 of Regulation (EU) No 528/2012.
Where a Member State concerned is in disagreement with the reference Member State, the former shall give a detailed statement of the reasons for its position to all Member States concerned and to the applicant.
3. Articles 35 and 36 of Regulation (EU) No 528/2012 shall apply to matters of disagreement referred to in paragraph 2.
Article 8
Guidance on handling renewals in the mutual recognition procedures
1. The Agency shall, after consulting the Member States, the Commission and interested parties, draw up guidelines on the details related to the handling of renewals of authorisations covered by this Regulation.
2. Those guidelines shall be regularly updated, taking into account the contributions from Member States and stakeholders on its implementation as well as scientific and technical progress.
Article 9
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, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 167, 27.6.2012, p. 1.
(2) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).
(3) Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 109, 19.4.2013, p. 4). |
18.6.2014
EN
Official Journal of the European Union
L 178/7
COMMISSION IMPLEMENTING REGULATION (EU) No 648/2014
of 17 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, 17 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
71,8
TR
59,4
ZZ
65,6
0707 00 05
MK
39,0
TR
85,1
ZZ
62,1
0709 93 10
TR
110,7
ZA
27,3
ZZ
69,0
0805 50 10
AR
99,6
TR
125,4
ZA
115,6
ZZ
113,5
0808 10 80
AR
107,3
BR
95,5
CA
102,6
CL
108,8
CN
98,4
NZ
142,4
US
183,9
UY
168,2
ZA
127,1
ZZ
126,0
0809 10 00
TR
232,8
ZZ
232,8
0809 29 00
TR
374,3
ZZ
374,3
0809 30
MA
135,6
ZZ
135,6
(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’. |
26.4.2014
EN
Official Journal of the European Union
L 125/57
COMMISSION IMPLEMENTING REGULATION (EU) No 427/2014
of 25 April 2014
establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council
(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 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emissions performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular Article 12(2) thereof,
Whereas:
(1)
In order to promote the development and the early uptake of new and advanced CO2 emission-reducing vehicle technologies, Regulation (EU) No 510/2011 provides manufacturers and suppliers with the possibility of applying for the approval of certain innovative technologies contributing to reducing CO2 emissions from new light commercial vehicles. Therefore, it is necessary to clarify the criteria for determining which technologies should be eligible as eco-innovations pursuant to that Regulation.
(2)
It is appropriate to take into account the experience gained from the introduction of a scheme for innovative technologies for passenger cars pursuant to Commission Implementing Regulation (EU) No 725/2011 (2) and apply the same eligibility criteria for light commercial vehicles. A distinction should however be made with regard to light commercial vehicles that are constructed and type-approved in multi-stages. For those vehicles, it is appropriate to limit the certification of the CO2 reductions to eco-innovations fitted to the base vehicle.
(3)
According to of Article 12(2)(c) of Regulation (EU) No 510/2011, technologies that are part of the Union's integrated approach outlined in two Commission Communications of 7 February 2007 (3), and have been regulated in Union law, or other technologies that are mandatory under Union law, are not eligible as eco-innovations under that Regulation. Those technologies include tyre pressure monitoring systems, tyre rolling resistance and gear shift indicators falling within the scope of Regulation (EC) No 661/2009 of the European Parliament and of the Council (4) and, as regards tyre rolling resistance, Regulation (EC) No 1222/2009 of the European Parliament and of the Council (5).
(4)
A technology that has already for some time been widely available on the market cannot be considered innovative within the meaning of Article 12 of Regulation (EU) No 510/2011 and should therefore not be eligible as an eco-innovation. In order to ensure full parallelism with Implementing Regulation (EU) No 725/2011, it is appropriate to provide that only technologies that had been fitted in 3 % or less of all light commercial vehicles registered in 2009 should be eligible as eco-innovations. Those thresholds should be subject to review at the latest in 2016.
(5)
In order to promote technologies with the highest potential for reducing CO2 emissions from light commercial vehicles, and in particular the development of innovative propulsion technologies, only those technologies should be eligible that are intrinsic to the transport function of the vehicle and contribute significantly to improving the overall energy consumption of the vehicle. Technologies that are accessory to that purpose or aim at enhancing the comfort of the driver or the passengers should not be eligible.
(6)
According to Regulation (EU) No 510/2011, applications may be submitted by both manufacturers and suppliers. The application should include the necessary evidence that the eligibility criteria are fully met, including a methodology for measuring the CO2 savings from the innovative technology.
(7)
It should be possible to measure the CO2 savings from an eco-innovation with a satisfactory degree of accuracy. That accuracy can only be achieved where the savings are 1 g CO2/km or more.
(8)
Where the CO2 savings of a technology depends on the behaviour of the driver or on other factors that are outside the control of the applicant, that technology should in principle not be eligible as an eco-innovation, unless it is possible, on the basis of strong and independent statistical evidence, to make verifiable assumptions about average driver behaviour.
(9)
The standard test cycle used for type-approval measurement of the CO2 emissions from a vehicle does not demonstrate all savings that can be attributed to certain technologies. To create the right incentives for innovation, only those savings that are not captured by the standard test cycle should be taken into account for the calculation of the total CO2 savings.
(10)
In demonstrating the CO2 savings, a comparison should be made between the same vehicles with and without the eco-innovation. The testing methodology should provide verifiable, repeatable and comparable measurements. In order to ensure a level playing field and, in the absence of an agreed and more realistic driving cycle, the driving patterns in the New European Driving Cycle as referred to in Commission Regulation (EC) No 692/2008 (6) should be used as a common reference. The testing methodology should be based on measurements on a chassis dynamometer or on modelling or simulation where such methodologies would provide better and more accurate results.
(11)
Guidelines on the preparation of the application and the testing methodologies should be provided by the Commission and be regularly updated to take into account the experience gained from assessing different applications.
(12)
According to Regulation (EU) No 510/2011, the application must be accompanied by a verification report provided by an independent and certified body. That body should be a technical service of category A or B as referred to in Directive 2007/46/EC of the European Parliament and of the Council (7). However, in order to ensure the independence of the body, technical services designated in accordance with Article 41(6) of that Directive should not be considered an independent and certified body within the meaning of this Regulation. The body should, together with the verification report, provide relevant evidence of its independence from the applicant.
(13)
In order to ensure efficient registration and monitoring of the specific savings for individual vehicles, savings should be certified as part of the type-approval of a vehicle and the total savings should be entered into the certificate of conformity in accordance with Directive 2007/46/EC.
(14)
The Commission should have the possibility to verify on an ad hoc basis the certified total savings for individual vehicles. Where it is evident that the certified savings are inconsistent with the level of savings resulting from the decision to approve a technology as an eco-innovation, the Commission should be able to disregard the certified CO2 savings for the calculation of the average specific CO2 emissions. The manufacturer should, however, be given a limited time period during which it may demonstrate that the certified values are accurate.
(15)
In order to ensure a transparent application procedure, summary information should be available to the public on the applications for approval of innovative technologies and the testing methodologies. Once approved, the testing methodologies should be publicly accessible. The exceptions to the right to public access to documents set out in Regulation (EC) No 1049/2001 of the European Parliament and of the Council (8) should apply as appropriate.
(16)
The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation sets out the procedure to be followed for the application for, and assessment, approval and certification of innovative technologies that reduce emissions of CO2 from light commercial vehicles pursuant to Article 12 of Regulation (EU) No 510/2011.
Article 2
Scope
1. Any technology falling within the scope of the following measures shall not be considered as an innovative technology:
(a)
efficiency improvements for air-conditioning systems;
(b)
tyre pressure monitoring systems falling within the scope of Regulation (EC) No 661/2009;
(c)
tyre rolling resistance falling within the scope of Regulation (EC) No 661/2009 and of Regulation (EC) No 1222/2009;
(d)
gear shift indicators falling within the scope of Regulation (EC) No 661/2009;
(e)
use of bio fuels.
2. An application may be made under this Regulation in respect of a technology, provided that the following conditions are met:
(a)
it had been fitted in 3 % or less of all new light commercial vehicles registered in 2009;
(b)
it relates to items intrinsic to the efficient operation of the vehicle and is compatible with Directive 2007/46/EC.
3. In the case of completed vehicles, only eco-innovations fitted on a base vehicle that is EC type-approved as an incomplete vehicle shall be considered for the certification of CO2 emission reductions pursuant to Article 11.
Article 3
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1)
‘innovative technology’ means a technology or a combination of technologies with similar technical features and characteristics (innovative technology package) where the CO2 savings can be demonstrated using one testing methodology and where each of the individual technologies forming the combination falls within the scope specified in Article 2;
(2)
‘supplier’ means the manufacturer of an innovative technology responsible for ensuring conformity of production or its authorised representative in the Union or the importer;
(3)
‘applicant’ means the manufacturer or supplier submitting an application for the approval of an innovative technology as an eco-innovation;
(4)
‘eco-innovation’ means an innovative technology accompanied by a testing methodology that has been approved by the Commission in accordance with this Regulation;
(5)
‘independent and certified body’ means a category A or category B technical service referred to in Article 41(3)(a) and (b) of Directive 2007/46/EC meeting the requirements set out in Article 42 of that Directive, with the exception of technical services designated in accordance with Article 41(6) of that Directive;
(6)
‘a baseline vehicle’ means a vehicle that is used for the purpose of the demonstration of CO2 savings from eco-innovation by comparing it with a vehicle fitted with the innovative technology.
Article 4
Application
1. An application for the approval of an innovative technology as an eco-innovation shall be submitted to the Commission in writing. The application and all supporting documentation shall also be submitted by electronic mail or electronic data carrier or uploaded in a server managed by the Commission. The written application shall list the supporting documentation.
2. An application shall include the following:
(a)
contact details of the applicant;
(b)
a description of the innovative technology and the way it is fitted on a vehicle, including evidence that the technology falls within the scope specified in Article 2;
(c)
a summary description of the innovative technology, including details supporting that the conditions provided for in Article 2(2) are met, and the testing methodology referred to in point (e) of this paragraph to be made public upon submission of the application to the Commission;
(d)
an estimated indication of the individual vehicles that may be, or are intended to be, fitted with the innovative technology, and the estimated reductions of CO2 emissions for those vehicles from the innovative technology;
(e)
a methodology to be used for demonstrating the CO2 emission reductions of the innovative technology, or where such methodology has already been approved by the Commission, a reference to the approved methodology;
(f)
evidence demonstrating that:
(i)
the emission reduction achieved by the innovative technology meets the threshold specified in Article 9(1), taking into account any deterioration over time of the technology;
(ii)
the innovative technology is not covered by the standard test cycle CO2 measurement referred to in Article 12(2)(c) of Regulation (EU) No 510/2011 as specified in Article 9(2) of this Regulation;
(iii)
the applicant is accountable for the CO2 emission reduction of the innovative technology as specified in Article 9(3);
(g)
a verification report from an independent and certified body as specified in Article 7.
Article 5
Baseline vehicle and eco-innovation vehicle
1. For the purpose of the demonstration of CO2 emissions referred to in Article 8, the applicant shall designate:
(a)
an eco-innovation vehicle that is to be fitted with the innovative technology;
(b)
a baseline vehicle that is not to be fitted with the innovative technology but that is in all other aspects identical to the eco-innovation vehicle.
2. In the case of an innovative technology being fitted on an incomplete vehicle, the baseline vehicle referred to in paragraph 1 shall reflect the state of completion of the eco-innovation vehicle.
3. If the applicant considers that the information referred to in Articles 8 and 9 can be demonstrated without the use of a baseline vehicle and an eco-innovation vehicle as referred to in paragraph 1 of this Article, the application shall include the necessary details justifying that conclusion and a methodology providing equivalent results.
Article 6
Testing methodology
1. The testing methodology referred to in Article 4(2)(e) shall provide results that are verifiable, repeatable and comparable. It shall be capable of demonstrating in a realistic manner the CO2 emission benefits of the innovative technology with strong statistical significance and, where relevant, take account of the interaction with other eco-innovations.
2. The Commission shall publish guidance on the preparation of testing methodologies for different potential innovative technologies meeting the criteria in paragraph 1.
Article 7
Verification report
1. The verification report referred to in Article 4(2)(g) shall be established by an independent and certified body that is not part of the applicant or otherwise connected to it.
2. For the purposes of the verification report, the independent and certified body shall:
(a)
verify that the eligibility criteria specified in Article 2(2) are met;
(b)
verify that the information provided in accordance with Article 4(2)(f) meets the criteria set out in Article 9;
(c)
verify that the testing methodology referred to in Article 4(2)(e) is appropriate for certifying the CO2 savings from the innovative technology for the relevant vehicles referred to in Article 4(2)(d), and meets the minimum requirements specified in Article 6(1);
(d)
verify that the innovative technology is compatible with relevant requirements specified for the type-approval of the vehicle;
(e)
declare that it meets the requirement specified in paragraph 1.
For the purpose of point (c), the independent and certified body shall provide the testing protocols established for the verification.
3. For the purposes of the certification of the CO2 savings in accordance with Article 11, the independent and certified body shall, at the request of the manufacturer, draw up a report on the interaction between several eco-innovations fitted to one vehicle type, variant or version.
The report shall specify the CO2 savings from the different eco-innovations taking into account the impact of the interaction.
4. The verification report may be limited to include only the testing protocols referred to in the second subparagraph of paragraph 2, where the applicant is basing its application on data and assumptions that have already been approved by the Commission or are included in the guidance referred to in Article 6(2).
Article 8
Demonstration of CO2 emissions
1. The following CO2 emissions shall be demonstrated for a number of vehicles representative of the individual vehicles indicated in accordance with Article 4(2)(d):
(a)
the CO2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the methodology referred to in Article 4(2)(e);
(b)
the CO2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the standard test cycle referred to in Article 12(2)(c) of Regulation (EU) No 510/2011.
The demonstration of the CO2 emissions in accordance with points (a) and (b) of the first subparagraph shall be carried out under testing conditions that are identical for all tests.
2. The total savings for an individual vehicle shall be the difference between the emissions demonstrated in accordance with point (a) of the first subparagraph of paragraph 1.
Where there is a difference between the emissions demonstrated in accordance with point (b) of the first subparagraph of paragraph 1, that difference shall be subtracted from the total savings demonstrated in accordance with point (a) of the first subparagraph of paragraph 1.
Article 9
Eligibility criteria
1. The minimum reduction achieved by the innovative technology shall be 1 g CO2/km. That threshold shall be considered met where the total savings for the innovative technology or innovative technology package demonstrated in accordance with Article 8(2) are 1 g CO2/km or more.
2. Where the total savings of an innovative technology do not include any savings demonstrated under the standard test cycle in accordance with Article 8(2), the innovative technology or innovative technology package shall be considered not to be covered by the standard test cycle.
3. The technical description of the innovative technology referred to in Article 4(2)(b) shall provide the necessary details for demonstrating that the CO2 reducing performance of the technology is not dependant on settings or choices that are outside the control of the applicant.
Where the description is based on assumptions, those assumptions shall be verifiable and based on strong and independent statistical evidence supporting them and their applicability across the Union.
Article 10
Assessment of an eco-innovation application
1. On receipt of an application, the Commission shall make public the summary description of the innovative technology and the testing methodology referred to in Article 4(2)(c).
2. The Commission shall assess the application and, within nine months from receipt of a complete application, it shall approve the innovative technology as an eco-innovation together with the testing methodology, unless objections are raised in respect of the eligibility of the technology or the appropriateness of the testing methodology.
The decision to approve the innovative technology as an eco-innovation shall specify the information required for the certification of the CO2 savings in accordance with Article 11 of this Regulation, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001.
3. The Commission may require adjustments to the proposed testing methodology or require the use of another approved testing methodology than the one proposed by the applicant. The applicant shall be consulted on the proposed adjustment or the choice of testing methodology.
4. The assessment period may be extended by five months where the Commission finds that, because of the complexity of the innovative technology and the accompanying testing methodology or because of the size and contents of the application, the application cannot be appropriately assessed within the nine month assessment period.
The Commission shall within 40 days of receipt of the application notify the applicant if the assessment period is to be extended.
Article 11
Certification of CO2 savings from eco-innovations
1. A manufacturer wishing to benefit from a reduction of its average specific CO2 emissions for the purpose of meeting its specific emissions target by means of the CO2 savings from an eco-innovation shall apply to an approval authority within the meaning of Directive 2007/46/EC for an EC type-approval certificate of the complete or incomplete vehicle fitted with the eco-innovation. The application for a certificate shall, in addition to the documents providing the necessary information specified in Article 6 of Directive 2007/46/EC, refer to the decision by the Commission to approve an eco-innovation in accordance with Article 10(2) of this Regulation.
2. The certified CO2 savings of the eco-innovation demonstrated in accordance with Article 8 of this Regulation shall be specified separately in both the type-approval documentation and the certificate of conformity in accordance with Directive 2007/46/EC, on the basis of tests carried out by technical services in accordance with Article 11 of that Directive, using the approved testing methodology.
Where the CO2 savings of an eco-innovation for a specific type, variant or version are below the threshold specified in Article 9(1), the savings shall not be certified.
3. Where the vehicle is fitted with more than one eco-innovation, the CO2 savings shall be demonstrated separately for each eco-innovation in accordance with the procedure set out in Article 8(1). The sum of the resulting savings determined in accordance with Article 8(2) for each eco-innovation shall provide the total CO2 savings for the purposes of the certification of that vehicle.
4. Where interaction between several eco-innovations fitted to one vehicle cannot be ruled out because they are clearly of a different nature, the manufacturer shall indicate this in the application to the approval authority and shall provide a report from the independent and certified body on the impact of the interaction on the savings of the eco-innovations in the vehicle as referred to in Article 7(3).
Where, due to that interaction, the total savings are less than 1 g CO2/km times the number of eco-innovations, only those eco-innovation savings that meet the threshold set out in Article 9(1) shall be taken into account for calculating the total savings in accordance with paragraph 3 of this Article.
Article 12
Review of certifications
1. The Commission shall ensure that the certifications and the CO2 savings attributed to individual vehicles are verified on an ad hoc basis.
Where it finds that there is a difference between the certified CO2 savings and the savings it has verified using the relevant testing methodology or methodologies, the Commission shall notify the manufacturer of its findings.
The manufacturer may within 60 days of receipt of the notification provide the Commission with evidence demonstrating the accuracy of the certified CO2 savings. At the request of the Commission the report on the interaction of different eco-innovations referred to in Article 7(3) shall be provided.
2. Where the evidence referred to in paragraph 1 is not provided within the indicated time period, or it finds that the evidence provided is not satisfactory, the Commission may decide not to take the certified CO2 savings into account for the calculation of the average specific emissions of that manufacturer for the following calendar year.
3. A manufacturer for which the certified CO2 savings are no longer taken into account may apply for a new certification of the vehicles concerned in accordance with the procedure laid down in Article 11.
Article 13
Disclosure of information
An applicant requesting that information submitted under this Regulation be treated as confidential shall justify why any of the exceptions referred to in Article 4 of Regulation (EC) No 1049/2001 apply.
Article 14
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, 25 April 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 145, 31.5.2011, p. 1.
(2) Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19).
(3) Commission Communication COM(2007) 19 final — Results of the review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial vehicles and Commission Communication COM(2007) 22 final — A Competitive Automotive Regulatory Framework for the 21st Century.
(4) 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 therefore (OJ L 200, 31.7.2009, p. 1).
(5) Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters (OJ L 342, 22.12.2009, p. 46).
(6) 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).
(7) 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 (OJ L 263, 9.10.2007, p. 1).
(8) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). |
18.6.2014
EN
Official Journal of the European Union
L 178/27
COMMISSION IMPLEMENTING DECISION
of 16 June 2014
amending Implementing Decision 2011/778/EU authorising certain Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada
(notified under document C(2014) 3878)
(Only the Greek, Italian, Maltese, Portuguese and Spanish texts are authentic)
(2014/368/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 15(1) thereof,
Whereas:
(1)
Commission Implementing Decision 2011/778/EU (2) provides for a derogation for the importation of seed potatoes originating in certain provinces of Canada into Greece, Spain, Italy, Cyprus, Malta and Portugal subject to certain conditions.
(2)
The derogation granted by Implementing Decision 2011/778/EU was limited in time. Portugal has asked for an extension of that derogation. The situation justifying that derogation remains unchanged and the derogation should therefore continue to apply. It is reasonably expected that imported potatoes will continue to comply with Union legislation. Furthermore, appropriate mechanisms are established in this Decision to ensure the monitoring of the conditions of application of the derogations. Therefore it is appropriate to extend the authorisations for derogations granted in this Decision for a longer period than the ones granted by previous Decisions and namely until 31 March 2024.
(3)
Implementing Decision 2011/778/EU should therefore be amended accordingly.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
Implementing Decision 2011/778/EU is amended as follows:
(1)
in Article 1(2), point (c) is replaced by the following:
‘(c)
for the potato-marketing seasons from 1 December to 31 March of each year until 31 March 2024.’;
(2)
Article 15 is replaced by the following:
‘Article 15
The authorisation to provide for derogations referred to in Article 1 shall be revoked prior to 31 March 2024 if:
(a)
the provisions laid down in Articles 2 to 13:
(i)
are shown to be insufficient to prevent the introduction into the Union of the harmful organisms referred to in Article 2; or
(ii)
have not been complied with;
(b)
there are elements which would militate against the proper functioning of the “pest free area” concept in Canada.’
Article 2
This Decision is addressed to the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Republic of Cyprus, the Republic of Malta and the Portuguese Republic.
Done at Brussels, 16 June 2014.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 317, 30.11.2011, p. 37. |
18.11.2014
EN
Official Journal of the European Union
L 331/3
COMMISSION REGULATION (EU) No 1226/2014
of 17 November 2014
on the authorisation of a health claim made on foods and referring to the reduction of disease risk
(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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 17(3) thereof,
Whereas:
(1)
Pursuant to Regulation (EC) No 1924/2006 health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.
(2)
Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’.
(3)
Following receipt of an application the Authority is to inform without delay the other Member States and the Commission thereof, and to deliver an opinion on the health claim concerned.
(4)
The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority.
(5)
Following an application from Lactalis B&C, submitted pursuant to Article 14(1)(a) of Regulation (EC) No 1924/2006, the Authority was asked to deliver an opinion on a health claim related to ‘Low fat and low trans spreadable fat rich in unsaturated and omega-3 fatty acids’ and reduction of LDL-cholesterol concentrations (Question No EFSA-Q-2009-00458) (2). The claim proposed by the applicant was worded as follows: ‘Replacing a fat rich in saturated/trans fatty acids by a fat rich in unsaturated fatty acids helps to reduce LDL cholesterol. LDL cholesterol is a cardiovascular risk factor’.
(6)
On the basis of the data presented, the Authority concluded in its opinion received by the Commission and the Member States on 25 May 2011 that a cause and effect relationship had been established between the consumption of mixtures of dietary saturated fatty acids (SFAs) and an increase in blood LDL-cholesterol concentrations, and that replacement of a mixture of SFAs with cis-monounsaturated fatty acids and/or cis-polyunsaturated fatty acids in foods or diets on a gram-per-gram basis reduces LDL-cholesterol concentrations. Accordingly, a health claim reflecting this conclusion should be considered as complying with the requirements of Regulation (EC) No 1924/2006, and should be included in the Union list of permitted claims. The clinical intervention study claimed by the applicant as proprietary, was not considered necessary by the Authority for reaching its conclusion. It is therefore considered that the requirement laid down in Article 21(1)(c) of Regulation (EC) No 1924/2006 is not fulfilled and accordingly, protection of proprietary data should not be granted.
(7)
In its opinion, the Authority concludes that in order to bear the claim, significant amounts of saturated fatty acids should be replaced by monounsaturated and/or polyunsaturated fatty acids in foods or diets on a gram-per-gram basis. Therefore, in order to ensure that a food provides significant amounts of monounsaturated and/or polyunsaturated fatty acids, it is appropriate to limit the use of the claim to fats and oils and to set conditions of use as those referred to in the nutrition claim ‘HIGH UNSATURATED FAT’ as laid down in the Annex to Regulation (EC) No 1924/2006.
(8)
Article 16(4) of Regulation (EC) No 1924/2006 provides that an opinion in favour of authorising a health claim is to include certain particulars. Accordingly, those particulars should be set out in the Annex to this Regulation as regards the authorised claim and include, as the case may be, the revised wording of the claim, specific conditions of use of the claim, and, where applicable, conditions or restrictions of use of the food and/or an additional statement or warning, in accordance with the rules laid down in Regulation (EC) No 1924/2006 and in line with the opinions of the Authority.
(9)
One of the objectives of Regulation (EC) No 1924/2006 is to ensure that health claims are truthful, clear and reliable and useful to the consumer, and that wording and presentation are taken into account in that respect. Therefore where the wording of claims has the same meaning for consumers as that of an authorised health claim, because they demonstrate the same relationship that exists between a food category, a food or one of its constituents and health, they should be subject to the same conditions of use indicated in the Annex to this Regulation.
(10)
The comments from the applicants and the members of the public received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation.
(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
1. The health claim listed in the Annex to this Regulation may be made on foods placed on the Union market in compliance with the conditions laid down in that Annex.
2. The health claim referred to paragraph 1 shall be included in the Union list of permitted claims as provided for in Article 14(1) of Regulation (EC) No 1924/2006.
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, 17 November 2014.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 404, 30.12.2006, p. 9.
(2) EFSA Journal 2011; 9(5):2168.
ANNEX
Permitted health claim
Application — Relevant provisions of Regulation (EC) No 1924/2006
Applicant — Address
Nutrient, substance, food or food category
Claim
Conditions of use of the claim
Conditions and/or restrictions of use of the food and/or additional statement or warning
EFSA opinion reference
Article 14(1)(a) health claim referring to reduction of a disease risk
Lactalis B&C, ZA Les Placis, 35230 Bourgbarré, France
Monounsaturated and/or polyunsaturated fatty acids
Replacing saturated fats with unsaturated fats in the diet has been shown to lower/reduce blood cholesterol. High cholesterol is a risk factor in the development of coronary heart disease
The claim may be used only for food which is high in unsaturated fatty acids, as referred to in the claim HIGH UNSATURATED FAT as listed in the Annex to Regulation (EC) No 1924/2006
The claim may only be used on fats and oils
Q-2009-00458 |
20.5.2014
EN
Official Journal of the European Union
L 148/72
COMMISSION DELEGATED DIRECTIVE 2014/69/EU
of 13 March 2014
amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC for industrial monitoring and control instruments
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(a) thereof,
Whereas:
(1)
Directive 2011/65/EU prohibits the use of lead in electrical and electronic equipment placed on the market.
(2)
Both the substitution of lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC used in industrial monitoring and control instruments (IMCIs) and the substitution of these components in IMCIs are still technically impracticable.
(3)
Although the substitution of lead in low voltage ceramic capacitors is possible for other applications, the use of these lead-free components in IMCIs requires manufacturers to redesign their IMCIs or parts thereof, and requalify the new designs, in order to make them technically practicable and to demonstrate reliability. The use of lead in low voltage ceramic capacitors for industrial monitoring and control instruments should therefore be exempted from the prohibition until 31 December 2020. In view of the innovation cycles for IMCIs this is a relatively short transition period which is unlikely to have adverse impacts on innovation.
(4)
In accordance with the repair-as-produced principle of Directive 2011/65/EU, which is meant to extend the lifetime of compliant products once placed on the market, spare parts shall benefit from this exemption past its end date without time limitations.
(5)
Directive 2011/65/EU should therefore be amended accordingly,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex IV to Directive 2011/65/EU is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the last day of the sixth month after entry into force 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.
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, 13 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 174, 1.7.2011, p. 88.
ANNEX
In Annex IV to Directive 2011/65/EU the following point 40 is added:
‘40.
Lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC for industrial monitoring and control instruments.
Expires on 31 December 2020. May be used after that date in spare parts for industrial monitoring and control instruments placed on the market before 1 January 2021.’ |
23.7.2014
EN
Official Journal of the European Union
L 217/52
COMMISSION DECISION
of 19 June 2013
on State aid SA.28599 (C 23/10 (ex NN 36/10, ex CP 163/09)) implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha)
(notified under document C(2013) 3204)
(Only the Spanish text is authentic)
(Text with EEA relevance)
(2014/489/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above (1), and having regard to their comments,
Whereas:
1. PROCEDURE
(1)
On 18 May 2009 the Commission received a complaint from SES Astra S.A. (hereinafter referred to as ‘Astra’). The subject of the complaint was an alleged state aid scheme that the Spanish authorities had adopted in relation to the switch-over from analogue television to digital television in remote and less urbanised areas of Spain. Astra argued that the scheme constituted non-notified and therefore unlawful aid, resulting in a distortion of competition between the satellite and terrestrial broadcasting platforms.
(2)
The contested scheme has its origin in Law 10/2005 of 14 June 2005 on Urgent Measures for the Promotion of Digital Terrestrial Television, Liberalization of Cable TV and Support of Pluralism (2). Further legislation adopted with respect to the digital terrestrial transition television process includes, among others, Royal Decree 944/2005 of July 29, 2005 approving the National Technical Plan for Digital Terrestrial Television (3) (hereinafter ‘NTP’); Royal Decree 945/2005 of 29 July 2005 approving the General Regulations for the delivery of the digital terrestrial television service; Order ITC 2476/2005 of 29 July 2005 approving the General Regulations and the regulations for the delivery of the digital terrestrial television service, and Royal Decree 920/2006 of 28 July 2005 approving the General Regulations for the delivery of the radio and cable television broadcasting service.
(3)
By letter dated 29 September 2010, the Commission informed the Kingdom of Spain that it had decided to initiate the formal investigation procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) in respect of the aid in question for the whole territory of Spain with the exception of Castilla-La Mancha, for which a separate procedure was opened (4). The Commission decision to initiate the procedure (hereinafter ‘opening decision’) was published on 14 December 2010 in the Official Journal of the European Union (5). The Commission invited the interested parties to submit their observations on the measure.
(4)
Following extension of the deadline, Spain replied by letter dated 30 November 2011 to the request for comments made in the opening decision. Apart from the central government, the authorities of Asturias, Aragon, the Basque country, Castilla y Leon, Castilla-La Mancha (6), Extremadura, Galicia, la Rioja, Madrid and Murcia submitted their comments and/or replies to questions asked in the opening decision.
(5)
The Commission also received comments from Radiodifusion Digital SL by letter dated 11 January 2011, from Grupo Antena 3 and UTECA (Union de Televisiones Comerciales Asociadas) by letters dated 28 January 2011, from Gestora La Sexta by letter dated 31 January 2011, from Abertis Telecom SA (hereinafter ‘Abertis’) by letter dated 2 February 2011, and from Astra and Telecinco by letters dated 4 February 2011. By letters dated 19 January 2011 and 9 February 2011 the Commission forwarded those observations to Spain, which was given the opportunity to react. Spain provided comments by letters dated 22 February 2011 and 14 March 2011.
(6)
In the course of the investigation, several meetings were held: between the Commission and Spain on 11 and 12 April 2011, between the Commission and Astra on 14 April 2011, between the Commission and Abertis on 5 May 2011 and between the Commission and UTECA on 5 July 2011. After several submissions of information by Spain on its own initiative, including observations from the Basque Country dated 24 February 2011, a formal request for information was addressed to Spain by letter dated 14 February 2012. Following extension of the deadline, Spain provided reply in a letter dated 16 April, which was followed up by letters dated 15, 19 and 25 June 2012. As part of the information was still missing, on 9 August 2012 the Commission addressed a request for additional information. After extension of the deadline, Spain provided replies in a letter dated 10 October 2012, followed by a letter dated 30 October 2012.
(7)
Furthermore, Abertis provided on its own initiative additional submissions on 22 June 2011 and 25 July 2012. Astra provided additional information in letters dated 21 July 2011, 16 May 2011, 8 September 2011 and 11 November 2011, all of which were sent to Spain for comments.
2. DESCRIPTION OF THE MEASURE
2.1. BACKGROUND
2.1.1. Complainant
(8)
The complainant is a satellite platform operator. Set up in 1985 as Société Européenne des Satellites (SES), SES ASTRA (hereinafter ‘Astra’) was the first private satellite operator in Europe. Astra operates the ASTRA Satellite System, which offers a comprehensive portfolio of broadcasting and broadband solutions for customers in and outside Europe. It broadcasts radio and television programmes directly to millions of homes, and provides internet access and network services to public authorities, large companies, SMEs and individual households.
(9)
In its complaint, Astra alleges that the measures put in place by the Government and the Autonomous Communities in remote and less urbanised areas of Spain infringe the principle of technological neutrality, as they envisage terrestrial transmission as the only route towards digitisation. Astra refers in particular to the case of Cantabria. On the basis of a tender for extension of coverage of digital television for the whole territory of Cantabria launched in January 2008, the regional government of Cantabria had selected Astra to provide free-to-air channels via its platform. However, in November 2008 that contract was terminated by the regional government. According to Astra, the authorities only terminated the contract once they had been informed that the central government would finance the upgrade of the analogue terrestrial network. In fact, a letter from the Cantabrian authorities dated 7 November 2008 explained that the reason for the termination of the contract was that in the meantime the central government had taken decisions relating to the extension of coverage of digital television to the whole of Spain (7). Thus, the case of Cantabria would appear to demonstrate that, firstly, Astra could compete in that market and, secondly, that the decisions of the central government made this competition impossible.
2.1.2. The sector
(10)
The case concerns the broadcasting sector, in which many players are active at the different levels of the broadcasting services products chain.
(11)
Broadcasters are the editors of television channels which purchase or produce in-house TV contents and bundle them in channels. The channels are then provided to the public through various platforms (e.g. satellite, DTT, cable, IPTV). In Spain, broadcasting services have been deemed to be a public service by the legislator and are therefore provided both by State-owned broadcasters (RTVE) and by private broadcasters holding concessions from the State (8). These so-called ‘free-to-air’ (FTA) channels are provided free of charge to the viewers. In order to ensure that the population can effectively benefit from this public service, the law attaches minimum coverage obligations both for transmissions entrusted to the public broadcaster and for the private operators who hold the concessions. Consequently, the public broadcasters have the obligation to cover at least 98 % of the Spanish population, while private broadcasters must cover at least 96 % of the population. In Spain, national broadcasters do not own a national broadcasting network. They therefore enter into agreements with platform operators to have their content transmitted and to fulfil their coverage obligations.
(12)
Hardware suppliers are manufacturers or installers of the necessary infrastructures and devices to build the various platforms.
(13)
Platform operators (or network operators) (9) are private or publicly controlled entities operating the necessary infrastructure (i.e. they transport and broadcast the signal) to deliver to the public the channels produced by the broadcasters. In the early days of the television industry, the only platform available was the analogue terrestrial platform. As the technology improved, more platforms have become available on the market, namely the satellite platform, the cable platform and, more recently, the IPTV (10), which exploits the broadband connection to transmit the TV signal.
(14)
In terrestrial broadcasting, the television signal is sent from a TV studio to a transmission centre (head-end), usually belonging to and operated by a network operator. Then the signal is transported and distributed from a transmission centre (head-end) to the broadcasting centres run by a network operator (e.g. a tower); sometimes the signal is transported via satellite. Lastly, the signal is broadcast from the broadcasting centres to homes. To digitise the analogue terrestrial network, it is necessary to replace the transmitters on the ground. However, as the digital signal has a lower range than the analogue and therefore the new technology requires a more capillary network, in some cases the extension of coverage also requires the building of new transmission centres.
(15)
In satellite broadcasting, the signal is sent to a transmission centre (head-end) and then transported to the satellite, which broadcasts it to homes. Alternatively, the signal could first be sent from a TV studio directly to the satellite, if the TV studio has the appropriate devices. The viewer has to be equipped with a satellite dish and a decoder. To increase satellite coverage in a region, the ground equipment needs to be installed in the customer's home. In terms of geographic coverage, the satellite platform could thus reach almost 100 % of the Spanish territory, whereas the terrestrial platform covers about 98 %.
2.1.3. Background
(16)
The investigated measure must be examined in the context of the digitisation of broadcasting that the terrestrial, satellite and cable platforms have undergone or are currently undergoing. In comparison to analogue broadcasting, digitised broadcasting has the benefit of increased transmission capacity as a result of more efficient use of the radiofrequency spectrum. The switch to digital technology is especially significant for terrestrial broadcasting, where the frequency spectrum available is limited. Satellite transmission, on the other hand, has the advantage of operating in a completely different frequency band, where there is no scarcity of frequencies.
(17)
The switch-over from analogue to digital television releases a significant amount of high quality radio spectrum in what is known as ‘the digital dividend’, which will be free for the deployment of electronic communication services. This digital dividend, and especially the frequency of 790-862MHz (‘800 MHz band’), can boost the electronic communications industry, have a major impact on competitiveness and growth and provide a wide range of social and cultural benefits (11).
(18)
The ‘digital dividend’ could be reaped either by switching from terrestrial to a different platform or by moving from analogue to digital terrestrial broadcasting. Also, a mixed solution combining different platforms could be envisaged (12).
(19)
However, in the case of terrestrial broadcasting, the scarcity of frequencies remains an issue even after digitisation. This is illustrated by the fact that shortly after the termination of the switch-over from analogue to digital TV in April 2010, the Spanish government had to relocate broadcasters from the 800 MHz band to another frequency band. The relocation of DTT multiplexes assigned to broadcasters led to additional costs and additional state aid, which the Commission is currently examining in a formal investigation procedure (13).
(20)
With regard to TV broadcasting, terrestrial digital transmission could be replaced in the future by broadband technology, as next generation broadband networks (NGA) are likely to become the leading transmission technology. For the time being, however, in Spain the geographical coverage of such NGA networks in not universal.
(21)
In Spain there are today four broadcasting platforms: DTT — digital terrestrial technology (DBV-T), satellite (DBV-S), cable (DVB-C) and IPTV. DTT is the main platform for the free-to-air public and private Spanish channels (14). The main operator of the terrestrial network is Abertis, which also controls the satellite operator Hispasat. There are also a number of local telecommunications operators carrying DTT signals, which are usually interconnected with Abertis' national network. As for the pay TV channels, they are broadcast mainly via satellite, cable and IPTV. Astra and Hispasat are the main satellite operators
(22)
To address the process of digitisation, in order to switch from analogue to digital television, in 2005-2008 Spain adopted a series of regulatory measures that concerned the terrestrial network, as described in the section 2.2. They divided the Spanish territory into three distinct areas:
(i)
Area I — including the vast majority of the Spanish population, where the costs of switchover were borne by the broadcasters — 96 % of the territory for private broadcasters, and 98 % for public broadcasters. As broadcasters bore the costs, there was no need for state aid.
(ii)
Area II — less urbanised and remote areas covering 2.5 % of the population who in the past received public and private channels via analogue terrestrial television. However, as the switch to digital technology requires upgrading of the existing transmission centres and building of new ones, significant investments in the terrestrial network were necessary. The private broadcasters did not have sufficient commercial interest in providing the service in Area II and refused to bear the costs of digitisation. The Spanish authorities therefore established the state aid scheme under investigation, for upgrading the existing transmission centres and building new ones, in order to ensure that the residents, who until then had received private and public channels via analogue terrestrial TV, would continue to receive all the channels via DTT. This process was commonly referred to as ‘DTT coverage extension’ (i.e. extension of coverage of DTT above what was compulsory for the commercial broadcasters).
(iii)
Area III — where due to the topography it is not possible to provide TV service via the terrestrial platform and it is therefore provided by satellite. The transmission of free-to-air TV signals in Area III is provided by Hispasat. The fact that the TV service is provided through satellite entails costs for consumers, who have to acquire satellite dishes and set-top boxes.
2.2. DESCRIPTION OF THE AID
(23)
The scheme being investigated is based on a complex system of legal provisions put in place by the Spanish central authorities as from 2005. On the basis of these provisions, state aid for the deployment of the DTT in Area II was granted in the years 2008-2009 by the Autonomous Communities and town councils, who channelled to the recipients the funds from the central budget and from their respective budgets. Moreover, since 2009 ongoing aid has been granted by the Autonomous Communities for maintenance and operation of the networks in Area II.
(24)
The regulation of the transition to digital television technology started when Law 10/2005 of 14 June 2005 was adopted (15). It mentions the need to promote a transition from analogue to digital terrestrial technology and required that the government take the appropriate measures to ensure this transition.
(25)
Following this mandate, with Royal Decree 944/2005 the Council of Ministers approved the National Technical Plan, which fixed the date of the analogue switch-off in Spain for 3 April 2010 (16).
(26)
As regards Area II and III, the Twelfth Additional Provision of the National Technical Plan already provided for the possibility that the local and regional authorities extend the coverage in the range between 96 % and 100 % of the population. In this regard, the Technical Plan explicitly refers to digital terrestrial television (DTT) and establishes six conditions under which the local authorities could carry out such extension. Condition (e) requires the local installation to be in conformity with the Technical Plan for digital terrestrial television.
(27)
Subsequently, on 7 September 2007, the Council of Ministers approved the National Plan for the Transition to Digital Terrestrial Television (hereinafter ‘Transition Plan’ (17), which implements the National Technical Plan. The Transition Plan divided the Spanish territory into ninety technical transition projects (18) and established a deadline for the switch-off of analogue broadcasting for each of these projects.
(28)
On 29 February 2008, the Ministry of Industry, Tourism and Trade (hereinafter ‘MITyC’) adopted a decision aimed at improving the telecommunications infrastructures and establishing the criteria and the distribution of the funding of the actions aimed at developing the Information Society under the Plan Avanza for 2008 (19). The budget approved by this decision amounted to EUR 558 million and was partly allocated to development of broadband, and partly to digitisation of television in remote and less urbanised areas of Spain falling outside the statutory obligations of the commercial broadcasters (20). Digitisation in those areas was commonly referred to as ‘extension of coverage’. It was subsequently implemented through a series of addenda to existing framework agreements (21) signed by MITyC and the Autonomous Communities between July and November 2008 (‘the Addenda to the 2006 Framework Agreements’, published in the Spanish Official Gazette separately for each Autonomous Community. In most cases, the wording of these agreements points to digital terrestrial technology as the only technology to be funded. As a result of the agreements, MITyC transferred funds to the Autonomous Communities, which undertook to cover the remaining costs of the operation from their budgets. These addenda also included the obligation of the local authorities to comply with the provisions of the Twelfth Additional Provision of the National Technical Plan.
(29)
In parallel, on 17 October 2008, the Council of Ministers agreed to allocate a further EUR 8,72 million to extend and complete DTT coverage within the transition projects to be completed during the first half of 2009, Phase I of the Transition Plan. The funding was granted following the signing of new framework agreements between MITyC and the Autonomous Communities in December 2008 (‘the 2008 Framework Agreements’). These agreements refer to the aforementioned financing of EUR 8,72 million and were entitled ‘Framework Collaboration Agreement between the Ministry of Industry, Tourism and Trade and the Autonomous Community of […] for the Development of the National Plan for the Transition to DTT.’ They lay down a list of activities that will be financed by the central and regional authorities in order to achieve coverage of digital television equal to the existing analogue coverage. These activities are related to the deployment of digital terrestrial television.
(30)
On 29 May 2009, the Council of Ministers approved the criteria for the distribution of EUR 52 million for the funding of DTT transition actions, aimed at financing the extension of coverage of the projects under Phases II and III of the Transition Plan (22). The agreement of the Council of Ministers established a direct link with the Transition Plan given that it stated that ‘in order to achieve the target set in the National Plan for Transition to DTT, namely a similar DTT coverage to that of the current terrestrial television coverage with analogue technology, the financial support of the public authorities is needed’ and then that ‘the implementation of this cooperation will be formalized within the framework set by the National Plan for the Transition to DTT’.
(31)
Lastly, between October and December 2009, addenda to the Framework Agreements (mentioned in paragraph 29) were published in the Spanish Official Gazette, including the funding for the extension of the coverage of Phases II and III of the Transition Plan. These addenda define what should be understood by ‘action to extend the coverage’, by making explicit reference only to terrestrial technology (although not formally excluding other technologies) (23).
(32)
Following the publication of the 2008 Framework agreements and above-mentioned addenda (24), the governments of the Autonomous Communities started implementing the extension. They either organised public tenders themselves or charged a public undertaking with carrying out of the tender. The subsidies were partly agreed upon with MITyC and therefore funded from the central budget or partly funded by the Autonomous Communities themselves. In certain cases the Autonomous Communities mandated the town councils to carry out the extension.
(33)
As a general pattern, two types of tenders were launched throughout the country. Firstly, there were tenders for the extension of coverage, which meant that the winning company was charged with the mission of providing (often building) an operative DTT network. The tasks to be carried out included the design and engineering of the network, transport of the signal, deployment of the network and supply of the necessary equipment. The other types of tenders were tenders for the supply of hardware, organised in the case of already existing networks. The winner of the tender was expected to upgrade it with the necessary equipment, i.e. supply, install and activate the equipment.
(34)
In most tenders the organising authorities refer explicitly, through the definition of the object of the tender (25) and/or implicitly, in the description of the technical specifications or the equipment to be financed (26), to terrestrial technology and DTT. In the few cases where satellite technology is expressly mentioned, these references are to satellite dishes for the reception of the satellite signal on terrestrial towers (27) or equipment to access digital television in Area III (28). Very few tenders for extension are technologically neutral and they do not exclude technologies other than DTT (29).
(35)
In total, in the years 2008-2009 almost EUR 163 million from the central budget (partly soft loans granted by MITyC to Autonomous Communities (30)), and EUR 60 million from the budgets of 16 Autonomous Communities investigated were invested in the extension to Area II. In addition, town councils funded the extension for around EUR 3,5 million.
(36)
As a second step after the extension of DTT to Area II, starting from the year 2009, some of the Autonomous Communities have been organising additional tenders, or have concluded relevant contracts without tenders, for the operation and maintenance of the equipment digitised and deployed during the extension. Unlike the aid for switch-over, the latter measures constitute ongoing aid. As they are for the operation and maintenance of the terrestrial network as installed in Area II, these contracts are not technologically neutral either. The total amount of funds granted through tenders for operation and maintenance (ongoing aid) in the years 2009-2011 was of at least EUR 32,7 million.
2.3. GROUNDS FOR INITIATING THE PROCEDURE
(37)
In the decision to initiate the procedure, the Commission noted, firstly, that the measure described seemed to meet all the criteria of Article 107(1) and could, therefore, be regarded as state aid.
(38)
As there are different levels in the broadcasting market, three categories of state aid recipients were identified in the opening decision: (i) network operators, (ii) hardware suppliers participating in the tenders for supply of the equipment necessary for the extension and (iii) broadcasters of TV channels.
(39)
The Commission reached the preliminary conclusion that by financing the costs associated with the extension of the DTT platform, the scheme might have created a potential or actual distortion of competition between hardware providers active in different technologies and between the terrestrial and the satellite platforms.
(40)
The Commission, in its preliminary assessment, considered that the measure constituted state aid within the meaning of Article 107(1) TFEU and it did not see any grounds on which it could be compatible with the internal market, since no derogation seemed to be applicable.
(41)
For additional factual details please refer to the opening decision, which should be considered an integral part of this Decision.
3. COMMENTS FROM SPAIN
3.1. GENERAL REMARKS
(42)
In its defence to the opening decision, Spain and the Autonomous Communities have put forward numerous arguments (31). Broadly speaking they fall into two categories. First, the Spanish authorities argue that there is no state aid involved, because as the service is an SGEI the measure does not constitute aid, as it falls under the public service remit of public broadcasting. Moreover, it does not generate any advantage. Secondly, even if there was any state aid, it would be compatible under Article 106(2) or Article 107(3)(c) given that (a) the analogue network already existed and, from an efficiency perspective, a mere upgrade of the existing infrastructure would be less costly than switching to a new platform; (b) only the DTT technology would fulfil the necessary quality criteria and (c) the tenders were technologically neutral and other platform operators could have participated in the tendering. These arguments are summarised below.
3.2. ABSENCE OF AID
3.2.1. Service of General Economic Interest (SGEI)
(43)
Regarding the network operators, according to the Spanish authorities they provide a service of general economic interest within the meaning of the Altmark judgement (32). However, as the Autonomous Communities are responsible for actions to extend coverage, the applicability of the Altmark judgment must be examined on a case-by-case basis and it is up to the Autonomous Communities to prove that the Altmark conditions had been fulfilled. The most thorough arguments were those submitted by the Basque Country, which carried out digitisation through a public company, Itelazpi S.A. (hereinafter ‘Itelazpi’).
3.2.2. No advantage
(44)
Concerning the hardware providers, Spain expressed the view that the fact that they won tenders for supply of equipment ruled out the existence of a selective advantage.
(45)
As regards the network operators, although Abertis is the main operator in Area I and it owns 29 % of the sites in Area II which were upgraded, it does not operate the network in Area II. Abertis would therefore not benefit from the measure as a network operator.
(46)
Network operation is, instead, carried out by some regional operators, by the Autonomous Communities or by local councils, which simply rent Abertis' premises and installations. The Autonomous Communities and local councils do not compete with other network operators, and therefore they do not obtain a competitive advantage. Moreover, they do not earn any revenue, as broadcasters do not pay for the provision of transmission services in Area II.
(47)
As for the DTT broadcasters, Spain argues that the impact of the investigated measures on broadcasters is almost non-existent. The measures did not increase broadcasters' audiences compared with when programmes were transmitted on analogue, as 2,5 % of the population targeted by the extended coverage already received analogue terrestrial television. As a result, the measures have no impact on these businesses' finances.
3.3. COMPATIBILITY UNDER ARTICLE 106(2) AND 107(3)(c)
(48)
The Basque Country authorities submitted that the state aid granted to Itelazpi is compatible with the internal market by virtue of the provisions of article 106 TFEU. In this respect, they believe that the measure fulfils all the conditions of the Decision of 28 November 2005 on the application of Article 86(2) of the EC Treaty to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (hereinafter ‘86(2) Decision’) (33).
(49)
In the event of the Commission deciding that the measures taken by the Spanish authorities with regard the deployment of digital terrestrial television in Area II constitute state aid, and that they are not compatible with the internal market in application of article 106 TFEU, Spain claims that they would certainly be compatible with the internal market insofar as their purpose is to ensure that an objective which is of community interest is achieved (the conversion to digital broadcasting), so they would benefit from the exemption provided for in Article 107(3)(c) TFEU.
3.3.1. Efficiency arguments
(50)
According to Spain, at national level the National Technical Plan and Transition Plan are not coverage extension plans since they refer only to the switchover in Area I. As such, the plans do not restrict the technology options available for the extension of coverage. The framework agreements, on the other hand, do not have the same regulatory status as the Plans and they are based on agreements between the central and regional authorities. Moreover, according to Spain, they would not exclude the use of satellite and other technologies. In any event, the extension of coverage and the choice of technology were done by the Autonomous Communities, usually through tendering procedure. One such tender — carried out in Castilla y Leon — was technologically neutral and the mere fact that such a tender was held proves that the central authorities did not impose the terrestrial technology on the Autonomous Communities.
(51)
Even if some tenders held elsewhere do refer to certain technical elements of the terrestrial technology, this is explained by the fact that terrestrial broadcasting requires certain elements that satellite does not, and their insertion was necessary in order not to exclude terrestrial solutions from the tenders.
(52)
The Spanish authorities also refer to a study into the feasibility of providing a universal DTT service through different technologies (DTT and satellite) carried out by the MITyC in July 2007, i.e. before proposing funding to extend DTT coverage. Although the authorities admit that the study was only an internal document not later taken on board, they nevertheless emphasise that it took into account the realistic costs of using either DTT or satellite transmission. The conclusions of the study were that it is not possible to establish in advance which technology is more efficient or cheaper to extend the coverage of television signal. Instead, a choice should be made on a region-by-region basis, preferably by means of studies carried out by the particular Autonomous Communities which analyse such factors as topography, territorial distribution of population and the state of the existing infrastructure.
3.3.2. Qualitative requirements
(53)
Two qualitative arguments have been put forward. Firstly, to date DTT free-to-air channels have not been available via satellite broadcast in this area. Switching to the satellite platform would therefore mean that customers would have to pay for the service.
(54)
Secondly, apart from national channels, regional channels also need to be broadcast. DTT technology allows each geographical area to receive the channels for that area. On the basis of the regional and local channels, a total of 1 380 frequencies are allocated to terrestrial television throughout Spain, without the need for any technical restrictions and without extending broadcasting beyond the target area of each channel. According to Spain, this would be impossible for satellite networks as they do not provide the possibility of geographical delimitation and would therefore have to use a complex system of conditional access. This would further increase the costs of satellite broadcasting, and broadcasters would not be willing to give access to their channels without being sure that delimitation is possible.
3.3.3. Technological neutrality
(55)
According to Spain, the bilateral agreements between the central and regional authorities did not impose a particular digitisation technology. They merely established transfers to the Autonomous Communities in line with the costs of digitisation, calculated on the basis of what was considered to be an efficient reference technology, i.e. DTT. In this respect it should be taken to consideration, according to Spain, that at the time of extension, terrestrial analogue television reached 98,5 % of Spanish homes.
(56)
Concerning the tender in Cantabria referred to in the opening decision, the Spanish authorities emphasise that the tender won by Astra concerned both Areas II and III, i.e. was aimed at universal provision of digital television in Cantabria. This would have a twofold impact on the assessment of the case.
(57)
Firstly, the Cantabrian project became a failure when, after the award of the contract to Astra, some of the main broadcasters informed Astra and the Cantabrian government that they would not allow their content to be broadcast via satellite. As a result, the objective of the plan was no longer readily achievable. Secondly, the main reason for termination of the contract was the decision of the central government to provide satellite coverage across the whole of Area III in Spain, and not the decision to provide funding from the central government to extend the coverage in Area II. Furthermore, the contract was terminated in November 2008 because at this point in time it was obvious that Astra would not be able to comply with its obligations. In particular, Astra did not undertake the necessary works on time and did not receive authorisations from free-to-air broadcasters to broadcast their channels.
(58)
In the context of this decision, the Cantabria project is relevant only to the extent that the satellite platform can be considered to be a valid alternative to the terrestrial platform. In this regard the above arguments are not pertinent. When opting for the satellite platform for Area III, the Spanish authorities adopted a national plan and enacted a special regulation requiring broadcasters to coordinate among themselves and to select one common satellite platform provider. A similar mechanism could also have been applied for Area II. The reasons given for the termination of the contract do not cast any doubt on the fact that satellite technology may be a valid platform for the transmission of TV signals in Area II. Furthermore, they have been refuted by a national Court in Spain.
3.3.4. No distortion of competition and trade
(59)
Concerning competition between network operators, Spain expressed the view that terrestrial and satellite television are two completely different markets and that therefore the investigated measures did not distort competition on the affected markets. Spain maintains that the investigated measures have no effect on the intra-Union market as they are aimed at the residents of a restricted geographical area. Since they are local services, the measure is unlikely to affect trade between Member States.
3.4. THE APPLICABILITY OF THE DE MINIMIS RULE
(60)
The Spanish authorities also expressed the view that the de minimis rule introduced by Commission Regulation (EC) No 1998/2006 (34) on de minimis aid certainly applies to a significant proportion of the funding. The hardware was purchased independently in each Autonomous Community or local council, and therefore the de minimis provisions should be analysed at that level. As in these cases the exact amount paid is known, as are the goods and services which were acquired, the aid was sufficiently transparent for the de minimis thresholds to apply.
3.5. ONGOING STATE AID
(61)
Concerning the operation and maintenance of the transmission centres, the Spanish central authorities believe that they fall outside the work to extend coverage partially funded by the MITyC. The ministry has no jurisdiction to require councils or the Autonomous Communities to continue operation and maintenance beyond the period included in the tenders for extension of coverage. Therefore it cannot be entirely excluded that operation and maintenance of some centres might be interrupted because of local council budget cuts. The yearly costs of operation and maintenance were provisionally assessed by the central authorities as amounting to 10 % of the initial investment. During the course of the investigation, several Autonomous Communities provided more detailed data on the funds spent for operation and maintenance of the DTT network in Area II.
4. COMMENTS FROM INTERESTED PARTIES
4.1. ASTRA
4.1.1. General remarks
(62)
Astra reiterates its earlier position that the measures leading to the switch-over to terrestrial digital television were a coordinated plan designed at the level of central government and implemented by the regional authorities. However, even assuming that the state aid for the extension of coverage was designed, organised and implemented at regional level, Astra believes that they would constitute unlawful and incompatible aid.
(63)
Concerning the tender in Cantabria, Astra insists that contrary to what is claimed by Spain, it was the obligation of the Cantabrian authorities to receive the authorisations from broadcasters to make their channels available to satellite platform. Moreover, even though the letters were sent by the broadcasters in March 2008, the Cantabrian authorities offered to other Autonomous Communities the alternative which they had chosen in July 2008.
4.1.2. Presence of state aid
(64)
Concerning the advantage received by network operators and especially Abertis, Astra notes that as hardware supplier Abertis was awarded around […] (35) of the tenders for the digitization of the terrestrial sites located in the extension of coverage areas. Since Albertis is a platform operator, the digitization of the network favours its commercial offering to broadcasters since the DTT network will now reach almost 100 % of the population at no additional cost as opposed to the 96/98 % that would have been terrestrially digitized in the absence of the contested measure. Furthermore, Abertis would benefit from the fact that Astra as the main competing alternative platform operator, would be prevented from obtaining a foothold in the Spanish market by entering Area II.
(65)
Moreover, according to Astra, Abertis received other advantages as a result of the measures. Firstly, a significant number of Abertis' terrestrial sites have benefited from the funds provided by the Spanish Authorities in the scope of the investigated measures and are indeed operated by Abertis. This is in particular the case of sites that are located in the area where RTVE (public broadcaster) is obliged to provide its signal, but where there is no such obligation for the private broadcasters (around 2,5 % of the population). Secondly, Astra claims that Abertis benefited indirectly from the state aid in adjacent markets such as the transport market. Additionally, the complainant notes that the investigated measure leads to distortions of competition in Area III (36).
(66)
Astra believes that the satellite and terrestrial platforms belong to the same market. The distinction between pay-per-view and free-to-air television would not be relevant, as far as platform competition is concerned. Already today the terrestrial and satellite platforms compete for the transmission of pay-TV, as there are already at least two pay-per-view channels offering their signal through the DTT platform and one of them is only available on DTT. Moreover, according to Astra, all currently authorized broadcasters have already requested a license from the Government to broadcast their content in the pay modality.
(67)
Astra considers that the investigated measures were not proportional. It indicates that the switch to DTT required significant adaptations in apartment buildings and investment in cabling. Moreover, to support its argument that the extension of coverage via satellite would not have been more expensive than via the terrestrial platform, Astra referred to its internal cost study submitted together with the complaint, carried out in November 2008. The study compared the costs of extension of coverage using both technologies — terrestrial and satellite. The assumptions of the study differ from the ones carried out by Spain and Abertis in various respects, among others concerning the costs of satellite dishes and the need to purchase external set-top boxes for the reception of digital terrestrial TV. The findings of the study lead to the conclusion that the extension of coverage via satellite was not necessarily more expensive than using terrestrial technology. Astra also submitted additional documents aimed to show that the installation and operation costs of both technologies do not differ significantly.
(68)
Astra also claims that ensuring the conditionality of access to satellite broadcasts is not an obstacle to broadcasting free-to-air channels. Conditional access systems are present all over the world and they are not difficult to use (37). Moreover, the solution proposed in Cantabria for conditional access was accepted by the Cantabrian authorities, who could decide which users to activate in order to receive the service. Therefore the territorial limitation of the service was controlled by the Cantabrian government. There was no need for a specific adaptation to this effect.
(69)
Concerning the appropriateness of the measure, Astra claims that thanks to economies of scale, the larger the geographical coverage, the more economically attractive satellite technology becomes. By splitting the measure in Area II into more than 600 local and regional tenders, satellite technology had already been put at a significant competitive disadvantage. However, even if the Spanish government had not been able to impose or suggest the need to take into account cross-regional synergies as a condition for the granting of the funds, the regions could have taken this possibility into account in order to ensure that they were choosing the most cost-efficient solution for their taxpayers. In fact, Astra argues that they tried to do so before the Spanish central government's intervention in favour of the terrestrial technology. Indeed, after having selected Astra in the public tender, the Cantabrian authorities initially tried to convince other regions to also select the satellite platform, as this would have reduced further their own costs.
4.1.3. Ongoing state aid
(70)
Astra repeats that part of the contested measures amount to ongoing state aid, as the autonomous community governments will finance the costs of operation and maintenance of the local networks in Area II on an ongoing basis. Concerning the annual operation and maintenance costs for the satellite solution, Astra estimates that they would amount to EUR 100,000 per channel per year, although reductions could have been achieved had more than one region chosen the satellite solution.
4.2. COMMENTS FROM ABERTIS
(71)
Abertis is a telecommunications infrastructure operator and network equipment supplier. It owns, among other companies, Retevisión S.A. and TradiaS.A., which manage and operate telecommunication networks and infrastructures.
4.2.1. Presence of state aid
(72)
First of all, Abertis notes that the investigated measures do not constitute state aid within the meaning of Article 107(1) TFEU. The regional authorities simply acquired goods and services on market terms by way of open tenders and they remain the owners of the equipment installed in the transmission centres in Area II. For this reason, neither any funds nor any digital equipment acquired with those funds were ever transferred to any external recipient.
(73)
Abertis considers, in addition, that the contested measures did not confer any appreciable economic advantage on the network operators. Abertis claims that it does not operate any of the local networks located in Area II (even where it owns the related transmission centres) and that therefore it cannot obtain any direct advantage. Secondly, in Area II Abertis only acted as a hardware provider. Thirdly, even in cases where the digital equipment used to upgrade a transmission centre was sold by Abertis and this equipment was later installed in a transmission centre belonging to Abertis, there was no benefit. This is because Abertis simply rents those transmission centres to the local network operators on market terms and the amount of the rent paid to Abertis was not affected by the digitisation process. Fourthly, Abertis insists that the incremental increase of 1-2 % in the coverage of a DTT network does not translate into any economic benefit for Abertis as a platform operator in Area I. Finally, the digitisation of Area II does not affect the price that Abertis is able to charge to broadcasters for its transmission services, especially given that Abertis' wholesale pricing is regulated by the Comision del Mercado de Telecomunicaciones, the Spanish regulatory authority (hereinafter ‘CMT’).
(74)
Concerning the local network operators in Area II (town councils), Abertis considers that there cannot be any economic advantage as they do not qualify as undertakings within the meaning of Article 107(1) TFEU and in any event perform a public service.
(75)
Abertis also expressed the view that the investigated measure did not entail any economic advantage for the broadcasters. The digital switchover in Area II did not increase the number of television viewers when compared to the number of viewers who had access to analogue television before the process of transition to digital broadcasting started in 2005.
(76)
Moreover, Abertis considers that the contested measures did not have any appreciable effect on competition between the network operators. The fact that neither Astra nor any other private operator showed any interest in providing transmission services in Area II for the last 20 years, confirms that there was no market and that state intervention was required to facilitate the provision of services. In particular, there is no distortion of competition between satellite and DTT, as they are two separate markets. Moreover, the digitisation of the terrestrial networks in Area II did not change in any way the competitive structure of the relevant markets but simply represented a necessary technical upgrade of the existing analogue platform.
(77)
Abertis claims that the broadcasting services provided over the networks in Area II are limited to certain isolated areas and therefore do not have an effect on trade between Member States.
(78)
In the event the Commission considers that the relevant public authorities or their affiliates are undertakings within the meaning of Article 107(1) TFEU, Abertis considers that the funds to cover the digital switchover in Area II were compensation for the provision of a public service. In this respect Abertis believes that the contested measures respect the conditions set out in the Altmarkcase-law and that there is no state aid involved.
4.2.2. Existing aid
(79)
According to Abertis the deployment of broadcasting networks in Area II began in a non-liberalised broadcasting sector in 1982. At that time, the Spanish State held a legal monopoly in the market for terrestrial broadcasting. Public funds are now used to finance the installation, maintenance and operation of the local networks in Area II put in place prior to the liberalisation of this sector. Therefore, the investigated measure is ongoing, existing aid.
4.2.3. Compatibility
(80)
Abertis argues that any potential state aid would be compatible by virtue of the provisions of article 106 TFEU, as it fulfils all the conditions of the 86(2) Decision.
(81)
Should this not be the case, any potential aid would in any event be compatible with Article 107(3)(c) TFEU. Firstly, the aim of the measures adopted by the Spanish authorities is to accelerate the digital switchover process in Spain, which has been recognised in the Commission's state aid decision-making practice as an objective of common interest. Secondly, the aid was an appropriate instrument, as DTT is a more suitable technology to provide the coverage extension (38). Apart from economic reasons, Abertis also notes that broadcasters are reluctant to use satellite platforms, due to the constraints faced by broadcasters when acquiring content rights for their free-to-air programmes. In most cases they only acquire the right to broadcast the contents over a specific platform, namely DTT, as this technology allows targeted transmission and geographical limitations. Moreover, the measures are proportionate since they cover only the costs strictly necessary for the switchover from analogue to digital television services in Area II. The only costs supported by the contested measures are those related to the digitisation of the transmission centres in Area II, which is carried out through the acquisition and installation of digital equipment.
(82)
Regarding the technological neutrality of the measure, Abertis notes that terrestrial technology was not the only solution taken into consideration by the Spanish government. Moreover, in Area III the satellite platform was finally considered the most appropriate technological choice to provide digital television services. More importantly, Abertis claims that DTT is deemed to be the most appropriate and least costly platform to provide digital television services in Area II in order to achieve the same coverage that existed before the analogue switch-off, as is borne out by the submitted cost studies (39).
4.3. COMMENTS FROM RADIODIFUSIÓN
(83)
Radiodifusión is a relatively new provider in the market of audiovisual signal transmission services registered with CMT's Registry of Operators in November 2005.
(84)
Radiodifusión agrees in general with the opening decision and supports the Commission in its views, while providing some additional observations listed below. It agrees that the state aid does not meet Altmark requirements and entails a substantial transfer of State resources.
(85)
The investigated state aid scheme benefited network operators already operating in rural areas. In fact, in the market in question, which is characterized by high entry barriers, benefiting an already dominant operator, the measure has led to replicate the same historical monopoly patterns. In particular, Abertis has been able to reinforce its monopoly position and to actually use public funding to develop a new and denser network which will enable it to compete in new markets.
(86)
Radiodifusión claims that the investigated state aid is not proportional. To be in line with the proportionality requirement, the aid should be limited to what is necessary, i.e. should apply only to remote rural areas, and it should benefit all operators equally by requiring effective access obligations.
4.4. COMMENTS FROM BROADCASTERS
(87)
The broadcasters submit that the measure cannot be considered as state aid because it has not conferred a financial advantage on any company, in particular broadcasters. The measures have not increased broadcasters' audiences compared with when they were broadcasting in analogue. Moreover, the residents in the extended coverage areas, i.e. rural, remote and sparsely populated areas, have no impact on the advertising market and are not part of the broadcasters' target audience. In these circumstances the private operators did not increase advertising fees as a result of the extension.
(88)
The broadcasters also expressed the view that they did not have an interest in migrating to a satellite platform, where their programmes would face competition from hundreds other channels. The terrestrial platform has the advantage of limited capacity, which for commercial free-to-air broadcasters means less competition. Moreover, they underlined the fact that they usually purchase contents only for the terrestrial platform. This is because terrestrial broadcasting guarantees the geographical delimitation of broadcasts, which is not the case for satellite.
(89)
Broadcasters also insisted that after assignment of the Cantabrian tender to Astra, they informed the Cantabrian authorities that they would oppose satellite broadcasting, as they had acquired rights to broadcast contents only via the terrestrial platform.
5. LEGAL ASSESSMENT
5.1. LEGAL BASIS OF THE AID
(90)
As described in detail above in section 2.2, paragraphs 23 to 31, the legal framework for the digital switch-over in Spain is a complex net of various acts issued both by the central government and the regional and local authorities over a period of four years. The 2005 National Technical Plan and the 2007 Transition Plan mainly regulate the transition to DTT in Area I but they also set the basis for further extension measures in Area II. These extension measures were implemented by the regional authorities, after conclusion of several framework agreements with the central government (the 2008 Framework Agreements) and addenda in 2008 to the previous 2006 Framework Agreements and in 2009 to the 2008 Framework Agreements.
(91)
As a result of the conclusion of these agreements and addenda, the regional and/or local authorities carried out a wide array of measures aiming at extending the coverage of DTT in Area II, primarily through public tenders, as described above at paragraphs 32 to 35. The Commission therefore considers that the various acts adopted at central level and the agreements concluded and amended between the MITyC and the Autonomous Communities constitute the basis of the aid scheme for the extension of coverage in Area II. These acts and agreements led the Autonomous Communities to take measures which were not technologically neutral (40). While the National Technical Plan regulates the switch-over to DTT in Area I, it also gives a mandate to local authorities to establish, in cooperation with the Autonomous Communities, additional transmission centres necessary to ensure reception of the DTT in Area II. Thus, at that point in time the central government already envisaged the extension of DTT coverage. The mandate contained in the main legal act regulating the switch-over to digital television refers only to the terrestrial platform. In practice, the Autonomous Communities have therefore applied the central government's guidelines on the extension of DTT (41).
(92)
To corroborate this finding, the Commission has also investigated a sample of the individual tenders carried out by the Autonomous Communities themselves. This verification confirms the above conclusion, as the vast majority of the examined tenders have not been technologically neutral.
(93)
The moment when the state aid for the deployment of the DTT in Area II was effectively disbursed was marked by the transfer of funds from the central and regional authorities to the beneficiaries. This happened over a period of time which varied from one Autonomous Community to another. From the information received, the earliest tenders took place in July 2008 (42). The Annex provides a calculation of aid amounts by region.
As for the ongoing aid for operation and maintenance of the networks, this was not decided at central level. Rather, some of the Autonomous Communities (see ‘Recurrent costs’ in the Annex to the Decision) launched tenders for the operation and maintenance of the existing terrestrial digital networks, which were published in their respective official journals (43).
5.2. STATE AID ASSESSMENT PURSUANT TO ARTICLE 107(1) TFEU
5.2.1. Presence of aid within the meaning of Article 107(1) TFEU
(94)
The measure in question, including the ongoing aid for operation and maintenance as described in paragraph 36, can be characterised as state aid within the meaning of Article 107(1) TFEU, which lays down the conditions for the presence of state aid. Firstly, there must be an intervention by the State or through state resources. Secondly, it must confer a selective economic advantage on the recipient. Thirdly, it must distort or threaten to distort competition. Fourthly, the intervention must be liable to affect trade between Member States.
5.2.1.1. State resources
(95)
The measure in question originates from the system of the legal acts described above, adopted at both central and regional and local level, as well as from agreements concluded between different levels of the Spanish administration. Moreover, Spain did not contest the finding of the opening decision that the measure was financed from the budgetary resources. It insisted, however, that it was financed both from the central and from the regional and municipal budgets. It also expressed the view that the measure in question was actually a mere transfer of funds between different administrations. As such, the fact that the funds originate mainly from the central budget and partly from the regional and local budgets was not disputed by Spain. Furthermore, the measure was not a mere transfer of funds between administrations, as ultimately the funds were used for the deployment of the DTT network by entities carrying out an economic activity (as explained in section 5.2.1.2.).
(96)
In these circumstances it is concluded that the measure under investigation was funded directly from the State budget and from the budgets of particular autonomous communities and local corporations. The ongoing aid, as described in paragraph 36, was not funded from the central State budget, but directly from the budget of the Autonomous Communities. It is therefore imputable to the State and involves the use of state resources.
5.2.1.2. Economic advantage to entities carrying out an economic activity
(97)
The measure in question entails a transfer of State resources to certain undertakings. Although the concept of an undertaking is not defined by the Treaty, it refers to any natural or legal person, regardless of its legal status and its financing, who carries out an economic activity. In Commission practice, as confirmed by the Courts, operation of television transmission networks is considered to be an economic activity (44), similarly to other cases involving management of infrastructure by the regional authorities (45). In the case at hand, most of the public undertakings or town councils are registered in the register of the CMT as network operators. This suggests that they provide certain services, which according to settled case practice constitutes an economic activity. A market exists if other operators would be willing or able to provide the service in question, which is the case. For instance Astra held several meetings with the Autonomous Communities before the implementation of the extension of the coverage in Area II to present them its offer. In addition, in March 2008 Astra participated in and won a technologically neutral tender for providing digital TV in Area II and Area III published in Cantabria. The fact that the public undertakings and town councils do not receive remuneration for the services provided does not preclude the activities in question from being considered to be an economic activity (46).
(98)
The Commission does not agree with Spain's argument that operation of the terrestrial network by the Autonomous Communities, public undertakings and town councils falls within the exercise of official powers as a public authority and is therefore outside the scope of Article 107 TFEU. It has been recognised that the activities linked to the exercise of State prerogatives by the State itself or by authorities functioning within the limits of their public authority do not constitute economic activities for the purposes of competition rules (47). Such activities are those that form part of the essential functions of the State or are connected with those functions by their nature, their aim and the rules to which they are subject. The Courts' case law has provided several examples of activities that fall within this category, thus establishing a dividing line between pure State activities and the commercial activities a State entity may engage in. This list includes activities related to the army or the police, the maintenance and improvement of air navigation safety; air traffic control (48); the anti-pollution surveillance which is a task in the public interest that forms part of the essential functions of the State as regards the protection of the environment in maritime areas (49) and standardisation activities as well as related research and development activities (50).
(99)
In this light, the Commission is of the opinion that in the present case the operation of the terrestrial broadcasting network does not fall within the State's obligations or prerogatives nor is it a typical activity that could only be performed by the State. The services under consideration are not typically those of a public authority and are in themselves economic in nature, which is evidenced by the fact that several undertakings are active on the market in the Area I. Second, a private undertaking, not dependent on any public authorities — namely Astra (as evidenced by its presence as a bidder in the 2008 tender in Cantabria) — was interested in providing this service in Area II. Third, the deployment of the network in Area II only concerns the transmission of national and regional private channels (51). As a result, it is concluded that the operation of the terrestrial network by the Autonomous Communities, public undertakings and town councils does not fall within the exercise of official powers as a public authority.
Direct beneficiaries of the aid
(100)
The operators of the DTT platform are the direct beneficiaries of the contested measures, as they received the funds for the upgrading and extension of their network in Area II. Similarly, they benefit from the ongoing aid for the operation and maintenance of these networks. The Autonomous Communities chose different approaches to implement the coverage extension and therefore different types of direct beneficiaries have been identified.
(101)
Firstly, some of the Autonomous Communities (52) charged a public undertaking, which sometimes operates as a telecommunications company, with the task of extending coverage. These undertakings either organised tenders for extension of coverage and left this task to the winner of the tender, or carried out the extension themselves, after acquiring the necessary hardware.
(102)
These public undertakings are now in a position to operate the DTT network in Area II due to the public subsidy. They can also use the new infrastructure to provide other services, e.g. WiMax (wireless broadband standards which can provide fix or mobile broadband), digital radio, mobile television (DVB-H), or co-location services to Telefonica's basic broadband network in rural areas and to mobile operators. Due to these economies of scope, the DTT network operators have opportunities to raise income from the publicly financed infrastructure.
(103)
The quantifiable advantage to the public undertakings is the amount of the funds received for the extension of coverage.
(104)
Secondly, some of the Autonomous Communities (53) launched themselves tenders at the regional level for the extension of the DTT. Spain claims that the vast majority of tenders were for provision of hardware and equipment and the companies who won such tenders acted as hardware suppliers. This would also be the case of Abertis, Tradia and Retevision. The findings of the investigation point however to the conclusion that a significant number of tenders were for the extension of coverage, and not only for the supply of equipment (54). Therefore, contrary to what is claimed by Spain, the Commission considers that Abertis and other companies participated in such tenders in their quality of network operators (55). In this case, the winners of such tenders did receive a competitive advantage over other network operators who were not even able to participate in the selection process. Their advantage is the sum of the funds received for extension as a result of a technologically non-neutral tender.
(105)
Thirdly, some of the Autonomous Communities (56) granted funds to the town councils for the extension of the DTT coverage. Spain argues that these were merely transfers of funds between different levels of administration and that, by extending networks owned by the town councils, the councils simply carried out their administrative obligations towards the inhabitants. However, Spain recognises that local corporations acted as network operators, that many of them are registered on the CMT's list of network operators and that they effectively carried out the extension of the network, in some cases via tendering procedure. The Commission therefore considers that, where the local corporations act as local DTT network operator, they are direct beneficiaries of the aid. Their advantage is the amount received from the regional and central authorities for the extension of coverage. This also applies if the extension is partially financed by own resources of a local corporation which constitutes aid to the undertaking or to the activity.
(106)
Overall, Abertis and Retevision were the main beneficiaries of the tenders. In total, from the information received, it appears that they received approximately […] of the total amount of the funds aimed at extension of coverage: at least EUR […] million as a result of tenders for the extension of network coverage.
(107)
In addition, some of the Autonomous Communities have granted state aid for the operation and maintenance of the networks. These tasks are performed either by the public undertakings, by the town councils or are tendered out, for example to the owners of the transmission centres. Spanish central authorities submitted that they did not impose the obligation to operate and maintain the digitised sites and that it was up to the Autonomous Communities to decide on this matter. During the course of the investigation various Autonomous Communities submitted figures indicating that they indeed financed the operation and maintenance of the transmission centres in Area II, especially starting from 2009, after the expiry of the initial two-year period of operation and maintenance included in the contracts with the successful tenderers. This is considered to be ongoing aid and the undertakings charged with the operation and maintenance of the digitised terrestrial network in Area II are the direct beneficiaries.
(108)
Finally, in more general terms, Abertis also benefits from the exclusion of another platform operator from entering the market of transmitting free to air TV signals in Spain (57).
Indirect beneficiaries of the aid
(109)
Network operators. Network operators who participated in the tenders for extension of coverage organised by the public undertakings under the first-case scenario described in the paragraph (101) are indirect beneficiaries of the aid. The public undertakings did not carry out the extension themselves and did not keep the funds aimed at extension of coverage; rather, they channelled them to the network operators by means of tenders for extension. These tenders for extension were targeted only at terrestrial network operators. The latter therefore benefited from the exclusion of satellite operators. Furthermore, due to the small number of operators in the market, the terrestrial network operators faced only a limited competitive constraint. As pointed out for direct beneficiaries above, they also benefit if they use the new infrastructure also for the provision of other services (as WiMax, digital radio, mobile TV etc.). The advantage received by these network operators amounts to the sum of the funds received following a tender for extension (58).
(110)
Hardware suppliers.Unlike network operators, hardware suppliers are not considered to be indirect beneficiaries as they did not receive a selective advantage. As in the case of digital decoders in Italy (59), it has not been possible to draw a distinction between different categories of producers of various types of digital infrastructure because producers should be able to produce any type of equipment. The companies winning the tenders are not different from the group of undertakings who would have participated in tenders if the scheme had been technologically neutral with regard to platform operators (60). In Spain, the companies, which integrate, install and supply the hardware necessary for DTT extension usually also offer other services. Such equipment manufacturers, as well as telecommunications operators, may also offer terrestrial or satellite solutions or a combination of the two (61).
(111)
The measure in question does not seek, through its object or general structure, to create an advantage for manufacturers. Indeed, any public policy in favour of digitisation (even the most technologically neutral) would favour producers of digital equipment. In the case of equipment manufacturers, the fact that they benefited from an increase in sales due to the measure can therefore be considered to be a mechanical side effect. As a matter of principle, any state aid has a trickle-down effect on suppliers to the state aid recipient. This, however, does not necessarily create a selective advantage for such suppliers. Hardware suppliers were not targeted by the aid and therefore did not benefit from a targeted indirect effect. Furthermore, as they were selected on the basis of transparent tender procedures, which were open to all equipment suppliers, including those from other Member States, they cannot be expected to have benefitted from abnormal profits.
(112)
Broadcasters.Spain has sufficiently demonstrated that the terrestrial broadcasters did not receive any advantage following the extension of the coverage. In contrast to Area I, the broadcasters refused to pay for digitisation in Area II as this would not generate any additional revenue for them. In fact, in the light of the limited population at stake, which does not seem to be the commercial target of the advertisers, following the extension to Area II, broadcasters could not significantly raise advertising fees. Therefore, the terrestrial broadcasters are not indirect beneficiaries of the measure under investigation.
5.2.1.3. Selectivity
(113)
The advantage provided by the measure, including the ongoing aid, to the network operators is selective, as it only applies to the broadcasting sector. Within that sector it only concerns the undertakings active in the terrestrial platform market. The legislative framework sets technical specifications of eligibility that only terrestrial technology is able to fulfil. Moreover, only undertakings in the terrestrial platform market received the ongoing aid for maintenance and operation of the network. Therefore network operators who operate other platforms, such as satellite, cable and IPTV, are excluded from the measure.
5.2.2. Public service remit
(114)
Due to the administrative organisation of the country and the division of competences between the central and regional authorities, according to Spain it is up to the regions to claim the absence of state aid under the Altmark case law. As its best and only example, the Spanish authorities put forward the case of the Basque country. No other Autonomous Community provided reasoning supporting the claim that the operation of the terrestrial network is a public service.
(115)
In the Basque Country, a public company of the Basque Government — Itelazpi S.A. (‘Itelazpi’) provides transport services and broadcasting coverage to radio and television. For this aim, it operates around 200 broadcasting centres, most of which belong to the Basque government. In order to extend the coverage, Itelazpi was charged with the task of organising ten tenders at regional level for the supply of equipment necessary for digitising the terrestrial infrastructure.
(116)
According to the Basque Country, Member States have significant discretion to define an SGEI. The definition can be questioned by the Commission only in the case of manifest error; this margin of discretion is even wider in the case of public service broadcasting (62). On this basis, the Basque Country has argued that the operation of broadcasting networks can be considered to be an SGEI. It would not be on a stand-alone basis but rather as an ‘essential service’ inherent to the public broadcasting service stemming from various provisions of Spanish law and case law (63).
(117)
According to the Basque authorities, the funding granted to Itelazpi was in fact compensation for the provision of the services of general economic interest fulfilling the Altmarkcriteria.
(118)
In its Altmark judgment, the Court stated that public service compensation does not constitute an economic advantage in the meaning of Article 107(1) of the EC Treaty if all of the following four conditions are met: 1. the recipient undertaking must actually have a public service mandate and the tasks and related obligations must be clearly defined; 2. the parameters of the compensation must be established in advance in an objective and transparent manner; 3. the compensation must not exceed the costs incurred in discharging the public service mandate; 4. in order to ensure the least cost to the community, the company which is to discharge public service obligations is chosen either through public procurement, or the costs of providing the services of general economic interest are determined on the basis of the costs of a typical, well-run undertaking.
First Altmark condition: Clear definition and assignment of public service obligations
(119)
Spanish law does not declare the operation of a terrestrial network to be a public service. The 1998 Telecommunications Law (64) states that telecommunications services, including operation of networks supporting radio and television, are services of general economic interest but they do not have the status of public services, which are reserved only for a limited number of telecommunications services (65). The Telecommunications Law currently in force (66) maintains the same qualification. The transmission services for the broadcasting of television, i.e. transport of signals through the telecommunications networks, are considered to be telecommunication services and as such are services of general interest but not public service (67).
(120)
In any event, the provisions of the Telecommunications Law are technology neutral. Article 1 of the Law defines telecommunications as exploitation of networks and the provision of services of electronic communications and associated facilities. Telecommunications is the transmission of signals through any telecom network, and not through the terrestrial network in particular (68). Moreover, Article 3 of the Law specifies as one of its objectives to encourage, to the extent possible, technological neutrality in regulation.
(121)
Although the law in force and applicable at the time of transfer of funds to Itelazpi defined public broadcasting as a public service, according to the Commission it is not possible to extend this definition to the operation of a particular supporting platform. Moreover, where several transmission platforms exist, one particular platform cannot be considered to be ‘essential’ for the transmission of broadcasting signals. It would therefore have constituted a manifest error, if Spanish legislation had declared the use of a particular platform for the transmission of broadcasting signals to be a public service.
(122)
It is therefore concluded that under Spanish law the operation of terrestrial networks does not have the status of a public service.
(123)
The Basque authorities argue that the assignment of the provision of this service of general economic interest to Itelazpi is explicitly contained in the Conventions concluded between the Basque Government, EUDEL (Association of Basque Town Councils) and the three Basque Regional Councils.
(124)
In the Conventions the Basque administration recognises that values such as universal access to information and plurality of information require the universalization of free-to-air television and undertakes to safeguard these values by extending the coverage of the state multiplexes (69). However, no provision of the Conventions actually suggests that the operation of terrestrial network is considered to be a public service. Therefore, the Commission is of the view that the wording of the Conventions is not sufficient to clearly set out the scope of the mission of the public service, and it cannot be argued on that basis that transmission via the terrestrial network is a public service.
(125)
As a result, it has not been established that the first Altmark condition has been satisfied.
(126)
The criteria laid down in the Altmark judgement are cumulative, i.e. they all have to be fulfilled in order for the measure not to be considered state aid. In the absence of satisfaction of the first criterion, the financing granted to Itelazpi by the Basque Country authorities does not therefore qualify as compensation for the provision of a service of general economic interest.
Fourth Altmark condition: ensure the least costs to the community
(127)
In the absence of a tender, the fourth Altmark condition requires that the level of necessary compensation must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations. For this purpose, the relevant revenues and a reasonable profit for discharging the obligations should be taken into account.
(128)
As there was no tender, the Basque authorities argue that the criterion is fulfilled due to the fact that Itelazpi itself is a well-run and suitably equipped company to perform the requested activities. On the basis of a cost comparison, the Basque authorities conclude that satellite provision would have been more expensive than upgrading Itelazpi's terrestrial network (70). However, to fulfil the fourth Altmark criterion, a comparison with satellite technology is not sufficient to establish that Itelazpi is efficient. There could also have been other terrestrial operators which could have performed this service at lower cost.
In the light of the above it is concluded that in the case of the Basque Country too, the fourth Altmark condition has not been fulfilled. Given that these conditions are cumulative, it cannot be considered that the financing granted to Itelazpi by the Basque Country authorities does not constitute state aid because it fulfils the conditions for being deemed compensation for the provision of a service of general economic interest.
5.2.2.1. Distortion of competition
(129)
Spain and Abertis claim that DTT and satellite technology are two different markets. DTT is the main platform for free-to-air terrestrial television where the number of operators in the national market is determined by the number of licences granted by the Spanish government. Funding for free-to-air terrestrial television channels comes from advertising. As for satellite television, a large number of channels are available on the only pay-television platform in Spain, for which Astra is the network operator. These channels are funded by subscriptions, generally for a package of channels. The Spanish authorities also point out that in Spain the cost of satellite distribution for broadcasters is much higher than the cost of terrestrial broadcasting and therefore the free-to-air broadcasters, including regional and local broadcasters, are not interested in switching to this platform.
(130)
For several reasons it is concluded that the terrestrial and satellite platforms operate in the same market.
(131)
Firstly, in 2008 Astra competed for the extension of coverage of digital television in Cantabria and won the tender. In 2008 Astra held a series of meetings with the Autonomous Communities to present its offer to broadcast digital television channels, which had hitherto been broadcasted via terrestrial platform. Even though the contract with Cantabria was later terminated by the authorities, the interest of the satellite operator in providing services in competition with the terrestrial platform suggests that there is a possibility for satellite operators to provide similar services.
(132)
Secondly, the satellite operator Hispasat (a subsidiary of Abertis) provides services in some parts of Area II (71) and the satellite platform is exclusively used in Area III. Other Member States also use satellite services to cover more remote areas of their countries with the free-to-air channels (72).
(133)
Thirdly, several public and private channels distributed via the terrestrial platform are also broadcasted via satellite platforms, including Astra itself (73).
(134)
Fourthly, concerning the regional channels, some of them are available or were available in the recent past via the satellite platform. This contradicts the statement that the regional broadcasters are not interested in satellite.
(135)
Fifthly, the Commission also notes Astra's argument concerning the capacity of satellite to deliver 1 380 channels and delimitate them geographically. Astra claims that there are no limitations for satellite to broadcast such a number of channels. Moreover, the figure of 1 380 regional channels seems to be inflated. While this is the maximum number of frequencies available throughout Spain for national, regional and local channels, the number of licences granted was in fact much lower (see footnote 13). In addition, not all the broadcasters that received a license actually broadcast on the frequencies assigned.
(136)
Sixthly, some broadcasters have declared a preference for terrestrial transmission because they have acquired rights to broadcast content only for the terrestrial platform. This, however, does not mean that there are different markets for terrestrial and satellite transmission. As they have acquired content rights for the terrestrial platform, if necessary, broadcasters could do the same for the satellite. Furthermore, if a satellite platform is selected on the basis of a public tender, as in the case of Area III, a ‘must carry obligation’ could be imposed on the broadcasters.
(137)
Finally, according to data from May 2010 (74), the coverage of DTT in Spain reaches 98,85 % of the population while only 93,5 % of the households watch TV via the terrestrial platform. Thus, 5 % of households have access to DTT but choose not to use it, as most of them subscribe to pay-TV via satellite.
(138)
In conclusion, since satellite and terrestrial broadcasting platforms are in competition with each other, the measure, for the deployment, operation and maintenance of DTT in Area II, entails a distortion of competition between the two platforms. It should be noted that other platforms, especially IPTV, are also disadvantaged due to the measure. Although broadband has not yet reached the whole of Area II, it is highly likely that in the future it will extend its coverage significantly.
5.2.2.2. Effect on trade
(139)
The measure has an impact on intra-Union trade. According to the case law of the European Courts, when ‘State financial aid or aid from State resources strengthens the position of an undertaking as compared with undertakings competing in intra-Community trade, the latter must be regarded as affected by that aid’ (75).
(140)
Network operators are active in a sector in which trade exists between Member States. Abertis forms part of an international group of companies, so does the complainant, Astra. The measure for the deployment and operation and maintenance of DTT in Area II therefore affects trade between Member States.
5.2.3. Conclusions on the presence of aid
(141)
In view of the arguments put forward above, the Commission considers that the measure fulfils the criteria laid down in Article 107(1) TFEU. Under these circumstances, the measure has to be considered as state aid within the meaning of Article 107(1) TFEU.
5.3. COMPATIBILITY ASSESSMENT
5.3.1. General considerations
(142)
The Commission actively supports the transition from analogue to digital broadcasting. The advantages of the digital switch-over were underlined in the Action Plan eEurope 2005 and in the two Communications on the digital switchover (76). The Commission also recognises that the digital switch-over could be delayed if left entirely to market forces.
(143)
Member States may use aid to overcome a specific market failure or to ensure social or regional cohesion (77). However, it must be shown in each specific case that the aid in question is an appropriate instrument to address the problem, is limited to the minimum necessary and does not unduly distort competition. Similarly, the Switchover Communication provides that in the specific area of digitisation, public intervention would be justified under two conditions: firstly, where general interests are at stake and secondly, in the event of a market failure, i.e. market forces alone fail to deliver in terms of collective welfare. It also specifies that in any case, public intervention should be supported by a sound market analysis.
(144)
The Switchover Communication also indicates that the transition to digital broadcasting represents a major industrial challenge that must be led by the market. In principle, each network should compete on its own strengths. In order to safeguard this principle, any public intervention should aim to be technologically neutral. Exceptions from this principle can be envisaged only if the intervention targets a specific market failure or imbalance and is at the same time appropriate, necessary and proportionate to overcome these difficulties.
(145)
If left to the market, in view of their disadvantaged social situation, there is a risk that not all parts of the population can benefit from the advantages of digital television. With respect to this social cohesion problem, Member States may want to make sure that all citizens have access to digital television once analogue TV is switched off. Since the digital switch-over entails costs for consumers and requires a change in habits, Member States may want to assist in particular the disadvantaged groups of society such as elderly people, low-income households or people living in peripheral regions.
(146)
In several state aid decisions, based on the Communications on the digital switch-over, the Commission applied the state aid rules in this sector (78). Member States have several possibilities to grant public funding for the switch-over to ensure that all geographical areas continue to have appropriate TV coverage. This includes funding for the roll-out of a transmission network in areas where otherwise there would be insufficient TV coverage (79). Such funding may however be granted only if it does not entail an unnecessary distortion between technologies or companies and is limited to the minimum necessary.
5.3.2. Legal bases for assessing the compatibility of the envisaged measure
(147)
The Spanish authorities have invoked Articles 107(3)(c) and 106(2) TFEU to justify the measure if it was found to constitute state aid in accordance with Article 107(1) TFEU. Below, the Commission assesses the compatibility of the measure in the light of these provisions, taking into account the general considerations outlined above.
5.3.3. Article 107(3)(c) TFEU
(148)
In order for the aid to be compatible under Article 107(3)(c), the Commission balances the positive and negative effects of the aid. In applying the balancing test, the Commission assesses the following questions:
(1)
Is the aid measure aimed at a well-defined objective of common interest?
(2)
Is the aid well designed to deliver the objective of common interest i.e. does it address a market failure or other objective? In particular:
(a)
Is the aid measure an appropriate instrument, i.e. are there other, better placed instruments?
(b)
Is there an incentive effect, i.e. does the aid change the behaviour of firms?
(c)
Is the aid measure proportional, i.e. could the same change in behaviour be obtained with less aid?
(3)
Are the distortions of competition and the effect on trade limited, so that the overall balance is positive?
5.3.3.1. Objective of common interest
(149)
The aid scheme is aimed at accelerating the digital switch-over process in Spain and ensuring the continuity of TV reception to residents of certain remote and rural areas. In this respect, the measure is targeted to allow people living in those areas to watch television. Access to media, including TV transmission, is important for citizens to exercise their constitutional right to access information. The Commission has recognised the importance and the benefits of digital transmission in the Action Plan eEurope 2005 (80) as well as in its two Communications on the transition from analogue to digital broadcasting (81). In its Communication i2010 — A European Information Society for growth and employment (82), the Commission has pointed out that the planned switch-off of analogue terrestrial television by 2012 will improve access to spectrum in Europe. As digital broadcasting uses spectrum more efficiently, it frees up spectrum capacity for other users, such as the new broadcasting and mobile telephony services, which will in turn stimulate innovation and growth in the TV and electronic communications industries.
(150)
It is therefore concluded that the measure is targeted at a well-defined objective of common interest.
5.3.3.2. Well-defined aid
Market failure
(151)
As stated by the Spanish authorities, it is generally recognised that there is a risk that not all sectors of the population can benefit from the advantages of digital television (problem of social and regional cohesion). A market failure might exist where market players do not take sufficiently into account the positive effects of the digital switch-over on society as a whole because they do not have the economic incentives to do so (positive externalities). Moreover, with respect to social cohesion, Member States may want to make sure that all citizens have access to digital TV once analogue TV is switched off and may therefore also consider measures to ensure that all geographical areas continue to have appropriate TV coverage.
(152)
In the opening decision, the Commission recognised that there is a market failure in that the broadcasters are unwilling to bear the additional costs of the extension of coverage beyond their statutory obligations. Moreover, neither the satellite platforms nor private households have carried out investments ensuring the reception of digital channels via satellite by all the inhabitants of Area II. Therefore, the Commission recognises that people whose usual residence is in a rural area may be totally excluded from the free-to-air digital television signal reception if the digital coverage is left entirely to market forces and that public intervention can be beneficial through financial supports to individuals.
Technological neutrality, appropriateness and proportionality of the measure
(153)
In digital switchover cases, the principle of technological neutrality is well enshrined in several Commission decisions (83). It has been upheld by the General Court and the Court of Justice (84).
(154)
The choice of technology should normally be established by a technologically neutral tender, as happened in other Member States (85). In the absence of such a tender, the choice of a particular technology could be accepted if it had been justified by findings of an ex-ante study proving that, in terms of quality and cost, only one technological solution could have been selected (86). The burden of proof lies with the Member State, which has to demonstrate that such a study is sufficiently robust and was carried out in the most independent manner (87).
(155)
As pointed out in section 2.2, the vast majority of tenders have not been technologically neutral, since they refer, either explicitly through the definition of the object of the tender or implicitly in the description of the technical specifications, to terrestrial technology and DTT. Only DTT operators could fulfil these requirements (and only such operators have in fact participated in these tenders).Spain argues that references in the tender to DTT, or specifications referring to DTT equipment and transmission centres, do not mean that the use of such centres was compulsory for the bidders. These references cannot reasonably be interpreted as indicated by Spain. In any case, even if this were the right interpretation, such a formal argument ignores the commercial reality. Participating in tenders is resource intensive and therefore costly for any bidder. Splitting up the intervention in Area II in several hundred individual tenders has multiplied the costs, which amount to a significant entry barrier to any bidder wishing to cover the entire Area II. The combination of central government interventions in favour of DTT technology, as explained in paragraphs 88 and 89, specific tender references to DTT and the need to enter into hundreds of different tender procedures therefore sent a strong signal to other platform operators that participating in such tenders would not be commercially justified. It is therefore concluded that these references in the vast majority of cases made it impossible for operators of other platforms to compete (88).
(156)
The ex-ante study provided by the Spanish authorities, as discussed in paragraph 52, does not sufficiently demonstrate the superiority of the terrestrial platform over satellite. On the contrary, the study concludes that the choice of a particular technological solution for the extension of coverage shall be analysed on a region-by-region basis, taking into account the topographic and demographic particularities of every region. This conclusion advocates instead the need to carry out a technologically neutral tender to determine which platform is the most suitable.
(157)
In the course of the investigation, some of the Autonomous Communities submitted internal calculations comparing the costs of using both technologies to extend the coverage. However, in addition to uncertainty about the date of these calculations, none of them was detailed and robust enough to justify the choice of terrestrial technology to extend the coverage. What is more, none of them was carried out by an independent expert.
(158)
Concerning the two cost studies submitted by Abertis, it has to be noted that they were performed in 2010, long after the investigated measures were put into effect. Irrespectively of whether they could be considered independent and sufficiently robust, the fact that they are subsequent to the contested measures means that such studies cannot be cited in support of the argument that the Spanish government failed to hold a technologically neutral tender. In addition, the results of these studies are contradicted by cost estimations provided by Astra which demonstrate that satellite technology is more cost effective.
(159)
Furthermore, the investigated measure cannot be considered appropriate.
(160)
The fact that some households in Area II receive free-to-air channels via satellite (89) demonstrates that terrestrial technology is not always the most efficient and appropriate platform. It is also noted that satellite solution has been used in some other Member States (90).
(161)
Moreover, the fact that Astra competed in and won the technologically neutral tender for extension of digital television coverage in Cantabria suggests, at least, that satellite platform can provide this service (91).
(162)
The appropriateness of the measure is still being questioned. While the transition from analogue TV to DTT in the 800 MHz band was completed in Spain on 3 April 2010, in 2011 it was decided to auction the 800MHz band frequencies. As a result, it is necessary to transfer broadcasts to other channels located below 790 MHz, no later than by 1 January 2014. As this creates additional costs, on 5 November 2011 Spain notified two measures for households and broadcasters with a budget of EUR 600–800 million in Area I (no measure has yet been notified for Area II) (92). Such cost would not have arisen if other platforms (IPTV, cable or satellite) had been chosen.
(163)
What is more, it has been pointed out that 4G mobile frequencies LTE interfere with DTT signals, as a result of which households need to buy costly filters to protect their DTT signal from the LTE waves (93). It cannot be ruled out that similar interferences are a more general problem undermining the future appropriateness of terrestrial broadcasting, especially in the context of greater and wider roll-out of NGA networks.
(164)
Spain put forward two other arguments in support of the view that satellite transmission would be more expensive than DTT. Firstly, in their agreements with certain providers, broadcasters have territorial restrictions. To ensure such conditional access would be more expensive for satellite technology. Secondly, satellite technology would not be equipped to broadcast a large number of regional channels. These allegations have not been substantiated and are contradicted by the fact that Astra's Cantabria contract contained a professional system of conditional access. Moreover, according to Astra's cost calculations, satellite technology would still be cheaper even if separate agreements had to be entered into with each of the Spanish regions. As regards regional broadcasting, Astra maintains that the Spanish government's number of 1 380 channels is hugely inflated (94). Again, according to its own calculations, the satellite option would be cheaper even if regional and local channels were included.
(165)
There is also evidence that the regional governments were aware that a technological alternative existed to the extension of the terrestrial platform. The investigation revealed that early in the process some regions met Astra representatives. At these meetings, Astra presented to them a proposal for a satellite solution, which, however was not further explored by the regional governments.
(166)
As regards proportionality, when designing the intervention for Area II, it would have been appropriate for the central government to first carry out a cost comparison (or tender) at the national level. As the main cost of the satellite network arises from its satellite capacity, this platform operates with significant economies of scale (95). Astra's negotiations with the regional governments show that it offered significant price reductions if several regions jointly entered into a contract. Further price reductions could therefore have been expected if a national tender had been carried out. Instead, by carrying out decentralised and non-harmonised measures, sometimes even at municipal level, a technology with such economies of scale was already put at a significant disadvantage. As a result, the total amount of state aid necessary to provide digital TV services to households in Area II increased. While it is for Spain to decide on its administrative organisation, when providing central government funding, instead of pushing for the use of DTT, the Spanish government could at least have encouraged the Autonomous Communities to take into account in their tenders possible cost saving efficiencies available from particular platforms.
(167)
In conclusion, the Commission considers that the investigated measure did not respect the principle of technological neutrality. As explained above, the measure is not proportional and it is not an appropriate instrument for ensuring the coverage of free-to-air channels to the residents of Area II.
Operation and maintenance of the networks
(168)
Concerning the ongoing financing granted for operation and maintenance of the subsidised networks, as this is ancillary to the deployment aid, it cannot be considered technologically neutral. It has been directed to the conservation of the centres that broadcast a signal via terrestrial platforms. Such aid is therefore also incompatible.
(169)
Any future aid for operation and maintenance has to be notified and has to respect the principle of technological neutrality.
5.3.3.3. Avoiding unnecessary distortions
(170)
While public intervention might be justified in view of the existence of certain market failures and possible cohesion problems, the way the measure is designed gives rise to unnecessary distortions of competition.
Conclusion regarding Article 107(3)(c) of TFEU
(171)
It is concluded that the investigated measure, including the ongoing aid, is not an appropriate, necessary and proportionate instrument to remedy the identified market failure.
5.3.4. Article 106(2) TFEU
(172)
The Article 106(2) exception that can apply to State compensation for the costs of providing a public service cannot be invoked neither in this case in general, nor in the case of the Basque Country in particular. The Commission considers that the national (or regional) authorities have to define the SGEI clearly and entrust it to a particular undertaking. As assessed in paragraphs 119 to 122, it is considered that the Spanish and Basque authorities did not clearly define the operation of a terrestrial platform as a public service.
5.3.5. Existing aid
(173)
Abertis suggests that the deployment of the terrestrial broadcasting network in Area II was financed almost entirely by the Spanish regions using public funds based on legislation dating back to 1982, i.e. prior to the date of accession of Spain to the European Economic Community in 1986. Therefore, according to Abertis, the scheme could be considered part of the ongoing public financing of the operation of local terrestrial networks and could therefore be considered as existing aid.
(174)
The financing of the extension of the terrestrial network by the regions indeed started in the early 1980s, but at that time there were no private broadcasters on the market. The extended infrastructure served therefore only the needs of the public broadcaster who, in any event, had the obligation to provide its signal to the majority of the population. Moreover, at that time terrestrial television was the only platform for transmitting the television signal in Spain. As a result, the extension of the only available network did not create distortion of competition with other platforms.
(175)
Since then the legislation and the technology developed, leading to new broadcasting platforms and new market players, in particular private broadcasters. Since the beneficiary and the overall circumstances of the public financing have changed substantially, the investigated measure cannot be regarded as an alteration of purely formal or administrative nature. It is rather an alteration affecting the actual substance of the original scheme and therefore is to be considered as a new aid scheme (96). In any case, the switch from analogue to digital TV has become possible only due to recent technological advance and it is therefore a new phenomenon. The Spanish authorities should therefore have notified this new aid.
5.4. CONCLUSION
(176)
It is considered that the financing granted by Spain (including aid granted by the Spanish Autonomous Communities and the local corporations) to terrestrial network operators for the upgrade and digitisation of their network to provide free-to-air TV channels in Area II constitutes aid within the meaning of Article 107(1) TFEU. The aid is not compatible with the common market, to the extent the criteria of technological neutrality was not complied with. Furthermore, the aid was not notified (97) to the Commission as required by Article 108(3) TFEU and was unlawfully put into effect without Commission authorisation. It must therefore be recovered from the terrestrial network operators.
(177)
In addition, the Commission considers that the ongoing aid for operation and maintenance of the digitised network granted without tenders or following technologically non-neutral tenders is also incompatible. Furthermore, this aid was not notified to the Commission as required by Article 108(3) TFEU and was unlawfully put into effect without Commission authorisation.
(178)
Any future state aid for maintenance and operation needs to be notified and has to respect the principle of technological neutrality.
6. RECOVERY
6.1. NEED TO ELIMINATE AID
(179)
According to the TFEU and the established case law of the Court of Justice, the Commission is competent to decide that the State concerned must abolish or alter aid (98) when it has been found to be incompatible with the internal market. The Court has also consistently held that the obligation on a State to abolish aid regarded by the Commission as being incompatible with the internal market is designed to re-establish the situation previously existing (99). In this context, the Court has established that this objective is attained once the recipient has repaid the amounts granted by way of unlawful aid, thus forfeiting the advantage that it had enjoyed over its competitors on the market, and the situation prior to the payment of the aid is restored (100).
(180)
In accordance with that case-law, Article 14 of Council Regulation (EC) No 659/1999 (101) states that ‘where negative decisions are taken in respect of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary’.
(181)
Thus, given that the financing of upgrade and digitisation of the terrestrial platform and subsequent maintenance and operation granted in Spain since the years 2008-2009 is illegal and incompatible aid, Spain should therefore be required to recover the incompatible aid, in order to re-establish the situation that existed on the market prior to the granting of the aid.
6.2. STATE AID RECIPIENTS AND QUANTIFICATION OF THE AID
(182)
Platform operators are direct beneficiaries where they directly receive funds for the upgrading and extension of their networks and/or for the operation and maintenance. Where the aid was paid to public undertakings which subsequently carried out tenders for extension of coverage, the selected platform operator is considered to be the indirect beneficiary. The illegal and incompatible aid shall be recovered from the platform operators whether they are direct or indirect beneficiaries.
6.2.1. Qualification of the tenders
(183)
In cases where the illegal aid was granted following a technologically non-neutral tender for extension of coverage, the Member State must qualify the tenders as falling into category of supply of hardware or extension of coverage, subject to the conditions set out below.
(184)
Tenders for the extension of coverage entrust the winning company with the mission of providing (including building) an operative DTT network. To this end, necessary tasks include design and engineering of the network, transport of the signal, deployment of the network and supply of the necessary equipment.
(185)
In tenders for the supply of hardware, the winning company is requested to provide the equipment necessary for the upgrading of the network. To this end, necessary tasks include the supply, installation and activation of the equipment, as well as training of the staff. No recovery is required for these tenders for supply of equipment.
(186)
Having classified these tenders for an extension of coverage, Spain has to recover the aid whenever a tender does not fulfil two cumulative conditions: 1. the tender refers to extension of coverage of digital television (and not digital terrestrial television) and/or contains a clause of technological neutrality; and 2. their technical specifications admit technologies other than terrestrial. Apart from the tenders, which the Commission itself considers technologically neutral, if Spain considers that other tenders fulfil the two conditions, it will provide the Commission with the related tender documents.
Example
Among the tenders reviewed by the Commission, the one organised by the Autonomous Community of Extremadura is provided as an example of technologically non-neutral tender for extension of coverage (102). Despite the title of the tender, which refers only to the supply of hardware, the object of the tender did in fact include the design and deployment of the network (103). The specifications of the tender make it technologically non-neutral (104), despite the insertion of a clause that is at first sight a clause of technological neutrality (105).
Another example of a technologically non-neutral tender for extension of coverage is the one organised by the public undertaking (AICCM) in the Autonomous Community of Madrid (106). In this case, both the title and the contents of the tender imply that it is a tender for extension (107) only directed to the terrestrial platform (108).
(187)
The tenders shall be qualified not only according to their title, but above all according to their content, as the title alone does not make it possible to clearly define their scope.
(188)
The aid granted after non-neutral tenders for extension of coverage have been held will then be subject to recovery.
6.2.2. State aid recipients and recovery
(189)
Below are the different categories of aid beneficiaries. On the basis of the information received from Spain, the Autonomous Communities and the approximate aid categories are listed in tables. Since Spain has not provided full information on the aid beneficiaries, Spain must classify the beneficiaries in the different categories above and provide the Commission with the relevant supporting evidence. As already underlined in paragraph 138, the regime as such is discriminatory.
(190)
In addition, the vast majority of tenders for extension reviewed by the Commission were classified as not respecting the principle of technological neutrality. Nevertheless, the Commission has also shown that it cannot be ruled out that in exceptional individual cases the tender was technologically neutral.
Spain must therefore indicate and provide sufficient evidence on particular tenders that were technologically neutral, on the basis of the conditions specified in paragraph 186 above.
(191)
Where Autonomous Communities have organised non-neutral tenders for extension of coverage, as in the case of Extremadura referred to in the above example, the winners of such tenders are direct beneficiaries of the illegal aid subject to recovery. The sum to be recovered equals the full amount received by the winners of the tenders for the extension. From the information received from Spain, the Commission has found that (at least) the Autonomous Communities of Andalucía, Extremadura, Murcia, La Rioja and Valencia have carried out such tenders.
Undertakings subject to recovery
Recovery
Method by which the aid is provided
CA concerned
Direct beneficiaries
Winner(s) of the technologically non-neutral tender(s) for extension of coverage organised by the autonomous communities
Full amount received under the technologically non-neutral tender(s) for extension of coverage
Transfer of funds to the beneficiary selected in the tenders
—
Andalucía
—
Extremadura
—
Murcia
—
La Rioja
—
Valencia
(192)
In the cases where illegal aid was granted for the upgrade of the terrestrial network to town councils acting as network operators, the town councils are direct beneficiaries of the aid. The sum to be recovered equals the full amount received by the town councils from the central and regional authorities for the extension of coverage of their network. On the basis of the information received from Spain, the Commission has found that this applies at least to town councils located in the Autonomous Communities of Andalucía, Canarias, Extremadura and Murcia (non-exhaustive list).
Undertakings subject to recovery
Recovery
Method by which the aid is provided
CA concerned
Direct beneficiaries
Town councils acting as network operators
Full amount received from the authorities for extension of coverage
Transfer of funds to the beneficiary
—
Andalucía
—
Canary Islands
—
Extremadura
—
Murcia
Example
In Murcia, using the money received from the region and MITyC, the town councils organised almost all of the 143 tenders identified. Provided that they are not de minimis, they would fall under this category.
(193)
In the cases of Autonomous Communities where a public undertaking acting as a network operator carried out the extension of coverage of the network, such an undertaking is considered to be a direct beneficiary and is subject to recovery. The Commission has identified Aragón Telecom, Gestión de Infraestructuras Públicas de Telecomunicaciones del Principado de Asturias, S.A., Multimedia de les Illes Balears S.A., Instituto Tecnologico de Canarias, Sociedad Regional de Cantabria I+D+I (IDICAN), Fundación Centro Tecnológico en Logística Integral de Cantabria (CTL), Promoción de Viviendas, Infraestructuras y Logística, S.A in Castilla y León (Provilsa), Redes de Telecomunicación Galegas Retegal, S.A. (Retegal), Obras Publicas y Telecomunicaciones De Navarra, S.A. (Opnatel), Itelazpi S.A., Centre de Telecomunicacions i Tecnologies de la Informació (CTTI) in Cataluña and Agencia de Informática y Comunicaciones de la Comunidad de Madrid (AICCM) to be companies falling into this category. The sum to be recovered is the full amount of funds received from the authorities for the extension.
(194)
In these cases, however, it is not ruled out that the public undertakings carried out part of the extension themselves, and partly contracted the extension to a network operator through a tender. In the latter case the illegal aid was actually transferred to the companies who won the tenders, and they are therefore effective, although indirect, beneficiaries of the aid. Thus, to avoid double recovery, the illegal aid shall be recovered from the effective beneficiaries, i.e. (a) from the public undertaking for the amount received for the extension minus the funds transferred to network operators following technologically non-neutral tenders for extension of coverage and (b) from the network operators for the amounts contracted following a technologically not neutral tender for extension of coverage organised by the public undertaking concerned.
Undertakings subject to recovery
Recovery
Method by which the aid is provided
AC concerned/public undertaking concerned/approximate amount received by the public undertaking for the extension of coverage
Direct beneficiaries
Public undertaking
Full amount received from the authorities for extension of coverage (minus funds transferred to network operators following technologically non-neutral tenders for extension of coverage, if applicable)
Time of transfer of funds from the authorities
—
Aragón (Aragón Telecom, EUR 9 million)
—
Asturias (Gestión de Infraestructuras Públicas de Telecomunicaciones del Principado de Asturias SA, EUR 14 million)
—
Balearic Islands (Multimedia de Illes Balears SA, EUR 4 million)
—
Canary Islands (Instituto Tecnológico de Canarias, EUR 3,7 million)
—
Cantabria (Idican; CTL, EUR 3 million)
—
Castilla y León (Provilsa, EUR 44 million)
—
Cataluña (CTTI, EUR 52 million)
—
Galicia (Retegal, EUR 17 million)
—
Madrid (AICCM, EUR 3,6 million)
—
Navarra (Opnatel, EUR 7 million)
—
Basque Country (Itelazpi, EUR 10 million)
AND if applicable
Indirect beneficiaries
Winner(s) of the technologically non-neutral tenders for extension of coverage organised by the public undertaking
Full amount received under the technologically not neutral tenders for extension of coverage
Transfer of funds to the beneficiary selected in the tender
Example
In the case of Madrid, where a tender organised by the public undertaking (AICCM) was provided as an example of a technologically non-neutral tender for extension of coverage (see paragraph 186, the amount of EUR 3 622 744 granted to the contracted company, Retevision S.A., must be recovered in full from Retevision, as winner of the non-neutral tender, and subtracted from the amount to be recovered from AICCM, the public undertaking which is the direct beneficiary (109).
(195)
The ongoing aid is for the maintenance and operation of DTT networks. The operators of these networks are the beneficiaries of the maintenance and operation aid. The aid has therefore to be recovered from those network operators.
(196)
In the cases where the individual beneficiaries received funding not exceeding thresholds specified in Regulation (EC) No 1998/2006, such funding is not considered state aid if all the conditions set by this Regulation are fulfilled, and is not subject to recovery.
(197)
Recovery shall be effected from the date on which the advantage to the beneficiaries took effect, i.e. when the aid was made available to the beneficiary, and shall bear interest until effective recovery.
7. CONCLUSION
The Commission finds that the Kingdom of Spain has unlawfully implemented the aid for the operators of the terrestrial television platform for the extension of coverage of digital terrestrial television in remote and less urbanised areas of Spain in breach of Article 108(3) of the Treaty on the Functioning of the European Union. The aid, including the (ongoing) aid for operation and maintenance, shall be recovered from the platform operators which are the direct or indirect beneficiaries. This includes local corporations where they act as platform operators.
HAS ADOPTED THIS DECISION:
Article 1
The state aid granted to the operators of the terrestrial television platform for the deployment, maintenance and operation of the digital terrestrial television network in Area II unlawfully put into effect by Spain in breach of Article 108(3) of the TFEU is incompatible with the internal market, except for the aid which was granted in compliance with the criterion of technological neutrality.
Article 2
The individual aid granted under the scheme referred to in Article 1 does not constitute aid if, at the time it is granted, it fulfils the conditions laid down by the regulation adopted pursuant to Article 2 of Council Regulation (EC) No 994/98 (110) applicable at the time the aid is granted.
Article 3
1. Spain shall recover the incompatible aid granted under the scheme referred to in Article 1 from the Digital Terrestrial Television operators, whether they received the aid directly or indirectly.
2. The sums to be recovered shall bear interest from the date on which they were made available to the beneficiaries until their recovery.
3. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 (111).
4. Spain shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of notification of this decision.
Article 4
1. Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.
2. Spain shall ensure that this Decision is implemented within four months following the date of notification thereof.
3. Within two months following notification of this Decision, Spain shall submit the following information to the Commission:
(a)
the list of beneficiaries that have received aid under the scheme referred to in Article 1 and the total amount of aid received by each of them under that scheme, broken down by the categories indicated in section 6.2 above;
(b)
the total amount (principal and recovery interests) to be recovered from each beneficiary;
(c)
a detailed description of the measures already taken and planned in order to comply with this Decision;
(d)
documents demonstrating that the beneficiaries have been ordered to repay the aid.
4. Spain shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 1 has been completed. It shall immediately submit, at the Commission's request, information on the measures already taken and planned in order to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiaries.
Article 5
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 19 June 2013.
For the Commission
Joaquín ALMUNIA
Vice-President
(1) OJ C 337, 14.12.2010, p. 17.
(2) http://www.boe.es/boe/dias/2005/06/15/pdfs/A20562-20567.pdf.
(3) http://www.boe.es/boe/dias/2005/07/30/pdfs/A27006-27014.pdf.
(4) OJ C 335, 11.12.2010, p. 8.
(5) See footnote 1.
(6) In addition to submitting comments in this case, Castilla-La Mancha subsequently submitted its observations on case C 24/2010.
(7) Astra challenged the termination of the contract before a court of first instance in Santander (procedure No 1728/2009), which on 23 December 2011 ordered the Cantabrian authorities to indemnify Astra for the unjustified termination of the contract. The Court did not find any breach of contract on the part of Astra that would justify the termination of the contract. According to the Court, the decision of the Spanish central government to develop the national strategy for DTT was one of the reasons for the termination of the contract. See judgment 000313/2011 of the Court of First Instance of Santander.
(8) The concession includes the assignment of a frequency for terrestrial broadcasting.
(9) The terms ‘platform operators’ and ‘network operators’ are used interchangeably in the text of the Decision.
(10) ‘Internet Protocol Television’ is a term used to refer to distribution systems of TV and video signals through an electronic communications network using the internet Protocol.
(11) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on transforming the digital dividend into social benefits and economic growth (COM(2009) 586) recommended that the Member States should cease using the 800 MHz band for high-power broadcasting services and fully implement the EU technical harmonisation decision by a certain date agreed at EU level.
(12) See for instance, for France state aid N666/09 — Amendment of aid scheme to TNT N 111/2006, for Slovakia state aid N671/09 — Switch-over to digital TV broadcasting in Slovakia, for Spain state aid SA.28685 (2011/NN) — Reception of digital television in Cantabria. It should also be noted that in Spain in the remote and less urbanised areas under investigation (‘Area II’) it was not always viable to provide TV signal via the DTT platform and therefore satellite transmission was chosen in some areas.
(13) State aid SA.32619, Compensation of damages for the liberation of digital dividend (OJ C 213, 19.7.2012, p. 41).
(14) Around 26 free-to-air national channels and around 30 regional channels.
(15) See footnote 3.
(16) It established the obligation of private broadcasters to reach by that date 96 % of the population in their respective areas of coverage, while public broadcasters were required to reach 98 % of the population in their respective areas of coverage. In this Area I, broadcasters had the obligation to cover these percentages of population with terrestrial digital television, and they had to bear the costs of digitisation themselves. Hence, no state aid was necessary
(17) http://www.televisiondigital.es/Documents/PlanNacionalTransicionTDT.pdf.
(18) Subsequently classified in Phases I, II and III.
(19) http://www.boe.es/boe/dias/2008/03/06/pdfs/A13832-13834.pdf.
(20) The decision regarding the distribution of funds for the development of broadband and the digitisation of television in Area II was left to the regional authorities.
(21) The framework agreements were signed between MITyC and the Autonomous Communities in 2006 within the framework of the Plan Avanza.
(22) http://www.boe.es/boe/dias/2009/07/02/pdfs/BOE-A-2009-10972.pdf.
(23) See, for example, Andalucía's Addendum http://www.boe.es/boe/dias/2009/10/28/pdfs/BOE-A-2009-17108.pdf.
(24) In total, over 600 agreements — framework agreements, addenda etc. — were concluded between the authorities concerning the extension of coverage.
(25) E.g. Extremadura, Asturias, Canarias, Cataluña, Madrid.
(26) E.g. Aragon.
(27) As in the cases of Aragón or Asturias.
(28) Extremadura.
(29) Out of 516 tenders held by all the regions except Castilla-La Mancha the Commission analysed a sample of 82, both for extension (17) and supply (65). Only 9 of these were classified as technologically neutral: 3 tenders for extension (Castilla y Leon), and 6 for supply (5 in the Canary Islands and one in Cantabria).
(30) Excluding Castilla-La Mancha.
(31) The arguments of the central and regional authorities are presented together as the position of Spain (or of the Spanish authorities), except for the Basque Country, which requested the application of public service compensation rules.
(32) Judgment of the ECJ of 24 July 2003 in case C-280/00, Altmark Trans GMBH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GMBH, ECR 2003 1-7747.
(33) Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (OJ L 312, 29.11.2005, p. 67) and Community framework for state aid in the form of public service compensation (OJ C 297, 29.11.2005, p. 4) (‘Framework’).
(34) Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (OJ L 379, 28.12.2006, p. 5).
(35) The confidential data are indicated in the text of the Decision with […].
(36) According to Astra, thanks to the funds provided by the authorities under Area II measures, Hispasat, a satellite provider co-owned by Abertis and serving Area III, can provide its satellite capacity to broadcasters at no additional cost. Finally, Astra claims that as a result of the measure, Abertis obtained the exclusive use of the must carry obligation in Area III.
(37) It claims that satellite platforms have a very high number of users with conditional access around the world, and the complexity of conditional access was not an obstacle for its deployment.
(38) Abertis refers to its own cost study conducted in January 2010 to compare the respective costs of using DTT and satellite technology to provide digital television services in Area II. According to this study, the overall cost for using DTT technology would represent about EUR 286 million over a 10-year period, whereas the total costs of using the satellite technology in the same period would amount to approximately EUR 532 million. Abertis submitted this internal study to an external accountancy company, whose report confirmed its findings, while pointing out that the satellite and DTT cost estimates were conservative. In any event, both studies confirmed the appropriateness of the cost comparators and the conclusion that using satellite technology to provide digital TV services in Area II would have been significantly more costly than using DTT, mainly owing to the higher economic and social costs to be borne by the consumers in the case of satellite.
(39) According to those studies, satellite technology would entail higher costs for the provision of the services at issue. Those costs would have to be supported by broadcasters and local network operators as well as by the viewers. The cost study carried out by Abertis also concluded that the use of satellite technology would require an additional period of approximately six months before the digital switchover could be achieved, as consumers in Area II would need time to purchase and install satellite decoders and dishes, etc. This in turn would give rise to additional costs related to simulcast broadcasting (analogue and digital platforms broadcasting simultaneously) during that period of time.
(40) Such guidance can be found in the relevant documents of the Central government. In particular, the framework agreements signed in December 2008, entitled Framework Collaboration Agreement between the Ministry of Industry, Tourism and Trade and the Autonomous Community of […] for the Development of the National Transition Plan to DTT, provide for a list of activities that will be financed by the central and regional authorities in order to reach a digital television coverage equal to the existing analogue coverage. On the one hand they refer to existing transmission centres upgraded by broadcasters (DTT centres deployed in Area I) and, on the other hand, to ‘coverage extensions’ — additional centres that will need to be deployed in order to ensure the same penetration of digital television. Given that only the DTT technology requires existence of transmission centres, it seems clear that the planned actions concern only the DTT technology. Further, the addenda to the Framework Agreements signed between October and December 2009 refer to funding for the coverage extension. They define what should be understood by ‘actions to extend the coverage’, making explicit reference only to terrestrial technology.
(41) In meetings with the Autonomous Communities, MITyC expressed its objective of ensuring the transition to DTT also in Area II. This is confirmed by a presentation, publicly available on internet, and signed by MITyC. http://www.fenitel.es/asamblea08/PONENCIAS/4SETSI.pdf. It is also confirmed by statements from Autonomous Communities in reply to the Commission's request for information. In their replies, the Autonomous Communities explicitly refer to the National Transition Plan adopted by Royal Decree 944/2005 and to the Plan Avanza. See, for example, the reply from Extremadura: ‘In accordance with … Royal Decree 944/2005… approving the National Technical Plan for terrestrial digital television setting out the local initiative concerning extension of DTT coverage …’.
(42) Tender for supply of equipment of 30 July 2008 published by the Autonomous Community of La Rioja and tender for extension SE/CTTI/06/08 of 27 July 2008 published by the Autonomous Community of Catalonia.
(43) See, for example, resolution of the Authorities of Castilla y Leon: RESOLUCIÓN de 24 de septiembre de 2012, de la Dirección General de Telecomunicaciones, por la que se anuncia la licitación del servicio: Contrato de servicios para la conservación y renovación tecnológica de las infraestructuras de televisión digital de la Junta de Castilla y León. Expte.: Serv 05-4/12; BOCYL 10 Octubre 2012.
(44) Commission decisions N622/2003 Digitalisierungsfonds Austria, C25/2004 DVB-T Berlin Brandenburg (paragraph 62), C34/2006 DVB-T North-Rhine Westphalia (paragraph 83), C52/2005 Mediaset (paragraph 96).
(45) Case T-196/04 Ryanair Ltd v European Commission, [2007] ECR II-2379, paragraph 88, Case C-82/01P Aéroports de Paris v Commission, [2002] ECR I-9297, paragraphs 107-109 and 121-125.
(46) See Joined Cases T-443/08 and T-455/08, Freistaat Sachsen and Land Sachsen-Anhalt (T-443/08) and Mitteldeutsche Flughafen AG and Flughafen Leipzig-Halle GmbH (T-455/08) v European Commission [2011] ECR II-01311, paragraph 115, where the Court states: ‘The fact that an activity is not engaged in by private operators or that it is unprofitable are irrelevant criteria in regard to the classification of that activity as an economic activity (…).’
(47) Communication from the Commission on the application of the European Union state aid rules to compensation granted for the provision of services of general economic interest (OJ C 8, 1.1.2012, p. 4)
(48) Case C-364/92, SAT/Eurocontrol,[1994] paragraphs 19 to 30, ECR I-43, C-113/07 P, Selex, [2009], ECR I-2207.
(49) Case C-343/95, Calì & Figli, [1997], ECR I-1547, paragraph 22.
(50) Case T-155/04 Selex, [2006] ECR II-4797, paragraphs 73-82, confirmed by C-113/07, Selex [2009] ECR I-2307.
(51) As set out in section 2.1.3. public broadcasters have a 98 % coverage obligation and therefore had to cover Area II by their own means. Moreover, the national public TV channels of RTVE and regional public channels are broadcast via a different network. While private broadcasters use the Single Frequency Network (SFN) signal, public broadcasters use the Red Global Española (RGE) network. As a result of these differences, the terrestrial facilities require different equipment for each of the two networks.
(52) For example, Aragon telecom, Gestión de Infraestructuras Públicas de Telecomunicaciones del Principado de Asturias, S.A., Multimedia de les Illes Balears S.A., Instituto Tecnologico de Canarias, Sociedad Regional de Cantabria I+D+I (IDICAN), RETEGAL and Itelazpi are public companies that were charged with the task of extension and for that reason they organised tenders for the supply of equipment necessary to digitise broadcasting centres. Fundación Centro Tecnológico en Logística Integral de Cantabria, Centre de Telecomunicacions i Tecnologies de la Informació in Catalunya and Agencia de Informatica y Comunicaciones de la Comunidad de Madrid were in charge of organising tenders for extension of DTT coverage, the extension was therefore executed by the successful bidders. OPNATEL in Navarra was in charge of carrying out extension and it acquired the necessary equipment without tenders.
(53) For example, Andalucía, Castilla y León, Extremadura, Murcia, La Rioja and Valencia.
(54) As explained above in paragraph (33), in the case of tenders for the extension of coverage, the winning company was charged with the mission of providing, and in many cases building, an operative DTT network. To this end, necessary tasks included design and engineering of the network, transport of the signal, deployment of the network and supply of the necessary equipment. In addition, tenders for the supply of hardware were organised in the case of already existing networks. The winner of such tenders was expected to upgrade with the necessary equipment, i.e. supply, instal and activate the equipment.
(55) E.g. Abertis and Retevision won non-neutral tenders for the extension of coverage in Extremadura and Castilla y Leon for the total sum of EUR […] million.
(56) Andalucía, Canarias, Extremadura, Murcia.
(57) As set out in paragraph 21, Abertis dominates the market for the transmission of free to a TV signals on the terrestrial platform in Area I and via its subsidiary Hispasat in Area III. By extending the reach of digital terrestrial TV to Area II, the provision of nationwide free to air TV signals remains under Abertis' control. The entry of Astra in Area II could also generate more platform competition also in Areas I and III in the future. By way of analogy, there are numerous studies demonstrating the benefits in terms of lowering prices and increasing quality of service when satellite entered the TV market in the US. Prior to satellite entry, cable firms had enjoyed monopoly power in local geographic areas. Compare, for example, Chenghuan Sean Chu, The effect of satellite entry on cable television prices and product quality, RAND Journal of Economics Vol. 41, No 4, winter 2010, pp. 730-764.
(58) This was the case of Retevision, entirely owned by Abertis, which won non-neutral tenders for extension organised in Madrid and Catalonia for the total sum of EUR […] million.
(59) C52/05 — Digital decoders Italy (OJ C 118, 19.5.2006, p. 10 and OJ L 147, 8.6.2007, p. 1).
(60) To give some examples of companies which have won tenders, Tredess is a manufacturer of digital transmission equipment belonging to the Televes Group which also manufactures digital satellite TV receivers, antennas, dishes (Compare: http://www.tredess.com and http://www.televes.es.) Similar: Mier (http://www.mier.es), Elecnor (http://www.elecnor.es/es.negocios.infraestructuras/telecomunicaciones) Itelsis, BTESA, Axion, Retegal, Itelazpi, Telecom CLM.
(61) The tenders in Area II regarding the extension of coverage often ask for turnkey solutions which require integrating, installing and supplying several equipment components (dish, antenna, transmitter, satellite receiver). In most cases the solution provided included satellite receiver equipment in order to receive the digital signal already distributed through satellite by the broadcasters.
(62) As stated in the protocol on the public broadcasting system of the Member States annexed to the Treaty of Amsterdam.
(63) Among others, Ley 31/1987, de 18 diciembre, de Ordenación de las Telecomunicaciones; Royal Decree-Law 529/2002 of 14 July, regulating the provision of the essential service relating to the support network for broadcasting television services during a strike; rulings of the Supreme Court (Judicial Review Court, 3rd Section) of 23 July 2009 (JUR 2009\381376), Legal Basis Two; and of 18 December 2009 (RJ 2010\2313), Legal Basis Three: ‘It is unquestionably of public interest to guarantee the extension and universal cover of the state television channels in remote and isolated areas of the country (to be in parity with those which do not have these characteristics) which are not covered by the commitment made by the television operators’.
(64) Ley 11/1998, de 24 de abril, General de Telecomunicaciones.
(65) These include services related to public defence and civil protection and operation of the telephony network.
(66) Ley 32/2003, de 3 de noviembre, General de Telecomunicaciones.
(67) Article 2(1) of the Law states: ‘Telecommunications services are services of general interest provided under the rules of free competition’.
(68) Annex II of the law 32/2003 contains precise, technologically neutral, definitions of the telecommunications and electronic communications network. ‘Telecommunications: any transmission, emission or reception of signs, signals, writing, images and sounds or information of any nature by wire, radio electricity, optical means or other electromagnetic systems’. ‘Electronic communications network means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed’.
(69) Recitals 6 and 7 and Article 5 of the Conventions.
(70) The study has not been made available to the Commission.
(71) Hispasat provides these services in support of the DTT network in Area II.
(72) As, for example, France.
(73) For example, Antena 3, Cuatro, Telecinco, La Sexta, La Siete, Teledeporte, TVE, La2, Canal 24 horas.
(74) Analysis of the television market submitted by Spain in the notification of the measure: Compensation for damages for liberation of the digital dividend in Spain, SA.32619 (2011/N).
(75) T-55/99, Confederación Espanola de Transporte de Mercancias (CETM) v Commission of the European Communities, [2000] ECR II-3207.
(76) COM(2002)263 final, eEurope 2005: An information society for all, COM(2003)541 final, Communication from the Commission on the transition from analogue to digital broadcasting (from digital ‘switchover’ to analogue ‘switch-off')’ and COM(2005)204 final, Communication from the Commission on accelerating the transition from analogue to digital broadcasting.
(77) See Less and better target state aid: a roadmap for state aid reform 2005-2009, COM(2005)107 final.
(78) See, among others, N622/03 Digitalisierungsfonds — Austria (OJ C 228, 17.9.2005, p. 12); C25/04 Introduction of digital terrestrial television (DVB-T) in Berlin-Brandenburg — Germany (OJ L 200, 22.7.2006, p. 14); C24/04 Digital terrestrial television in Sweden (OJ L 112, 30.4.2007, p. 77); C52/05 Digital decoders Italy (OJ L 147, 8.6.2007, p. 1); N270/06 Subsidies to digital decoders with API — Italy (OJ C 80, 13.4.2007, p. 3); N107/07 Subsidies to IdTV — Italy (OJ C 246, 20.10.2007); C34/06 Introduction of digital terrestrial television (DVB-T) in Nordrhein-Westfalen (OJ L 236, 3.9.2008, p. 10); SA.28685 Captación de Televisión Digital en Cantabria — Spain (OJ C 119, 24.4.2012).
(79) See paragraph 132 of the Commission's decision C25/04, Introduction of digital terrestrial television (DVB-T) in Berlin-Brandenburg — Germany (OJ L 200, 22.7.2006, p. 14).
(80) COM(2002) 263 final, eEurope 2005: An information society for all.
(81) COM(2003) 541 final, Communication on the transition from analogue to digital broadcasting (from digital ‘switchover’ to analogue ‘switchoff’), and COM(2005)204 final, Communication from the Commission on accelerating the transition from analogue to digital broadcasting.
(82) COM(2005)229 final, 1 June 2005.
(83) See above, footnote 77.
(84) Cases T-8/06 — FAB Fernsehen aus Berlin GmbH v Commission, Judgment of 6 October 2009, [2009] ECR II-00196; C-544/09P — Germany v Commission, Judgment of 15 September 2011, not yet published; T-177/07, Mediaset SpA v Commission, Judgment of 15 June 2010, [2010] ECR II-02341; and C-403/10 P — Mediaset SpA v Commission, Judgment of 28 July 2011.
(85) See footnote 12.
(86) Such a study served as a justification for a choice of a particular technology in a broadband case. See Commission Decision N222/06 — Aid to bridge the digital divide in Sardinia (OJ C 68, 24.3.2007, p. 6).
(87) The UK chose DTT for the provision of local TV on the basis of an ex ante study carried out by its regulator OFCOM and an ex ante consultation of market players. On this basis, the Commission did not insist on carrying out a technologically neutral tender. SA.33980 (2012/N) — Local TV in the UK, http://ec.europa.eu/competition/state_aid/cases/244689/244689_1425664_116_2.pdf.
(88) Although in the technologically neutral initial tender of Cantabria three consortia put in a bid which was built on a satellite solution (Castilla-La-Mancha Telecom, Telefónica and Astra), none of these companies — or any other non-DTT platform operator — participated again in any of the subsequent tenders.
(89) Hispasat, co- owned by Abertis and by the Spanish government, provides services in certain Autonomous Communities in parts of Area II. For example, in the Canary Islands, 16 villages located in Area II receive free-to-air television via satellite. In Castilla y Leon the same applies to around 9000 people. As Abertis is in charge of the control of the satellite receivers in all terrestrial sites and it does not allow other satellite operators to interconnect with such receivers, only Hispasat can offer such DTT transport services to feed terrestrial towers.
(90) E.g. France, UK, Italy, Slovakia.
(91) As further underlined by the judgement of the national court. See above, footnote on p. 7.
(92) See footnote 13.
(93) http://stakeholders.ofcom.org.uk/consultations/second-coexistence-consultation/.
(94) According to Astra's estimates, the total number of local channels currently broadcasted is limited to 415 channels.
(95) The satellite signal can be broadcast over the entire Spanish territory. However, in the case of the terrestrial platform, geographical extension requires the installation of additional repeaters and/or relay towers.
(96) Cases T-195/01 and T-207/01, Gibraltar [2002] ECR II-2309, paragraphs 109-111.
(97) With the exception of Murcia, which notified the measure after it had already been implemented.
(98) Case C-70/72 Commission v Germany [1973] ECR 00813, point 13.
(99) Joined Cases C-278/92, C-279/92 and C-280/92 Spain v Commission [1994] ECR I-4103, paragraph 75.
(100) Case C-75/97 Belgium v Commission [1999] ECR I-3705, paragraphs 64-65.
(101) OJ L 83, 27.3.1999, p. 1.
(102) Supply, installation and start-up of the necessary equipment to provide the service of transport and broadcasting of DTT, for 6 national multiplexes (state global network, single frequency network) and an autonomous community multiplex, in locations in Extremadura under Phase II of the National Plan for Transition to DTT. Case SU-28/2009.
(103) Supply, installation and start-up of the necessary equipment to provide the service of transport and broadcasting of DTT for 6 national multiplexes (Red Global Estatal (state global network) Red de Frecuencia Unica (single frequency network)) and an autonomous community multiplex (hereinafter RGE, SFN and AUT) in locations under Phase II of the National Plan for Transition to DTT. It includes the following activities: (a) design of the technical broadcasting and distribution networks that will support the service; (b) planning of supply of the necessary equipment for the proposed network; (c) roll-out of the network, including the installation and start-up of the necessary equipment and infrastructure. This supply will be made on a turnkey basis.
(104) Page 2, paragraph 5 — ‘The main objective to be pursued is to extend and guarantee a percentage as close as possible to 100 % of coverage of Digital Terrestrial Television (DTT) to all citizens in the districts coming under Extremadura Phase II. No limitations are established as regards the network architecture or the technology/ies to be used provided the minimum requirements established are met.’
Page 10 paragraph 7 — Bidders should include in their bids the architecture of the proposed distribution network, which must be consistent with the broadcasting network. For each multiplex, the best solution for this service is sought, always subject to criteria of economic and technological optimisation.
(105) Other tenders identified by the Commission as falling into the same category are tender 2009/000127 organised by the Junta de Andalucía and tender S-004/10/10 organised by Junta de Extremadura.
(106) Technical specifications for the contract for ‘Drafting of projects, supply, installation and start-up of the necessary infrastructure and communications for extension of the Digital Terrestrial Television (DTT) signal coverage in the Madrid autonomous community.’ To be concluded by the ordinary simplified procedure on a multi-criteria basis. Case ECON/000572/2008.
(107) Page 3, paragraph 3 — ‘(…) supply, installation and start-up of the necessary infrastructure and communications for extension of the Digital Terrestrial Television (DTT) signal coverage in the Madrid autonomous community, including all the work relating to performance of the related technical projects, measurement, maintenance, operation and management of the installations making up the service for the infrastructure deployed, and work necessary to disseminate institutional information to promote Digital Terrestrial Television.’
Page 9, paragraph 8 — ‘The broadcasting network proposed to provide digital terrestrial television coverage, based on the timetable for switch-off and the budget allocation available, will be specified.’
(108) Page 4, paragraphs 2 and 8 — ‘The main objective to be pursued through the execution of the work detailed below is to extend and guarantee a percentage as close as possible to 100 % of coverage of Digital Terrestrial Television (DTT) to all citizens in the autonomous community of Madrid. To facilitate DTT reception in the coverage areas, it is advisable for the broadcasting centres to have sites compatible with the orientation of the existing satellite dishes in buildings, so that citizens do not have to install new dishes or reorientate the existing dishes. Bidders should therefore state how they will address this issue in the proposed solution.’ Page 12, paragraph 4 — ‘The micro broadcaster/micro transmitter will be designed in accordance with the following specifications’.
(109) Other tenders identified by the Commission as falling into the same category are, amongst others, two tenders organised by Provilsa in March 2009 won by Retevision SA and Telvent Energía S.A.; tender SE/CTTI/06/08 organised by CTTI and won by Abertis S.A., tender Contratación del suministro de la fase II y III para la extensión de la TDT en Aragón organised in June 2009 by Aragón Telecom and won by Abertis.
(110) OJ L 142, 14.5.1998, p. 1.
(111) OJ L 140, 30.4.2004, p. 1.
ANNEX
Public spending in Area II on DTT deployment, by Spanish regions (Autonomous Communities, except Castilla La Mancha)
BUDGET (in EUR)
Region (Autonomous Community)
MYTIC direct subsidies (1)
MYTIC soft-loans (1)
Regional funds (1)
Local Funds (1)
Recurrent cost (2009-2011) (1)
Total funds
Total amount of organised tenders (2)
Total public spending (3)
ANDALUCIA
4 668 500,00
1 220 690,00
8 712 873,00
491 203,00
2 250 479,00
15 093 266,00
3 678 242,17
15 093 266,00
ARAGON
5 900 000,00
8 700 000,00
5 400 000,00
—
5 000 000,00
20 000 000,00
16 281 754,30
20 000 000,00
ASTURIAS
—
13 430 787,00
353 535,00
—
2 129 698,00
13 784 322,00
13 784 322,00
13 784 322,00
BALEARES
—
—
913 034,00
—
763 034,00
913 034,00
3 294 429,02
3 294 429,02
CANARIAS
2 905 766,26
1 130 595,85
1 792 402,57
—
—
5 828 764,68
5 284 331,67
5 828 764,68
CANTABRIA
3 229 500,00
3 851 949,80
622 449,00
—
860 850,00
7 703 898,80
6 355 613,68
7 703 898,80
CASTILLA Y LEON
13 830 850,00
20 316 585,73
10 324 906,71
—
6 716 000,00
37 756 342,44
37 756 342,44
37 756 342,44
CATALUÑA
13 838 368,00
26 024 223,00
NO DATA
NO DATA
—
39 862 591,00
52 316 794,34
52 316 794,34
CEUTA
54 000,00
91 786,17
10 000,00
—
NO DATA
155 786,17
50 000,00
155 786,17
EXTREMADURA
2 238 250,00
7 800 000,00
18 718,00
—
—
10 056 968,00
9 549 379,74
10 056 968,00
GALICIA
6 083 300,00
5 000 000,00
6 003 336,00
—
873 000,00
17 086 636,00
12 644 112,98
17 086 636,00
MADRID
554 200,00
—
3 068 444,00
—
—
3 622 644,00
3 622 744,00
3 622 644,00
MELILLA
254 000,00
NO DATA
2 000,00
NO DATA
NO DATA
256 000,00
—
256 000,00
MURCIA
135 750,00
—
2 478 700,00
40 188,00
212 371,00
2 654 638,00
2 788 407,32
2 788 407,32
NAVARRA
316 850,00
—
6 675 028,00
—
4 256 508,39
6 991 878,00
6 991 878,00
6 991 878,00
LA RIOJA
1 229 350,00
3 000 000,00
3 737 425,00
—
944 000,00
7 966 775,00
5 766 775,00
7 966 775,00
PAIS VASCO
2 487 800,00
—
9 802 703,00
2 425 000,00
1 508 308,00
14 715 503,00
179 000,00
14 715 503,00
VALENCIA
1 822 250,00
13 384 248,94
818 280,30
586 234,17
679 500,00
16 611 013,41
15 412 499,00
16 611 013,41
Information about the amounts of aid received, to be recovered and already recovered
Identity of the beneficiary
Total amount of aid received under the scheme (4)
Total amount of aid to be recovered (4)
(Principal)
Total amount already reimbursed (4)
Principal
Recovery interest
(1) Amounts reported by the Spanish central and regional authorities during the investigation.
(2) Sum of funds transferred to the successful bidders following the tenders submitted to the Commission.
(3) Only data coming from four Regions (in green) allow to define precisely the amount of State aid, as both (i) the declared sum of funds granted by the authorities and (ii) the total of the fund transferred following the tenders submitted to the Commission coincide. Due to the difficulty to obtain precise information from other Regions, it is considered that the amount of State aid granted in a particular region is the higher of the two declared amounts: (i) total of the funds granted by the authorities or (ii) the total of the funds transferred following the tenders submitted to the Commission.
(4) Million of national currency |
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